Public Act 102-0004
 
HB0158 EnrolledLRB102 10244 CPF 15570 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
Title I. General Provisions

 
Article 1.

 
    Section 1-1. This Act may be referred to as the Illinois
Health Care and Human Service Reform Act.
 
    Section 1-5. Findings.
    "We, the People of the State of Illinois in order to
provide for the health, safety and welfare of the people;
maintain a representative and orderly government; eliminate
poverty and inequality; assure legal, social and economic
justice; provide opportunity for the fullest development of
the individual; insure domestic tranquility; provide for the
common defense; and secure the blessings of freedom and
liberty to ourselves and our posterity - do ordain and
establish this Constitution for the State of Illinois."
    The Illinois Legislative Black Caucus finds that, in order
to improve the health outcomes of Black residents in the State
of Illinois, it is essential to dramatically reform the
State's health and human service system. For over 3 decades,
multiple health studies have found that health inequities at
their very core are due to racism. As early as 1998 research
demonstrated that Black Americans received less health care
than white Americans because doctors treated patients
differently on the basis of race. Yet, Illinois' health and
human service system disappointingly continues to perpetuate
health disparities among Black Illinoisans of all ages,
genders, and socioeconomic status.
    In July 2020, Trinity Health announced its plans to close
Mercy Hospital, an essential resource serving the Chicago
South Side's predominantly Black residents. Trinity Health
argued that this closure would have no impact on health access
but failed to understand the community's needs. Closure of
Mercy Hospital would only serve to create a health access
desert and exacerbate existing health disparities. On December
15, 2020, after hearing from community members and advocates,
the Health Facilities and Services Review Board unanimously
voted to deny closure efforts, yet Trinity still seeks to
cease Mercy's operations.
    Prior to COVID-19, much of the social and political
attention surrounding the nationwide opioid epidemic focused
on the increase in overdose deaths among white, middle-class,
suburban and rural users; the impact of the epidemic in Black
communities was largely unrecognized. Research has shown rates
of opioid use at the national scale are higher for whites than
they are for Blacks, yet rates of opioid deaths are higher
among Blacks (43%) than whites (22%). The COVID-19 pandemic
will likely exacerbate this situation due to job loss,
stay-at-home orders, and ongoing mitigation efforts creating a
lack of physical access to addiction support and harm
reduction groups.
    In 2018, the Illinois Department of Public Health reported
that Black women were about 6 times as likely to die from a
pregnancy-related cause as white women. Of those, 72% of
pregnancy-related deaths and 93% of violent
pregnancy-associated deaths were deemed preventable. Between
2016 and 2017, Black women had the highest rate of severe
maternal morbidity with a rate of 101.5 per 10,000 deliveries,
which is almost 3 times as high as the rate for white women.
    In the City of Chicago, African American and Latinx
populations are suffering from higher rates of AIDS/HIV
compared to the general population. Recent data places HIV as
one of the top 5 leading causes of death in African American
women between the ages of 35 to 44 and the seventh ranking
cause in African American women between the ages of 20 to 34.
Among the Latinx population, nearly 20% with HIV exclusively
depend on indigenous-led and staffed organizations for
services.
    Cardiovascular disease (CVD) accounts for more deaths in
Illinois than any other cause of death, according to the
Illinois Department of Public Health; CVD is the leading cause
of death among Black residents. According to the Kaiser Family
Foundation (KFF), for every 100,000 people, 224 Black
Illinoisans die of CVD compared to 158 white Illinoisans.
Cancer, the second leading cause of death in Illinois, too is
pervasive among African Americans. In 2019, an estimated
606,880 Americans, or 1,660 people a day, died of cancer; the
American Cancer Society estimated 24,410 deaths occurred in
Illinois. KFF estimates that, out of every 100,000 people, 191
Black Illinoisans die of cancer compared to 152 white
Illinoisans.
    Black Americans suffer at much higher rates from chronic
diseases, including diabetes, hypertension, heart disease,
asthma, and many cancers. Utilizing community health workers
in patient education and chronic disease management is needed
to close these health disparities. Studies have shown that
diabetes patients in the care of a community health worker
demonstrate improved knowledge and lifestyle and
self-management behaviors, as well as decreases in the use of
the emergency department. A study of asthma control among
Black adolescents concluded that asthma control was reduced by
35% among adolescents working with community health workers,
resulting in a savings of $5.58 per dollar spent on the
intervention. A study of the return on investment for
community health workers employed in Colorado showed that,
after a 9-month period, patients working with community health
workers had an increased number of primary care visits and a
decrease in urgent and inpatient care. Utilization of
community health workers led to a $2.38 return on investment
for every dollar invested in community health workers.
    Adverse childhood experiences (ACEs) are traumatic
experiences occurring during childhood that have been found to
have a profound effect on a child's developing brain structure
and body which may result in poor health during a person's
adulthood. ACEs studies have found a strong correlation
between the number of ACEs and a person's risk for disease and
negative health behaviors, including suicide, depression,
cancer, stroke, ischemic heart disease, diabetes, autoimmune
disease, smoking, substance abuse, interpersonal violence,
obesity, unplanned pregnancies, lower educational achievement,
workplace absenteeism, and lower wages. Data also shows that
approximately 20% of African American and Hispanic adults in
Illinois reported 4 or more ACEs, compared to 13% of
non-Hispanic whites. Long-standing ACE interventions include
tools such as trauma-informed care. Trauma-informed care has
been promoted and established in communities across the
country on a bipartisan basis, including in the states of
California, Florida, Massachusetts, Missouri, Oregon,
Pennsylvania, Washington, and Wisconsin. Several federal
agencies have integrated trauma-informed approaches in their
programs and grants which should be leveraged by the State.
    According to a 2019 Rush University report, a Black
person's life expectancy on average is less when compared to a
white person's life expectancy. For instance, when comparing
life expectancy in Chicago's Austin neighborhood to the
Chicago Loop, there is a difference of 11 years between Black
life expectancy (71 years) and white life expectancy (82
years).
    In a 2015 literature review of implicit racial and ethnic
bias among medical professionals, it was concluded that there
is a moderate level of implicit bias in most medical
professionals. Further, the literature review showed that
implicit bias has negative consequences for patients,
including strained patient relationships and negative health
outcomes. It is critical for medical professionals to be aware
of implicit racial and ethnic bias and work to eliminate bias
through training.
    In the field of medicine, a historically racist
profession, Black medical professionals have commonly been
ostracized. In 1934, Dr. Roland B. Scott was the first African
American to pass the pediatric board exam, yet when he applied
for membership with the American Academy of Pediatrics he was
rejected multiple times. Few medical organizations have
confronted the roles they played in blocking opportunities for
Black advancement in the medical profession until the formal
apologies of the American Medical Association in 2008. For
decades, organizations like the AMA predicated their
membership on joining a local state medical society, several
of which excluded Black physicians.
    In 2010, the General Assembly, in partnership with
Treatment Alternatives for Safe Communities, published the
Disproportionate Justice Impact Study. The study examined the
impact of Illinois drug laws on racial and ethnic groups and
the resulting over-representation of racial and ethic minority
groups in the Illinois criminal justice system. Unsurprisingly
and disappointingly, the study confirmed decades long
injustices, such as nonwhites being arrested at a higher rate
than whites relative to their representation in the general
population throughout Illinois.
    All together, the above mentioned only begins to capture a
part of a larger system of racial injustices and inequities.
The General Assembly and the people of Illinois are urged to
recognize while racism is a core fault of the current health
and human service system, that it is a pervasive disease
affecting a multiplitude of institutions which truly drive
systematic health inequities: education, child care, criminal
justice, affordable housing, environmental justice, and job
security and so forth. For persons to live up to their full
human potential, their rights to quality of life, health care,
a quality job, a fair wage, housing, and education must not be
inhibited.
    Therefore, the Illinois Legislative Black Caucus, as
informed by the Senate's Health and Human Service Pillar
subject matter hearings, seeks to remedy a fraction of a much
larger broken system by addressing access to health care,
hospital closures, managed care organization reform, community
health worker certification, maternal and infant mortality,
mental and substance abuse treatment, hospital reform, and
medical implicit bias in the Illinois Health Care and Human
Service Reform Act. This Act shall achieve needed change
through the use of, but not limited to, the Medicaid Managed
Care Oversight Commission, the Health and Human Services Task
Force, and a hospital closure moratorium, in order to address
Illinois' long-standing health inequities.
 
Title II. Community Health Workers

 
Article 5.

 
    Section 5-1. Short title. This Article may be cited as the
Community Health Worker Certification and Reimbursement Act.
References in this Article to "this Act" mean this Article.
 
    Section 5-5. Definition. In this Act, "community health
worker" means a frontline public health worker who is a
trusted member or has an unusually close understanding of the
community served. This trusting relationship enables the
community health worker to serve as a liaison, link, and
intermediary between health and social services and the
community to facilitate access to services and improve the
quality and cultural competence of service delivery. A
community health worker also builds individual and community
capacity by increasing health knowledge and self-sufficiency
through a range of activities, including outreach, community
education, informal counseling, social support, and advocacy.
A community health worker shall have the following core
competencies:
        (1) communication;
        (2) interpersonal skills and relationship building;
        (3) service coordination and navigation skills;
        (4) capacity-building;
        (5) advocacy;
        (6) presentation and facilitation skills;
        (7) organizational skills; cultural competency;
        (8) public health knowledge;
        (9) understanding of health systems and basic
    diseases;
        (10) behavioral health issues; and
        (11) field experience.
    Nothing in this definition shall be construed to authorize
a community health worker to provide direct care or treatment
to any person or to perform any act or service for which a
license issued by a professional licensing board is required.
 
    Section 5-10. Community health worker training.
    (a) Community health workers shall be provided with
multi-tiered academic and community-based training
opportunities that lead to the mastery of community health
worker core competencies.
    (b) For academic-based training programs, the Department
of Public Health shall collaborate with the Illinois State
Board of Education, the Illinois Community College Board, and
the Illinois Board of Higher Education to adopt a process to
certify academic-based training programs that students can
attend to obtain individual community health worker
certification. Certified training programs shall reflect the
approved core competencies and roles for community health
workers.
    (c) For community-based training programs, the Department
of Public Health shall collaborate with a statewide
association representing community health workers to adopt a
process to certify community-based programs that students can
attend to obtain individual community health worker
certification.
    (d) Community health workers may need to undergo
additional training, including, but not limited to, asthma,
diabetes, maternal child health, behavioral health, and social
determinants of health training. Multi-tiered training
approaches shall provide opportunities that build on each
other and prepare community health workers for career pathways
both within the community health worker profession and within
allied professions.
 
    Section 5-15. Illinois Community Health Worker
Certification Board.
    (a) There is created within the Department of Public
Health, in shared leadership with a statewide association
representing community health workers, the Illinois Community
Health Worker Certification Board. The Board shall serve as
the regulatory body that develops and has oversight of initial
community health workers certification and certification
renewals for both individuals and academic and community-based
training programs.
    (b) A representative from the Department of Public Health,
the Department of Financial and Professional Regulation, the
Department of Healthcare and Family Services, and the
Department of Human Services shall serve on the Board. At
least one full-time professional shall be assigned to staff
the Board with additional administrative support available as
needed. The Board shall have balanced representation from the
community health worker workforce, community health worker
employers, community health worker training and educational
organizations, and other engaged stakeholders.
    (c) The Board shall propose a certification process for
and be authorized to approve training from community-based
organizations, in conjunction with a statewide organization
representing community health workers, and academic
institutions, in consultation with the Illinois State Board of
Education, the Illinois Community College Board and the
Illinois Board of Higher Education. The Board shall base
training approval on core competencies, best practices, and
affordability. In addition, the Board shall maintain a
registry of certification records for individually certified
community health workers.
    (d) All training programs that are deemed certifiable by
the Board shall go through a renewal process, which will be
determined by the Board once established. The Board shall
establish criteria to grandfather in any community health
workers who were practicing prior to the establishment of a
certification program.
    (e) To ensure high-quality service, the Illinois Community
Health Worker Certification Board shall examine and consider
for adoption best practices from other states that have
implemented policies to allow for alternative opportunities to
demonstrate competency in core skills and knowledge in
addition to certification.
    (f) The Department of Public Health shall explore ways to
compensate members of the Board.
 
    Section 5-20. Reimbursement. Community health worker
services shall be covered under the medical assistance
program, subject to appropriation, for persons who are
otherwise eligible for medical assistance. The Department of
Healthcare and Family Services shall develop services,
including, but not limited to, care coordination and
diagnosis-related patient services, for which community health
workers will be eligible for reimbursement and shall request
approval from the federal Centers for Medicare and Medicaid
Services to reimburse community health worker services under
the medical assistance program. For reimbursement under the
medical assistance program, a community health worker must
work under the supervision of an enrolled medical program
provider, as specified by the Department, and certification
shall be required for reimbursement. The supervision of
enrolled medical program providers and certification are not
required for community health workers who receive
reimbursement through managed care administrative moneys.
Noncertified community health workers are reimbursable at the
discretion of managed care entities following availability of
community health worker certification. In addition, the
Department of Healthcare and Family Services shall amend its
contracts with managed care entities to allow managed care
entities to employ community health workers or subcontract
with community-based organizations that employ community
health workers.
 
    Section 5-23. Certification. Certification shall not be
required for employment of community health workers.
Noncertified community health workers may be employed through
funding sources outside of the medical assistance program.
 
    Section 5-25. Rules. The Department of Public Health and
the Department of Healthcare and Family Services may adopt
rules for the implementation and administration of this Act.
 
Title III. Hospital Reform

 
Article 10.

 
    Section 10-5. The Hospital Licensing Act is amended by
changing Section 10.4 as follows:
 
    (210 ILCS 85/10.4)  (from Ch. 111 1/2, par. 151.4)
    Sec. 10.4. Medical staff privileges.
    (a) Any hospital licensed under this Act or any hospital
organized under the University of Illinois Hospital Act shall,
prior to the granting of any medical staff privileges to an
applicant, or renewing a current medical staff member's
privileges, request of the Director of Professional Regulation
information concerning the licensure status, proper
credentials, required certificates, and any disciplinary
action taken against the applicant's or medical staff member's
license, except: (1) for medical personnel who enter a
hospital to obtain organs and tissues for transplant from a
donor in accordance with the Illinois Anatomical Gift Act; or
(2) for medical personnel who have been granted disaster
privileges pursuant to the procedures and requirements
established by rules adopted by the Department. Any hospital
and any employees of the hospital or others involved in
granting privileges who, in good faith, grant disaster
privileges pursuant to this Section to respond to an emergency
shall not, as a result of their acts or omissions, be liable
for civil damages for granting or denying disaster privileges
except in the event of willful and wanton misconduct, as that
term is defined in Section 10.2 of this Act. Individuals
granted privileges who provide care in an emergency situation,
in good faith and without direct compensation, shall not, as a
result of their acts or omissions, except for acts or
omissions involving willful and wanton misconduct, as that
term is defined in Section 10.2 of this Act, on the part of the
person, be liable for civil damages. The Director of
Professional Regulation shall transmit, in writing and in a
timely fashion, such information regarding the license of the
applicant or the medical staff member, including the record of
imposition of any periods of supervision or monitoring as a
result of alcohol or substance abuse, as provided by Section
23 of the Medical Practice Act of 1987, and such information as
may have been submitted to the Department indicating that the
application or medical staff member has been denied, or has
surrendered, medical staff privileges at a hospital licensed
under this Act, or any equivalent facility in another state or
territory of the United States. The Director of Professional
Regulation shall define by rule the period for timely response
to such requests.
    No transmittal of information by the Director of
Professional Regulation, under this Section shall be to other
than the president, chief operating officer, chief
administrative officer, or chief of the medical staff of a
hospital licensed under this Act, a hospital organized under
the University of Illinois Hospital Act, or a hospital
operated by the United States, or any of its
instrumentalities. The information so transmitted shall be
afforded the same status as is information concerning medical
studies by Part 21 of Article VIII of the Code of Civil
Procedure, as now or hereafter amended.
    (b) All hospitals licensed under this Act, except county
hospitals as defined in subsection (c) of Section 15-1 of the
Illinois Public Aid Code, shall comply with, and the medical
staff bylaws of these hospitals shall include rules consistent
with, the provisions of this Section in granting, limiting,
renewing, or denying medical staff membership and clinical
staff privileges. Hospitals that require medical staff members
to possess faculty status with a specific institution of
higher education are not required to comply with subsection
(1) below when the physician does not possess faculty status.
        (1) Minimum procedures for pre-applicants and
    applicants for medical staff membership shall include the
    following:
            (A) Written procedures relating to the acceptance
        and processing of pre-applicants or applicants for
        medical staff membership, which should be contained in
        medical staff bylaws.
            (B) Written procedures to be followed in
        determining a pre-applicant's or an applicant's
        qualifications for being granted medical staff
        membership and privileges.
            (C) Written criteria to be followed in evaluating
        a pre-applicant's or an applicant's qualifications.
            (D) An evaluation of a pre-applicant's or an
        applicant's current health status and current license
        status in Illinois.
            (E) A written response to each pre-applicant or
        applicant that explains the reason or reasons for any
        adverse decision (including all reasons based in whole
        or in part on the applicant's medical qualifications
        or any other basis, including economic factors).
        (2) Minimum procedures with respect to medical staff
    and clinical privilege determinations concerning current
    members of the medical staff shall include the following:
            (A) A written notice of an adverse decision.
            (B) An explanation of the reasons for an adverse
        decision including all reasons based on the quality of
        medical care or any other basis, including economic
        factors.
            (C) A statement of the medical staff member's
        right to request a fair hearing on the adverse
        decision before a hearing panel whose membership is
        mutually agreed upon by the medical staff and the
        hospital governing board. The hearing panel shall have
        independent authority to recommend action to the
        hospital governing board. Upon the request of the
        medical staff member or the hospital governing board,
        the hearing panel shall make findings concerning the
        nature of each basis for any adverse decision
        recommended to and accepted by the hospital governing
        board.
                (i) Nothing in this subparagraph (C) limits a
            hospital's or medical staff's right to summarily
            suspend, without a prior hearing, a person's
            medical staff membership or clinical privileges if
            the continuation of practice of a medical staff
            member constitutes an immediate danger to the
            public, including patients, visitors, and hospital
            employees and staff. In the event that a hospital
            or the medical staff imposes a summary suspension,
            the Medical Executive Committee, or other
            comparable governance committee of the medical
            staff as specified in the bylaws, must meet as
            soon as is reasonably possible to review the
            suspension and to recommend whether it should be
            affirmed, lifted, expunged, or modified if the
            suspended physician requests such review. A
            summary suspension may not be implemented unless
            there is actual documentation or other reliable
            information that an immediate danger exists. This
            documentation or information must be available at
            the time the summary suspension decision is made
            and when the decision is reviewed by the Medical
            Executive Committee. If the Medical Executive
            Committee recommends that the summary suspension
            should be lifted, expunged, or modified, this
            recommendation must be reviewed and considered by
            the hospital governing board, or a committee of
            the board, on an expedited basis. Nothing in this
            subparagraph (C) shall affect the requirement that
            any requested hearing must be commenced within 15
            days after the summary suspension and completed
            without delay unless otherwise agreed to by the
            parties. A fair hearing shall be commenced within
            15 days after the suspension and completed without
            delay, except that when the medical staff member's
            license to practice has been suspended or revoked
            by the State's licensing authority, no hearing
            shall be necessary.
                (ii) Nothing in this subparagraph (C) limits a
            medical staff's right to permit, in the medical
            staff bylaws, summary suspension of membership or
            clinical privileges in designated administrative
            circumstances as specifically approved by the
            medical staff. This bylaw provision must
            specifically describe both the administrative
            circumstance that can result in a summary
            suspension and the length of the summary
            suspension. The opportunity for a fair hearing is
            required for any administrative summary
            suspension. Any requested hearing must be
            commenced within 15 days after the summary
            suspension and completed without delay. Adverse
            decisions other than suspension or other
            restrictions on the treatment or admission of
            patients may be imposed summarily and without a
            hearing under designated administrative
            circumstances as specifically provided for in the
            medical staff bylaws as approved by the medical
            staff.
                (iii) If a hospital exercises its option to
            enter into an exclusive contract and that contract
            results in the total or partial termination or
            reduction of medical staff membership or clinical
            privileges of a current medical staff member, the
            hospital shall provide the affected medical staff
            member 60 days prior notice of the effect on his or
            her medical staff membership or privileges. An
            affected medical staff member desiring a hearing
            under subparagraph (C) of this paragraph (2) must
            request the hearing within 14 days after the date
            he or she is so notified. The requested hearing
            shall be commenced and completed (with a report
            and recommendation to the affected medical staff
            member, hospital governing board, and medical
            staff) within 30 days after the date of the
            medical staff member's request. If agreed upon by
            both the medical staff and the hospital governing
            board, the medical staff bylaws may provide for
            longer time periods.
            (C-5) All peer review used for the purpose of
        credentialing, privileging, disciplinary action, or
        other recommendations affecting medical staff
        membership or exercise of clinical privileges, whether
        relying in whole or in part on internal or external
        reviews, shall be conducted in accordance with the
        medical staff bylaws and applicable rules,
        regulations, or policies of the medical staff. If
        external review is obtained, any adverse report
        utilized shall be in writing and shall be made part of
        the internal peer review process under the bylaws. The
        report shall also be shared with a medical staff peer
        review committee and the individual under review. If
        the medical staff peer review committee or the
        individual under review prepares a written response to
        the report of the external peer review within 30 days
        after receiving such report, the governing board shall
        consider the response prior to the implementation of
        any final actions by the governing board which may
        affect the individual's medical staff membership or
        clinical privileges. Any peer review that involves
        willful or wanton misconduct shall be subject to civil
        damages as provided for under Section 10.2 of this
        Act.
            (D) A statement of the member's right to inspect
        all pertinent information in the hospital's possession
        with respect to the decision.
            (E) A statement of the member's right to present
        witnesses and other evidence at the hearing on the
        decision.
            (E-5) The right to be represented by a personal
        attorney.
            (F) A written notice and written explanation of
        the decision resulting from the hearing.
            (F-5) A written notice of a final adverse decision
        by a hospital governing board.
            (G) Notice given 15 days before implementation of
        an adverse medical staff membership or clinical
        privileges decision based substantially on economic
        factors. This notice shall be given after the medical
        staff member exhausts all applicable procedures under
        this Section, including item (iii) of subparagraph (C)
        of this paragraph (2), and under the medical staff
        bylaws in order to allow sufficient time for the
        orderly provision of patient care.
            (H) Nothing in this paragraph (2) of this
        subsection (b) limits a medical staff member's right
        to waive, in writing, the rights provided in
        subparagraphs (A) through (G) of this paragraph (2) of
        this subsection (b) upon being granted the written
        exclusive right to provide particular services at a
        hospital, either individually or as a member of a
        group. If an exclusive contract is signed by a
        representative of a group of physicians, a waiver
        contained in the contract shall apply to all members
        of the group unless stated otherwise in the contract.
        (3) Every adverse medical staff membership and
    clinical privilege decision based substantially on
    economic factors shall be reported to the Hospital
    Licensing Board before the decision takes effect. These
    reports shall not be disclosed in any form that reveals
    the identity of any hospital or physician. These reports
    shall be utilized to study the effects that hospital
    medical staff membership and clinical privilege decisions
    based upon economic factors have on access to care and the
    availability of physician services. The Hospital Licensing
    Board shall submit an initial study to the Governor and
    the General Assembly by January 1, 1996, and subsequent
    reports shall be submitted periodically thereafter.
        (4) As used in this Section:
        "Adverse decision" means a decision reducing,
    restricting, suspending, revoking, denying, or not
    renewing medical staff membership or clinical privileges.
        "Economic factor" means any information or reasons for
    decisions unrelated to quality of care or professional
    competency.
        "Pre-applicant" means a physician licensed to practice
    medicine in all its branches who requests an application
    for medical staff membership or privileges.
        "Privilege" means permission to provide medical or
    other patient care services and permission to use hospital
    resources, including equipment, facilities and personnel
    that are necessary to effectively provide medical or other
    patient care services. This definition shall not be
    construed to require a hospital to acquire additional
    equipment, facilities, or personnel to accommodate the
    granting of privileges.
        (5) Any amendment to medical staff bylaws required
    because of this amendatory Act of the 91st General
    Assembly shall be adopted on or before July 1, 2001.
    (c) All hospitals shall consult with the medical staff
prior to closing membership in the entire or any portion of the
medical staff or a department. If the hospital closes
membership in the medical staff, any portion of the medical
staff, or the department over the objections of the medical
staff, then the hospital shall provide a detailed written
explanation for the decision to the medical staff 10 days
prior to the effective date of any closure. No applications
need to be provided when membership in the medical staff or any
relevant portion of the medical staff is closed.
(Source: P.A. 96-445, eff. 8-14-09; 97-1006, eff. 8-17-12.)
 
Article 15.

 
    Section 15-3. The Illinois Health Finance Reform Act is
amended by changing Section 4-4 as follows:
 
    (20 ILCS 2215/4-4)  (from Ch. 111 1/2, par. 6504-4)
    Sec. 4-4. (a) Hospitals shall make available to
prospective patients information on the normal charge incurred
for any procedure or operation the prospective patient is
considering.
    (b) The Department of Public Health shall require
hospitals to post, either by physical or electronic means, in
prominent letters, in letters no more than one inch in height
the established charges for services, where applicable,
including but not limited to the hospital's private room
charge, semi-private room charge, charge for a room with 3 or
more beds, intensive care room charges, emergency room charge,
operating room charge, electrocardiogram charge, anesthesia
charge, chest x-ray charge, blood sugar charge, blood
chemistry charge, tissue exam charge, blood typing charge and
Rh factor charge. The definitions of each charge to be posted
shall be determined by the Department.
(Source: P.A. 92-597, eff. 7-1-02.)
 
    Section 15-5. The Hospital Licensing Act is amended by
changing Sections 6, 6.14c, 10.10, and 11.5 as follows:
 
    (210 ILCS 85/6)  (from Ch. 111 1/2, par. 147)
    Sec. 6. (a) Upon receipt of an application for a permit to
establish a hospital the Director shall issue a permit if he
finds (1) that the applicant is fit, willing, and able to
provide a proper standard of hospital service for the
community with particular regard to the qualification,
background, and character of the applicant, (2) that the
financial resources available to the applicant demonstrate an
ability to construct, maintain, and operate a hospital in
accordance with the standards, rules, and regulations adopted
pursuant to this Act, and (3) that safeguards are provided
which assure hospital operation and maintenance consistent
with the public interest having particular regard to safe,
adequate, and efficient hospital facilities and services.
    The Director may request the cooperation of county and
multiple-county health departments, municipal boards of
health, and other governmental and non-governmental agencies
in obtaining information and in conducting investigations
relating to such applications.
    A permit to establish a hospital shall be valid only for
the premises and person named in the application for such
permit and shall not be transferable or assignable.
    In the event the Director issues a permit to establish a
hospital the applicant shall thereafter submit plans and
specifications to the Department in accordance with Section 8
of this Act.
    (b) Upon receipt of an application for license to open,
conduct, operate, and maintain a hospital, the Director shall
issue a license if he finds the applicant and the hospital
facilities comply with standards, rules, and regulations
promulgated under this Act. A license, unless sooner suspended
or revoked, shall be renewable annually upon approval by the
Department and payment of a license fee as established
pursuant to Section 5 of this Act. Each license shall be issued
only for the premises and persons named in the application and
shall not be transferable or assignable. Licenses shall be
posted, either by physical or electronic means, in a
conspicuous place on the licensed premises. The Department
may, either before or after the issuance of a license, request
the cooperation of the State Fire Marshal, county and multiple
county health departments, or municipal boards of health to
make investigations to determine if the applicant or licensee
is complying with the minimum standards prescribed by the
Department. The report and recommendations of any such agency
shall be in writing and shall state with particularity its
findings with respect to compliance or noncompliance with such
minimum standards, rules, and regulations.
    The Director may issue a provisional license to any
hospital which does not substantially comply with the
provisions of this Act and the standards, rules, and
regulations promulgated by virtue thereof provided that he
finds that such hospital has undertaken changes and
corrections which upon completion will render the hospital in
substantial compliance with the provisions of this Act, and
the standards, rules, and regulations adopted hereunder, and
provided that the health and safety of the patients of the
hospital will be protected during the period for which such
provisional license is issued. The Director shall advise the
licensee of the conditions under which such provisional
license is issued, including the manner in which the hospital
facilities fail to comply with the provisions of the Act,
standards, rules, and regulations, and the time within which
the changes and corrections necessary for such hospital
facilities to substantially comply with this Act, and the
standards, rules, and regulations of the Department relating
thereto shall be completed.
(Source: P.A. 98-683, eff. 6-30-14.)
 
    (210 ILCS 85/6.14c)
    Sec. 6.14c. Posting of information. Every hospital shall
conspicuously post, either by physical or electronic means,
for display in an area of its offices accessible to patients,
employees, and visitors the following:
        (1) its current license;
        (2) a description, provided by the Department, of
    complaint procedures established under this Act and the
    name, address, and telephone number of a person authorized
    by the Department to receive complaints;
        (3) a list of any orders pertaining to the hospital
    issued by the Department during the past year and any
    court orders reviewing such Department orders issued
    during the past year; and
        (4) a list of the material available for public
    inspection under Section 6.14d.
    Each hospital shall post, either by physical or electronic
means, in each facility that has an emergency room, a notice in
a conspicuous location in the emergency room with information
about how to enroll in health insurance through the Illinois
health insurance marketplace in accordance with Sections 1311
and 1321 of the federal Patient Protection and Affordable Care
Act.
(Source: P.A. 101-117, eff. 1-1-20.)
 
    (210 ILCS 85/10.10)
    Sec. 10.10. Nurse Staffing by Patient Acuity.
    (a) Findings. The Legislature finds and declares all of
the following:
        (1) The State of Illinois has a substantial interest
    in promoting quality care and improving the delivery of
    health care services.
        (2) Evidence-based studies have shown that the basic
    principles of staffing in the acute care setting should be
    based on the complexity of patients' care needs aligned
    with available nursing skills to promote quality patient
    care consistent with professional nursing standards.
        (3) Compliance with this Section promotes an
    organizational climate that values registered nurses'
    input in meeting the health care needs of hospital
    patients.
    (b) Definitions. As used in this Section:
    "Acuity model" means an assessment tool selected and
implemented by a hospital, as recommended by a nursing care
committee, that assesses the complexity of patient care needs
requiring professional nursing care and skills and aligns
patient care needs and nursing skills consistent with
professional nursing standards.
    "Department" means the Department of Public Health.
    "Direct patient care" means care provided by a registered
professional nurse with direct responsibility to oversee or
carry out medical regimens or nursing care for one or more
patients.
    "Nursing care committee" means an existing or newly
created hospital-wide committee or committees of nurses whose
functions, in part or in whole, contribute to the development,
recommendation, and review of the hospital's nurse staffing
plan established pursuant to subsection (d).
    "Registered professional nurse" means a person licensed as
a Registered Nurse under the Nurse Practice Act.
    "Written staffing plan for nursing care services" means a
written plan for guiding the assignment of patient care
nursing staff based on multiple nurse and patient
considerations that yield minimum staffing levels for
inpatient care units and the adopted acuity model aligning
patient care needs with nursing skills required for quality
patient care consistent with professional nursing standards.
    (c) Written staffing plan.
        (1) Every hospital shall implement a written
    hospital-wide staffing plan, recommended by a nursing care
    committee or committees, that provides for minimum direct
    care professional registered nurse-to-patient staffing
    needs for each inpatient care unit. The written
    hospital-wide staffing plan shall include, but need not be
    limited to, the following considerations:
            (A) The complexity of complete care, assessment on
        patient admission, volume of patient admissions,
        discharges and transfers, evaluation of the progress
        of a patient's problems, ongoing physical assessments,
        planning for a patient's discharge, assessment after a
        change in patient condition, and assessment of the
        need for patient referrals.
            (B) The complexity of clinical professional
        nursing judgment needed to design and implement a
        patient's nursing care plan, the need for specialized
        equipment and technology, the skill mix of other
        personnel providing or supporting direct patient care,
        and involvement in quality improvement activities,
        professional preparation, and experience.
            (C) Patient acuity and the number of patients for
        whom care is being provided.
            (D) The ongoing assessments of a unit's patient
        acuity levels and nursing staff needed shall be
        routinely made by the unit nurse manager or his or her
        designee.
            (E) The identification of additional registered
        nurses available for direct patient care when
        patients' unexpected needs exceed the planned workload
        for direct care staff.
        (2) In order to provide staffing flexibility to meet
    patient needs, every hospital shall identify an acuity
    model for adjusting the staffing plan for each inpatient
    care unit.
        (3) The written staffing plan shall be posted, either
    by physical or electronic means, in a conspicuous and
    accessible location for both patients and direct care
    staff, as required under the Hospital Report Card Act. A
    copy of the written staffing plan shall be provided to any
    member of the general public upon request.
    (d) Nursing care committee.
        (1) Every hospital shall have a nursing care
    committee. A hospital shall appoint members of a committee
    whereby at least 50% of the members are registered
    professional nurses providing direct patient care.
        (2) A nursing care committee's recommendations must be
    given significant regard and weight in the hospital's
    adoption and implementation of a written staffing plan.
        (3) A nursing care committee or committees shall
    recommend a written staffing plan for the hospital based
    on the principles from the staffing components set forth
    in subsection (c). In particular, a committee or
    committees shall provide input and feedback on the
    following:
            (A) Selection, implementation, and evaluation of
        minimum staffing levels for inpatient care units.
            (B) Selection, implementation, and evaluation of
        an acuity model to provide staffing flexibility that
        aligns changing patient acuity with nursing skills
        required.
            (C) Selection, implementation, and evaluation of a
        written staffing plan incorporating the items
        described in subdivisions (c)(1) and (c)(2) of this
        Section.
            (D) Review the following: nurse-to-patient
        staffing guidelines for all inpatient areas; and
        current acuity tools and measures in use.
        (4) A nursing care committee must address the items
    described in subparagraphs (A) through (D) of paragraph
    (3) semi-annually.
    (e) Nothing in this Section 10.10 shall be construed to
limit, alter, or modify any of the terms, conditions, or
provisions of a collective bargaining agreement entered into
by the hospital.
(Source: P.A. 96-328, eff. 8-11-09; 97-423, eff. 1-1-12;
97-813, eff. 7-13-12.)
 
    (210 ILCS 85/11.5)
    Sec. 11.5. Uniform standards of obstetrical care
regardless of ability to pay.
    (a) No hospital may promulgate policies or implement
practices that determine differing standards of obstetrical
care based upon a patient's source of payment or ability to pay
for medical services.
    (b) Each hospital shall develop a written policy statement
reflecting the requirements of subsection (a) and shall post,
either by physical or electronic means, written notices of
this policy in the obstetrical admitting areas of the hospital
by July 1, 2004. Notices posted pursuant to this Section shall
be posted in the predominant language or languages spoken in
the hospital's service area.
(Source: P.A. 93-981, eff. 8-23-04.)
 
    Section 15-10. The Language Assistance Services Act is
amended by changing Section 15 as follows:
 
    (210 ILCS 87/15)
    Sec. 15. Language assistance services.
    (a) To ensure access to health care information and
services for limited-English-speaking or non-English-speaking
residents and deaf residents, a health facility must do the
following:
        (1) Adopt and review annually a policy for providing
    language assistance services to patients with language or
    communication barriers. The policy shall include
    procedures for providing, to the extent possible as
    determined by the facility, the use of an interpreter
    whenever a language or communication barrier exists,
    except where the patient, after being informed of the
    availability of the interpreter service, chooses to use a
    family member or friend who volunteers to interpret. The
    procedures shall be designed to maximize efficient use of
    interpreters and minimize delays in providing interpreters
    to patients. The procedures shall insure, to the extent
    possible as determined by the facility, that interpreters
    are available, either on the premises or accessible by
    telephone, 24 hours a day. The facility shall annually
    transmit to the Department of Public Health a copy of the
    updated policy and shall include a description of the
    facility's efforts to insure adequate and speedy
    communication between patients with language or
    communication barriers and staff.
        (2) Develop, and post, either by physical or
    electronic means, in conspicuous locations, notices that
    advise patients and their families of the availability of
    interpreters, the procedure for obtaining an interpreter,
    and the telephone numbers to call for filing complaints
    concerning interpreter service problems, including, but
    not limited to, a TTY number for persons who are deaf or
    hard of hearing. The notices shall be posted, at a
    minimum, in the emergency room, the admitting area, the
    facility entrance, and the outpatient area. Notices shall
    inform patients that interpreter services are available on
    request, shall list the languages most commonly
    encountered at the facility for which interpreter services
    are available, and shall instruct patients to direct
    complaints regarding interpreter services to the
    Department of Public Health, including the telephone
    numbers to call for that purpose.
        (3) Notify the facility's employees of the language
    services available at the facility and train them on how
    to make those language services available to patients.
    (b) In addition, a health facility may do one or more of
the following:
        (1) Identify and record a patient's primary language
    and dialect on one or more of the following: a patient
    medical chart, hospital bracelet, bedside notice, or
    nursing card.
        (2) Prepare and maintain, as needed, a list of
    interpreters who have been identified as proficient in
    sign language according to the Interpreter for the Deaf
    Licensure Act of 2007 and a list of the languages of the
    population of the geographical area served by the
    facility.
        (3) Review all standardized written forms, waivers,
    documents, and informational materials available to
    patients on admission to determine which to translate into
    languages other than English.
        (4) Consider providing its nonbilingual staff with
    standardized picture and phrase sheets for use in routine
    communications with patients who have language or
    communication barriers.
        (5) Develop community liaison groups to enable the
    facility and the limited-English-speaking,
    non-English-speaking, and deaf communities to ensure the
    adequacy of the interpreter services.
(Source: P.A. 98-756, eff. 7-16-14.)
 
    Section 15-15. The Fair Patient Billing Act is amended by
changing Section 15 as follows:
 
    (210 ILCS 88/15)
    Sec. 15. Patient notification.
    (a) Each hospital shall post a sign with the following
notice:
         "You may be eligible for financial assistance under
    the terms and conditions the hospital offers to qualified
    patients. For more information contact [hospital financial
    assistance representative]".
    (b) The sign under subsection (a) shall be posted, either
by physical or electronic means, conspicuously in the
admission and registration areas of the hospital.
    (c) The sign shall be in English, and in any other language
that is the primary language of at least 5% of the patients
served by the hospital annually.
    (d) Each hospital that has a website must post a notice in
a prominent place on its website that financial assistance is
available at the hospital, a description of the financial
assistance application process, and a copy of the financial
assistance application.
    (e) Within 180 days after the effective date of this
amendatory Act of the 102nd General Assembly, each Each
hospital must make available information regarding financial
assistance from the hospital in the form of either a brochure,
an application for financial assistance, or other written or
electronic material in the emergency room, material in the
hospital admission, or registration area.
(Source: P.A. 94-885, eff. 1-1-07.)
 
    Section 15-16. The Health Care Violence Prevention Act is
amended by changing Section 15 as follows:
 
    (210 ILCS 160/15)
    Sec. 15. Workplace safety.
    (a) A health care worker who contacts law enforcement or
files a report with law enforcement against a patient or
individual because of workplace violence shall provide notice
to management of the health care provider by which he or she is
employed within 3 days after contacting law enforcement or
filing the report.
    (b) No management of a health care provider may discourage
a health care worker from exercising his or her right to
contact law enforcement or file a report with law enforcement
because of workplace violence.
    (c) A health care provider that employs a health care
worker shall display a notice, either by physical or
electronic means, stating that verbal aggression will not be
tolerated and physical assault will be reported to law
enforcement.
    (d) The health care provider shall offer immediate
post-incident services for a health care worker directly
involved in a workplace violence incident caused by patients
or their visitors, including acute treatment and access to
psychological evaluation.
(Source: P.A. 100-1051, eff. 1-1-19.)
 
    Section 15-17. The Medical Patient Rights Act is amended
by changing Sections 3.4 and 5.2 as follows:
 
    (410 ILCS 50/3.4)
    Sec. 3.4. Rights of women; pregnancy and childbirth.
    (a) In addition to any other right provided under this
Act, every woman has the following rights with regard to
pregnancy and childbirth:
        (1) The right to receive health care before, during,
    and after pregnancy and childbirth.
        (2) The right to receive care for her and her infant
    that is consistent with generally accepted medical
    standards.
        (3) The right to choose a certified nurse midwife or
    physician as her maternity care professional.
        (4) The right to choose her birth setting from the
    full range of birthing options available in her community.
        (5) The right to leave her maternity care professional
    and select another if she becomes dissatisfied with her
    care, except as otherwise provided by law.
        (6) The right to receive information about the names
    of those health care professionals involved in her care.
        (7) The right to privacy and confidentiality of
    records, except as provided by law.
        (8) The right to receive information concerning her
    condition and proposed treatment, including methods of
    relieving pain.
        (9) The right to accept or refuse any treatment, to
    the extent medically possible.
        (10) The right to be informed if her caregivers wish
    to enroll her or her infant in a research study in
    accordance with Section 3.1 of this Act.
        (11) The right to access her medical records in
    accordance with Section 8-2001 of the Code of Civil
    Procedure.
        (12) The right to receive information in a language in
    which she can communicate in accordance with federal law.
        (13) The right to receive emotional and physical
    support during labor and birth.
        (14) The right to freedom of movement during labor and
    to give birth in the position of her choice, within
    generally accepted medical standards.
        (15) The right to contact with her newborn, except
    where necessary care must be provided to the mother or
    infant.
        (16) The right to receive information about
    breastfeeding.
        (17) The right to decide collaboratively with
    caregivers when she and her baby will leave the birth site
    for home, based on their conditions and circumstances.
        (18) The right to be treated with respect at all times
    before, during, and after pregnancy by her health care
    professionals.
        (19) The right of each patient, regardless of source
    of payment, to examine and receive a reasonable
    explanation of her total bill for services rendered by her
    maternity care professional or health care provider,
    including itemized charges for specific services received.
    Each maternity care professional or health care provider
    shall be responsible only for a reasonable explanation of
    those specific services provided by the maternity care
    professional or health care provider.
    (b) The Department of Public Health, Department of
Healthcare and Family Services, Department of Children and
Family Services, and Department of Human Services shall post,
either by physical or electronic means, information about
these rights on their publicly available websites. Every
health care provider, day care center licensed under the Child
Care Act of 1969, Head Start, and community center shall post
information about these rights in a prominent place and on
their websites, if applicable.
    (c) The Department of Public Health shall adopt rules to
implement this Section.
    (d) Nothing in this Section or any rules adopted under
subsection (c) shall be construed to require a physician,
health care professional, hospital, hospital affiliate, or
health care provider to provide care inconsistent with
generally accepted medical standards or available capabilities
or resources.
(Source: P.A. 101-445, eff. 1-1-20.)
 
    (410 ILCS 50/5.2)
    Sec. 5.2. Emergency room anti-discrimination notice. Every
hospital shall post, either by physical or electronic means, a
sign next to or in close proximity of its sign required by
Section 489.20 (q)(1) of Title 42 of the Code of Federal
Regulations stating the following:
    "You have the right not to be discriminated against by the
hospital due to your race, color, or national origin if these
characteristics are unrelated to your diagnosis or treatment.
If you believe this right has been violated, please call
(insert number for hospital grievance officer).".
(Source: P.A. 97-485, eff. 8-22-11.)
 
    Section 15-25. The Abandoned Newborn Infant Protection Act
is amended by changing Section 22 as follows:
 
    (325 ILCS 2/22)
    Sec. 22. Signs. Every hospital, fire station, emergency
medical facility, and police station that is required to
accept a relinquished newborn infant in accordance with this
Act must post, either by physical or electronic means, a sign
in a conspicuous place on the exterior of the building housing
the facility informing persons that a newborn infant may be
relinquished at the facility in accordance with this Act. The
Department shall prescribe specifications for the signs and
for their placement that will ensure statewide uniformity.
    This Section does not apply to a hospital, fire station,
emergency medical facility, or police station that has a sign
that is consistent with the requirements of this Section that
is posted on the effective date of this amendatory Act of the
95th General Assembly.
(Source: P.A. 95-275, eff. 8-17-07.)
 
    Section 15-30. The Crime Victims Compensation Act is
amended by changing Section 5.1 as follows:
 
    (740 ILCS 45/5.1)  (from Ch. 70, par. 75.1)
    Sec. 5.1. (a) Every hospital licensed under the laws of
this State shall display prominently in its emergency room
posters giving notification of the existence and general
provisions of this Act. The posters may be displayed by
physical or electronic means. Such posters shall be provided
by the Attorney General.
    (b) Any law enforcement agency that investigates an
offense committed in this State shall inform the victim of the
offense or his dependents concerning the availability of an
award of compensation and advise such persons that any
information concerning this Act and the filing of a claim may
be obtained from the office of the Attorney General.
(Source: P.A. 81-1013.)
 
    Section 15-35. The Human Trafficking Resource Center
Notice Act is amended by changing Sections 5 and 10 as follows:
 
    (775 ILCS 50/5)
    Sec. 5. Posted notice required.
    (a) Each of the following businesses and other
establishments shall, upon the availability of the model
notice described in Section 15 of this Act, post a notice that
complies with the requirements of this Act in a conspicuous
place near the public entrance of the establishment or in
another conspicuous location in clear view of the public and
employees where similar notices are customarily posted:
        (1) On premise consumption retailer licensees under
    the Liquor Control Act of 1934 where the sale of alcoholic
    liquor is the principal business carried on by the
    licensee at the premises and primary to the sale of food.
        (2) Adult entertainment facilities, as defined in
    Section 5-1097.5 of the Counties Code.
        (3) Primary airports, as defined in Section 47102(16)
    of Title 49 of the United States Code.
        (4) Intercity passenger rail or light rail stations.
        (5) Bus stations.
        (6) Truck stops. For purposes of this Act, "truck
    stop" means a privately-owned and operated facility that
    provides food, fuel, shower or other sanitary facilities,
    and lawful overnight truck parking.
        (7) Emergency rooms within general acute care
    hospitals, in which case the notice may be posted by
    electronic means.
        (8) Urgent care centers, in which case the notice may
    be posted by electronic means.
        (9) Farm labor contractors. For purposes of this Act,
    "farm labor contractor" means: (i) any person who for a
    fee or other valuable consideration recruits, supplies, or
    hires, or transports in connection therewith, into or
    within the State, any farmworker not of the contractor's
    immediate family to work for, or under the direction,
    supervision, or control of, a third person; or (ii) any
    person who for a fee or other valuable consideration
    recruits, supplies, or hires, or transports in connection
    therewith, into or within the State, any farmworker not of
    the contractor's immediate family, and who for a fee or
    other valuable consideration directs, supervises, or
    controls all or any part of the work of the farmworker or
    who disburses wages to the farmworker. However, "farm
    labor contractor" does not include full-time regular
    employees of food processing companies when the employees
    are engaged in recruiting for the companies if those
    employees are not compensated according to the number of
    farmworkers they recruit.
        (10) Privately-operated job recruitment centers.
        (11) Massage establishments. As used in this Act,
    "massage establishment" means a place of business in which
    any method of massage therapy is administered or practiced
    for compensation. "Massage establishment" does not
    include: an establishment at which persons licensed under
    the Medical Practice Act of 1987, the Illinois Physical
    Therapy Act, or the Naprapathic Practice Act engage in
    practice under one of those Acts; a business owned by a
    sole licensed massage therapist; or a cosmetology or
    esthetics salon registered under the Barber, Cosmetology,
    Esthetics, Hair Braiding, and Nail Technology Act of 1985.
    (b) The Department of Transportation shall, upon the
availability of the model notice described in Section 15 of
this Act, post a notice that complies with the requirements of
this Act in a conspicuous place near the public entrance of
each roadside rest area or in another conspicuous location in
clear view of the public and employees where similar notices
are customarily posted.
    (c) The owner of a hotel or motel shall, upon the
availability of the model notice described in Section 15 of
this Act, post a notice that complies with the requirements of
this Act in a conspicuous and accessible place in or about the
premises in clear view of the employees where similar notices
are customarily posted.
    (d) The organizer of a public gathering or special event
that is conducted on property open to the public and requires
the issuance of a permit from the unit of local government
shall post a notice that complies with the requirements of
this Act in a conspicuous and accessible place in or about the
premises in clear view of the public and employees where
similar notices are customarily posted.
    (e) The administrator of a public or private elementary
school or public or private secondary school shall post a
printout of the downloadable notice provided by the Department
of Human Services under Section 15 that complies with the
requirements of this Act in a conspicuous and accessible place
chosen by the administrator in the administrative office or
another location in view of school employees. School districts
and personnel are not subject to the penalties provided under
subsection (a) of Section 20.
    (f) The owner of an establishment registered under the
Tattoo and Body Piercing Establishment Registration Act shall
post a notice that complies with the requirements of this Act
in a conspicuous and accessible place in clear view of
establishment employees.
(Source: P.A. 99-99, eff. 1-1-16; 99-565, eff. 7-1-17;
100-671, eff. 1-1-19.)
 
    (775 ILCS 50/10)
    Sec. 10. Form of posted notice.
    (a) The notice required under this Act shall be at least 8
1/2 inches by 11 inches in size, written in a 16-point font,
except that when the notice is provided by electronic means
the size of the notice and font shall not be required to comply
with these specifications, and shall state the following:
 
"If you or someone you know is being forced to engage in any
activity and cannot leave, whether it is commercial sex,
housework, farm work, construction, factory, retail, or
restaurant work, or any other activity, call the National
Human Trafficking Resource Center at 1-888-373-7888 to access
help and services.
 
Victims of slavery and human trafficking are protected under
United States and Illinois law. The hotline is:
        * Available 24 hours a day, 7 days a week.
        * Toll-free.
        * Operated by nonprofit nongovernmental organizations.
        * Anonymous and confidential.
        * Accessible in more than 160 languages.
        * Able to provide help, referral to services,
    training, and general information.".
 
    (b) The notice shall be printed in English, Spanish, and
in one other language that is the most widely spoken language
in the county where the establishment is located and for which
translation is mandated by the federal Voting Rights Act, as
applicable. This subsection does not require a business or
other establishment in a county where a language other than
English or Spanish is the most widely spoken language to print
the notice in more than one language in addition to English and
Spanish.
(Source: P.A. 99-99, eff. 1-1-16.)
 
Article 20.

 
    Section 20-5. The University of Illinois Hospital Act is
amended by adding Section 8d as follows:
 
    (110 ILCS 330/8d new)
    Sec. 8d. N95 masks. Pursuant to and in accordance with
applicable local, State, and federal policies, guidance and
recommendations of public health and infection control
authorities, and taking into consideration the limitations on
access to N95 masks caused by disruptions in local, State,
national, and international supply chains, the University of
Illinois Hospital shall provide N95 masks to physicians
licensed under the Medical Practice Act of 1987, registered
nurses and advanced practice registered nurses licensed under
the Nurse Licensing Act, and any other employees or
contractual workers who provide direct patient care and who,
pursuant to such policies, guidance, and recommendations, are
recommended to have such a mask to safely provide such direct
patient care within a hospital setting. Nothing in this
Section shall be construed to impose any new duty or
obligation on the University of Illinois Hospital or employee
that is greater than that imposed under State and federal laws
in effect on the effective date of this amendatory Act of the
102nd General Assembly. This Section is repealed on December
31, 2021.
 
    Section 20-10. The Hospital Licensing Act is amended by
adding Section 6.28 as follows:
 
    (210 ILCS 85/6.28 new)
    Sec. 6.28. N95 masks. Pursuant to and in accordance with
applicable local, State, and federal policies, guidance and
recommendations of public health and infection control
authorities, and taking into consideration the limitations on
access to N95 masks caused by disruptions in local, State,
national, and international supply chains, a hospital licensed
under this Act shall provide N95 masks to physicians licensed
under the Medical Practice Act of 1987, registered nurses and
advanced practice registered nurses licensed under the Nurse
Licensing Act, and any other employees or contractual workers
who provide direct patient care and who, pursuant to such
policies, guidance, and recommendations, are recommended to
have such a mask to safely provide such direct patient care
within a hospital setting. Nothing in this Section shall be
construed to impose any new duty or obligation on the hospital
or employee that is greater than that imposed under State and
federal laws in effect on the effective date of this
amendatory Act of the 102nd General Assembly. This Section is
repealed on December 31, 2021.
 
Article 35.

 
    Section 35-5. The Illinois Public Aid Code is amended by
changing Section 5-5.05 as follows:
 
    (305 ILCS 5/5-5.05)
    Sec. 5-5.05. Hospitals; psychiatric services.
    (a) On and after July 1, 2008, the inpatient, per diem rate
to be paid to a hospital for inpatient psychiatric services
shall be $363.77.
    (b) For purposes of this Section, "hospital" means the
following:
        (1) Advocate Christ Hospital, Oak Lawn, Illinois.
        (2) Barnes-Jewish Hospital, St. Louis, Missouri.
        (3) BroMenn Healthcare, Bloomington, Illinois.
        (4) Jackson Park Hospital, Chicago, Illinois.
        (5) Katherine Shaw Bethea Hospital, Dixon, Illinois.
        (6) Lawrence County Memorial Hospital, Lawrenceville,
    Illinois.
        (7) Advocate Lutheran General Hospital, Park Ridge,
    Illinois.
        (8) Mercy Hospital and Medical Center, Chicago,
    Illinois.
        (9) Methodist Medical Center of Illinois, Peoria,
    Illinois.
        (10) Provena United Samaritans Medical Center,
    Danville, Illinois.
        (11) Rockford Memorial Hospital, Rockford, Illinois.
        (12) Sarah Bush Lincoln Health Center, Mattoon,
    Illinois.
        (13) Provena Covenant Medical Center, Urbana,
    Illinois.
        (14) Rush-Presbyterian-St. Luke's Medical Center,
    Chicago, Illinois.
        (15) Mt. Sinai Hospital, Chicago, Illinois.
        (16) Gateway Regional Medical Center, Granite City,
    Illinois.
        (17) St. Mary of Nazareth Hospital, Chicago, Illinois.
        (18) Provena St. Mary's Hospital, Kankakee, Illinois.
        (19) St. Mary's Hospital, Decatur, Illinois.
        (20) Memorial Hospital, Belleville, Illinois.
        (21) Swedish Covenant Hospital, Chicago, Illinois.
        (22) Trinity Medical Center, Rock Island, Illinois.
        (23) St. Elizabeth Hospital, Chicago, Illinois.
        (24) Richland Memorial Hospital, Olney, Illinois.
        (25) St. Elizabeth's Hospital, Belleville, Illinois.
        (26) Samaritan Health System, Clinton, Iowa.
        (27) St. John's Hospital, Springfield, Illinois.
        (28) St. Mary's Hospital, Centralia, Illinois.
        (29) Loretto Hospital, Chicago, Illinois.
        (30) Kenneth Hall Regional Hospital, East St. Louis,
    Illinois.
        (31) Hinsdale Hospital, Hinsdale, Illinois.
        (32) Pekin Hospital, Pekin, Illinois.
        (33) University of Chicago Medical Center, Chicago,
    Illinois.
        (34) St. Anthony's Health Center, Alton, Illinois.
        (35) OSF St. Francis Medical Center, Peoria, Illinois.
        (36) Memorial Medical Center, Springfield, Illinois.
        (37) A hospital with a distinct part unit for
    psychiatric services that begins operating on or after
    July 1, 2008.
    For purposes of this Section, "inpatient psychiatric
services" means those services provided to patients who are in
need of short-term acute inpatient hospitalization for active
treatment of an emotional or mental disorder.
    (b-5) Notwithstanding any other provision of this Section,
and subject to appropriation, the inpatient, per diem rate to
be paid to all safety-net hospitals for inpatient psychiatric
services on and after January 1, 2021 shall be at least $630.
    (c) No rules shall be promulgated to implement this
Section. For purposes of this Section, "rules" is given the
meaning contained in Section 1-70 of the Illinois
Administrative Procedure Act.
    (d) This Section shall not be in effect during any period
of time that the State has in place a fully operational
hospital assessment plan that has been approved by the Centers
for Medicare and Medicaid Services of the U.S. Department of
Health and Human Services.
    (e) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Code to reduce any
rate of reimbursement for services or other payments in
accordance with Section 5-5e.
(Source: P.A. 97-689, eff. 6-14-12.)
 
Title IV. Medical Implicit Bias

 
Article 45.

 
    Section 45-5. The Department of Professional Regulation
Law of the Civil Administrative Code of Illinois is amended by
adding Section 2105-15.7 as follows:
 
    (20 ILCS 2105/2105-15.7 new)
    Sec. 2105-15.7. Implicit bias awareness training.
    (a) As used in this Section, "health care professional"
means a person licensed or registered by the Department of
Financial and Professional Regulation under the following
Acts: Medical Practice Act of 1987, Nurse Practice Act,
Clinical Psychologist Licensing Act, Illinois Dental Practice
Act, Illinois Optometric Practice Act of 1987, Pharmacy
Practice Act, Illinois Physical Therapy Act, Physician
Assistant Practice Act of 1987, Acupuncture Practice Act,
Illinois Athletic Trainers Practice Act, Clinical Social Work
and Social Work Practice Act, Dietitian Nutritionist Practice
Act, Home Medical Equipment and Services Provider License Act,
Naprapathic Practice Act, Nursing Home Administrators
Licensing and Disciplinary Act, Illinois Occupational Therapy
Practice Act, Illinois Optometric Practice Act of 1987,
Podiatric Medical Practice Act of 1987, Respiratory Care
Practice Act, Professional Counselor and Clinical Professional
Counselor Licensing and Practice Act, Sex Offender Evaluation
and Treatment Provider Act, Illinois Speech-Language Pathology
and Audiology Practice Act, Perfusionist Practice Act,
Registered Surgical Assistant and Registered Surgical
Technologist Title Protection Act, and Genetic Counselor
Licensing Act.
    (b) For license or registration renewals occurring on or
after January 1, 2022, a health care professional who has
continuing education requirements must complete at least a
one-hour course in training on implicit bias awareness per
renewal period. A health care professional may count this one
hour for completion of this course toward meeting the minimum
credit hours required for continuing education. Any training
on implicit bias awareness applied to meet any other State
licensure requirement, professional accreditation or
certification requirement, or health care institutional
practice agreement may count toward the one-hour requirement
under this Section.
    (c) The Department may adopt rules for the implementation
of this Section.
 
Title V. Substance Abuse and Mental Health Treatment

 
Article 50.

 
    Section 50-5. The Illinois Controlled Substances Act is
amended by changing Section 414 as follows:
 
    (720 ILCS 570/414)
    Sec. 414. Overdose; limited immunity from prosecution.
    (a) For the purposes of this Section, "overdose" means a
controlled substance-induced physiological event that results
in a life-threatening emergency to the individual who
ingested, inhaled, injected or otherwise bodily absorbed a
controlled, counterfeit, or look-alike substance or a
controlled substance analog.
    (b) A person who, in good faith, seeks or obtains
emergency medical assistance for someone experiencing an
overdose shall not be arrested, charged, or prosecuted for a
violation of Section 401 or 402 of the Illinois Controlled
Substances Act, Section 3.5 of the Drug Paraphernalia Control
Act, Section 55 or 60 of the Methamphetamine Control and
Community Protection Act, Section 9-3.3 of the Criminal Code
of 2012, or paragraph (1) of subsection (g) of Section 12-3.05
of the Criminal Code of 2012 Class 4 felony possession of a
controlled, counterfeit, or look-alike substance or a
controlled substance analog if evidence for the violation
Class 4 felony possession charge was acquired as a result of
the person seeking or obtaining emergency medical assistance
and providing the amount of substance recovered is within the
amount identified in subsection (d) of this Section. The
violations listed in this subsection (b) must not serve as the
sole basis of a violation of parole, mandatory supervised
release, probation, or conditional discharge, or any seizure
of property under any State law authorizing civil forfeiture
so long as the evidence for the violation was acquired as a
result of the person seeking or obtaining emergency medical
assistance in the event of an overdose.
    (c) A person who is experiencing an overdose shall not be
arrested, charged, or prosecuted for a violation of Section
401 or 402 of the Illinois Controlled Substances Act, Section
3.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of
the Criminal Code of 2012, or paragraph (1) of subsection (g)
of Section 12-3.05 of the Criminal Code of 2012 Class 4 felony
possession of a controlled, counterfeit, or look-alike
substance or a controlled substance analog if evidence for the
violation Class 4 felony possession charge was acquired as a
result of the person seeking or obtaining emergency medical
assistance and providing the amount of substance recovered is
within the amount identified in subsection (d) of this
Section. The violations listed in this subsection (c) must not
serve as the sole basis of a violation of parole, mandatory
supervised release, probation, or conditional discharge, or
any seizure of property under any State law authorizing civil
forfeiture so long as the evidence for the violation was
acquired as a result of the person seeking or obtaining
emergency medical assistance in the event of an overdose.
    (d) For the purposes of subsections (b) and (c), the
limited immunity shall only apply to a person possessing the
following amount:
        (1) less than 3 grams of a substance containing
    heroin;
        (2) less than 3 grams of a substance containing
    cocaine;
        (3) less than 3 grams of a substance containing
    morphine;
        (4) less than 40 grams of a substance containing
    peyote;
        (5) less than 40 grams of a substance containing a
    derivative of barbituric acid or any of the salts of a
    derivative of barbituric acid;
        (6) less than 40 grams of a substance containing
    amphetamine or any salt of an optical isomer of
    amphetamine;
        (7) less than 3 grams of a substance containing
    lysergic acid diethylamide (LSD), or an analog thereof;
        (8) less than 6 grams of a substance containing
    pentazocine or any of the salts, isomers and salts of
    isomers of pentazocine, or an analog thereof;
        (9) less than 6 grams of a substance containing
    methaqualone or any of the salts, isomers and salts of
    isomers of methaqualone;
        (10) less than 6 grams of a substance containing
    phencyclidine or any of the salts, isomers and salts of
    isomers of phencyclidine (PCP);
        (11) less than 6 grams of a substance containing
    ketamine or any of the salts, isomers and salts of isomers
    of ketamine;
        (12) less than 40 grams of a substance containing a
    substance classified as a narcotic drug in Schedules I or
    II, or an analog thereof, which is not otherwise included
    in this subsection.
    (e) The limited immunity described in subsections (b) and
(c) of this Section shall not be extended if law enforcement
has reasonable suspicion or probable cause to detain, arrest,
or search the person described in subsection (b) or (c) of this
Section for criminal activity and the reasonable suspicion or
probable cause is based on information obtained prior to or
independent of the individual described in subsection (b) or
(c) taking action to seek or obtain emergency medical
assistance and not obtained as a direct result of the action of
seeking or obtaining emergency medical assistance. Nothing in
this Section is intended to interfere with or prevent the
investigation, arrest, or prosecution of any person for the
delivery or distribution of cannabis, methamphetamine or other
controlled substances, drug-induced homicide, or any other
crime if the evidence of the violation is not acquired as a
result of the person seeking or obtaining emergency medical
assistance in the event of an overdose.
(Source: P.A. 97-678, eff. 6-1-12.)
 
    Section 50-10. The Methamphetamine Control and Community
Protection Act is amended by changing Section 115 as follows:
 
    (720 ILCS 646/115)
    Sec. 115. Overdose; limited immunity from prosecution.
    (a) For the purposes of this Section, "overdose" means a
methamphetamine-induced physiological event that results in a
life-threatening emergency to the individual who ingested,
inhaled, injected, or otherwise bodily absorbed
methamphetamine.
    (b) A person who, in good faith, seeks emergency medical
assistance for someone experiencing an overdose shall not be
arrested, charged or prosecuted for a violation of Section 55
or 60 of this Act or Section 3.5 of the Drug Paraphernalia
Control Act, Section 9-3.3 of the Criminal Code of 2012, or
paragraph (1) of subsection (g) of Section 12-3.05 of the
Criminal Code of 2012 Class 3 felony possession of
methamphetamine if evidence for the violation Class 3 felony
possession charge was acquired as a result of the person
seeking or obtaining emergency medical assistance and
providing the amount of substance recovered is less than 3
grams one gram of methamphetamine or a substance containing
methamphetamine. The violations listed in this subsection (b)
must not serve as the sole basis of a violation of parole,
mandatory supervised release, probation, or conditional
discharge, or any seizure of property under any State law
authorizing civil forfeiture so long as the evidence for the
violation was acquired as a result of the person seeking or
obtaining emergency medical assistance in the event of an
overdose.
    (c) A person who is experiencing an overdose shall not be
arrested, charged, or prosecuted for a violation of Section 55
or 60 of this Act or Section 3.5 of the Drug Paraphernalia
Control Act, Section 9-3.3 of the Criminal Code of 2012, or
paragraph (1) of subsection (g) of Section 12-3.05 of the
Criminal Code of 2012 Class 3 felony possession of
methamphetamine if evidence for the Class 3 felony possession
charge was acquired as a result of the person seeking or
obtaining emergency medical assistance and providing the
amount of substance recovered is less than one gram of
methamphetamine or a substance containing methamphetamine. The
violations listed in this subsection (c) must not serve as the
sole basis of a violation of parole, mandatory supervised
release, probation, or conditional discharge, or any seizure
of property under any State law authorizing civil forfeiture
so long as the evidence for the violation was acquired as a
result of the person seeking or obtaining emergency medical
assistance in the event of an overdose.
    (d) The limited immunity described in subsections (b) and
(c) of this Section shall not be extended if law enforcement
has reasonable suspicion or probable cause to detain, arrest,
or search the person described in subsection (b) or (c) of this
Section for criminal activity and the reasonable suspicion or
probable cause is based on information obtained prior to or
independent of the individual described in subsection (b) or
(c) taking action to seek or obtain emergency medical
assistance and not obtained as a direct result of the action of
seeking or obtaining emergency medical assistance. Nothing in
this Section is intended to interfere with or prevent the
investigation, arrest, or prosecution of any person for the
delivery or distribution of cannabis, methamphetamine or other
controlled substances, drug-induced homicide, or any other
crime if the evidence of the violation is not acquired as a
result of the person seeking or obtaining emergency medical
assistance in the event of an overdose.
(Source: P.A. 97-678, eff. 6-1-12.)
 
Article 60.

 
    Section 60-5. The Adult Protective Services Act is amended
by adding Section 3.1 as follows:
 
    (320 ILCS 20/3.1 new)
    Sec. 3.1. Adult protective services dementia training.
    (a) This Section shall apply to any person who is employed
by the Department in the Adult Protective Services division,
or is contracted with the Department, and works on the
development or implementation of social services to respond to
and prevent adult abuse, neglect, or exploitation.
    (b) The Department shall implement a dementia training
program that must include instruction on the identification of
people with dementia, risks such as wandering, communication
impairments, and elder abuse, and the best practices for
interacting with people with dementia.
    (c) Training of at least 2 hours shall be completed at the
start of employment with the Adult Protective Services
division. Persons who are employees of the Adult Protective
Services division on the effective date of this amendatory Act
of the 102nd General Assembly shall complete this training
within 6 months after the effective date of this amendatory
Act of the 102nd General Assembly. The training shall cover
the following subjects:
        (1) Alzheimer's disease and dementia.
        (2) Safety risks.
        (3) Communication and behavior.
    (d) Annual continuing education shall include at least 2
hours of dementia training covering the subjects described in
subsection (c).
    (e) This Section is designed to address gaps in current
dementia training requirements for Adult Protective Services
officials and improve the quality of training. If laws or
rules existing on the effective date of this amendatory Act of
the 102nd General Assembly contain more rigorous training
requirements for Adult Protective Service officials, those
laws or rules shall apply. Where there is overlap between this
Section and other laws and rules, the Department shall
interpret this Section to avoid duplication of requirements
while ensuring that the minimum requirements set in this
Section are met.
    (f) The Department may adopt rules for the administration
of this Section.
 
Article 65.

 
    Section 65-1. Short title. This Article may be cited as
the Behavioral Health Workforce Education Center of Illinois
Act. References in this Article to "this Act" mean this
Article.
 
    Section 65-5. Findings. The General Assembly finds as
follows:
        (1) There are insufficient behavioral health
    professionals in this State's behavioral health workforce
    and further that there are insufficient behavioral health
    professionals trained in evidence-based practices.
        (2) The Illinois behavioral health workforce situation
    is at a crisis state and the lack of a behavioral health
    strategy is exacerbating the problem.
        (3) In 2019, the Journal of Community Health found
    that suicide rates are disproportionately higher among
    African American adolescents. From 2001 to 2017, the rate
    for African American teen boys rose 60%, according to the
    study. Among African American teen girls, rates nearly
    tripled, rising by an astounding 182%. Illinois was among
    the 10 states with the greatest number of African American
    adolescent suicides (2015-2017).
        (4) Workforce shortages are evident in all behavioral
    health professions, including, but not limited to,
    psychiatry, psychiatric nursing, psychiatric physician
    assistant, social work (licensed social work, licensed
    clinical social work), counseling (licensed professional
    counseling, licensed clinical professional counseling),
    marriage and family therapy, licensed clinical psychology,
    occupational therapy, prevention, substance use disorder
    counseling, and peer support.
        (5) The shortage of behavioral health practitioners
    affects every Illinois county, every group of people with
    behavioral health needs, including children and
    adolescents, justice-involved populations, working
    adults, people experiencing homelessness, veterans, and
    older adults, and every health care and social service
    setting, from residential facilities and hospitals to
    community-based organizations and primary care clinics.
        (6) Estimates of unmet needs consistently highlight
    the dire situation in Illinois. Mental Health America
    ranks Illinois 29th in the country in mental health
    workforce availability based on its 480-to-1 ratio of
    population to mental health professionals, and the Kaiser
    Family Foundation estimates that only 23.3% of
    Illinoisans' mental health needs can be met with its
    current workforce.
        (7) Shortages are especially acute in rural areas and
    among low-income and under-insured individuals and
    families. 30.3% of Illinois' rural hospitals are in
    designated primary care shortage areas and 93.7% are in
    designated mental health shortage areas. Nationally, 40%
    of psychiatrists work in cash-only practices, limiting
    access for those who cannot afford high out-of-pocket
    costs, especially Medicaid eligible individuals and
    families.
        (8) Spanish-speaking therapists in suburban Cook
    County, as well as in immigrant new growth communities
    throughout the State, for example, and master's-prepared
    social workers in rural communities are especially
    difficult to recruit and retain.
        (9) Illinois' shortage of psychiatrists specializing
    in serving children and adolescents is also severe.
    Eighty-one out of 102 Illinois counties have no child and
    adolescent psychiatrists, and the remaining 21 counties
    have only 310 child and adolescent psychiatrists for a
    population of 2,450,000 children.
        (10) Only 38.9% of the 121,000 Illinois youth aged 12
    through 17 who experienced a major depressive episode
    received care.
        (11) An annual average of 799,000 people in Illinois
    aged 12 and older need but do not receive substance use
    disorder treatment at specialty facilities.
        (12) According to the Statewide Semiannual Opioid
    Report, Illinois Department of Public Health, September
    2020, the number of opioid deaths in Illinois has
    increased 3% from 2,167 deaths in 2018 to 2,233 deaths in
    2019.
        (13) Behavioral health workforce shortages have led to
    well-documented problems of long wait times for
    appointments with psychiatrists (4 to 6 months in some
    cases), high turnover, and unfilled vacancies for social
    workers and other behavioral health professionals that
    have eroded the gains in insurance coverage for mental
    illness and substance use disorder under the federal
    Affordable Care Act and parity laws.
        (14) As a result, individuals with mental illness or
    substance use disorders end up in hospital emergency
    rooms, which are the most expensive level of care, or are
    incarcerated and do not receive adequate care, if any.
        (15) There are many organizations and institutions
    that are affected by behavioral health workforce
    shortages, but no one entity is responsible for monitoring
    the workforce supply and intervening to ensure it can
    effectively meet behavioral health needs throughout the
    State.
        (16) Workforce shortages are more complex than simple
    numerical shortfalls. Identifying the optimal number,
    type, and location of behavioral health professionals to
    meet the differing needs of Illinois' diverse regions and
    populations across the lifespan is a difficult logistical
    problem at the system and practice level that requires
    coordinated efforts in research, education, service
    delivery, and policy.
        (17) This State has a compelling and substantial
    interest in building a pipeline for behavioral health
    professionals and to anchor research and education for
    behavioral health workforce development. Beginning with
    the proposed Behavioral Health Workforce Education Center
    of Illinois, Illinois has the chance to develop a
    blueprint to be a national leader in behavioral health
    workforce development.
        (18) The State must act now to improve the ability of
    its residents to achieve their human potential and to live
    healthy, productive lives by reducing the misery and
    suffering with unmet behavioral health needs.
 
    Section 65-10. Behavioral Health Workforce Education
Center of Illinois.
    (a) The Behavioral Health Workforce Education Center of
Illinois is created and shall be administered by a teaching,
research, or both teaching and research public institution of
higher education in this State. Subject to appropriation, the
Center shall be operational on or before July 1, 2022.
    (b) The Behavioral Health Workforce Education Center of
Illinois shall leverage workforce and behavioral health
resources, including, but not limited to, State, federal, and
foundation grant funding, federal Workforce Investment Act of
1998 programs, the National Health Service Corps and other
nongraduate medical education physician workforce training
programs, and existing behavioral health partnerships, and
align with reforms in Illinois.
 
    Section 65-15. Structure.
    (a) The Behavioral Health Workforce Education Center of
Illinois shall be structured as a multisite model, and the
administering public institution of higher education shall
serve as the hub institution, complemented by secondary
regional hubs, namely academic institutions, that serve rural
and small urban areas and at least one academic institution
serving a densely urban municipality with more than 1,000,000
inhabitants.
    (b) The Behavioral Health Workforce Education Center of
Illinois shall be located within one academic institution and
shall be tasked with a convening and coordinating role for
workforce research and planning, including monitoring progress
toward Center goals.
    (c) The Behavioral Health Workforce Education Center of
Illinois shall also coordinate with key State agencies
involved in behavioral health, workforce development, and
higher education in order to leverage disparate resources from
health care, workforce, and economic development programs in
Illinois government.
 
    Section 65-20. Duties. The Behavioral Health Workforce
Education Center of Illinois shall perform the following
duties:
        (1) Organize a consortium of universities in
    partnerships with providers, school districts, law
    enforcement, consumers and their families, State agencies,
    and other stakeholders to implement workforce development
    concepts and strategies in every region of this State.
        (2) Be responsible for developing and implementing a
    strategic plan for the recruitment, education, and
    retention of a qualified, diverse, and evolving behavioral
    health workforce in this State. Its planning and
    activities shall include:
            (A) convening and organizing vested stakeholders
        spanning government agencies, clinics, behavioral
        health facilities, prevention programs, hospitals,
        schools, jails, prisons and juvenile justice, police
        and emergency medical services, consumers and their
        families, and other stakeholders;
            (B) collecting and analyzing data on the
        behavioral health workforce in Illinois, with detailed
        information on specialties, credentials, additional
        qualifications (such as training or experience in
        particular models of care), location of practice, and
        demographic characteristics, including age, gender,
        race and ethnicity, and languages spoken;
            (C) building partnerships with school districts,
        public institutions of higher education, and workforce
        investment agencies to create pipelines to behavioral
        health careers from high schools and colleges,
        pathways to behavioral health specialization among
        health professional students, and expanded behavioral
        health residency and internship opportunities for
        graduates;
            (D) evaluating and disseminating information about
        evidence-based practices emerging from research
        regarding promising modalities of treatment, care
        coordination models, and medications;
            (E) developing systems for tracking the
        utilization of evidence-based practices that most
        effectively meet behavioral health needs; and
            (F) providing technical assistance to support
        professional training and continuing education
        programs that provide effective training in
        evidence-based behavioral health practices.
        (3) Coordinate data collection and analysis, including
    systematic tracking of the behavioral health workforce and
    datasets that support workforce planning for an
    accessible, high-quality behavioral health system. In the
    medium to long-term, the Center shall develop Illinois
    behavioral workforce data capacity by:
            (A) filling gaps in workforce data by collecting
        information on specialty, training, and qualifications
        for specific models of care, demographic
        characteristics, including gender, race, ethnicity,
        and languages spoken, and participation in public and
        private insurance networks;
            (B) identifying the highest priority geographies,
        populations, and occupations for recruitment and
        training;
            (C) monitoring the incidence of behavioral health
        conditions to improve estimates of unmet need; and
            (D) compiling up-to-date, evidence-based
        practices, monitoring utilization, and aligning
        training resources to improve the uptake of the most
        effective practices.
        (4) Work to grow and advance peer and parent-peer
    workforce development by:
            (A) assessing the credentialing and reimbursement
        processes and recommending reforms;
            (B) evaluating available peer-parent training
        models, choosing a model that meets Illinois' needs,
        and working with partners to implement it universally
        in child-serving programs throughout this State; and
            (C) including peer recovery specialists and
        parent-peer support professionals in interdisciplinary
        training programs.
        (5) Focus on the training of behavioral health
    professionals in telehealth techniques, including taking
    advantage of a telehealth network that exists, and other
    innovative means of care delivery in order to increase
    access to behavioral health services for all persons
    within this State.
        (6) No later than December 1 of every odd-numbered
    year, prepare a report of its activities under this Act.
    The report shall be filed electronically with the General
    Assembly, as provided under Section 3.1 of the General
    Assembly Organization Act, and shall be provided
    electronically to any member of the General Assembly upon
    request.
 
    Section 65-25. Selection process.
    (a) No later than 90 days after the effective date of this
Act, the Board of Higher Education shall select a public
institution of higher education, with input and assistance
from the Division of Mental Health of the Department of Human
Services, to administer the Behavioral Health Workforce
Education Center of Illinois.
    (b) The selection process shall articulate the principles
of the Behavioral Health Workforce Education Center of
Illinois, not inconsistent with this Act.
    (c) The Board of Higher Education, with input and
assistance from the Division of Mental Health of the
Department of Human Services, shall make its selection of a
public institution of higher education based on its ability
and willingness to execute the following tasks:
        (1) Convening academic institutions providing
    behavioral health education to:
            (A) develop curricula to train future behavioral
        health professionals in evidence-based practices that
        meet the most urgent needs of Illinois' residents;
            (B) build capacity to provide clinical training
        and supervision; and
            (C) facilitate telehealth services to every region
        of the State.
        (2) Functioning as a clearinghouse for research,
    education, and training efforts to identify and
    disseminate evidence-based practices across the State.
        (3) Leveraging financial support from grants and
    social impact loan funds.
        (4) Providing infrastructure to organize regional
    behavioral health education and outreach. As budgets
    allow, this shall include conference and training space,
    research and faculty staff time, telehealth, and distance
    learning equipment.
        (5) Working with regional hubs that assess and serve
    the workforce needs of specific, well-defined regions and
    specialize in specific research and training areas, such
    as telehealth or mental health-criminal justice
    partnerships, for which the regional hub can serve as a
    statewide leader.
    (d) The Board of Higher Education may adopt such rules as
may be necessary to implement and administer this Section.
 
Title VI. Access to Health Care

 
Article 70.

 
    Section 70-5. The Use Tax Act is amended by changing
Section 3-10 as follows:
 
    (35 ILCS 105/3-10)
    Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
either the selling price or the fair market value, if any, of
the tangible personal property. In all cases where property
functionally used or consumed is the same as the property that
was purchased at retail, then the tax is imposed on the selling
price of the property. In all cases where property
functionally used or consumed is a by-product or waste product
that has been refined, manufactured, or produced from property
purchased at retail, then the tax is imposed on the lower of
the fair market value, if any, of the specific property so used
in this State or on the selling price of the property purchased
at retail. For purposes of this Section "fair market value"
means the price at which property would change hands between a
willing buyer and a willing seller, neither being under any
compulsion to buy or sell and both having reasonable knowledge
of the relevant facts. The fair market value shall be
established by Illinois sales by the taxpayer of the same
property as that functionally used or consumed, or if there
are no such sales by the taxpayer, then comparable sales or
purchases of property of like kind and character in Illinois.
    Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
    Beginning on August 6, 2010 through August 15, 2010, with
respect to sales tax holiday items as defined in Section 3-6 of
this Act, the tax is imposed at the rate of 1.25%.
    With respect to gasohol, the tax imposed by this Act
applies to (i) 70% of the proceeds of sales made on or after
January 1, 1990, and before July 1, 2003, (ii) 80% of the
proceeds of sales made on or after July 1, 2003 and on or
before July 1, 2017, and (iii) 100% of the proceeds of sales
made thereafter. If, at any time, however, the tax under this
Act on sales of gasohol is imposed at the rate of 1.25%, then
the tax imposed by this Act applies to 100% of the proceeds of
sales of gasohol made during that time.
    With respect to majority blended ethanol fuel, the tax
imposed by this Act does not apply to the proceeds of sales
made on or after July 1, 2003 and on or before December 31,
2023 but applies to 100% of the proceeds of sales made
thereafter.
    With respect to biodiesel blends with no less than 1% and
no more than 10% biodiesel, the tax imposed by this Act applies
to (i) 80% of the proceeds of sales made on or after July 1,
2003 and on or before December 31, 2018 and (ii) 100% of the
proceeds of sales made thereafter. If, at any time, however,
the tax under this Act on sales of biodiesel blends with no
less than 1% and no more than 10% biodiesel is imposed at the
rate of 1.25%, then the tax imposed by this Act applies to 100%
of the proceeds of sales of biodiesel blends with no less than
1% and no more than 10% biodiesel made during that time.
    With respect to 100% biodiesel and biodiesel blends with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of sales made on or
after July 1, 2003 and on or before December 31, 2023 but
applies to 100% of the proceeds of sales made thereafter.
    With respect to food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, food consisting of or infused with adult
use cannabis, soft drinks, and food that has been prepared for
immediate consumption) and prescription and nonprescription
medicines, drugs, medical appliances, products classified as
Class III medical devices by the United States Food and Drug
Administration that are used for cancer treatment pursuant to
a prescription, as well as any accessories and components
related to those devices, modifications to a motor vehicle for
the purpose of rendering it usable by a person with a
disability, and insulin, blood sugar urine testing materials,
syringes, and needles used by human diabetics, for human use,
the tax is imposed at the rate of 1%. For the purposes of this
Section, until September 1, 2009: the term "soft drinks" means
any complete, finished, ready-to-use, non-alcoholic drink,
whether carbonated or not, including but not limited to soda
water, cola, fruit juice, vegetable juice, carbonated water,
and all other preparations commonly known as soft drinks of
whatever kind or description that are contained in any closed
or sealed bottle, can, carton, or container, regardless of
size; but "soft drinks" does not include coffee, tea,
non-carbonated water, infant formula, milk or milk products as
defined in the Grade A Pasteurized Milk and Milk Products Act,
or drinks containing 50% or more natural fruit or vegetable
juice.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
    Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or
other ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
label includes:
        (A) A "Drug Facts" panel; or
        (B) A statement of the "active ingredient(s)" with a
    list of those ingredients contained in the compound,
    substance or preparation.
    Beginning on the effective date of this amendatory Act of
the 98th General Assembly, "prescription and nonprescription
medicines and drugs" includes medical cannabis purchased from
a registered dispensing organization under the Compassionate
Use of Medical Cannabis Program Act.
    As used in this Section, "adult use cannabis" means
cannabis subject to tax under the Cannabis Cultivation
Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
and does not include cannabis subject to tax under the
Compassionate Use of Medical Cannabis Program Act.
    If the property that is purchased at retail from a
retailer is acquired outside Illinois and used outside
Illinois before being brought to Illinois for use here and is
taxable under this Act, the "selling price" on which the tax is
computed shall be reduced by an amount that represents a
reasonable allowance for depreciation for the period of prior
out-of-state use.
(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
101-593, eff. 12-4-19.)
 
    Section 70-10. The Service Use Tax Act is amended by
changing Section 3-10 as follows:
 
    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
    Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the selling price of tangible personal property transferred as
an incident to the sale of service, but, for the purpose of
computing this tax, in no event shall the selling price be less
than the cost price of the property to the serviceman.
    Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
    With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the selling price
of property transferred as an incident to the sale of service
on or after January 1, 1990, and before July 1, 2003, (ii) 80%
of the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
July 1, 2017, and (iii) 100% of the selling price thereafter.
If, at any time, however, the tax under this Act on sales of
gasohol, as defined in the Use Tax Act, is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of gasohol made during that time.
    With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2023 but applies to 100% of the selling price
thereafter.
    With respect to biodiesel blends, as defined in the Use
Tax Act, with no less than 1% and no more than 10% biodiesel,
the tax imposed by this Act applies to (i) 80% of the selling
price of property transferred as an incident to the sale of
service on or after July 1, 2003 and on or before December 31,
2018 and (ii) 100% of the proceeds of the selling price
thereafter. If, at any time, however, the tax under this Act on
sales of biodiesel blends, as defined in the Use Tax Act, with
no less than 1% and no more than 10% biodiesel is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of biodiesel blends with no less
than 1% and no more than 10% biodiesel made during that time.
    With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2023 but
applies to 100% of the selling price thereafter.
    At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the
aggregate annual total gross receipts from all sales of
service, the tax imposed by this Act shall be based on the
serviceman's cost price of the tangible personal property
transferred as an incident to the sale of those services.
    The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale
of service subject to this Act or the Service Occupation Tax
Act by an entity licensed under the Hospital Licensing Act,
the Nursing Home Care Act, the ID/DD Community Care Act, the
MC/DD Act, the Specialized Mental Health Rehabilitation Act of
2013, or the Child Care Act of 1969. The tax shall also be
imposed at the rate of 1% on food for human consumption that is
to be consumed off the premises where it is sold (other than
alcoholic beverages, food consisting of or infused with adult
use cannabis, soft drinks, and food that has been prepared for
immediate consumption and is not otherwise included in this
paragraph) and prescription and nonprescription medicines,
drugs, medical appliances, products classified as Class III
medical devices by the United States Food and Drug
Administration that are used for cancer treatment pursuant to
a prescription, as well as any accessories and components
related to those devices, modifications to a motor vehicle for
the purpose of rendering it usable by a person with a
disability, and insulin, blood sugar urine testing materials,
syringes, and needles used by human diabetics, for human use.
For the purposes of this Section, until September 1, 2009: the
term "soft drinks" means any complete, finished, ready-to-use,
non-alcoholic drink, whether carbonated or not, including but
not limited to soda water, cola, fruit juice, vegetable juice,
carbonated water, and all other preparations commonly known as
soft drinks of whatever kind or description that are contained
in any closed or sealed bottle, can, carton, or container,
regardless of size; but "soft drinks" does not include coffee,
tea, non-carbonated water, infant formula, milk or milk
products as defined in the Grade A Pasteurized Milk and Milk
Products Act, or drinks containing 50% or more natural fruit
or vegetable juice.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
    Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or
other ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
label includes:
        (A) A "Drug Facts" panel; or
        (B) A statement of the "active ingredient(s)" with a
    list of those ingredients contained in the compound,
    substance or preparation.
    Beginning on January 1, 2014 (the effective date of Public
Act 98-122), "prescription and nonprescription medicines and
drugs" includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Program Act.
    As used in this Section, "adult use cannabis" means
cannabis subject to tax under the Cannabis Cultivation
Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
and does not include cannabis subject to tax under the
Compassionate Use of Medical Cannabis Program Act.
    If the property that is acquired from a serviceman is
acquired outside Illinois and used outside Illinois before
being brought to Illinois for use here and is taxable under
this Act, the "selling price" on which the tax is computed
shall be reduced by an amount that represents a reasonable
allowance for depreciation for the period of prior
out-of-state use.
(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
101-593, eff. 12-4-19.)
 
    Section 70-15. The Service Occupation Tax Act is amended
by changing Section 3-10 as follows:
 
    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
    Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the "selling price", as defined in Section 2 of the Service Use
Tax Act, of the tangible personal property. For the purpose of
computing this tax, in no event shall the "selling price" be
less than the cost price to the serviceman of the tangible
personal property transferred. The selling price of each item
of tangible personal property transferred as an incident of a
sale of service may be shown as a distinct and separate item on
the serviceman's billing to the service customer. If the
selling price is not so shown, the selling price of the
tangible personal property is deemed to be 50% of the
serviceman's entire billing to the service customer. When,
however, a serviceman contracts to design, develop, and
produce special order machinery or equipment, the tax imposed
by this Act shall be based on the serviceman's cost price of
the tangible personal property transferred incident to the
completion of the contract.
    Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
    With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act shall apply to (i) 70% of the cost
price of property transferred as an incident to the sale of
service on or after January 1, 1990, and before July 1, 2003,
(ii) 80% of the selling price of property transferred as an
incident to the sale of service on or after July 1, 2003 and on
or before July 1, 2017, and (iii) 100% of the cost price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
    With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2023 but applies to 100% of the selling price
thereafter.
    With respect to biodiesel blends, as defined in the Use
Tax Act, with no less than 1% and no more than 10% biodiesel,
the tax imposed by this Act applies to (i) 80% of the selling
price of property transferred as an incident to the sale of
service on or after July 1, 2003 and on or before December 31,
2018 and (ii) 100% of the proceeds of the selling price
thereafter. If, at any time, however, the tax under this Act on
sales of biodiesel blends, as defined in the Use Tax Act, with
no less than 1% and no more than 10% biodiesel is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of biodiesel blends with no less
than 1% and no more than 10% biodiesel made during that time.
    With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel material, the tax
imposed by this Act does not apply to the proceeds of the
selling price of property transferred as an incident to the
sale of service on or after July 1, 2003 and on or before
December 31, 2023 but applies to 100% of the selling price
thereafter.
    At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the
aggregate annual total gross receipts from all sales of
service, the tax imposed by this Act shall be based on the
serviceman's cost price of the tangible personal property
transferred incident to the sale of those services.
    The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale
of service subject to this Act or the Service Occupation Tax
Act by an entity licensed under the Hospital Licensing Act,
the Nursing Home Care Act, the ID/DD Community Care Act, the
MC/DD Act, the Specialized Mental Health Rehabilitation Act of
2013, or the Child Care Act of 1969. The tax shall also be
imposed at the rate of 1% on food for human consumption that is
to be consumed off the premises where it is sold (other than
alcoholic beverages, food consisting of or infused with adult
use cannabis, soft drinks, and food that has been prepared for
immediate consumption and is not otherwise included in this
paragraph) and prescription and nonprescription medicines,
drugs, medical appliances, products classified as Class III
medical devices by the United States Food and Drug
Administration that are used for cancer treatment pursuant to
a prescription, as well as any accessories and components
related to those devices, modifications to a motor vehicle for
the purpose of rendering it usable by a person with a
disability, and insulin, blood sugar urine testing materials,
syringes, and needles used by human diabetics, for human use.
For the purposes of this Section, until September 1, 2009: the
term "soft drinks" means any complete, finished, ready-to-use,
non-alcoholic drink, whether carbonated or not, including but
not limited to soda water, cola, fruit juice, vegetable juice,
carbonated water, and all other preparations commonly known as
soft drinks of whatever kind or description that are contained
in any closed or sealed can, carton, or container, regardless
of size; but "soft drinks" does not include coffee, tea,
non-carbonated water, infant formula, milk or milk products as
defined in the Grade A Pasteurized Milk and Milk Products Act,
or drinks containing 50% or more natural fruit or vegetable
juice.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
    Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or
other ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
label includes:
        (A) A "Drug Facts" panel; or
        (B) A statement of the "active ingredient(s)" with a
    list of those ingredients contained in the compound,
    substance or preparation.
    Beginning on January 1, 2014 (the effective date of Public
Act 98-122), "prescription and nonprescription medicines and
drugs" includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Program Act.
    As used in this Section, "adult use cannabis" means
cannabis subject to tax under the Cannabis Cultivation
Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
and does not include cannabis subject to tax under the
Compassionate Use of Medical Cannabis Program Act.
(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
101-593, eff. 12-4-19.)
 
    Section 70-20. The Retailers' Occupation Tax Act is
amended by changing Section 2-10 as follows:
 
    (35 ILCS 120/2-10)
    Sec. 2-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
gross receipts from sales of tangible personal property made
in the course of business.
    Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
    Beginning on August 6, 2010 through August 15, 2010, with
respect to sales tax holiday items as defined in Section 2-8 of
this Act, the tax is imposed at the rate of 1.25%.
    Within 14 days after the effective date of this amendatory
Act of the 91st General Assembly, each retailer of motor fuel
and gasohol shall cause the following notice to be posted in a
prominently visible place on each retail dispensing device
that is used to dispense motor fuel or gasohol in the State of
Illinois: "As of July 1, 2000, the State of Illinois has
eliminated the State's share of sales tax on motor fuel and
gasohol through December 31, 2000. The price on this pump
should reflect the elimination of the tax." The notice shall
be printed in bold print on a sign that is no smaller than 4
inches by 8 inches. The sign shall be clearly visible to
customers. Any retailer who fails to post or maintain a
required sign through December 31, 2000 is guilty of a petty
offense for which the fine shall be $500 per day per each
retail premises where a violation occurs.
    With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the proceeds of
sales made on or after January 1, 1990, and before July 1,
2003, (ii) 80% of the proceeds of sales made on or after July
1, 2003 and on or before July 1, 2017, and (iii) 100% of the
proceeds of sales made thereafter. If, at any time, however,
the tax under this Act on sales of gasohol, as defined in the
Use Tax Act, is imposed at the rate of 1.25%, then the tax
imposed by this Act applies to 100% of the proceeds of sales of
gasohol made during that time.
    With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the proceeds of sales made on or after July 1, 2003 and on
or before December 31, 2023 but applies to 100% of the proceeds
of sales made thereafter.
    With respect to biodiesel blends, as defined in the Use
Tax Act, with no less than 1% and no more than 10% biodiesel,
the tax imposed by this Act applies to (i) 80% of the proceeds
of sales made on or after July 1, 2003 and on or before
December 31, 2018 and (ii) 100% of the proceeds of sales made
thereafter. If, at any time, however, the tax under this Act on
sales of biodiesel blends, as defined in the Use Tax Act, with
no less than 1% and no more than 10% biodiesel is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of biodiesel blends with no less
than 1% and no more than 10% biodiesel made during that time.
    With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of sales made on or
after July 1, 2003 and on or before December 31, 2023 but
applies to 100% of the proceeds of sales made thereafter.
    With respect to food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, food consisting of or infused with adult
use cannabis, soft drinks, and food that has been prepared for
immediate consumption) and prescription and nonprescription
medicines, drugs, medical appliances, products classified as
Class III medical devices by the United States Food and Drug
Administration that are used for cancer treatment pursuant to
a prescription, as well as any accessories and components
related to those devices, modifications to a motor vehicle for
the purpose of rendering it usable by a person with a
disability, and insulin, blood sugar urine testing materials,
syringes, and needles used by human diabetics, for human use,
the tax is imposed at the rate of 1%. For the purposes of this
Section, until September 1, 2009: the term "soft drinks" means
any complete, finished, ready-to-use, non-alcoholic drink,
whether carbonated or not, including but not limited to soda
water, cola, fruit juice, vegetable juice, carbonated water,
and all other preparations commonly known as soft drinks of
whatever kind or description that are contained in any closed
or sealed bottle, can, carton, or container, regardless of
size; but "soft drinks" does not include coffee, tea,
non-carbonated water, infant formula, milk or milk products as
defined in the Grade A Pasteurized Milk and Milk Products Act,
or drinks containing 50% or more natural fruit or vegetable
juice.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
    Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or
other ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
label includes:
        (A) A "Drug Facts" panel; or
        (B) A statement of the "active ingredient(s)" with a
    list of those ingredients contained in the compound,
    substance or preparation.
    Beginning on the effective date of this amendatory Act of
the 98th General Assembly, "prescription and nonprescription
medicines and drugs" includes medical cannabis purchased from
a registered dispensing organization under the Compassionate
Use of Medical Cannabis Program Act.
    As used in this Section, "adult use cannabis" means
cannabis subject to tax under the Cannabis Cultivation
Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
and does not include cannabis subject to tax under the
Compassionate Use of Medical Cannabis Program Act.
(Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;
101-593, eff. 12-4-19.)
 
Article 72.

 
    Section 72-1. Short title. This Article may be cited as
the Underlying Causes of Crime and Violence Study Act.
 
    Section 72-5. Legislative findings. In the State of
Illinois, two-thirds of gun violence is related to suicide,
and one-third is related to homicide, claiming approximately
12,000 lives a year. Violence has plagued communities,
predominantly poor and distressed communities in urban
settings, which have always treated violence as a criminal
justice issue, instead of a public health issue. On February
21, 2018, Pastor Anthony Williams was informed that his son,
Nehemiah William, had been shot to death. Due to this
disheartening event, Pastor Anthony Williams reached out to
State Representative Elizabeth "Lisa" Hernandez, urging that
the issue of violence be treated as a public health crisis. In
2018, elected officials from all levels of government started
a coalition to address violence as a public health crisis,
with the assistance of faith-based organizations, advocates,
and community members and held a statewide listening tour from
August 2018 to April 2019. The listening tour consisted of
stops on the South Side and West Side of Chicago, Maywood,
Springfield, and East St. Louis, with a future scheduled visit
in Danville. During the statewide listening sessions,
community members actively discussed neighborhood safety,
defining violence and how and why violence occurs in their
communities. The listening sessions provided different
solutions to address violence, however, all sessions confirmed
a disconnect from the priorities of government and the needs
of these communities.
 
    Section 72-10. Study. The Department of Public Health and
the Department of Human Services shall study how to create a
process to identify high violence communities, also known as
R3 (Restore, Reinvest, and Renew) areas, and prioritize State
dollars to go to these communities to fund programs as well as
community and economic development projects that would address
the underlying causes of crime and violence.
    Due to a variety of reasons, including in particular the
State's budget impasse, funds from multiple sources to
establish such a comprehensive policy are subject to
appropriation. Private philanthropic efforts will also be
considered. Policies like R3 are needed in order to provide
communities that have historically suffered from divestment,
poverty, and incarceration with smart solutions that can solve
the plague of structural violence that includes collective,
interpersonal, and self-directed violence. Understanding
structural violence helps explain the multiple and often
intersecting forces that create and perpetuate these
conditions on multiple levels. It is clear that violence is a
public health problem that needs to be treated as such.
Research has shown that when violence is treated in such a way
that educates, fosters collaboration, and redirects the
funding on a governmental level, its effects can be slowed or
even halted, resulting in civility being brought to our
communities in the State of Illinois. Research has shown that
when violence is treated in such a way, then its effects can be
slowed or even halted.
 
    Section 72-15. Report. The Department of Public Health
and the Department of Human Services are required to report
their findings to the General Assembly by December 31, 2021.
 
Article 80.

 
    Section 80-5. The Employee Sick Leave Act is amended by
changing Sections 5 and 10 as follows:
 
    (820 ILCS 191/5)
    Sec. 5. Definitions. In this Act:
    "Covered family member" means an employee's child,
stepchild, spouse, domestic partner, sibling, parent,
mother-in-law, father-in-law, grandchild, grandparent, or
stepparent.
    "Department" means the Department of Labor.
    "Personal care" means activities to ensure that a covered
family member's basic medical, hygiene, nutritional, or safety
needs are met, or to provide transportation to medical
appointments, for a covered family member who is unable to
meet those needs himself or herself. "Personal care" also
means being physically present to provide emotional support to
a covered family member with a serious health condition who is
receiving inpatient or home care.
    "Personal sick leave benefits" means any paid or unpaid
time available to an employee as provided through an
employment benefit plan or paid time off policy to be used as a
result of absence from work due to personal illness, injury,
or medical appointment, or for personal care of a covered
family member. An employment benefit plan or paid time off
policy does not include long term disability, short term
disability, an insurance policy, or other comparable benefit
plan or policy.
(Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)
 
    (820 ILCS 191/10)
    Sec. 10. Use of leave; limitations.
    (a) An employee may use personal sick leave benefits
provided by the employer for absences due to an illness,
injury, or medical appointment of the employee's child,
stepchild, spouse, domestic partner, sibling, parent,
mother-in-law, father-in-law, grandchild, grandparent, or
stepparent, or for personal care of a covered family member on
the same terms upon which the employee is able to use personal
sick leave benefits for the employee's own illness or injury.
An employer may request written verification of the employee's
absence from a health care professional if such verification
is required under the employer's employment benefit plan or
paid time off policy.
    (b) An employer may limit the use of personal sick leave
benefits provided by the employer for absences due to an
illness, injury, or medical appointment, or personal care of
the employee's covered family member of the employee's child,
stepchild, spouse, domestic partner, sibling, parent,
mother-in-law, father-in-law, grandchild, grandparent, or
stepparent to an amount not less than the personal sick leave
that would be earned or accrued during 6 months at the
employee's then current rate of entitlement. For employers who
base personal sick leave benefits on an employee's years of
service instead of annual or monthly accrual, such employer
may limit the amount of sick leave to be used under this Act to
half of the employee's maximum annual grant.
    (c) An employer who provides personal sick leave benefits
or a paid time off policy that would otherwise provide
benefits as required under subsections (a) and (b) shall not
be required to modify such benefits.
(Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)
 
Article 90.

 
    Section 90-5. The Nursing Home Care Act is amended by
adding Section 3-206.06 as follows:
 
    (210 ILCS 45/3-206.06 new)
    Sec. 3-206.06. Testing for Legionella bacteria. A facility
shall develop a policy for testing its water supply for
Legionella bacteria. The policy shall include the frequency
with which testing is conducted. The policy and the results of
any tests shall be made available to the Department upon
request.
 
    Section 90-10. The Hospital Licensing Act is amended by
adding Section 6.29 as follows:
 
    (210 ILCS 85/6.29 new)
    Sec. 6.29. Testing for Legionella bacteria. A hospital
shall develop a policy for testing its water supply for
Legionella bacteria. The policy shall include the frequency
with which testing is conducted. The policy and the results of
any tests shall be made available to the Department upon
request.
 
Article 95.

 
    Section 95-5. The Child Care Act of 1969 is amended by
changing Section 7 as follows:
 
    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
    Sec. 7. (a) The Department must prescribe and publish
minimum standards for licensing that apply to the various
types of facilities for child care defined in this Act and that
are equally applicable to like institutions under the control
of the Department and to foster family homes used by and under
the direct supervision of the Department. The Department shall
seek the advice and assistance of persons representative of
the various types of child care facilities in establishing
such standards. The standards prescribed and published under
this Act take effect as provided in the Illinois
Administrative Procedure Act, and are restricted to
regulations pertaining to the following matters and to any
rules and regulations required or permitted by any other
Section of this Act:
        (1) The operation and conduct of the facility and
    responsibility it assumes for child care;
        (2) The character, suitability and qualifications of
    the applicant and other persons directly responsible for
    the care and welfare of children served. All child day
    care center licensees and employees who are required to
    report child abuse or neglect under the Abused and
    Neglected Child Reporting Act shall be required to attend
    training on recognizing child abuse and neglect, as
    prescribed by Department rules;
        (3) The general financial ability and competence of
    the applicant to provide necessary care for children and
    to maintain prescribed standards;
        (4) The number of individuals or staff required to
    insure adequate supervision and care of the children
    received. The standards shall provide that each child care
    institution, maternity center, day care center, group
    home, day care home, and group day care home shall have on
    its premises during its hours of operation at least one
    staff member certified in first aid, in the Heimlich
    maneuver and in cardiopulmonary resuscitation by the
    American Red Cross or other organization approved by rule
    of the Department. Child welfare agencies shall not be
    subject to such a staffing requirement. The Department may
    offer, or arrange for the offering, on a periodic basis in
    each community in this State in cooperation with the
    American Red Cross, the American Heart Association or
    other appropriate organization, voluntary programs to
    train operators of foster family homes and day care homes
    in first aid and cardiopulmonary resuscitation;
        (5) The appropriateness, safety, cleanliness, and
    general adequacy of the premises, including maintenance of
    adequate fire prevention and health standards conforming
    to State laws and municipal codes to provide for the
    physical comfort, care, and well-being of children
    received;
        (6) Provisions for food, clothing, educational
    opportunities, program, equipment and individual supplies
    to assure the healthy physical, mental, and spiritual
    development of children served;
        (7) Provisions to safeguard the legal rights of
    children served;
        (8) Maintenance of records pertaining to the
    admission, progress, health, and discharge of children,
    including, for day care centers and day care homes,
    records indicating each child has been immunized as
    required by State regulations. The Department shall
    require proof that children enrolled in a facility have
    been immunized against Haemophilus Influenzae B (HIB);
        (9) Filing of reports with the Department;
        (10) Discipline of children;
        (11) Protection and fostering of the particular
    religious faith of the children served;
        (12) Provisions prohibiting firearms on day care
    center premises except in the possession of peace
    officers;
        (13) Provisions prohibiting handguns on day care home
    premises except in the possession of peace officers or
    other adults who must possess a handgun as a condition of
    employment and who reside on the premises of a day care
    home;
        (14) Provisions requiring that any firearm permitted
    on day care home premises, except handguns in the
    possession of peace officers, shall be kept in a
    disassembled state, without ammunition, in locked storage,
    inaccessible to children and that ammunition permitted on
    day care home premises shall be kept in locked storage
    separate from that of disassembled firearms, inaccessible
    to children;
        (15) Provisions requiring notification of parents or
    guardians enrolling children at a day care home of the
    presence in the day care home of any firearms and
    ammunition and of the arrangements for the separate,
    locked storage of such firearms and ammunition;
        (16) Provisions requiring all licensed child care
    facility employees who care for newborns and infants to
    complete training every 3 years on the nature of sudden
    unexpected infant death (SUID), sudden infant death
    syndrome (SIDS), and the safe sleep recommendations of the
    American Academy of Pediatrics; and
        (17) With respect to foster family homes, provisions
    requiring the Department to review quality of care
    concerns and to consider those concerns in determining
    whether a foster family home is qualified to care for
    children.
    By July 1, 2022, all licensed day care home providers,
licensed group day care home providers, and licensed day care
center directors and classroom staff shall participate in at
least one training that includes the topics of early childhood
social emotional learning, infant and early childhood mental
health, early childhood trauma, or adverse childhood
experiences. Current licensed providers, directors, and
classroom staff shall complete training by July 1, 2022 and
shall participate in training that includes the above topics
at least once every 3 years.
    (b) If, in a facility for general child care, there are
children diagnosed as mentally ill or children diagnosed as
having an intellectual or physical disability, who are
determined to be in need of special mental treatment or of
nursing care, or both mental treatment and nursing care, the
Department shall seek the advice and recommendation of the
Department of Human Services, the Department of Public Health,
or both Departments regarding the residential treatment and
nursing care provided by the institution.
    (c) The Department shall investigate any person applying
to be licensed as a foster parent to determine whether there is
any evidence of current drug or alcohol abuse in the
prospective foster family. The Department shall not license a
person as a foster parent if drug or alcohol abuse has been
identified in the foster family or if a reasonable suspicion
of such abuse exists, except that the Department may grant a
foster parent license to an applicant identified with an
alcohol or drug problem if the applicant has successfully
participated in an alcohol or drug treatment program,
self-help group, or other suitable activities and if the
Department determines that the foster family home can provide
a safe, appropriate environment and meet the physical and
emotional needs of children.
    (d) The Department, in applying standards prescribed and
published, as herein provided, shall offer consultation
through employed staff or other qualified persons to assist
applicants and licensees in meeting and maintaining minimum
requirements for a license and to help them otherwise to
achieve programs of excellence related to the care of children
served. Such consultation shall include providing information
concerning education and training in early childhood
development to providers of day care home services. The
Department may provide or arrange for such education and
training for those providers who request such assistance.
    (e) The Department shall distribute copies of licensing
standards to all licensees and applicants for a license. Each
licensee or holder of a permit shall distribute copies of the
appropriate licensing standards and any other information
required by the Department to child care facilities under its
supervision. Each licensee or holder of a permit shall
maintain appropriate documentation of the distribution of the
standards. Such documentation shall be part of the records of
the facility and subject to inspection by authorized
representatives of the Department.
    (f) The Department shall prepare summaries of day care
licensing standards. Each licensee or holder of a permit for a
day care facility shall distribute a copy of the appropriate
summary and any other information required by the Department,
to the legal guardian of each child cared for in that facility
at the time when the child is enrolled or initially placed in
the facility. The licensee or holder of a permit for a day care
facility shall secure appropriate documentation of the
distribution of the summary and brochure. Such documentation
shall be a part of the records of the facility and subject to
inspection by an authorized representative of the Department.
    (g) The Department shall distribute to each licensee and
holder of a permit copies of the licensing or permit standards
applicable to such person's facility. Each licensee or holder
of a permit shall make available by posting at all times in a
common or otherwise accessible area a complete and current set
of licensing standards in order that all employees of the
facility may have unrestricted access to such standards. All
employees of the facility shall have reviewed the standards
and any subsequent changes. Each licensee or holder of a
permit shall maintain appropriate documentation of the current
review of licensing standards by all employees. Such records
shall be part of the records of the facility and subject to
inspection by authorized representatives of the Department.
    (h) Any standards involving physical examinations,
immunization, or medical treatment shall include appropriate
exemptions for children whose parents object thereto on the
grounds that they conflict with the tenets and practices of a
recognized church or religious organization, of which the
parent is an adherent or member, and for children who should
not be subjected to immunization for clinical reasons.
    (i) The Department, in cooperation with the Department of
Public Health, shall work to increase immunization awareness
and participation among parents of children enrolled in day
care centers and day care homes by publishing on the
Department's website information about the benefits of
immunization against vaccine preventable diseases, including
influenza and pertussis. The information for vaccine
preventable diseases shall include the incidence and severity
of the diseases, the availability of vaccines, and the
importance of immunizing children and persons who frequently
have close contact with children. The website content shall be
reviewed annually in collaboration with the Department of
Public Health to reflect the most current recommendations of
the Advisory Committee on Immunization Practices (ACIP). The
Department shall work with day care centers and day care homes
licensed under this Act to ensure that the information is
annually distributed to parents in August or September.
    (j) Any standard adopted by the Department that requires
an applicant for a license to operate a day care home to
include a copy of a high school diploma or equivalent
certificate with his or her application shall be deemed to be
satisfied if the applicant includes a copy of a high school
diploma or equivalent certificate or a copy of a degree from an
accredited institution of higher education or vocational
institution or equivalent certificate.
(Source: P.A. 99-143, eff. 7-27-15; 99-779, eff. 1-1-17;
100-201, eff. 8-18-17.)
 
Article 100.

 
    Section 100-1. Short title. This Article may be cited as
the Special Commission on Gynecologic Cancers Act.
 
    Section 100-5. Creation; members; duties; report.    
    (a) The Special Commission on Gynecologic Cancers is
created. Membership of the Commission shall be as follows:
        (1) A representative of the Illinois Comprehensive
    Cancer Control Program, appointed by the Director of
    Public Health;
        (2) The Director of Insurance, or his or her designee;
    and
        (3) 20 members who shall be appointed as follows:
                (A) three members appointed by the Speaker of
        the House of Representatives, one of whom shall be a
        survivor of ovarian cancer, one of whom shall be a
        survivor of cervical, vaginal, vulvar, or uterine
        cancer, and one of whom shall be a medical specialist
        in gynecologic cancers;
                (B) three members appointed by the Senate
        President, one of whom shall be a survivor of ovarian
        cancer, one of whom shall be a survivor of cervical,
        vaginal, vulvar, or uterine cancer, and one of whom
        shall be a medical specialist in gynecologic cancers;
                (C) three members appointed by the House
        Minority Leader, one of whom shall be a survivor of
        ovarian cancer, one of whom shall be a survivor of
        cervical, vaginal, vulvar, or uterine cancer, and one
        of whom shall be a medical specialist in gynecologic
        cancers;
                (D) three members appointed by the Senate
        Minority Leader, one of whom shall be a survivor of
        ovarian cancer, one of whom shall be a survivor of
        cervical, vaginal, vulvar, or uterine cancer, and one
        of whom shall be a medical specialist in gynecologic
        cancers; and
                (E) eight members appointed by the Governor,
        one of whom shall be a caregiver of a woman diagnosed
        with a gynecologic cancer, one of whom shall be a
        medical specialist in gynecologic cancers, one of whom
        shall be an individual with expertise in community
        based health care and issues affecting underserved and
        vulnerable populations, 2 of whom shall be individuals
        representing gynecologic cancer awareness and support
        groups in the State, one of whom shall be a researcher
        specializing in gynecologic cancers, and 2 of whom
        shall be members of the public with demonstrated
        expertise in issues relating to the work of the
        Commission.
    (b) Members of the Commission shall serve without
compensation or reimbursement from the Commission. Members
shall select a Chair from among themselves and the Chair shall
set the meeting schedule.
    (c) The Illinois Department of Public Health shall provide
administrative support to the Commission.
    (d) The Commission is charged with the study of the
following:
        (1) establishing a mechanism to ascertain the
    prevalence of gynecologic cancers in the State and, to the
    extent possible, to collect statistics relative to the
    timing of diagnosis and risk factors associated with
    gynecologic cancers;
        (2) determining how to best effectuate early diagnosis
    and treatment for gynecologic cancer patients;
        (3) determining best practices for closing disparities
    in outcomes for gynecologic cancer patients and innovative
    approaches to reaching underserved and vulnerable
    populations;
        (4) determining any unmet needs of persons with
    gynecologic cancers and those of their families; and
        (5) providing recommendations for additional
    legislation, support programs, and resources to meet the
    unmet needs of persons with gynecologic cancers and their
    families.
    (e) The Commission shall file its final report with the
General Assembly no later than December 31, 2021 and, upon the
filing of its report, is dissolved.
 
    Section 100-90. Repeal. This Article is repealed on
January 1, 2023.
 
Article 105.

 
    Section 105-5. The Illinois Public Aid Code is amended by
changing Section 5A-12.7 as follows:
 
    (305 ILCS 5/5A-12.7)
    (Section scheduled to be repealed on December 31, 2022)
    Sec. 5A-12.7. Continuation of hospital access payments on
and after July 1, 2020.
    (a) To preserve and improve access to hospital services,
for hospital services rendered on and after July 1, 2020, the
Department shall, except for hospitals described in subsection
(b) of Section 5A-3, make payments to hospitals or require
capitated managed care organizations to make payments as set
forth in this Section. Payments under this Section are not due
and payable, however, until: (i) the methodologies described
in this Section are approved by the federal government in an
appropriate State Plan amendment or directed payment preprint;
and (ii) the assessment imposed under this Article is
determined to be a permissible tax under Title XIX of the
Social Security Act. In determining the hospital access
payments authorized under subsection (g) of this Section, if a
hospital ceases to qualify for payments from the pool, the
payments for all hospitals continuing to qualify for payments
from such pool shall be uniformly adjusted to fully expend the
aggregate net amount of the pool, with such adjustment being
effective on the first day of the second month following the
date the hospital ceases to receive payments from such pool.
    (b) Amounts moved into claims-based rates and distributed
in accordance with Section 14-12 shall remain in those
claims-based rates.
    (c) Graduate medical education.
        (1) The calculation of graduate medical education
    payments shall be based on the hospital's Medicare cost
    report ending in Calendar Year 2018, as reported in the
    Healthcare Cost Report Information System file, release
    date September 30, 2019. An Illinois hospital reporting
    intern and resident cost on its Medicare cost report shall
    be eligible for graduate medical education payments.
        (2) Each hospital's annualized Medicaid Intern
    Resident Cost is calculated using annualized intern and
    resident total costs obtained from Worksheet B Part I,
    Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93,
    96-98, and 105-112 multiplied by the percentage that the
    hospital's Medicaid days (Worksheet S3 Part I, Column 7,
    Lines 2, 3, 4, 14, 16-18, and 32) comprise of the
    hospital's total days (Worksheet S3 Part I, Column 8,
    Lines 14, 16-18, and 32).
        (3) An annualized Medicaid indirect medical education
    (IME) payment is calculated for each hospital using its
    IME payments (Worksheet E Part A, Line 29, Column 1)
    multiplied by the percentage that its Medicaid days
    (Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18,
    and 32) comprise of its Medicare days (Worksheet S3 Part
    I, Column 6, Lines 2, 3, 4, 14, and 16-18).
        (4) For each hospital, its annualized Medicaid Intern
    Resident Cost and its annualized Medicaid IME payment are
    summed, and, except as capped at 120% of the average cost
    per intern and resident for all qualifying hospitals as
    calculated under this paragraph, is multiplied by 22.6% to
    determine the hospital's final graduate medical education
    payment. Each hospital's average cost per intern and
    resident shall be calculated by summing its total
    annualized Medicaid Intern Resident Cost plus its
    annualized Medicaid IME payment and dividing that amount
    by the hospital's total Full Time Equivalent Residents and
    Interns. If the hospital's average per intern and resident
    cost is greater than 120% of the same calculation for all
    qualifying hospitals, the hospital's per intern and
    resident cost shall be capped at 120% of the average cost
    for all qualifying hospitals.
    (d) Fee-for-service supplemental payments. Each Illinois
hospital shall receive an annual payment equal to the amounts
below, to be paid in 12 equal installments on or before the
seventh State business day of each month, except that no
payment shall be due within 30 days after the later of the date
of notification of federal approval of the payment
methodologies required under this Section or any waiver
required under 42 CFR 433.68, at which time the sum of amounts
required under this Section prior to the date of notification
is due and payable.
        (1) For critical access hospitals, $385 per covered
    inpatient day contained in paid fee-for-service claims and
    $530 per paid fee-for-service outpatient claim for dates
    of service in Calendar Year 2019 in the Department's
    Enterprise Data Warehouse as of May 11, 2020.
        (2) For safety-net hospitals, $960 per covered
    inpatient day contained in paid fee-for-service claims and
    $625 per paid fee-for-service outpatient claim for dates
    of service in Calendar Year 2019 in the Department's
    Enterprise Data Warehouse as of May 11, 2020.
        (3) For long term acute care hospitals, $295 per
    covered inpatient day contained in paid fee-for-service
    claims for dates of service in Calendar Year 2019 in the
    Department's Enterprise Data Warehouse as of May 11, 2020.
        (4) For freestanding psychiatric hospitals, $125 per
    covered inpatient day contained in paid fee-for-service
    claims and $130 per paid fee-for-service outpatient claim
    for dates of service in Calendar Year 2019 in the
    Department's Enterprise Data Warehouse as of May 11, 2020.
        (5) For freestanding rehabilitation hospitals, $355
    per covered inpatient day contained in paid
    fee-for-service claims for dates of service in Calendar
    Year 2019 in the Department's Enterprise Data Warehouse as
    of May 11, 2020.
        (6) For all general acute care hospitals and high
    Medicaid hospitals as defined in subsection (f), $350 per
    covered inpatient day for dates of service in Calendar
    Year 2019 contained in paid fee-for-service claims and
    $620 per paid fee-for-service outpatient claim in the
    Department's Enterprise Data Warehouse as of May 11, 2020.
        (7) Alzheimer's treatment access payment. Each
    Illinois academic medical center or teaching hospital, as
    defined in Section 5-5e.2 of this Code, that is identified
    as the primary hospital affiliate of one of the Regional
    Alzheimer's Disease Assistance Centers, as designated by
    the Alzheimer's Disease Assistance Act and identified in
    the Department of Public Health's Alzheimer's Disease
    State Plan dated December 2016, shall be paid an
    Alzheimer's treatment access payment equal to the product
    of the qualifying hospital's State Fiscal Year 2018 total
    inpatient fee-for-service days multiplied by the
    applicable Alzheimer's treatment rate of $226.30 for
    hospitals located in Cook County and $116.21 for hospitals
    located outside Cook County.
    (e) The Department shall require managed care
organizations (MCOs) to make directed payments and
pass-through payments according to this Section. Each calendar
year, the Department shall require MCOs to pay the maximum
amount out of these funds as allowed as pass-through payments
under federal regulations. The Department shall require MCOs
to make such pass-through payments as specified in this
Section. The Department shall require the MCOs to pay the
remaining amounts as directed Payments as specified in this
Section. The Department shall issue payments to the
Comptroller by the seventh business day of each month for all
MCOs that are sufficient for MCOs to make the directed
payments and pass-through payments according to this Section.
The Department shall require the MCOs to make pass-through
payments and directed payments using electronic funds
transfers (EFT), if the hospital provides the information
necessary to process such EFTs, in accordance with directions
provided monthly by the Department, within 7 business days of
the date the funds are paid to the MCOs, as indicated by the
"Paid Date" on the website of the Office of the Comptroller if
the funds are paid by EFT and the MCOs have received directed
payment instructions. If funds are not paid through the
Comptroller by EFT, payment must be made within 7 business
days of the date actually received by the MCO. The MCO will be
considered to have paid the pass-through payments when the
payment remittance number is generated or the date the MCO
sends the check to the hospital, if EFT information is not
supplied. If an MCO is late in paying a pass-through payment or
directed payment as required under this Section (including any
extensions granted by the Department), it shall pay a penalty,
unless waived by the Department for reasonable cause, to the
Department equal to 5% of the amount of the pass-through
payment or directed payment not paid on or before the due date
plus 5% of the portion thereof remaining unpaid on the last day
of each 30-day period thereafter. Payments to MCOs that would
be paid consistent with actuarial certification and enrollment
in the absence of the increased capitation payments under this
Section shall not be reduced as a consequence of payments made
under this subsection. The Department shall publish and
maintain on its website for a period of no less than 8 calendar
quarters, the quarterly calculation of directed payments and
pass-through payments owed to each hospital from each MCO. All
calculations and reports shall be posted no later than the
first day of the quarter for which the payments are to be
issued.
    (f)(1) For purposes of allocating the funds included in
capitation payments to MCOs, Illinois hospitals shall be
divided into the following classes as defined in
administrative rules:
        (A) Critical access hospitals.
        (B) Safety-net hospitals, except that stand-alone
    children's hospitals that are not specialty children's
    hospitals will not be included.
        (C) Long term acute care hospitals.
        (D) Freestanding psychiatric hospitals.
        (E) Freestanding rehabilitation hospitals.
        (F) High Medicaid hospitals. As used in this Section,
    "high Medicaid hospital" means a general acute care
    hospital that is not a safety-net hospital or critical
    access hospital and that has a Medicaid Inpatient
    Utilization Rate above 30% or a hospital that had over
    35,000 inpatient Medicaid days during the applicable
    period. For the period July 1, 2020 through December 31,
    2020, the applicable period for the Medicaid Inpatient
    Utilization Rate (MIUR) is the rate year 2020 MIUR and for
    the number of inpatient days it is State fiscal year 2018.
    Beginning in calendar year 2021, the Department shall use
    the most recently determined MIUR, as defined in
    subsection (h) of Section 5-5.02, and for the inpatient
    day threshold, the State fiscal year ending 18 months
    prior to the beginning of the calendar year. For purposes
    of calculating MIUR under this Section, children's
    hospitals and affiliated general acute care hospitals
    shall be considered a single hospital.
        (G) General acute care hospitals. As used under this
    Section, "general acute care hospitals" means all other
    Illinois hospitals not identified in subparagraphs (A)
    through (F).
    (2) Hospitals' qualification for each class shall be
assessed prior to the beginning of each calendar year and the
new class designation shall be effective January 1 of the next
year. The Department shall publish by rule the process for
establishing class determination.
    (g) Fixed pool directed payments. Beginning July 1, 2020,
the Department shall issue payments to MCOs which shall be
used to issue directed payments to qualified Illinois
safety-net hospitals and critical access hospitals on a
monthly basis in accordance with this subsection. Prior to the
beginning of each Payout Quarter beginning July 1, 2020, the
Department shall use encounter claims data from the
Determination Quarter, accepted by the Department's Medicaid
Management Information System for inpatient and outpatient
services rendered by safety-net hospitals and critical access
hospitals to determine a quarterly uniform per unit add-on for
each hospital class.
        (1) Inpatient per unit add-on. A quarterly uniform per
    diem add-on shall be derived by dividing the quarterly
    Inpatient Directed Payments Pool amount allocated to the
    applicable hospital class by the total inpatient days
    contained on all encounter claims received during the
    Determination Quarter, for all hospitals in the class.
            (A) Each hospital in the class shall have a
        quarterly inpatient directed payment calculated that
        is equal to the product of the number of inpatient days
        attributable to the hospital used in the calculation
        of the quarterly uniform class per diem add-on,
        multiplied by the calculated applicable quarterly
        uniform class per diem add-on of the hospital class.
            (B) Each hospital shall be paid 1/3 of its
        quarterly inpatient directed payment in each of the 3
        months of the Payout Quarter, in accordance with
        directions provided to each MCO by the Department.
        (2) Outpatient per unit add-on. A quarterly uniform
    per claim add-on shall be derived by dividing the
    quarterly Outpatient Directed Payments Pool amount
    allocated to the applicable hospital class by the total
    outpatient encounter claims received during the
    Determination Quarter, for all hospitals in the class.
            (A) Each hospital in the class shall have a
        quarterly outpatient directed payment calculated that
        is equal to the product of the number of outpatient
        encounter claims attributable to the hospital used in
        the calculation of the quarterly uniform class per
        claim add-on, multiplied by the calculated applicable
        quarterly uniform class per claim add-on of the
        hospital class.
            (B) Each hospital shall be paid 1/3 of its
        quarterly outpatient directed payment in each of the 3
        months of the Payout Quarter, in accordance with
        directions provided to each MCO by the Department.
        (3) Each MCO shall pay each hospital the Monthly
    Directed Payment as identified by the Department on its
    quarterly determination report.
        (4) Definitions. As used in this subsection:
            (A) "Payout Quarter" means each 3 month calendar
        quarter, beginning July 1, 2020.
            (B) "Determination Quarter" means each 3 month
        calendar quarter, which ends 3 months prior to the
        first day of each Payout Quarter.
        (5) For the period July 1, 2020 through December 2020,
    the following amounts shall be allocated to the following
    hospital class directed payment pools for the quarterly
    development of a uniform per unit add-on:
            (A) $2,894,500 for hospital inpatient services for
        critical access hospitals.
            (B) $4,294,374 for hospital outpatient services
        for critical access hospitals.
            (C) $29,109,330 for hospital inpatient services
        for safety-net hospitals.
            (D) $35,041,218 for hospital outpatient services
        for safety-net hospitals.
    (h) Fixed rate directed payments. Effective July 1, 2020,
the Department shall issue payments to MCOs which shall be
used to issue directed payments to Illinois hospitals not
identified in paragraph (g) on a monthly basis. Prior to the
beginning of each Payout Quarter beginning July 1, 2020, the
Department shall use encounter claims data from the
Determination Quarter, accepted by the Department's Medicaid
Management Information System for inpatient and outpatient
services rendered by hospitals in each hospital class
identified in paragraph (f) and not identified in paragraph
(g). For the period July 1, 2020 through December 2020, the
Department shall direct MCOs to make payments as follows:
        (1) For general acute care hospitals an amount equal
    to $1,750 multiplied by the hospital's category of service
    20 case mix index for the determination quarter multiplied
    by the hospital's total number of inpatient admissions for
    category of service 20 for the determination quarter.
        (2) For general acute care hospitals an amount equal
    to $160 multiplied by the hospital's category of service
    21 case mix index for the determination quarter multiplied
    by the hospital's total number of inpatient admissions for
    category of service 21 for the determination quarter.
        (3) For general acute care hospitals an amount equal
    to $80 multiplied by the hospital's category of service 22
    case mix index for the determination quarter multiplied by
    the hospital's total number of inpatient admissions for
    category of service 22 for the determination quarter.
        (4) For general acute care hospitals an amount equal
    to $375 multiplied by the hospital's category of service
    24 case mix index for the determination quarter multiplied
    by the hospital's total number of category of service 24
    paid EAPG (EAPGs) for the determination quarter.
        (5) For general acute care hospitals an amount equal
    to $240 multiplied by the hospital's category of service
    27 and 28 case mix index for the determination quarter
    multiplied by the hospital's total number of category of
    service 27 and 28 paid EAPGs for the determination
    quarter.
        (6) For general acute care hospitals an amount equal
    to $290 multiplied by the hospital's category of service
    29 case mix index for the determination quarter multiplied
    by the hospital's total number of category of service 29
    paid EAPGs for the determination quarter.
        (7) For high Medicaid hospitals an amount equal to
    $1,800 multiplied by the hospital's category of service 20
    case mix index for the determination quarter multiplied by
    the hospital's total number of inpatient admissions for
    category of service 20 for the determination quarter.
        (8) For high Medicaid hospitals an amount equal to
    $160 multiplied by the hospital's category of service 21
    case mix index for the determination quarter multiplied by
    the hospital's total number of inpatient admissions for
    category of service 21 for the determination quarter.
        (9) For high Medicaid hospitals an amount equal to $80
    multiplied by the hospital's category of service 22 case
    mix index for the determination quarter multiplied by the
    hospital's total number of inpatient admissions for
    category of service 22 for the determination quarter.
        (10) For high Medicaid hospitals an amount equal to
    $400 multiplied by the hospital's category of service 24
    case mix index for the determination quarter multiplied by
    the hospital's total number of category of service 24 paid
    EAPG outpatient claims for the determination quarter.
        (11) For high Medicaid hospitals an amount equal to
    $240 multiplied by the hospital's category of service 27
    and 28 case mix index for the determination quarter
    multiplied by the hospital's total number of category of
    service 27 and 28 paid EAPGs for the determination
    quarter.
        (12) For high Medicaid hospitals an amount equal to
    $290 multiplied by the hospital's category of service 29
    case mix index for the determination quarter multiplied by
    the hospital's total number of category of service 29 paid
    EAPGs for the determination quarter.
        (13) For long term acute care hospitals the amount of
    $495 multiplied by the hospital's total number of
    inpatient days for the determination quarter.
        (14) For psychiatric hospitals the amount of $210
    multiplied by the hospital's total number of inpatient
    days for category of service 21 for the determination
    quarter.
        (15) For psychiatric hospitals the amount of $250
    multiplied by the hospital's total number of outpatient
    claims for category of service 27 and 28 for the
    determination quarter.
        (16) For rehabilitation hospitals the amount of $410
    multiplied by the hospital's total number of inpatient
    days for category of service 22 for the determination
    quarter.
        (17) For rehabilitation hospitals the amount of $100
    multiplied by the hospital's total number of outpatient
    claims for category of service 29 for the determination
    quarter.
        (18) Each hospital shall be paid 1/3 of their
    quarterly inpatient and outpatient directed payment in
    each of the 3 months of the Payout Quarter, in accordance
    with directions provided to each MCO by the Department.
        (19) Each MCO shall pay each hospital the Monthly
    Directed Payment amount as identified by the Department on
    its quarterly determination report.
    Notwithstanding any other provision of this subsection, if
the Department determines that the actual total hospital
utilization data that is used to calculate the fixed rate
directed payments is substantially different than anticipated
when the rates in this subsection were initially determined
(for unforeseeable circumstances such as the COVID-19
pandemic), the Department may adjust the rates specified in
this subsection so that the total directed payments
approximate the total spending amount anticipated when the
rates were initially established.
    Definitions. As used in this subsection:
            (A) "Payout Quarter" means each calendar quarter,
        beginning July 1, 2020.
            (B) "Determination Quarter" means each calendar
        quarter which ends 3 months prior to the first day of
        each Payout Quarter.
            (C) "Case mix index" means a hospital specific
        calculation. For inpatient claims the case mix index
        is calculated each quarter by summing the relative
        weight of all inpatient Diagnosis-Related Group (DRG)
        claims for a category of service in the applicable
        Determination Quarter and dividing the sum by the
        number of sum total of all inpatient DRG admissions
        for the category of service for the associated claims.
        The case mix index for outpatient claims is calculated
        each quarter by summing the relative weight of all
        paid EAPGs in the applicable Determination Quarter and
        dividing the sum by the sum total of paid EAPGs for the
        associated claims.
    (i) Beginning January 1, 2021, the rates for directed
payments shall be recalculated in order to spend the
additional funds for directed payments that result from
reduction in the amount of pass-through payments allowed under
federal regulations. The additional funds for directed
payments shall be allocated proportionally to each class of
hospitals based on that class' proportion of services.
    (j) Pass-through payments.
        (1) For the period July 1, 2020 through December 31,
    2020, the Department shall assign quarterly pass-through
    payments to each class of hospitals equal to one-fourth of
    the following annual allocations:
            (A) $390,487,095 to safety-net hospitals.
            (B) $62,553,886 to critical access hospitals.
            (C) $345,021,438 to high Medicaid hospitals.
            (D) $551,429,071 to general acute care hospitals.
            (E) $27,283,870 to long term acute care hospitals.
            (F) $40,825,444 to freestanding psychiatric
        hospitals.
            (G) $9,652,108 to freestanding rehabilitation
        hospitals.
        (2) The pass-through payments shall at a minimum
    ensure hospitals receive a total amount of monthly
    payments under this Section as received in calendar year
    2019 in accordance with this Article and paragraph (1) of
    subsection (d-5) of Section 14-12, exclusive of amounts
    received through payments referenced in subsection (b).
        (3) For the calendar year beginning January 1, 2021,
    and each calendar year thereafter, each hospital's
    pass-through payment amount shall be reduced
    proportionally to the reduction of all pass-through
    payments required by federal regulations.
    (k) At least 30 days prior to each calendar year, the
Department shall notify each hospital of changes to the
payment methodologies in this Section, including, but not
limited to, changes in the fixed rate directed payment rates,
the aggregate pass-through payment amount for all hospitals,
and the hospital's pass-through payment amount for the
upcoming calendar year.
    (l) Notwithstanding any other provisions of this Section,
the Department may adopt rules to change the methodology for
directed and pass-through payments as set forth in this
Section, but only to the extent necessary to obtain federal
approval of a necessary State Plan amendment or Directed
Payment Preprint or to otherwise conform to federal law or
federal regulation.
    (m) As used in this subsection, "managed care
organization" or "MCO" means an entity which contracts with
the Department to provide services where payment for medical
services is made on a capitated basis, excluding contracted
entities for dual eligible or Department of Children and
Family Services youth populations.
    (n) In order to address the escalating infant mortality
rates among minority communities in Illinois, the State shall,
subject to appropriation, create a pool of funding of at least
$50,000,000 annually to be disbursed among safety-net
hospitals that maintain perinatal designation from the
Department of Public Health. The funding shall be used to
preserve or enhance OB/GYN services or other specialty
services at the receiving hospital, with the distribution of
funding to be established by rule and with consideration to
perinatal hospitals with safe birthing levels and quality
metrics for healthy mothers and babies.
(Source: P.A. 101-650, eff. 7-7-20.)
 
Article 110.

 
    Section 110-1. Short title. This Article may be cited as
the Racial Impact Note Act.
 
    Section 110-5. Racial impact note.
    (a) Every bill which has or could have a disparate impact
on racial and ethnic minorities, upon the request of any
member, shall have prepared for it, before second reading in
the house of introduction, a brief explanatory statement or
note that shall include a reliable estimate of the anticipated
impact on those racial and ethnic minorities likely to be
impacted by the bill. Each racial impact note must include,
for racial and ethnic minorities for which data are available:
(i) an estimate of how the proposed legislation would impact
racial and ethnic minorities; (ii) a statement of the
methodologies and assumptions used in preparing the estimate;
(iii) an estimate of the racial and ethnic composition of the
population who may be impacted by the proposed legislation,
including those persons who may be negatively impacted and
those persons who may benefit from the proposed legislation;
and (iv) any other matter that a responding agency considers
appropriate in relation to the racial and ethnic minorities
likely to be affected by the bill.
 
    Section 110-10. Preparation.
    (a) The sponsor of each bill for which a request under
Section 110-5 has been made shall present a copy of the bill
with the request for a racial impact note to the appropriate
responding agency or agencies under subsection (b). The
responding agency or agencies shall prepare and submit the
note to the sponsor of the bill within 5 calendar days, except
that whenever, because of the complexity of the measure,
additional time is required for the preparation of the racial
impact note, the responding agency or agencies may inform the
sponsor of the bill, and the sponsor may approve an extension
of the time within which the note is to be submitted, not to
extend, however, beyond June 15, following the date of the
request. If, in the opinion of the responding agency or
agencies, there is insufficient information to prepare a
reliable estimate of the anticipated impact, a statement to
that effect can be filed and shall meet the requirements of
this Act.
    (b) If a bill concerns arrests, convictions, or law
enforcement, a statement shall be prepared by the Illinois
Criminal Justice Information Authority specifying the impact
on racial and ethnic minorities. If a bill concerns
corrections, sentencing, or the placement of individuals
within the Department of Corrections, a statement shall be
prepared by the Department of Corrections specifying the
impact on racial and ethnic minorities. If a bill concerns
local government, a statement shall be prepared by the
Department of Commerce and Economic Opportunity specifying the
impact on racial and ethnic minorities. If a bill concerns
education, one of the following agencies shall prepare a
statement specifying the impact on racial and ethnic
minorities: (i) the Illinois Community College Board, if the
bill affects community colleges; (ii) the Illinois State Board
of Education, if the bill affects primary and secondary
education; or (iii) the Illinois Board of Higher Education, if
the bill affects State universities. Any other State agency
impacted or responsible for implementing all or part of this
bill shall prepare a statement of the racial and ethnic impact
of the bill as it relates to that agency.
 
    Section 110-15. Requisites and contents. The note shall be
factual in nature, as brief and concise as may be, and, in
addition, it shall include both the immediate effect and, if
determinable or reasonably foreseeable, the long range effect
of the measure on racial and ethnic minorities. If, after
careful investigation, it is determined that such an effect is
not ascertainable, the note shall contain a statement to that
effect, setting forth the reasons why no ascertainable effect
can be given.
 
    Section 110-20. Comment or opinion; technical or
mechanical defects. No comment or opinion shall be included
in the racial impact note with regard to the merits of the
measure for which the racial impact note is prepared; however,
technical or mechanical defects may be noted.
 
    Section 110-25. Appearance of State officials and
employees in support or opposition of measure. The fact that a
racial impact note is prepared for any bill shall not preclude
or restrict the appearance before any committee of the General
Assembly of any official or authorized employee of the
responding agency or agencies, or any other impacted State
agency, who desires to be heard in support of or in opposition
to the measure.
 
Article 115.

 
    Section 115-5. The Illinois Public Aid Code is amended by
adding Section 14-14 as follows:
 
    (305 ILCS 5/14-14 new)
    Sec. 14-14. Increasing access to primary care in
hospitals. The Department of Healthcare and Family Services
shall develop a program to facilitate coordination between
Federally Qualified Health Centers (FQHCs) and safety net
hospitals, with the goal of increasing care coordination,
managing chronic diseases, and addressing the social
determinants of health on or before December 31, 2021.
Coordination between FQHCs and safety hospitals may include,
but is not limited to, embedding FQHC staff in hospitals,
utilizing health information technology for care coordination,
and enabling FQHCs to connect hospital patients to
community-based resources when needed to provide whole-person
care. In addition, the Department shall develop a payment
methodology to allow FQHCs to provide care coordination
services, including, but not limited to, chronic disease
management and behavioral health services. The Department of
Healthcare and Family Services shall develop a payment
methodology to allow for FQHC care coordination services by no
later than December 31, 2021.
 
Article 120.

 
    Section 120-5. The Civil Administrative Code of Illinois
is amended by changing Section 5-565 as follows:
 
    (20 ILCS 5/5-565)  (was 20 ILCS 5/6.06)
    Sec. 5-565. In the Department of Public Health.
    (a) The General Assembly declares it to be the public
policy of this State that all residents citizens of Illinois
are entitled to lead healthy lives. Governmental public health
has a specific responsibility to ensure that a public health
system is in place to allow the public health mission to be
achieved. The public health system is the collection of
public, private, and voluntary entities as well as individuals
and informal associations that contribute to the public's
health within the State. To develop a public health system
requires certain core functions to be performed by government.
The State Board of Health is to assume the leadership role in
advising the Director in meeting the following functions:
        (1) Needs assessment.
        (2) Statewide health objectives.
        (3) Policy development.
        (4) Assurance of access to necessary services.
    There shall be a State Board of Health composed of 20
persons, all of whom shall be appointed by the Governor, with
the advice and consent of the Senate for those appointed by the
Governor on and after June 30, 1998, and one of whom shall be a
senior citizen age 60 or over. Five members shall be
physicians licensed to practice medicine in all its branches,
one representing a medical school faculty, one who is board
certified in preventive medicine, and one who is engaged in
private practice. One member shall be a chiropractic
physician. One member shall be a dentist; one an environmental
health practitioner; one a local public health administrator;
one a local board of health member; one a registered nurse; one
a physical therapist; one an optometrist; one a veterinarian;
one a public health academician; one a health care industry
representative; one a representative of the business
community; one a representative of the non-profit public
interest community; and 2 shall be citizens at large.
    The terms of Board of Health members shall be 3 years,
except that members shall continue to serve on the Board of
Health until a replacement is appointed. Upon the effective
date of Public Act 93-975 (January 1, 2005) this amendatory
Act of the 93rd General Assembly, in the appointment of the
Board of Health members appointed to vacancies or positions
with terms expiring on or before December 31, 2004, the
Governor shall appoint up to 6 members to serve for terms of 3
years; up to 6 members to serve for terms of 2 years; and up to
5 members to serve for a term of one year, so that the term of
no more than 6 members expire in the same year. All members
shall be legal residents of the State of Illinois. The duties
of the Board shall include, but not be limited to, the
following:
        (1) To advise the Department of ways to encourage
    public understanding and support of the Department's
    programs.
        (2) To evaluate all boards, councils, committees,
    authorities, and bodies advisory to, or an adjunct of, the
    Department of Public Health or its Director for the
    purpose of recommending to the Director one or more of the
    following:
            (i) The elimination of bodies whose activities are
        not consistent with goals and objectives of the
        Department.
            (ii) The consolidation of bodies whose activities
        encompass compatible programmatic subjects.
            (iii) The restructuring of the relationship
        between the various bodies and their integration
        within the organizational structure of the Department.
            (iv) The establishment of new bodies deemed
        essential to the functioning of the Department.
        (3) To serve as an advisory group to the Director for
    public health emergencies and control of health hazards.
        (4) To advise the Director regarding public health
    policy, and to make health policy recommendations
    regarding priorities to the Governor through the Director.
        (5) To present public health issues to the Director
    and to make recommendations for the resolution of those
    issues.
        (6) To recommend studies to delineate public health
    problems.
        (7) To make recommendations to the Governor through
    the Director regarding the coordination of State public
    health activities with other State and local public health
    agencies and organizations.
        (8) To report on or before February 1 of each year on
    the health of the residents of Illinois to the Governor,
    the General Assembly, and the public.
        (9) To review the final draft of all proposed
    administrative rules, other than emergency or peremptory
    preemptory rules and those rules that another advisory
    body must approve or review within a statutorily defined
    time period, of the Department after September 19, 1991
    (the effective date of Public Act 87-633). The Board shall
    review the proposed rules within 90 days of submission by
    the Department. The Department shall take into
    consideration any comments and recommendations of the
    Board regarding the proposed rules prior to submission to
    the Secretary of State for initial publication. If the
    Department disagrees with the recommendations of the
    Board, it shall submit a written response outlining the
    reasons for not accepting the recommendations.
        In the case of proposed administrative rules or
    amendments to administrative rules regarding immunization
    of children against preventable communicable diseases
    designated by the Director under the Communicable Disease
    Prevention Act, after the Immunization Advisory Committee
    has made its recommendations, the Board shall conduct 3
    public hearings, geographically distributed throughout the
    State. At the conclusion of the hearings, the State Board
    of Health shall issue a report, including its
    recommendations, to the Director. The Director shall take
    into consideration any comments or recommendations made by
    the Board based on these hearings.
        (10) To deliver to the Governor for presentation to
    the General Assembly a State Health Assessment (SHA) and a
    State Health Improvement Plan (SHIP). The first 5 3 such
    plans shall be delivered to the Governor on January 1,
    2006, January 1, 2009, and January 1, 2016, January 1,
    2021, and June 30, 2022, and then every 5 years
    thereafter.
        The State Health Assessment and State Health
    Improvement Plan Plan shall assess and recommend
    priorities and strategies to improve the public health
    system, and the health status of Illinois residents,
    reduce health disparities and inequities, and promote
    health equity. The State Health Assessment and State
    Health Improvement Plan development and implementation
    shall conform to national Public Health Accreditation
    Board Standards. The State Health Assessment and State
    Health Improvement Plan development and implementation
    process shall be carried out with the administrative and
    operational support of the Department of Public Health
    taking into consideration national health objectives and
    system standards as frameworks for assessment.
        The State Health Assessment shall include
    comprehensive, broad-based data and information from a
    variety of sources on health status and the public health
    system including:
            (i) quantitative data, if it is available, on the
        demographics and health status of the population,
        including data over time on health by gender identity,
        sexual orientation, race, ethnicity, age,
        socio-economic factors, geographic region, disability
        status, and other indicators of disparity;
            (ii) quantitative data on social and structural
        issues affecting health (social and structural
        determinants of health), including, but not limited
        to, housing, transportation, educational attainment,
        employment, and income inequality;
            (iii) priorities and strategies developed at the
        community level through the Illinois Project for Local
        Assessment of Needs (IPLAN) and other local and
        regional community health needs assessments;
            (iv) qualitative data representing the
        population's input on health concerns and well-being,
        including the perceptions of people experiencing
        disparities and health inequities;
            (v) information on health disparities and health
        inequities; and
            (vi) information on public health system strengths
        and areas for improvement.
        The Plan shall also take into consideration priorities
    and strategies developed at the community level through
    the Illinois Project for Local Assessment of Needs (IPLAN)
    and any regional health improvement plans that may be
    developed.
        The State Health Improvement Plan Plan shall focus on
    prevention, social determinants of health, and promoting
    health equity as key strategies as a key strategy for
    long-term health improvement in Illinois.
        The State Health Improvement Plan Plan shall identify
    priority State health issues and social issues affecting
    health, and shall examine and make recommendations on the
    contributions and strategies of the public and private
    sectors for improving health status and the public health
    system in the State. In addition to recommendations on
    health status improvement priorities and strategies for
    the population of the State as a whole, the State Health
    Improvement Plan Plan shall make recommendations, provided
    that data exists to support such recommendations,
    regarding priorities and strategies for reducing and
    eliminating health disparities and health inequities in
    Illinois; including racial, ethnic, gender identification,
    sexual orientation, age, disability, socio-economic, and
    geographic disparities. The State Health Improvement Plan
    shall make recommendations regarding social determinants
    of health, such as housing, transportation, educational
    attainment, employment, and income inequality.
        The development and implementation of the State Health
    Assessment and State Health Improvement Plan shall be a
    collaborative public-private cross-agency effort overseen
    by the SHA and SHIP Partnership. The Director of Public
    Health shall consult with the Governor to ensure
    participation by the head of State agencies with public
    health responsibilities (or their designees) in the SHA
    and SHIP Partnership, including, but not limited to, the
    Department of Public Health, the Department of Human
    Services, the Department of Healthcare and Family
    Services, the Department of Children and Family Services,
    the Environmental Protection Agency, the Illinois State
    Board of Education, the Department on Aging, the Illinois
    Housing Development Authority, the Illinois Criminal
    Justice Information Authority, the Department of
    Agriculture, the Department of Transportation, the
    Department of Corrections, the Department of Commerce and
    Economic Opportunity, and the Chair of the State Board of
    Health to also serve on the Partnership. A member of the
    Governor's staff shall participate in the Partnership and
    serve as a liaison to the Governor's office.
        The Director of the Illinois Department of Public
    Health shall appoint a minimum of 15 other members of the
    SHA and SHIP Partnership representing a Planning Team that
    includes a range of public, private, and voluntary sector
    stakeholders and participants in the public health system.
    For the first SHA and SHIP Partnership after the effective
    date of this amendatory Act of the 102nd General Assembly,
    one-half of the members shall be appointed for a 3-year
    term, and one-half of the members shall be appointed for a
    5-year term. Subsequently, members shall be appointed to
    5-year terms. Should any member not be able to fulfill his
    or her term, the Director may appoint a replacement to
    complete that term. The Director, in consultation with the
    SHA and SHIP Partnership, may engage additional
    individuals and organizations to serve on subcommittees
    and ad hoc efforts to conduct the State Health Assessment
    and develop and implement the State Health Improvement
    Plan. Members of the SHA and SHIP Partnership shall
    receive no compensation for serving as members, but may be
    reimbursed for their necessary expenses if departmental
    resources allow.
        The SHA and SHIP Partnership This Team shall include:
    the directors of State agencies with public health
    responsibilities (or their designees), including but not
    limited to the Illinois Departments of Public Health and
    Department of Human Services, representatives of local
    health departments, representatives of local community
    health partnerships, and individuals with expertise who
    represent an array of organizations and constituencies
    engaged in public health improvement and prevention, such
    as non-profit public interest groups, groups serving
    populations that experience health disparities and health
    inequities, groups addressing social determinants of
    health, health issue groups, faith community groups,
    health care providers, businesses and employers, academic
    institutions, and community-based organizations.
        The Director shall endeavor to make the membership of
    the Partnership diverse and inclusive of the racial,
    ethnic, gender, socio-economic, and geographic diversity
    of the State. The SHA and SHIP Partnership shall be
    chaired by the Director of Public Health or his or her
    designee.
        The SHA and SHIP Partnership shall develop and
    implement a community engagement process that facilitates
    input into the development of the State Health Assessment
    and State Health Improvement Plan. This engagement process
    shall ensure that individuals with lived experience in the
    issues addressed in the State Health Assessment and State
    Health Improvement Plan are meaningfully engaged in the
    development and implementation of the State Health
    Assessment and State Health Improvement Plan.
        The State Board of Health shall hold at least 3 public
    hearings addressing a draft of the State Health
    Improvement Plan drafts of the Plan in representative
    geographic areas of the State. Members of the Planning
    Team shall receive no compensation for their services, but
    may be reimbursed for their necessary expenses.
        Upon the delivery of each State Health Improvement
    Plan, the Governor shall appoint a SHIP Implementation
    Coordination Council that includes a range of public,
    private, and voluntary sector stakeholders and
    participants in the public health system. The Council
    shall include the directors of State agencies and entities
    with public health system responsibilities (or their
    designees), including but not limited to the Department of
    Public Health, Department of Human Services, Department of
    Healthcare and Family Services, Environmental Protection
    Agency, Illinois State Board of Education, Department on
    Aging, Illinois Violence Prevention Authority, Department
    of Agriculture, Department of Insurance, Department of
    Financial and Professional Regulation, Department of
    Transportation, and Department of Commerce and Economic
    Opportunity and the Chair of the State Board of Health.
    The Council shall include representatives of local health
    departments and individuals with expertise who represent
    an array of organizations and constituencies engaged in
    public health improvement and prevention, including
    non-profit public interest groups, health issue groups,
    faith community groups, health care providers, businesses
    and employers, academic institutions, and community-based
    organizations. The Governor shall endeavor to make the
    membership of the Council representative of the racial,
    ethnic, gender, socio-economic, and geographic diversity
    of the State. The Governor shall designate one State
    agency representative and one other non-governmental
    member as co-chairs of the Council. The Governor shall
    designate a member of the Governor's office to serve as
    liaison to the Council and one or more State agencies to
    provide or arrange for support to the Council. The members
    of the SHIP Implementation Coordination Council for each
    State Health Improvement Plan shall serve until the
    delivery of the subsequent State Health Improvement Plan,
    whereupon a new Council shall be appointed. Members of the
    SHIP Planning Team may serve on the SHIP Implementation
    Coordination Council if so appointed by the Governor.
        Upon the delivery of each State Health Assessment and
    State Health Improvement Plan, the SHA and SHIP
    Partnership The SHIP Implementation Coordination Council
    shall coordinate the efforts and engagement of the public,
    private, and voluntary sector stakeholders and
    participants in the public health system to implement each
    SHIP. The Partnership Council shall serve as a forum for
    collaborative action; coordinate existing and new
    initiatives; develop detailed implementation steps, with
    mechanisms for action; implement specific projects;
    identify public and private funding sources at the local,
    State and federal level; promote public awareness of the
    SHIP; and advocate for the implementation of the SHIP. The
    SHA and SHIP Partnership shall implement strategies to
    ensure that individuals and communities affected by health
    disparities and health inequities are engaged in the
    process throughout the 5-year cycle. The SHA and SHIP
    Partnership shall regularly evaluate and update the State
    Health Assessment and track implementation of the State
    Health Improvement Plan with revisions as necessary. The
    SHA and SHIP Partnership shall not have the authority to
    direct any public or private entity to take specific
    action to implement the SHIP. ; and develop an annual
    report to the Governor, General Assembly, and public
    regarding the status of implementation of the SHIP. The
    Council shall not, however, have the authority to direct
    any public or private entity to take specific action to
    implement the SHIP.
        The State Board of Health shall submit a report by
    January 31 of each year on the status of State Health
    Improvement Plan implementation and community engagement
    activities to the Governor, General Assembly, and public.
    In the fifth year, the report may be consolidated into the
    new State Health Assessment and State Health Improvement
    Plan.
        (11) Upon the request of the Governor, to recommend to
    the Governor candidates for Director of Public Health when
    vacancies occur in the position.
        (12) To adopt bylaws for the conduct of its own
    business, including the authority to establish ad hoc
    committees to address specific public health programs
    requiring resolution.
        (13) (Blank).
    Upon appointment, the Board shall elect a chairperson from
among its members.
    Members of the Board shall receive compensation for their
services at the rate of $150 per day, not to exceed $10,000 per
year, as designated by the Director for each day required for
transacting the business of the Board and shall be reimbursed
for necessary expenses incurred in the performance of their
duties. The Board shall meet from time to time at the call of
the Department, at the call of the chairperson, or upon the
request of 3 of its members, but shall not meet less than 4
times per year.
    (b) (Blank).
    (c) An Advisory Board on Necropsy Service to Coroners,
which shall counsel and advise with the Director on the
administration of the Autopsy Act. The Advisory Board shall
consist of 11 members, including a senior citizen age 60 or
over, appointed by the Governor, one of whom shall be
designated as chairman by a majority of the members of the
Board. In the appointment of the first Board the Governor
shall appoint 3 members to serve for terms of 1 year, 3 for
terms of 2 years, and 3 for terms of 3 years. The members first
appointed under Public Act 83-1538 shall serve for a term of 3
years. All members appointed thereafter shall be appointed for
terms of 3 years, except that when an appointment is made to
fill a vacancy, the appointment shall be for the remaining
term of the position vacant. The members of the Board shall be
citizens of the State of Illinois. In the appointment of
members of the Advisory Board the Governor shall appoint 3
members who shall be persons licensed to practice medicine and
surgery in the State of Illinois, at least 2 of whom shall have
received post-graduate training in the field of pathology; 3
members who are duly elected coroners in this State; and 5
members who shall have interest and abilities in the field of
forensic medicine but who shall be neither persons licensed to
practice any branch of medicine in this State nor coroners. In
the appointment of medical and coroner members of the Board,
the Governor shall invite nominations from recognized medical
and coroners organizations in this State respectively. Board
members, while serving on business of the Board, shall receive
actual necessary travel and subsistence expenses while so
serving away from their places of residence.
(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17;
revised 7-17-19.)
 
Article 125.

 
    Section 125-1. Short title. This Article may be cited as
the Health and Human Services Task Force and Study Act.
References in this Article to "this Act" mean this Article.
 
    Section 125-5. Findings. The General Assembly finds that:
        (1) The State is committed to improving the health and
    well-being of Illinois residents and families.
        (2) According to data collected by the Kaiser
    Foundation, Illinois had over 905,000 uninsured residents
    in 2019, with a total uninsured rate of 7.3%.
        (3) Many Illinois residents and families who have
    health insurance cannot afford to use it due to high
    deductibles and cost sharing.
        (4) Lack of access to affordable health care services
    disproportionately affects minority communities
    throughout the State, leading to poorer health outcomes
    among those populations.
        (5) Illinois Medicaid beneficiaries are not receiving
    the coordinated and effective care they need to support
    their overall health and well-being.
        (6) Illinois has an opportunity to improve the health
    and well-being of a historically underserved and
    vulnerable population by providing more coordinated and
    higher quality care to its Medicaid beneficiaries.
        (7) The State of Illinois has a responsibility to help
    crime victims access justice, assistance, and the support
    they need to heal.
        (8) Research has shown that people who are repeatedly
    victimized are more likely to face mental health problems
    such as depression, anxiety, and symptoms related to
    post-traumatic stress disorder and chronic trauma.
        (9) Trauma-informed care has been promoted and
    established in communities across the country on a
    bipartisan basis, and numerous federal agencies have
    integrated trauma-informed approaches into their programs
    and grants, which should be leveraged by the State of
    Illinois.
        (10) Infants, children, and youth and their families
    who have experienced or are at risk of experiencing
    trauma, including those who are low-income, homeless,
    involved with the child welfare system, involved in the
    juvenile or adult justice system, unemployed, or not
    enrolled in or at risk of dropping out of an educational
    institution and live in a community that has faced acute
    or long-term exposure to substantial discrimination,
    historical oppression, intergenerational poverty, a high
    rate of violence or drug overdose deaths, should have an
    opportunity for improved outcomes; this means increasing
    access to greater opportunities to meet educational,
    employment, health, developmental, community reentry,
    permanency from foster care, or other key goals.
 
    Section 125-10. Health and Human Services Task Force. The
Health and Human Services Task Force is created within the
Department of Human Services to undertake a systematic review
of health and human service departments and programs with the
goal of improving health and human service outcomes for
Illinois residents.
 
    Section 125-15. Study.
    (1) The Task Force shall review all health and human
service departments and programs and make recommendations for
achieving a system that will improve interagency
interoperability with respect to improving access to
healthcare, healthcare disparities, workforce competency and
diversity, social determinants of health, and data sharing and
collection. These recommendations shall include, but are not
limited to, the following elements:
        (i) impact on infant and maternal mortality;
        (ii) impact of hospital closures, including safety-net
    hospitals, on local communities; and
        (iii) impact on Medicaid Managed Care Organizations.
    (2) The Task Force shall review and make recommendations
on ways the Medicaid program can partner and cooperate with
other agencies, including but not limited to the Department of
Agriculture, the Department of Insurance, the Department of
Human Services, the Department of Labor, the Environmental
Protection Agency, and the Department of Public Health, to
better address social determinants of public health,
including, but not limited to, food deserts, affordable
housing, environmental pollutions, employment, education, and
public support services. This shall include a review and
recommendations on ways Medicaid and the agencies can share
costs related to better health outcomes.
    (3) The Task Force shall review the current partnership,
communication, and cooperation between Federally Qualified
Health Centers (FQHCs) and safety-net hospitals in Illinois
and make recommendations on public policies that will improve
interoperability and cooperations between these entities in
order to achieve improved coordinated care and better health
outcomes for vulnerable populations in the State.
    (4) The Task Force shall review and examine public
policies affecting trauma and social determinants of health,
including trauma-informed care, and make recommendations on
ways to improve and integrate trauma-informed approaches into
programs and agencies in the State, including, but not limited
to, Medicaid and other health care programs administered by
the State, and increase awareness of trauma and its effects on
communities across Illinois.
    (5) The Task Force shall review and examine the connection
between access to education and health outcomes particularly
in African American and minority communities and make
recommendations on public policies to address any gaps or
deficiencies.
 
    Section 125-20. Membership; appointments; meetings;
support.
    (1) The Task Force shall include representation from both
public and private organizations, and its membership shall
reflect regional, racial, and cultural diversity to ensure
representation of the needs of all Illinois citizens. Task
Force members shall include one member appointed by the
President of the Senate, one member appointed by the Minority
Leader of the Senate, one member appointed by the Speaker of
the House of Representatives, one member appointed by the
Minority Leader of the House of Representatives, and other
members appointed by the Governor. The Governor's appointments
shall include, without limitation, the following:
        (A) One member of the Senate, appointed by the Senate
    President, who shall serve as Co-Chair;
        (B) One member of the House of Representatives,
    appointed by the Speaker of the House, who shall serve as
    Co-Chair;
        (C) Eight members of the General Assembly representing
    each of the majority and minority caucuses of each
    chamber.
        (D) The Directors or Secretaries of the following
    State agencies or their designees:
            (i) Department of Human Services.
            (ii) Department of Children and Family Services.
            (iii) Department of Healthcare and Family
        Services.
            (iv) State Board of Education.
            (v) Department on Aging.
            (vi) Department of Public Health.
            (vii) Department of Veterans' Affairs.
            (viii) Department of Insurance.
        (E) Local government stakeholders and nongovernmental
    stakeholders with an interest in human services, including
    representation among the following private-sector fields
    and constituencies:
            (i) Early childhood education and development.
            (ii) Child care.
            (iii) Child welfare.
            (iv) Youth services.
            (v) Developmental disabilities.
            (vi) Mental health.
            (vii) Employment and training.
            (viii) Sexual and domestic violence.
            (ix) Alcohol and substance abuse.
            (x) Local community collaborations among human
        services programs.
            (xi) Immigrant services.
            (xii) Affordable housing.
            (xiii) Food and nutrition.
            (xiv) Homelessness.
            (xv) Older adults.
            (xvi) Physical disabilities.
            (xvii) Maternal and child health.
            (xviii) Medicaid managed care organizations.
            (xix) Healthcare delivery.
            (xx) Health insurance.
    (2) Members shall serve without compensation for the
duration of the Task Force.
    (3) In the event of a vacancy, the appointment to fill the
vacancy shall be made in the same manner as the original
appointment.
    (4) The Task Force shall convene within 60 days after the
effective date of this Act. The initial meeting of the Task
Force shall be convened by the co-chair selected by the
Governor. Subsequent meetings shall convene at the call of the
co-chairs. The Task Force shall meet on a quarterly basis, or
more often if necessary.
    (5) The Department of Human Services shall provide
administrative support to the Task Force.
 
    Section 125-25. Report. The Task Force shall report to the
Governor and the General Assembly on the Task Force's progress
toward its goals and objectives by June 30, 2021, and every
June 30 thereafter.
 
    Section 125-30. Transparency. In addition to whatever
policies or procedures it may adopt, all operations of the
Task Force shall be subject to the provisions of the Freedom of
Information Act and the Open Meetings Act. This Section shall
not be construed so as to preclude other State laws from
applying to the Task Force and its activities.
 
    Section 125-40. Repeal. This Article is repealed June 30,
2023.
 
Article 130.

 
    Section 130-1. Short title. This Article may be cited as
the Anti-Racism Commission Act. References in this Article to
"this Act" mean this Article.
 
    Section 130-5. Findings. The General Assembly finds and
declares all of the following:
        (1) Public health is the science and art of preventing
    disease, of protecting and improving the health of people,
    entire populations, and their communities; this work is
    achieved by promoting healthy lifestyles and choices,
    researching disease, and preventing injury.
        (2) Public health professionals try to prevent
    problems from happening or recurring through implementing
    educational programs, recommending policies,
    administering services, and limiting health disparities
    through the promotion of equitable and accessible
    healthcare.
        (3) According to the Centers for Disease Control and
    Prevention, racism and segregation in the State of
    Illinois have exacerbated a health divide, resulting in
    Black residents having lower life expectancies than white
    citizens of this State and being far more likely than
    other races to die prematurely (before the age of 75) and
    to die of heart disease or stroke; Black residents of
    Illinois have a higher level of infant mortality, lower
    birth weight babies, and are more likely to be overweight
    or obese as adults, have adult diabetes, and have
    long-term complications from diabetes that exacerbate
    other conditions, including the susceptibility to
    COVID-19.
        (4) Black and Brown people are more likely to
    experience poor health outcomes as a consequence of their
    social determinants of health, health inequities stemming
    from economic instability, education, physical
    environment, food, and access to health care systems.
        (5) Black residents in Illinois are more likely than
    white residents to experience violence-related trauma as a
    result of socioeconomic conditions resulting from systemic
    racism.
        (6) Racism is a social system with multiple dimensions
    in which individual racism is internalized or
    interpersonal and systemic racism is institutional or
    structural and is a system of structuring opportunity and
    assigning value based on the social interpretation of how
    one looks; this unfairly disadvantages specific
    individuals and communities, while unfairly giving
    advantages to other individuals and communities; it saps
    the strength of the whole society through the waste of
    human resources.
        (7) Racism causes persistent racial discrimination
    that influences many areas of life, including housing,
    education, employment, and criminal justice; an emerging
    body of research demonstrates that racism itself is a
    social determinant of health.
        (8) More than 100 studies have linked racism to worse
    health outcomes.
        (9) The American Public Health Association launched a
    National Campaign against Racism.
        (10) Public health's responsibilities to address
    racism include reshaping our discourse and agenda so that
    we all actively engage in racial justice work.
 
    Section 130-10. Anti-Racism Commission.
    (a) The Anti-Racism Commission is hereby created to
identify and propose statewide policies to eliminate systemic
racism and advance equitable solutions for Black and Brown
people in Illinois.
    (b) The Anti-Racism Commission shall consist of the
following members, who shall serve without compensation:
        (1) one member of the House of Representatives,
    appointed by the Speaker of the House of Representatives,
    who shall serve as co-chair;
        (2) one member of the Senate, appointed by the Senate
    President, who shall serve as co-chair;
        (3) one member of the House of Representatives,
    appointed by the Minority Leader of the House of
    Representatives;
        (4) one member of the Senate, appointed by the
    Minority Leader of the Senate;
        (5) the Director of Public Health, or his or her
    designee;
        (6) the Chair of the House Black Caucus;
        (7) the Chair of the Senate Black Caucus;
        (8) the Chair of the Joint Legislative Black Caucus;
        (9) the director of a statewide association
    representing public health departments, appointed by the
    Speaker of the House of Representatives;
        (10) the Chair of the House Latino Caucus;
        (11) the Chair of the Senate Latino Caucus;
        (12) one community member appointed by the House Black
    Caucus Chair;
        (13) one community member appointed by the Senate
    Black Caucus Chair;
        (14) one community member appointed by the House
    Latino Caucus Chair; and
        (15) one community member appointed by the Senate
    Latino Caucus Chair.
    (c) The Department of Public Health shall provide
administrative support for the Commission.
    (d) The Commission is charged with, but not limited to,
the following tasks:
        (1) Working to create an equity and justice-oriented
    State government.
        (2) Assessing the policy and procedures of all State
    agencies to ensure racial equity is a core element of
    State government.
        (3) Developing and incorporating into the
    organizational structure of State government a plan for
    educational efforts to understand, address, and dismantle
    systemic racism in government actions.
        (4) Recommending and advocating for policies that
    improve health in Black and Brown people and support
    local, State, regional, and federal initiatives that
    advance efforts to dismantle systemic racism.
        (5) Working to build alliances and partnerships with
    organizations that are confronting racism and encouraging
    other local, State, regional, and national entities to
    recognize racism as a public health crisis.
        (6) Promoting community engagement, actively engaging
    citizens on issues of racism and assisting in providing
    tools to engage actively and authentically with Black and
    Brown people.
        (7) Reviewing all portions of codified State laws
    through the lens of racial equity.
        (8) Working with the Department of Central Management
    Services to update policies that encourage diversity in
    human resources, including hiring, board appointments, and
    vendor selection by agencies, and to review all grant
    management activities with an eye toward equity and
    workforce development.
        (9) Recommending policies that promote racially
    equitable economic and workforce development practices.
        (10) Promoting and supporting all policies that
    prioritize the health of all people, especially people of
    color, by mitigating exposure to adverse childhood
    experiences and trauma in childhood and ensuring
    implementation of health and equity in all policies.
        (11) Encouraging community partners and stakeholders
    in the education, employment, housing, criminal justice,
    and safety arenas to recognize racism as a public health
    crisis and to implement policy recommendations.
        (12) Identifying clear goals and objectives, including
    specific benchmarks, to assess progress.
        (13) Holding public hearings across Illinois to
    continue to explore and to recommend needed action by the
    General Assembly.
        (14) Working with the Governor and the General
    Assembly to identify the necessary funds to support the
    Anti-Racism Commission and its endeavors.
        (15) Identifying resources to allocate to Black and
    Brown communities on an annual basis.
        (16) Encouraging corporate investment in anti-racism
    policies in Black and Brown communities.
    (e) The Commission shall submit its final report to the
Governor and the General Assembly no later than December 31,
2021. The Commission is dissolved upon the filing of its
report.
 
    Section 130-15. Repeal. This Article is repealed on
January 1, 2023.
 
Article 131.

 
    Section 131-1. Short title. This Article may be cited as
the Sickle Cell Prevention, Care, and Treatment Program Act.
References in this Article to "this Act" mean this Article.
 
    Section 131-5. Definitions. As used in this Act:
    "Department" means the Department of Public Health.
    "Program" means the Sickle Cell Prevention, Care, and
Treatment Program.
 
    Section 131-10. Sickle Cell Prevention, Care, and
Treatment Program. The Department shall establish a grant
program for the purpose of providing for the prevention, care,
and treatment of sickle cell disease and for educational
programs concerning the disease.
 
    Section 131-15. Grants; eligibility standards.
    (a) The Department shall do the following:
        (1)(A) Develop application criteria and standards of
    eligibility for groups or organizations who apply for
    funds under the program.
        (B) Make available grants to groups and organizations
    who meet the eligibility standards set by the Department.
    However:
            (i) the highest priority for grants shall be
        accorded to established sickle cell disease
        community-based organizations throughout Illinois; and
            (ii) priority shall also be given to ensuring the
        establishment of sickle cell disease centers in
        underserved areas that have a higher population of
        sickle cell disease patients.
        (2) Determine the maximum amount available for each
    grant provided under subparagraph (B) of paragraph (1).
        (3) Determine policies for the expiration and renewal
    of grants provided under subparagraph (B) of paragraph
    (1).
        (4) Require that all grant funds be used for the
    purpose of prevention, care, and treatment of sickle cell
    disease or for educational programs concerning the
    disease. Grant funds shall be used for one or more of the
    following purposes:
            (A) Assisting in the development and expansion of
        care for the treatment of individuals with sickle cell
        disease, particularly for adults, including the
        following types of care:
                (i) Self-administered care.
                (ii) Preventive care.
                (iii) Home care.
                (iv) Other evidence-based medical procedures
            and techniques designed to provide maximum control
            over sickling episodes typical of occurring to an
            individual with the disease.
            (B) Increasing access to health care for
        individuals with sickle cell disease.
            (C) Establishing additional sickle cell disease
        infusion centers.
            (D) Increasing access to mental health resources
        and pain management therapies for individuals with
        sickle cell disease.
            (E) Providing counseling to any individual, at no
        cost, concerning sickle cell disease and sickle cell
        trait, and the characteristics, symptoms, and
        treatment of the disease.
                (i) The counseling described in this
            subparagraph (E) may consist of any of the
            following:
                    (I) Genetic counseling for an individual
                who tests positive for the sickle cell trait.
                    (II) Psychosocial counseling for an
                individual who tests positive for sickle cell
                disease, including any of the following:
                        (aa) Social service counseling.
                        (bb) Psychological counseling.
                        (cc) Psychiatric counseling.
        (5) Develop a sickle cell disease educational outreach
    program that includes the dissemination of educational
    materials to the following concerning sickle cell disease
    and sickle cell trait:
            (A) Medical residents.
            (B) Immigrants.
            (C) Schools and universities.
        (6) Adopt any rules necessary to implement the
    provisions of this Act.
    (b) The Department may contract with an entity to
implement the sickle cell disease educational outreach program
described in paragraph (5) of subsection (a).
 
    Section 131-20. Sickle Cell Chronic Disease Fund.
    (a) The Sickle Cell Chronic Disease Fund is created as a
special fund in the State treasury for the purpose of carrying
out the provisions of this Act and for no other purpose. The
Fund shall be administered by the Department. Expenditures
from the Fund shall be subject to appropriation.
    (b) The Fund shall consist of:
        (1) Any moneys appropriated to the Department for the
    Sickle Cell Prevention, Care, and Treatment Program.
        (2) Gifts, bequests, and other sources of funding.
        (3) All interest earned on moneys in the Fund.
 
    Section 131-25. Study.
    (a) Before July 1, 2022, and on a biennial basis
thereafter, the Department, with the assistance of:
        (1) the Center for Minority Health Services;
        (2) health care providers that treat individuals with
    sickle cell disease;
        (3) individuals diagnosed with sickle cell disease;
        (4) representatives of community-based organizations
    that serve individuals with sickle cell disease; and
        (5) data collected via newborn screening for sickle
    cell disease;
shall perform a study to determine the prevalence, impact, and
needs of individuals with sickle cell disease and the sickle
cell trait in Illinois.
    (b) The study must include the following:
        (1) The prevalence, by geographic location, of
    individuals diagnosed with sickle cell disease in
    Illinois.
        (2) The prevalence, by geographic location, of
    individuals diagnosed as sickle cell trait carriers in
    Illinois.
        (3) The availability and affordability of screening
    services in Illinois for the sickle cell trait.
        (4) The location and capacity of the following for the
    treatment of sickle cell disease and sickle cell trait
    carriers:
            (A) Treatment centers.
            (B) Clinics.
            (C) Community-based social service organizations.
            (D) Medical specialists.
        (5) The unmet medical, psychological, and social needs
    encountered by individuals in Illinois with sickle cell
    disease.
        (6) The underserved areas of Illinois for the
    treatment of sickle cell disease.
        (7) Recommendations for actions to address any
    shortcomings in the State identified under this Section.
    (c) The Department shall submit a report on the study
performed under this Section to the General Assembly.
 
    Section 131-30. Implementation subject to appropriation.
Implementation of this Act is subject to appropriation.
 
    Section 131-90. The State Finance Act is amended by adding
Section 5.937 as follows:
 
    (30 ILCS 105/5.937 new)
    Sec. 5.937. The Sickle Cell Chronic Disease Fund.
 
Title VII. Hospital Closure

 
Article 135.

 
    Section 135-5. The Illinois Health Facilities Planning Act
is amended by changing Sections 4, 5.4, and 8.7 as follows:
 
    (20 ILCS 3960/4)  (from Ch. 111 1/2, par. 1154)
    (Section scheduled to be repealed on December 31, 2029)
    Sec. 4. Health Facilities and Services Review Board;
membership; appointment; term; compensation; quorum.
    (a) There is created the Health Facilities and Services
Review Board, which shall perform the functions described in
this Act. The Department shall provide operational support to
the Board as necessary, including the provision of office
space, supplies, and clerical, financial, and accounting
services. The Board may contract for functions or operational
support as needed. The Board may also contract with experts
related to specific health services or facilities and create
technical advisory panels to assist in the development of
criteria, standards, and procedures used in the evaluation of
applications for permit and exemption.
    (b) The State Board shall consist of 11 9 voting members.
All members shall be residents of Illinois and at least 4 shall
reside outside the Chicago Metropolitan Statistical Area.
Consideration shall be given to potential appointees who
reflect the ethnic and cultural diversity of the State.
Neither Board members nor Board staff shall be convicted
felons or have pled guilty to a felony.
    Each member shall have a reasonable knowledge of the
practice, procedures and principles of the health care
delivery system in Illinois, including at least 5 members who
shall be knowledgeable about health care delivery systems,
health systems planning, finance, or the management of health
care facilities currently regulated under the Act. One member
shall be a representative of a non-profit health care consumer
advocacy organization. One member shall be a representative
from the community with experience on the effects of
discontinuing health care services or the closure of health
care facilities on the surrounding community; provided,
however, that all other members of the Board shall be
appointed before this member shall be appointed. A spouse,
parent, sibling, or child of a Board member cannot be an
employee, agent, or under contract with services or facilities
subject to the Act. Prior to appointment and in the course of
service on the Board, members of the Board shall disclose the
employment or other financial interest of any other relative
of the member, if known, in service or facilities subject to
the Act. Members of the Board shall declare any conflict of
interest that may exist with respect to the status of those
relatives and recuse themselves from voting on any issue for
which a conflict of interest is declared. No person shall be
appointed or continue to serve as a member of the State Board
who is, or whose spouse, parent, sibling, or child is, a member
of the Board of Directors of, has a financial interest in, or
has a business relationship with a health care facility.
    Notwithstanding any provision of this Section to the
contrary, the term of office of each member of the State Board
serving on the day before the effective date of this
amendatory Act of the 96th General Assembly is abolished on
the date upon which members of the 9-member Board, as
established by this amendatory Act of the 96th General
Assembly, have been appointed and can begin to take action as a
Board.
    (c) The State Board shall be appointed by the Governor,
with the advice and consent of the Senate. Not more than 6 5 of
the appointments shall be of the same political party at the
time of the appointment.
    The Secretary of Human Services, the Director of
Healthcare and Family Services, and the Director of Public
Health, or their designated representatives, shall serve as
ex-officio, non-voting members of the State Board.
    (d) Of those 9 members initially appointed by the Governor
following the effective date of this amendatory Act of the
96th General Assembly, 3 shall serve for terms expiring July
1, 2011, 3 shall serve for terms expiring July 1, 2012, and 3
shall serve for terms expiring July 1, 2013. Thereafter, each
appointed member shall hold office for a term of 3 years,
provided that any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his or her
predecessor was appointed shall be appointed for the remainder
of such term and the term of office of each successor shall
commence on July 1 of the year in which his predecessor's term
expires. Each member shall hold office until his or her
successor is appointed and qualified. The Governor may
reappoint a member for additional terms, but no member shall
serve more than 3 terms, subject to review and re-approval
every 3 years.
    (e) State Board members, while serving on business of the
State Board, shall receive actual and necessary travel and
subsistence expenses while so serving away from their places
of residence. Until March 1, 2010, a member of the State Board
who experiences a significant financial hardship due to the
loss of income on days of attendance at meetings or while
otherwise engaged in the business of the State Board may be
paid a hardship allowance, as determined by and subject to the
approval of the Governor's Travel Control Board.
    (f) The Governor shall designate one of the members to
serve as the Chairman of the Board, who shall be a person with
expertise in health care delivery system planning, finance or
management of health care facilities that are regulated under
the Act. The Chairman shall annually review Board member
performance and shall report the attendance record of each
Board member to the General Assembly.
    (g) The State Board, through the Chairman, shall prepare a
separate and distinct budget approved by the General Assembly
and shall hire and supervise its own professional staff
responsible for carrying out the responsibilities of the
Board.
    (h) The State Board shall meet at least every 45 days, or
as often as the Chairman of the State Board deems necessary, or
upon the request of a majority of the members.
    (i) Six Five members of the State Board shall constitute a
quorum. The affirmative vote of 6 5 of the members of the State
Board shall be necessary for any action requiring a vote to be
taken by the State Board. A vacancy in the membership of the
State Board shall not impair the right of a quorum to exercise
all the rights and perform all the duties of the State Board as
provided by this Act.
    (j) A State Board member shall disqualify himself or
herself from the consideration of any application for a permit
or exemption in which the State Board member or the State Board
member's spouse, parent, sibling, or child: (i) has an
economic interest in the matter; or (ii) is employed by,
serves as a consultant for, or is a member of the governing
board of the applicant or a party opposing the application.
    (k) The Chairman, Board members, and Board staff must
comply with the Illinois Governmental Ethics Act.
(Source: P.A. 99-527, eff. 1-1-17; 100-681, eff. 8-3-18.)
 
    (20 ILCS 3960/5.4)
    (Section scheduled to be repealed on December 31, 2029)
    Sec. 5.4. Safety Net Impact Statement.
    (a) General review criteria shall include a requirement
that all health care facilities, with the exception of skilled
and intermediate long-term care facilities licensed under the
Nursing Home Care Act, provide a Safety Net Impact Statement,
which shall be filed with an application for a substantive
project or when the application proposes to discontinue a
category of service.
    (b) For the purposes of this Section, "safety net
services" are services provided by health care providers or
organizations that deliver health care services to persons
with barriers to mainstream health care due to lack of
insurance, inability to pay, special needs, ethnic or cultural
characteristics, or geographic isolation. Safety net service
providers include, but are not limited to, hospitals and
private practice physicians that provide charity care,
school-based health centers, migrant health clinics, rural
health clinics, federally qualified health centers, community
health centers, public health departments, and community
mental health centers.
    (c) As developed by the applicant, a Safety Net Impact
Statement shall describe all of the following:
        (1) The project's material impact, if any, on
    essential safety net services in the community, including
    the impact on racial and health care disparities in the
    community, to the extent that it is feasible for an
    applicant to have such knowledge.
        (2) The project's impact on the ability of another
    provider or health care system to cross-subsidize safety
    net services, if reasonably known to the applicant.
        (3) How the discontinuation of a facility or service
    might impact the remaining safety net providers in a given
    community, if reasonably known by the applicant.
    (d) Safety Net Impact Statements shall also include all of
the following:
        (1) For the 3 fiscal years prior to the application, a
    certification describing the amount of charity care
    provided by the applicant. The amount calculated by
    hospital applicants shall be in accordance with the
    reporting requirements for charity care reporting in the
    Illinois Community Benefits Act. Non-hospital applicants
    shall report charity care, at cost, in accordance with an
    appropriate methodology specified by the Board.
        (2) For the 3 fiscal years prior to the application, a
    certification of the amount of care provided to Medicaid
    patients. Hospital and non-hospital applicants shall
    provide Medicaid information in a manner consistent with
    the information reported each year to the State Board
    regarding "Inpatients and Outpatients Served by Payor
    Source" and "Inpatient and Outpatient Net Revenue by Payor
    Source" as required by the Board under Section 13 of this
    Act and published in the Annual Hospital Profile.
        (3) Any information the applicant believes is directly
    relevant to safety net services, including information
    regarding teaching, research, and any other service.
    (e) The Board staff shall publish a notice, that an
application accompanied by a Safety Net Impact Statement has
been filed, in a newspaper having general circulation within
the area affected by the application. If no newspaper has a
general circulation within the county, the Board shall post
the notice in 5 conspicuous places within the proposed area.
    (f) Any person, community organization, provider, or
health system or other entity wishing to comment upon or
oppose the application may file a Safety Net Impact Statement
Response with the Board, which shall provide additional
information concerning a project's impact on safety net
services in the community.
    (g) Applicants shall be provided an opportunity to submit
a reply to any Safety Net Impact Statement Response.
    (h) The State Board Staff Report shall include a statement
as to whether a Safety Net Impact Statement was filed by the
applicant and whether it included information on charity care,
the amount of care provided to Medicaid patients, and
information on teaching, research, or any other service
provided by the applicant directly relevant to safety net
services. The report shall also indicate the names of the
parties submitting responses and the number of responses and
replies, if any, that were filed.
(Source: P.A. 100-518, eff. 6-1-18.)
 
    (20 ILCS 3960/8.7)
    (Section scheduled to be repealed on December 31, 2029)
    Sec. 8.7. Application for permit for discontinuation of a
health care facility or category of service; public notice and
public hearing.
    (a) Upon a finding that an application to close a health
care facility or discontinue a category of service is
complete, the State Board shall publish a legal notice on 3
consecutive days in a newspaper of general circulation in the
area or community to be affected and afford the public an
opportunity to request a hearing. If the application is for a
facility located in a Metropolitan Statistical Area, an
additional legal notice shall be published in a newspaper of
limited circulation, if one exists, in the area in which the
facility is located. If the newspaper of limited circulation
is published on a daily basis, the additional legal notice
shall be published on 3 consecutive days. The legal notice
shall also be posted on the Health Facilities and Services
Review Board's website and sent to the State Representative
and State Senator of the district in which the health care
facility is located. In addition, the health care facility
shall provide notice of closure to the local media that the
health care facility would routinely notify about facility
events.
    An application to close a health care facility shall only
be deemed complete if it includes evidence that the health
care facility provided written notice at least 30 days prior
to filing the application of its intent to do so to the
municipality in which it is located, the State Representative
and State Senator of the district in which the health care
facility is located, the State Board, the Director of Public
Health, and the Director of Healthcare and Family Services.
The changes made to this subsection by this amendatory Act of
the 101st General Assembly shall apply to all applications
submitted after the effective date of this amendatory Act of
the 101st General Assembly.
    (b) No later than 30 days after issuance of a permit to
close a health care facility or discontinue a category of
service, the permit holder shall give written notice of the
closure or discontinuation to the State Senator and State
Representative serving the legislative district in which the
health care facility is located.
    (c)(1) If there is a pending lawsuit that challenges an
application to discontinue a health care facility that either
names the Board as a party or alleges fraud in the filing of
the application, the Board may defer action on the application
for up to 6 months after the date of the initial deferral of
the application.
    (2) The Board may defer action on an application to
discontinue a hospital that is pending before the Board as of
the effective date of this amendatory Act of the 102nd General
Assembly for up to 60 days after the effective date of this
amendatory Act of the 102nd General Assembly.
    (3) The Board may defer taking final action on an
application to discontinue a hospital that is filed on or
after January 12, 2021, until the earlier to occur of: (i) the
expiration of the statewide disaster declaration proclaimed by
the Governor of the State of Illinois due to the COVID-19
pandemic that is in effect on January 12, 2021, or any
extension thereof, or July 1, 2021, whichever occurs later; or
(ii) the expiration of the declaration of a public health
emergency due to the COVID-19 pandemic as declared by the
Secretary of the U.S. Department of Health and Human Services
that is in effect on January 12, 2021, or any extension
thereof, or July 1, 2021, whichever occurs later. This
paragraph (3) is repealed as of the date of the expiration of
the statewide disaster declaration proclaimed by the Governor
of the State of Illinois due to the COVID-19 pandemic that is
in effect on January 12, 2021, or any extension thereof, or
July 1, 2021, whichever occurs later.
    (d) The changes made to this Section by this amendatory
Act of the 101st General Assembly shall apply to all
applications submitted after the effective date of this
amendatory Act of the 101st General Assembly.
(Source: P.A. 101-83, eff. 7-15-19; 101-650, eff. 7-7-20.)
 
Title VIII. Managed Care Organization Reform

 
Article 150.

 
    Section 150-5. The Illinois Public Aid Code is amended by
changing Section 5-30.1 as follows:
 
    (305 ILCS 5/5-30.1)
    Sec. 5-30.1. Managed care protections.
    (a) As used in this Section:
    "Managed care organization" or "MCO" means any entity
which contracts with the Department to provide services where
payment for medical services is made on a capitated basis.
    "Emergency services" include:
        (1) emergency services, as defined by Section 10 of
    the Managed Care Reform and Patient Rights Act;
        (2) emergency medical screening examinations, as
    defined by Section 10 of the Managed Care Reform and
    Patient Rights Act;
        (3) post-stabilization medical services, as defined by
    Section 10 of the Managed Care Reform and Patient Rights
    Act; and
        (4) emergency medical conditions, as defined by
    Section 10 of the Managed Care Reform and Patient Rights
    Act.
    (b) As provided by Section 5-16.12, managed care
organizations are subject to the provisions of the Managed
Care Reform and Patient Rights Act.
    (c) An MCO shall pay any provider of emergency services
that does not have in effect a contract with the contracted
Medicaid MCO. The default rate of reimbursement shall be the
rate paid under Illinois Medicaid fee-for-service program
methodology, including all policy adjusters, including but not
limited to Medicaid High Volume Adjustments, Medicaid
Percentage Adjustments, Outpatient High Volume Adjustments,
and all outlier add-on adjustments to the extent such
adjustments are incorporated in the development of the
applicable MCO capitated rates.
    (d) An MCO shall pay for all post-stabilization services
as a covered service in any of the following situations:
        (1) the MCO authorized such services;
        (2) such services were administered to maintain the
    enrollee's stabilized condition within one hour after a
    request to the MCO for authorization of further
    post-stabilization services;
        (3) the MCO did not respond to a request to authorize
    such services within one hour;
        (4) the MCO could not be contacted; or
        (5) the MCO and the treating provider, if the treating
    provider is a non-affiliated provider, could not reach an
    agreement concerning the enrollee's care and an affiliated
    provider was unavailable for a consultation, in which case
    the MCO must pay for such services rendered by the
    treating non-affiliated provider until an affiliated
    provider was reached and either concurred with the
    treating non-affiliated provider's plan of care or assumed
    responsibility for the enrollee's care. Such payment shall
    be made at the default rate of reimbursement paid under
    Illinois Medicaid fee-for-service program methodology,
    including all policy adjusters, including but not limited
    to Medicaid High Volume Adjustments, Medicaid Percentage
    Adjustments, Outpatient High Volume Adjustments and all
    outlier add-on adjustments to the extent that such
    adjustments are incorporated in the development of the
    applicable MCO capitated rates.
    (e) The following requirements apply to MCOs in
determining payment for all emergency services:
        (1) MCOs shall not impose any requirements for prior
    approval of emergency services.
        (2) The MCO shall cover emergency services provided to
    enrollees who are temporarily away from their residence
    and outside the contracting area to the extent that the
    enrollees would be entitled to the emergency services if
    they still were within the contracting area.
        (3) The MCO shall have no obligation to cover medical
    services provided on an emergency basis that are not
    covered services under the contract.
        (4) The MCO shall not condition coverage for emergency
    services on the treating provider notifying the MCO of the
    enrollee's screening and treatment within 10 days after
    presentation for emergency services.
        (5) The determination of the attending emergency
    physician, or the provider actually treating the enrollee,
    of whether an enrollee is sufficiently stabilized for
    discharge or transfer to another facility, shall be
    binding on the MCO. The MCO shall cover emergency services
    for all enrollees whether the emergency services are
    provided by an affiliated or non-affiliated provider.
        (6) The MCO's financial responsibility for
    post-stabilization care services it has not pre-approved
    ends when:
            (A) a plan physician with privileges at the
        treating hospital assumes responsibility for the
        enrollee's care;
            (B) a plan physician assumes responsibility for
        the enrollee's care through transfer;
            (C) a contracting entity representative and the
        treating physician reach an agreement concerning the
        enrollee's care; or
            (D) the enrollee is discharged.
    (f) Network adequacy and transparency.
        (1) The Department shall:
            (A) ensure that an adequate provider network is in
        place, taking into consideration health professional
        shortage areas and medically underserved areas;
            (B) publicly release an explanation of its process
        for analyzing network adequacy;
            (C) periodically ensure that an MCO continues to
        have an adequate network in place; and
            (D) require MCOs, including Medicaid Managed Care
        Entities as defined in Section 5-30.2, to meet
        provider directory requirements under Section 5-30.3;
        and .
            (E) require MCOs to ensure that any
        Medicaid-certified provider under contract with an MCO
        and previously submitted on a roster on the date of
        service is paid for any medically necessary,
        Medicaid-covered, and authorized service rendered to
        any of the MCO's enrollees, regardless of inclusion on
        the MCO's published and publicly available directory
        of available providers.
        (2) Each MCO shall confirm its receipt of information
    submitted specific to physician or dentist additions or
    physician or dentist deletions from the MCO's provider
    network within 3 days after receiving all required
    information from contracted physicians or dentists, and
    electronic physician and dental directories must be
    updated consistent with current rules as published by the
    Centers for Medicare and Medicaid Services or its
    successor agency.
    (g) Timely payment of claims.
        (1) The MCO shall pay a claim within 30 days of
    receiving a claim that contains all the essential
    information needed to adjudicate the claim.
        (2) The MCO shall notify the billing party of its
    inability to adjudicate a claim within 30 days of
    receiving that claim.
        (3) The MCO shall pay a penalty that is at least equal
    to the timely payment interest penalty imposed under
    Section 368a of the Illinois Insurance Code for any claims
    not timely paid.
            (A) When an MCO is required to pay a timely payment
        interest penalty to a provider, the MCO must calculate
        and pay the timely payment interest penalty that is
        due to the provider within 30 days after the payment of
        the claim. In no event shall a provider be required to
        request or apply for payment of any owed timely
        payment interest penalties.
            (B) Such payments shall be reported separately
        from the claim payment for services rendered to the
        MCO's enrollee and clearly identified as interest
        payments.
        (4)(A) The Department shall require MCOs to expedite
    payments to providers identified on the Department's
    expedited provider list, determined in accordance with 89
    Ill. Adm. Code 140.71(b), on a schedule at least as
    frequently as the providers are paid under the
    Department's fee-for-service expedited provider schedule.
            (B) Compliance with the expedited provider
        requirement may be satisfied by an MCO through the use
        of a Periodic Interim Payment (PIP) program that has
        been mutually agreed to and documented between the MCO
        and the provider, if and the PIP program ensures that
        any expedited provider receives regular and periodic
        payments based on prior period payment experience from
        that MCO. Total payments under the PIP program may be
        reconciled against future PIP payments on a schedule
        mutually agreed to between the MCO and the provider.
            (C) The Department shall share at least monthly
        its expedited provider list and the frequency with
        which it pays providers on the expedited list.
    (g-5) Recognizing that the rapid transformation of the
Illinois Medicaid program may have unintended operational
challenges for both payers and providers:
        (1) in no instance shall a medically necessary covered
    service rendered in good faith, based upon eligibility
    information documented by the provider, be denied coverage
    or diminished in payment amount if the eligibility or
    coverage information available at the time the service was
    rendered is later found to be inaccurate in the assignment
    of coverage responsibility between MCOs or the
    fee-for-service system, except for instances when an
    individual is deemed to have not been eligible for
    coverage under the Illinois Medicaid program; and
        (2) the Department shall, by December 31, 2016, adopt
    rules establishing policies that shall be included in the
    Medicaid managed care policy and procedures manual
    addressing payment resolutions in situations in which a
    provider renders services based upon information obtained
    after verifying a patient's eligibility and coverage plan
    through either the Department's current enrollment system
    or a system operated by the coverage plan identified by
    the patient presenting for services:
            (A) such medically necessary covered services
        shall be considered rendered in good faith;
            (B) such policies and procedures shall be
        developed in consultation with industry
        representatives of the Medicaid managed care health
        plans and representatives of provider associations
        representing the majority of providers within the
        identified provider industry; and
            (C) such rules shall be published for a review and
        comment period of no less than 30 days on the
        Department's website with final rules remaining
        available on the Department's website.
    The rules on payment resolutions shall include, but not be
limited to:
        (A) the extension of the timely filing period;
        (B) retroactive prior authorizations; and
        (C) guaranteed minimum payment rate of no less than
    the current, as of the date of service, fee-for-service
    rate, plus all applicable add-ons, when the resulting
    service relationship is out of network.
    The rules shall be applicable for both MCO coverage and
fee-for-service coverage.
    If the fee-for-service system is ultimately determined to
have been responsible for coverage on the date of service, the
Department shall provide for an extended period for claims
submission outside the standard timely filing requirements.
    (g-6) MCO Performance Metrics Report.
        (1) The Department shall publish, on at least a
    quarterly basis, each MCO's operational performance,
    including, but not limited to, the following categories of
    metrics:
            (A) claims payment, including timeliness and
        accuracy;
            (B) prior authorizations;
            (C) grievance and appeals;
            (D) utilization statistics;
            (E) provider disputes;
            (F) provider credentialing; and
            (G) member and provider customer service.
        (2) The Department shall ensure that the metrics
    report is accessible to providers online by January 1,
    2017.
        (3) The metrics shall be developed in consultation
    with industry representatives of the Medicaid managed care
    health plans and representatives of associations
    representing the majority of providers within the
    identified industry.
        (4) Metrics shall be defined and incorporated into the
    applicable Managed Care Policy Manual issued by the
    Department.
    (g-7) MCO claims processing and performance analysis. In
order to monitor MCO payments to hospital providers, pursuant
to this amendatory Act of the 100th General Assembly, the
Department shall post an analysis of MCO claims processing and
payment performance on its website every 6 months. Such
analysis shall include a review and evaluation of a
representative sample of hospital claims that are rejected and
denied for clean and unclean claims and the top 5 reasons for
such actions and timeliness of claims adjudication, which
identifies the percentage of claims adjudicated within 30, 60,
90, and over 90 days, and the dollar amounts associated with
those claims. The Department shall post the contracted claims
report required by HealthChoice Illinois on its website every
3 months.
    (g-8) Dispute resolution process. The Department shall
maintain a provider complaint portal through which a provider
can submit to the Department unresolved disputes with an MCO.
An unresolved dispute means an MCO's decision that denies in
whole or in part a claim for reimbursement to a provider for
health care services rendered by the provider to an enrollee
of the MCO with which the provider disagrees. Disputes shall
not be submitted to the portal until the provider has availed
itself of the MCO's internal dispute resolution process.
Disputes that are submitted to the MCO internal dispute
resolution process may be submitted to the Department of
Healthcare and Family Services' complaint portal no sooner
than 30 days after submitting to the MCO's internal process
and not later than 30 days after the unsatisfactory resolution
of the internal MCO process or 60 days after submitting the
dispute to the MCO internal process. Multiple claim disputes
involving the same MCO may be submitted in one complaint,
regardless of whether the claims are for different enrollees,
when the specific reason for non-payment of the claims
involves a common question of fact or policy. Within 10
business days of receipt of a complaint, the Department shall
present such disputes to the appropriate MCO, which shall then
have 30 days to issue its written proposal to resolve the
dispute. The Department may grant one 30-day extension of this
time frame to one of the parties to resolve the dispute. If the
dispute remains unresolved at the end of this time frame or the
provider is not satisfied with the MCO's written proposal to
resolve the dispute, the provider may, within 30 days, request
the Department to review the dispute and make a final
determination. Within 30 days of the request for Department
review of the dispute, both the provider and the MCO shall
present all relevant information to the Department for
resolution and make individuals with knowledge of the issues
available to the Department for further inquiry if needed.
Within 30 days of receiving the relevant information on the
dispute, or the lapse of the period for submitting such
information, the Department shall issue a written decision on
the dispute based on contractual terms between the provider
and the MCO, contractual terms between the MCO and the
Department of Healthcare and Family Services and applicable
Medicaid policy. The decision of the Department shall be
final. By January 1, 2020, the Department shall establish by
rule further details of this dispute resolution process.
Disputes between MCOs and providers presented to the
Department for resolution are not contested cases, as defined
in Section 1-30 of the Illinois Administrative Procedure Act,
conferring any right to an administrative hearing.
    (g-9)(1) The Department shall publish annually on its
website a report on the calculation of each managed care
organization's medical loss ratio showing the following:
        (A) Premium revenue, with appropriate adjustments.
        (B) Benefit expense, setting forth the aggregate
    amount spent for the following:
            (i) Direct paid claims.
            (ii) Subcapitation payments.
            (iii) Other claim payments.
            (iv) Direct reserves.
            (v) Gross recoveries.
            (vi) Expenses for activities that improve health
        care quality as allowed by the Department.
    (2) The medical loss ratio shall be calculated consistent
with federal law and regulation following a claims runout
period determined by the Department.
    (g-10)(1) "Liability effective date" means the date on
which an MCO becomes responsible for payment for medically
necessary and covered services rendered by a provider to one
of its enrollees in accordance with the contract terms between
the MCO and the provider. The liability effective date shall
be the later of:
        (A) The execution date of a network participation
    contract agreement.
        (B) The date the provider or its representative
    submits to the MCO the complete and accurate standardized
    roster form for the provider in the format approved by the
    Department.
        (C) The provider effective date contained within the
    Department's provider enrollment subsystem within the
    Illinois Medicaid Program Advanced Cloud Technology
    (IMPACT) System.
    (2) The standardized roster form may be submitted to the
MCO at the same time that the provider submits an enrollment
application to the Department through IMPACT.
    (3) By October 1, 2019, the Department shall require all
MCOs to update their provider directory with information for
new practitioners of existing contracted providers within 30
days of receipt of a complete and accurate standardized roster
template in the format approved by the Department provided
that the provider is effective in the Department's provider
enrollment subsystem within the IMPACT system. Such provider
directory shall be readily accessible for purposes of
selecting an approved health care provider and comply with all
other federal and State requirements.
    (g-11) The Department shall work with relevant
stakeholders on the development of operational guidelines to
enhance and improve operational performance of Illinois'
Medicaid managed care program, including, but not limited to,
improving provider billing practices, reducing claim
rejections and inappropriate payment denials, and
standardizing processes, procedures, definitions, and response
timelines, with the goal of reducing provider and MCO
administrative burdens and conflict. The Department shall
include a report on the progress of these program improvements
and other topics in its Fiscal Year 2020 annual report to the
General Assembly.
    (g-12) Notwithstanding any other provision of law, if the
Department or an MCO requires submission of a claim for
payment in a non-electronic format, a provider shall always be
afforded a period of no less than 90 business days, as a
correction period, following any notification of rejection by
either the Department or the MCO to correct errors or
omissions in the original submission.
    Under no circumstances, either by an MCO or under the
State's fee-for-service system, shall a provider be denied
payment for failure to comply with any timely submission
requirements under this Code or under any existing contract,
unless the non-electronic format claim submission occurs after
the initial 180 days following the latest date of service on
the claim, or after the 90 business days correction period
following notification to the provider of rejection or denial
of payment.
    (h) The Department shall not expand mandatory MCO
enrollment into new counties beyond those counties already
designated by the Department as of June 1, 2014 for the
individuals whose eligibility for medical assistance is not
the seniors or people with disabilities population until the
Department provides an opportunity for accountable care
entities and MCOs to participate in such newly designated
counties.
    (i) The requirements of this Section apply to contracts
with accountable care entities and MCOs entered into, amended,
or renewed after June 16, 2014 (the effective date of Public
Act 98-651).
    (j) Health care information released to managed care
organizations. A health care provider shall release to a
Medicaid managed care organization, upon request, and subject
to the Health Insurance Portability and Accountability Act of
1996 and any other law applicable to the release of health
information, the health care information of the MCO's
enrollee, if the enrollee has completed and signed a general
release form that grants to the health care provider
permission to release the recipient's health care information
to the recipient's insurance carrier.
    (k) The Department of Healthcare and Family Services,
managed care organizations, a statewide organization
representing hospitals, and a statewide organization
representing safety-net hospitals shall explore ways to
support billing departments in safety-net hospitals.
    (l) The requirements of this Section added by this
amendatory Act of the 102nd General Assembly shall apply to
services provided on or after the first day of the month that
begins 60 days after the effective date of this amendatory Act
of the 102nd General Assembly.
(Source: P.A. 100-201, eff. 8-18-17; 100-580, eff. 3-12-18;
100-587, eff. 6-4-18; 101-209, eff. 8-5-19.)
 
Article 155.

 
    Section 155-5. The Illinois Public Aid Code is amended by
adding Section 5-30.17 as follows:
 
    (305 ILCS 5/5-30.17 new)
    Sec. 5-30.17. Medicaid Managed Care Oversight Commission.
    (a) The Medicaid Managed Care Oversight Commission is
created within the Department of Healthcare and Family
Services to evaluate the effectiveness of Illinois' managed
care program.
    (b) The Commission shall consist of the following members:
        (1) One member of the Senate, appointed by the Senate
    President, who shall serve as co-chair.
        (2) One member of the House of Representatives,
    appointed by the Speaker of the House of Representatives,
    who shall serve as co-chair.
        (3) One member of the House of Representatives,
    appointed by the Minority Leader of the House of
    Representatives.
        (4) One member of the Senate, appointed by the Senate
    Minority Leader.
        (5) One member representing the Department of
    Healthcare and Family Services, appointed by the Governor.
        (6) One member representing the Department of Public
    Health, appointed by the Governor.
        (7) One member representing the Department of Human
    Services, appointed by the Governor.
        (8) One member representing the Department of Children
    and Family Services, appointed by the Governor.
        (9) One member of a statewide association representing
    Medicaid managed care plans, appointed by the Governor.
        (10) One member of a statewide association
    representing a majority of hospitals, appointed by the
    Governor.
        (11) Two academic experts on Medicaid managed care
    programs, appointed by the Governor.
        (12) One member of a statewide association
    representing primary care providers, appointed by the
    Governor.
        (13) One member of a statewide association
    representing behavioral health providers, appointed by the
    Governor.
        (14) Members representing Federally Qualified Health
    Centers, a long-term care association, a dental
    association, pharmacies, pharmacists, a developmental
    disability association, a Medicaid consumer advocate, a
    Medicaid consumer, an association representing physicians,
    a behavioral health association, and an association
    representing pediatricians, appointed by the Governor.
        (15) A member of a statewide association representing
    only safety-net hospitals, appointed by the Governor.
    (c) The Director of Healthcare and Family Services and
chief of staff, or their designees, shall serve as the
Commission's executive administrators in providing
administrative support, research support, and other
administrative tasks requested by the Commission's co-chairs.
Any expenses, including, but not limited to, travel and
housing, shall be paid for by the Department's existing
budget.
    (d) The members of the Commission shall receive no
compensation for their services as members of the Commission.
    (e) The Commission shall meet quarterly beginning as soon
as is practicable after the effective date of this amendatory
Act of the 102nd General Assembly.
    (f) The Commission shall:
        (1) review data on health outcomes of Medicaid managed
    care members;
        (2) review current care coordination and case
    management efforts and make recommendations on expanding
    care coordination to additional populations with a focus
    on the social determinants of health;
        (3) review and assess the appropriateness of metrics
    used in the Pay-for-Performance programs;
        (4) review the Department's prior authorization and
    utilization management requirements and recommend
    adaptations for the Medicaid population;
        (5) review managed care performance in meeting
    diversity contracting goals and the use of funds dedicated
    to meeting such goals, including, but not limited to,
    contracting requirements set forth in the Business
    Enterprise for Minorities, Women, and Persons with
    Disabilities Act; recommend strategies to increase
    compliance with diversity contracting goals in
    collaboration with the Chief Procurement Officer for
    General Services and the Business Enterprise Council for
    Minorities, Women, and Persons with Disabilities; and
    recoup any misappropriated funds for diversity
    contracting;
        (6) review data on the effectiveness of processing to
    medical providers;
        (7) review member access to health care services in
    the Medicaid Program, including specialty care services;
        (8) review value-based and other alternative payment
    methodologies to make recommendations to enhance program
    efficiency and improve health outcomes;
        (9) review the compliance of all managed care entities
    in State contracts and recommend reasonable financial
    penalties for any noncompliance;
        (10) produce an annual report detailing the
    Commission's findings based upon its review of research
    conducted under this Section, including specific
    recommendations, if any, and any other information the
    Commission may deem proper in furtherance of its duties
    under this Section;
        (11) review provider availability and make
    recommendations to increase providers where needed,
    including reviewing the regulatory environment and making
    recommendations for reforms;
        (12) review capacity for culturally competent
    services, including translation services among providers;
    and
        (13) review and recommend changes to the safety-net
    hospital definition to create different classifications of
    safety-net hospitals.
    (f-5) The Department shall make available upon request the
analytics of Medicaid managed care clearinghouse data
regarding processing.
    (g) Beginning January 1, 2022, and for each year
thereafter, the Commission shall submit a report of its
findings and recommendations to the General Assembly. The
report to the General Assembly shall be filed with the Clerk of
the House of Representatives and the Secretary of the Senate
in electronic form only, in the manner that the Clerk and the
Secretary shall direct.
 
Article 160.

 
    Section 160-5. The State Finance Act is amended by adding
Sections 5.935 and 6z-124 as follows:
 
    (30 ILCS 105/5.935 new)
    Sec. 5.935. The Managed Care Oversight Fund.
 
    (30 ILCS 105/6z-124 new)
    Sec. 6z-124. Managed Care Oversight Fund. The Managed Care
Oversight Fund is created as a special fund in the State
treasury. Subject to appropriation, available annual moneys in
the Fund shall be used by the Department of Healthcare and
Family Services to support contracting with women and
minority-owned businesses as part of the Department's Business
Enterprise Program requirements. The Department shall
prioritize contracts for care coordination services, workforce
development, and other services that support the Department's
mission to promote health equity. Funds may not be used for any
administrative costs of the Department.
 
Article 170.

 
    Section 170-5. The Illinois Public Aid Code is amended by
adding Section 5-30.16 as follows:
 
    (305 ILCS 5/5-30.16 new)
    Sec. 5-30.16. Medicaid Business Opportunity Commission.
    (a) The Medicaid Business Opportunity Commission is
created within the Department of Healthcare and Family
Services to develop a program to support and grow minority,
women, and persons with disability owned businesses.
    (b) The Commission shall consist of the following members:
        (1) Two members appointed by the Illinois Legislative
    Black Caucus.
        (2) Two members appointed by the Illinois Legislative
    Latino Caucus.
        (3) Two members appointed by the Conference of Women
    Legislators of the Illinois General Assembly.
        (4) Two members representing a statewide Medicaid
    health plan association, appointed by the Governor.
        (5) One member representing the Department of
    Healthcare and Family Services, appointed by the Governor.
        (6) Three members representing businesses currently
    registered with the Business Enterprise Program, appointed
    by the Governor.
        (7) One member representing the disability community,
    appointed by the Governor.
        (8) One member representing the Business Enterprise
    Council, appointed by the Governor.
    (c) The Director of Healthcare and Family Services and
chief of staff, or their designees, shall serve as the
Commission's executive administrators in providing
administrative support, research support, and other
administrative tasks requested by the Commission's co-chairs.
Any expenses, including, but not limited to, travel and
housing, shall be paid for by the Department's existing
budget.
    (d) The members of the Commission shall receive no
compensation for their services as members of the Commission.
    (e) The members of the Commission shall designate
co-chairs of the Commission to lead their efforts at the first
meeting of the Commission.
    (f) The Commission shall meet at least monthly beginning
as soon as is practicable after the effective date of this
amendatory Act of the 102nd General Assembly.
    (g) The Commission shall:
        (1) Develop a recommendation on a Medicaid Business
    Opportunity Program for Minority, Women, and Persons with
    Disability Owned business contracting requirements to be
    included in the contracts between the Department of
    Healthcare and Family Services and the Managed Care
    entities for the provision of Medicaid Services.
        (2) Make recommendations on the process by which
    vendors or providers would be certified as eligible to be
    included in the program and appropriate eligibility
    standards relative to the healthcare industry.
        (3) Make a recommendation on whether to include not
    for profit organizations, diversity councils, or diversity
    chambers as eligible for certification.
        (4) Make a recommendation on whether diverse staff
    shall be considered within the goals set for managed care
    entities.
        (5) Make a recommendation on whether a new platform
    for certification is necessary to administer this program
    or if the existing platform for the Business Enterprise
    Program is capable of including recommended changes coming
    from this Commission.
        (6) Make a recommendation on the ongoing activity of
    the Commission including structure, frequency of meetings,
    and agendas to ensure ongoing oversight of the program by
    the Commission.
    (h) The Commission shall provide recommendations to the
Department and the General assembly by April 15, 2021 in order
to ensure prompt implementation of the Medicaid Business
Opportunity Program.
    (i) Beginning January 1, 2022, and for each year
thereafter, the Commission shall submit a report of its
findings and recommendations to the General Assembly. The
report to the General Assembly shall be filed with the Clerk of
the House of Representatives and the Secretary of the Senate
in electronic form only, in the manner that the Clerk and the
Secretary shall direct.
 
Article 172.

 
    Section 172-5. The Illinois Public Aid Code is amended by
changing Section 14-13 as follows:
 
    (305 ILCS 5/14-13)
    Sec. 14-13. Reimbursement for inpatient stays extended
beyond medical necessity.
    (a) By October 1, 2019, the Department shall by rule
implement a methodology effective for dates of service July 1,
2019 and later to reimburse hospitals for inpatient stays
extended beyond medical necessity due to the inability of the
Department or the managed care organization in which a
recipient is enrolled or the hospital discharge planner to
find an appropriate placement after discharge from the
hospital. The Department shall evaluate the effectiveness of
the current reimbursement rate for inpatient hospital stays
beyond medical necessity.
    (b) The methodology shall provide reasonable compensation
for the services provided attributable to the days of the
extended stay for which the prevailing rate methodology
provides no reimbursement. The Department may use a day
outlier program to satisfy this requirement. The reimbursement
rate shall be set at a level so as not to act as an incentive
to avoid transfer to the appropriate level of care needed or
placement, after discharge.
    (c) The Department shall require managed care
organizations to adopt this methodology or an alternative
methodology that pays at least as much as the Department's
adopted methodology unless otherwise mutually agreed upon
contractual language is developed by the provider and the
managed care organization for a risk-based or innovative
payment methodology.
    (d) Days beyond medical necessity shall not be eligible
for per diem add-on payments under the Medicaid High Volume
Adjustment (MHVA) or the Medicaid Percentage Adjustment (MPA)
programs.
    (e) For services covered by the fee-for-service program,
reimbursement under this Section shall only be made for days
beyond medical necessity that occur after the hospital has
notified the Department of the need for post-discharge
placement. For services covered by a managed care
organization, hospitals shall notify the appropriate managed
care organization of an admission within 24 hours of
admission. For every 24-hour period beyond the initial 24
hours after admission that the hospital fails to notify the
managed care organization of the admission, reimbursement
under this subsection shall be reduced by one day.
(Source: P.A. 101-209, eff. 8-5-19.)
 
Title IX. Maternal and Infant Mortality

 
Article 175.

 
    Section 175-5. The Illinois Public Aid Code is amended by
adding Section 5-18.5 as follows:
 
    (305 ILCS 5/5-18.5 new)
    Sec. 5-18.5. Perinatal doula and evidence-based home
visiting services.
    (a) As used in this Section:
    "Home visiting" means a voluntary, evidence-based strategy
used to support pregnant people, infants, and young children
and their caregivers to promote infant, child, and maternal
health, to foster educational development and school
readiness, and to help prevent child abuse and neglect. Home
visitors are trained professionals whose visits and activities
focus on promoting strong parent-child attachment to foster
healthy child development.
    "Perinatal doula" means a trained provider who provides
regular, voluntary physical, emotional, and educational
support, but not medical or midwife care, to pregnant and
birthing persons before, during, and after childbirth,
otherwise known as the perinatal period.
    "Perinatal doula training" means any doula training that
focuses on providing support throughout the prenatal, labor
and delivery, or postpartum period, and reflects the type of
doula care that the doula seeks to provide.
    (b) Notwithstanding any other provision of this Article,
perinatal doula services and evidence-based home visiting
services shall be covered under the medical assistance
program, subject to appropriation, for persons who are
otherwise eligible for medical assistance under this Article.
Perinatal doula services include regular visits beginning in
the prenatal period and continuing into the postnatal period,
inclusive of continuous support during labor and delivery,
that support healthy pregnancies and positive birth outcomes.
Perinatal doula services may be embedded in an existing
program, such as evidence-based home visiting. Perinatal doula
services provided during the prenatal period may be provided
weekly, services provided during the labor and delivery period
may be provided for the entire duration of labor and the time
immediately following birth, and services provided during the
postpartum period may be provided up to 12 months postpartum.
    (c) The Department of Healthcare and Family Services shall
adopt rules to administer this Section. In this rulemaking,
the Department shall consider the expertise of and consult
with doula program experts, doula training providers,
practicing doulas, and home visiting experts, along with State
agencies implementing perinatal doula services and relevant
bodies under the Illinois Early Learning Council. This body of
experts shall inform the Department on the credentials
necessary for perinatal doula and home visiting services to be
eligible for Medicaid reimbursement and the rate of
reimbursement for home visiting and perinatal doula services
in the prenatal, labor and delivery, and postpartum periods.
Every 2 years, the Department shall assess the rates of
reimbursement for perinatal doula and home visiting services
and adjust rates accordingly.
    (d) The Department shall seek such State plan amendments
or waivers as may be necessary to implement this Section and
shall secure federal financial participation for expenditures
made by the Department in accordance with this Section.
 
Title X. Medicaid Managed Care Reform

 
Article 185.

 
    Section 185-1. Short title. This Article may be cited as
the Medicaid Technical Assistance Act. References in this
Article to "this Act" mean this Article.
 
    Section 185-3. Findings. The General Assembly finds as
follows:
        (1) This Act seeks to remedy a fraction of a much
    larger broken system by addressing access to health care,
    managed care organization reform, mental and substance
    abuse treatment services, and services to address the
    social determinants of health.
        (2) Illinois transitioned Medicaid services to managed
    care with the goals of achieving better health outcomes
    for the Medicaid population and reducing the per capita
    costs of health care.
        (3) Illinois benefits when people have support
    constructing the sturdy foundation of health and
    well-being that we all need to reach our potential.
    Medicaid managed care can be a vital tool in ensuring that
    people have the full range of supports that form this
    foundation, including services from community providers
    that address behavioral health needs, as well as related
    services that help people access food, housing, and
    employment.
        (4) However, there are barriers that prevent Illinois
    from fully realizing the benefits of Medicaid managed
    care. The 2 devastating years of the State budget impasse
    resulted in 2 years of lost opportunity for community
    providers to invest in the people, systems, and technology
    that are necessary for them to participate in Medicaid
    managed care. A recent survey by the Illinois
    Collaboration on Youth of more than 130 community
    providers revealed that the majority do not have contracts
    with managed care organizations, and most do not have
    adequate billing and technology infrastructure sufficient
    for Medicaid billing now or in the future. The survey also
    revealed that community-based providers primarily serving
    people of color are the least prepared to participate in
    Medicaid managed care.
        (5) The disparity in readiness between providers
    primarily serving people of color and those who serve a
    more mixed or white clientele is especially urgent because
    62% of Illinois' Medicaid recipients are people of color.
    Racial disparities in behavioral health care result in
    significant human and financial costs to both the
    individual and to the State.
        (6) The COVID-19 pandemic has further exacerbated the
    health disparities experienced by communities of color.
    COVID-19 has increased both the Medicaid-eligible
    population in Illinois, and increased the demand for
    behavioral health services, as Illinois residents grapple
    with trauma, death, job loss, depression, suicide,
    addiction, and exposure to violence. In addition, COVID-19
    threatens the stability and viability of community-based
    providers, further straining the health care safety net
    for people who depend on Medicaid for these essential
    services.
        (7) Lack of support for a diversity of providers
    reduces choice for Medicaid recipients and may incentivize
    managed care organizations to focus on a narrow selection
    of community partners. Having some choice in which
    providers people see for these essential services and
    having access to providers who understand their community,
    culture, and language has been demonstrated to reduce
    disparities in health outcomes and improve health and
    well-being across the life span.
        (8) The Medicaid managed care system lacks consistent,
    statewide support for community providers, creating
    inefficiency and duplication. Providers need targeted
    trainings focused on their levels of readiness, learning
    collaboratives to provide group-level support for those
    experiencing similar challenges, and a mechanism to
    identify problems that need systemic solutions. Illinois
    could receive up to 70% in Medicaid matching funds from
    the federal government to supplement the costs of
    operating a Medicaid Technical Assistance Center.
        (9) When community-based health care providers are
    able to contract with managed care organizations to
    deliver Medicaid services, people can access the care they
    need, in their communities, from providers they trust.
 
    Section 185-5. Definitions. As used in this Act:
    "Behavioral health providers" means mental health and
substance use disorder providers.
    "Department" means the Department of Healthcare and Family
Services.
    "Health care providers" means organizations who provide
physical, mental, substance use disorder, or social
determinant of health services.
    "Health equity" means providing care that does not vary in
quality because of personal characteristics such as gender,
ethnicity, geographic location, and socioeconomic status.
    "Network adequacy" means a Medicaid beneficiaries' ability
to access all necessary provider types within time and
distance standards as defined in the Managed Care Organization
model contract.
    "Service deserts" means geographic areas of the State with
no or limited Medicaid providers that accept Medicaid.
    "Social determinants of health" means any conditions that
impact an individual's health, including, but not limited to,
access to healthy food, safety, education, and housing
stability.
    "Stakeholders" means, but are not limited to, health care
providers, advocacy organizations, managed care organizations,
Medicaid beneficiaries, and State and city partners.
 
    Section 185-10. Medicaid Technical Assistance Center. The
Department of Healthcare and Family Services shall establish a
Medicaid Technical Assistance Center. The Medicaid Technical
Assistance Center shall operate as a cross-system educational
resource to strengthen the business infrastructure of health
care provider organizations in Illinois to ultimately increase
the capacity, access, health equity, and quality of Illinois'
Medicaid managed care program, HealthChoice Illinois, and
YouthCare, the Medicaid managed care program for children and
youth who receive Medicaid health services through the
Department of Children and Family Services. The Medicaid
Technical Assistance Center shall be established within the
Department's Office of Medicaid Innovation.
 
    Section 185-15. Collaboration. The Medicaid Technical
Assistance Center shall collaborate with public and private
partners throughout the State to identify, establish, and
maintain best practices necessary for health providers to
ensure their capacity to participate in HealthChoice Illinois
or YouthCare. The Medicaid Technical Assistance Center shall
administer the following:
        (1) Outreach and engagement: The Medicaid Technical
    Assistance Center shall undertake efforts to identify and
    engage community-based providers offering behavioral
    health services or services addressing the social
    determinants of health, especially those predominantly
    serving communities of color or those operating within or
    near service deserts, for the purpose of offering training
    and technical assistance to them through the Medicaid
    Technical Assistance Center. Outreach and engagement
    services may be subcontracted.
        (2) Trainings: The Medicaid Technical Assistance
    Center shall create and administer ongoing trainings for
    health care providers. Trainings may be subcontracted. The
    Medicaid Technical Assistance Center shall provide
    in-person and web-based trainings. In-person training
    shall be conducted throughout the State. All trainings
    must be free of charge. The Medicaid Technical Assistance
    Center shall administer post-training surveys and
    incorporate feedback. Training content and delivery must
    be reflective of Illinois providers' varying levels of
    readiness, resources, and client populations.
        (3) Web-based resources: The Medicaid Technical
    Assistance Center shall maintain an independent, easy to
    navigate, and up-to-date website that includes, but is not
    limited to: recorded training archives, a training
    calendar, provider resources and tools, up-to-date
    explanations of Department and managed care organization
    guidance, a running database of frequently asked questions
    and contact information for key staff members of the
    Department, managed care organizations, and the Medicaid
    Technical Assistance Center.
        (4) Learning collaboratives: The Medicaid Technical
    Assistance Center shall host regional learning
    collaboratives that will supplement the Medicaid Technical
    Assistance Center training curriculum to bring together
    groups of stakeholders to share issues and best practices,
    and to escalate issues. Leadership of the Department and
    managed care organizations shall attend learning
    collaboratives on a quarterly basis.
        (5) Network adequacy reports: The Medicaid Technical
    Assistance Center shall publicly release a report on
    Medicaid provider network adequacy within the first 3
    years of implementation and annually thereafter. The
    reports shall identify provider service deserts and health
    care disparities by race and ethnicity.
        (6) Equitable delivery system: The Medicaid Technical
    Assistance Center is committed to the principle that all
    Medicaid recipients have accessible and equitable physical
    and mental health care services. All providers served
    through the Medicaid Technical Assistance Center shall
    deliver services notwithstanding the patient's race,
    color, gender, gender identity, age, ancestry, marital
    status, military status, religion, national origin,
    disability status, sexual orientation, order of protection
    status, as defined under Section 1-103 of the Illinois
    Human Rights Act, or immigration status.
 
    Section 185-20. Federal financial participation. The
Department of Healthcare and Family Services, to the extent
allowable under federal law, shall maximize federal financial
participation for any moneys appropriated to the Department
for the Medicaid Technical Assistance Center. Any federal
financial participation funds obtained in accordance with this
Section shall be used for the further development and
expansion of the Medicaid Technical Assistance Center. All
federal financial participation funds obtained under this
subsection shall be deposited into the Medicaid Technical
Assistance Center Fund created under Section 25.
 
    Section 185-25. Medicaid Technical Assistance Center Fund.
The Medicaid Technical Assistance Center Fund is created as a
special fund in the State treasury. The Fund shall consist of
any moneys appropriated to the Department of Healthcare and
Family Services for the purposes of this Act and any federal
financial participation funds obtained as provided under
Section 20. Subject to appropriation, moneys in the Fund shall
be used for carrying out the purposes of this Act and for no
other purpose. All interest earned on the moneys in the Fund
shall be deposited into the Fund.
 
    Section 185-90. The State Finance Act is amended by adding
Section 5.935 as follows:
 
    (30 ILCS 105/5.935 new)
    Sec. 5.935. The Medicaid Technical Assistance Center Fund.
 
Title XI. Miscellaneous

 
Article 999.

 
    Section 999-99. Effective date. This Act takes effect upon
becoming law.