Public Act 094-0648
Public Act 0648 94TH GENERAL ASSEMBLY
|Public Act 094-0648
||LRB094 10743 MKM 41163 b
AN ACT concerning hospitals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Hospital Basic Services Preservation Act.
As used in this Act:
"Basic services" means emergency room and obstetrical
services provided within a hospital. "Basic services" is
limited to the emergency and obstetric units and services
provided by those units.
"Eligible expenses" means expenses for expanding
obstetrical or emergency units, updating equipment, repairing
essential equipment, and purchasing new equipment that will
increase the quality of basic services provided. "Eligible
expenses" does not include expenses related to cosmetic
upgrades, staff expansion or salary, or structural expansion of
any unit or department of a hospital.
"Essential community hospital provider" means a facility
meeting criteria established by rule by the State Treasurer.
Hospital Basic Services Review Board.
(a) The Hospital Basic Services Review Board is created for
the purpose of reviewing and recommending to the State
Treasurer essential community hospitals seeking
collateralization of basic service loans for eligible expenses
related to completing, attaining, or upgrading basic services.
(b) The Board shall consist of 5 members as follows: one
member appointed by the Governor; one member appointed by the
Speaker of the House of Representatives; one member appointed
by the President of the Senate; one member appointed by the
Minority Leader of the House of Representatives; and one member
appointed by the Minority Leader of the Senate. The members of
the Board shall serve at the pleasure of their appointing
authorities. Vacancies shall be filled in the same manner as
the original appointment.
(c) The Department of Public Health shall provide staff
assistance to the Board as is reasonably required in order for
the Board to carry out its responsibilities.
Hospital Basic Services Preservation Fund.
There is created in the State treasury the Hospital Basic
Services Preservation Fund. The Fund shall be administered by
the State Treasurer to collateralize loans from financial
institutions for capital projects necessary to maintain
certain basic services required for the efficient and effective
operation of essential community hospital providers who
otherwise may not be able to meet financial institution credit
standards for issuance of a standard commercial loan. The Fund
shall consist of all public and private moneys donated or
transferred to the Fund for the purpose of enabling essential
community hospitals to continue to provide basic quality health
care services that are subject to and meet standards of need
under the Health Facilities Planning Act. All public funds
deposited into the Fund shall be subject to appropriation by
the General Assembly.
Basic services loans.
(a) Essential community hospitals seeking
collateralization of loans under this Act must apply to the
Illinois Health Facilities Planning Board on a form prescribed
by the Illinois Health Facilities Planning Board by rule. The
Illinois Health Facilities Planning Board shall review the
application and, if it approves the applicant's plan, shall
forward the application and its approval to the Hospital Basic
Services Review Board.
(b) Upon receipt of the applicant's application and
approval from the Illinois Health Facilities Planning Board,
the Hospital Basic Services Review Board shall request from the
applicant and the applicant shall submit to the Hospital Basic
Services Review Board all of the following information:
(1) A copy of the hospital's last audited financial
(2) The percentage of the hospital's patients each year
who are Medicaid patients.
(3) The percentage of the hospital's patients each year
who are Medicare patients.
(4) The percentage of the hospital's patients each year
who are uninsured.
(5) The percentage of services provided by the hospital
each year for which the hospital expected payment but for
which no payment was received.
(6) Any other information required by the Hospital
Basic Services Review Board by rule.
The Hospital Basic Services Review Board shall review the
applicant's original application, the approval of the Illinois
Health Facilities Planning Board, and the information provided
by the applicant to the Hospital Basic Services Review Board
under this Section and make a recommendation to the State
Treasurer to accept or deny the application.
(c) If the Hospital Basic Services Review Board recommends
that the application be accepted, the State Treasurer may
collateralize the applicant's basic service loan for eligible
expenses related to completing, attaining, or upgrading basic
services, including, but not limited to, delivery,
installation, staff training, and other eligible expenses as
defined by the State Treasurer by rule. The total cost for any
one project to be undertaken by the applicants shall not exceed
$10,000,000 and the amount of each basic services loan
collateralized under this Act shall not exceed $5,000,000.
Expenditures related to basic service loans shall not exceed
the amount available in the Fund necessary to collateralize the
loans. The terms of any basic services loan collateralized
under this Act must be approved by the State Treasurer in
accordance with standards established by the State Treasurer by
Responsibility of hospitals.
that receives a loan collateralized under this Act shall take
the necessary measures, as defined by the State Treasurer by
rule, to account for all moneys and to ensure that they are
spent on the basic services for which the loan was approved.
Any hospital receiving a loan collateralized under this Act is
not eligible for collateralization of another basic services
loan under this Act within 10 years after the deposit of funds
awarded under the first collateralized loan.
The State Treasurer shall promulgate
rules necessary for the administration of this Act.
The State Finance Act is amended by adding
5.640 and by changing Section 8h as follows:
(30 ILCS 105/5.640 new)
The Hospital Basic Services Preservation Fund.
(30 ILCS 105/8h)
Transfers to General Revenue Fund.
(a) Except as provided in subsection (b), notwithstanding
State law to the contrary, the Governor
June 30, 2007, from time to time direct the State Treasurer and
Comptroller to transfer
a specified sum from any fund held by
the State Treasurer to the General
Revenue Fund in order to
help defray the State's operating costs for the
The total transfer under this Section from any fund in any
fiscal year shall not exceed the lesser of (i) 8% of the
revenues to be deposited
into the fund during that fiscal year
or (ii) an amount that leaves a remaining fund balance of 25%
of the July 1 fund balance of that fiscal year. In fiscal year
2005 only, prior to calculating the July 1, 2004 final
balances, the Governor may calculate and direct the State
Treasurer with the Comptroller to transfer additional amounts
determined by applying the formula authorized in Public Act
93-839 to the funds balances on July 1, 2003.
No transfer may
be made from a fund under this Section that would have the
effect of reducing the available balance in the fund to an
amount less than
the amount remaining unexpended and unreserved
from the total appropriation
from that fund estimated to be
expended for that fiscal year. This Section does not apply to
funds that are restricted by federal law to a specific use,
to any funds in
the Motor Fuel Tax Fund, the Hospital Provider
Fund, the Medicaid Provider Relief Fund,
the Reviewing Court
Alternative Dispute Resolution Fund,
or the Hospital Basic
Services Preservation Fund,
or to any
funds to which subsection
(f) of Section 20-40 of the Nursing and Advanced Practice
Nursing Act applies. Notwithstanding any
other provision of
this Section, for fiscal year 2004,
the total transfer under
this Section from the Road Fund or the State
Account Fund shall not exceed the lesser of (i) 5% of the
revenues to be deposited
into the fund during that fiscal year
or (ii) 25% of the beginning balance in the fund.
year 2005 through fiscal year 2007, no amounts may be
transferred under this Section from the Road Fund, the State
Construction Account Fund, the Criminal Justice Information
Systems Trust Fund, the Wireless Service Emergency Fund, or the
Mandatory Arbitration Fund.
In determining the available balance in a fund, the
may include receipts, transfers into the fund, and
resources anticipated to be available in the fund in that
The State Treasurer and Comptroller shall transfer the
under this Section as soon as may be
practicable after receiving the direction
to transfer from the
(b) This Section does not apply to any fund established
under the Community Senior Services and Resources Act.
(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,
eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.
Effective Date: 1/1/2006