Public Act 096-1411
Public Act 1411 96TH GENERAL ASSEMBLY
|Public Act 096-1411|
|HB5053 Enrolled||LRB096 18045 ASK 33417 b|
AN ACT concerning education.
WHEREAS, The General Assembly finds and recognizes that
there is a shortage of psychiatrists in designated shortage
areas within this State; therefore
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Psychiatry Practice Incentive Act.
The purpose of this Act is to establish
a program in the Department of Public Health to ensure access
to psychiatric health care services for all citizens of the
State, by establishing programs of grants, loans, and loan
forgiveness to recruit and retain psychiatric service
providers in designated areas of the State for physicians who
will agree to establish and maintain psychiatric practice in
areas of the State demonstrating the greatest need for more
psychiatric care. The program shall encourage licensed
psychiatrists to locate in areas where shortages exist and to
increase the total number of such physicians in the State.
In this Act, unless the context
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Designated shortage area" means an area designated by the
Director as a psychiatric or mental health physician shortage
area, as defined by the United States Department of Health and
Human Services or as further defined by the Department to
enable it to effectively fulfill the purpose stated in Section
5 of this Act. Such areas may include the following:
(1) an urban or rural area that is a rational area for
the delivery of health services;
(2) a population group; or
(3) a public or nonprofit private medical facility.
"Eligible medical student" means a person who meets all of
the following qualifications:
(1) He or she is an Illinois resident at the time of
application for assistance under the program established
by this Act.
(2) He or she is studying medicine in a medical school
located in Illinois.
(3) He or she exhibits financial need, as determined by
(4) He or she agrees to practice full time in a
designated shortage area as a psychiatrist for one year for
each year that he or she receives assistance under this
(5) He or she agrees to accept medical payments, as
defined in this Act, and to serve targeted populations.
"Medical facility" means a facility for the delivery of
health services. "Medical facility" includes a hospital, State
mental health institution, public health center, outpatient
medical facility, rehabilitation facility, long-term care
facility, federally-qualified health center, migrant health
center, community health center, community mental health
center, or State correctional institution.
"Medical payments" means compensation provided to
physicians for services rendered under Article V of the
Illinois Public Aid Code.
"Medically underserved area" means an urban or rural area
designated by the Secretary of the United States Department of
Health and Human Services as an area with a shortage of
personal health services or as otherwise designated by the
Department of Public Health.
"Medically underserved population" means (i) the
population of an urban or rural area designated by the
Secretary of the United States Department of Health and Human
Services as an area with a shortage of personal health
services, (ii) a population group designated by the Secretary
of the United States Department of Health and Human Services as
having a shortage of personal health services, or (iii) as
otherwise designated by the Department of Public Health.
"Psychiatric physician" means a person licensed to
practice medicine in all of its branches under the Medical
Practice Act of 1987 with board eligibility or certification in
the specialty of psychiatry, as defined by recognized standards
of professional medical practice.
"Psychiatric practice residency program" means a program
accredited by the Residency Review Committee for Psychiatry of
the Accreditation Council for Graduate Medical Education or the
American Osteopathic Association.
"Targeted populations" means one or more of the following:
(i) a medically underserved population, (ii) persons in a
medically underserved area, (iii) an uninsured population of
this State, and (iv) persons enrolled in a medical program
administered by the Illinois Department of Healthcare and
"Uninsured population" means persons who (i) do not own
private health care insurance, (ii) are not part of a group
insurance plan, and (iii) are not eligible for any State or
federal government-sponsored health care program.
Powers and duties of the Department.
Department shall have all of the following powers and duties:
(1) To allocate funds to psychiatric practice
residency and child and adolescent fellowship programs
according to the following priorities:
(A) to increase the number of psychiatric
physicians in designated shortage areas;
(B) to increase the percentage of psychiatric
physicians establishing practice within the State upon
completion of residency;
(C) to increase the number of accredited
psychiatric practice residencies within the State; and
(D) to increase the percentage of psychiatric
practice physicians establishing practice within the
State upon completion of residency.
(2) To determine the procedures for the distribution of
the funds to psychiatric residency programs, including the
establishment of eligibility criteria in accordance with
the following guidelines:
(A) preference for programs that are to be
established at locations that exhibit potential for
extending psychiatric practice physician availability
to designated shortage areas;
(B) preference for programs that are located away
from communities in which medical schools are located;
(C) preference for programs located in hospitals
that have affiliation agreements with medical schools
located within the State.
In distributing such funds, the Department may also
consider as secondary criteria whether or not a psychiatric
practice residency program has (i) adequate courses of
instruction in the child and adolescent behavioral
(ii) availability and systematic
utilization of opportunities for residents to gain
experience through local health departments, community
mental health centers, or other preventive or occupational
(iii) a continuing program of
community oriented research in such areas as risk factors
in community populations;
(iv) sufficient mechanisms for
maintenance of quality training, such as peer review,
systematic progress reviews, referral system, and
maintenance of adequate records; and
(v) an appropriate
course of instruction in societal, institutional, and
economic conditions affecting psychiatric practice.
(3) To receive and disburse federal funds in accordance
with the purpose stated in Section 5 of this Act.
(4) To enter into contracts or agreements with any
agency or department of this State or the United States to
carry out the provisions of this Act.
(5) To coordinate the psychiatric residency grants
program established under this Act with other student
assistance and residency programs administered by the
Department and the Board of Higher Education under the
Health Services Education Grants Act.
(6) To design and coordinate a study for the purpose of
assessing the characteristics of practice resulting from
the psychiatric practice residency programs including, but
not limited to, information regarding the nature and scope
of practices, location of practices, years of active
practice following completion of residency and other
information deemed necessary for the administration of
(7) To establish a program, and the criteria for such
program, for the repayment of the educational loans of
physicians who agree to (i) serve in designated shortage
for a specified period of time, no less than 3 years,
(ii) accept medical payments, as defined in this Act, and
(iii) serve targeted populations to the extent required by
the program. Payments under this program may be made for
the principal, interest, and related expenses of
government and commercial loans received by the individual
for tuition expenses and all other reasonable educational
expenses incurred by the individual. Payments made under
this provision are exempt from State income tax, as
provided by law.
(8) To require psychiatric practice residency programs
seeking grants under this Act to make application according
to procedures consistent with the priorities and
guidelines established in items (1) and (2) of this
(9) To adopt rules and regulations that are necessary
for the establishment and maintenance of the programs
required by this Act.
Application requirement; ratio of State
support to local support.
Residency programs seeking funds
under this Act must make application to the Department. The
application shall include evidence of local support for the
program, either in the form of funds, services, or other
resources. The ratio of State support to local support shall be
determined by the Department in a manner that is consistent
with the purposes of this Act, as set forth in Section 5 of
this Act. In establishing such ratio of State support to local
support, the Department may vary the amount of the required
local support depending upon the criticality of the need for
more professional health care services, the geographic
location, and the economic base of the designated shortage
qualifying for grants under this Act shall participate in the
study required in item (6) of Section 15 of this Act.
Illinois Administrative Procedure Act.
Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated herein as if all of the provisions of
such Act were included in this Act.
The Department shall annually
report to the General Assembly and the Governor the results and
progress of all programs established under this Act on or
before March 15.
The annual report to the General Assembly and the Governor
must include the impact of programs established under this Act
on the ability of designated shortage areas to attract and
retain physicians and other health care personnel. The report
shall include recommendations to improve that ability.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader, and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act, and by filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Penalty for failure to fulfill obligation.
recipient of assistance under this Act who fails to fulfill his
or her obligation to practice full-time in a designated
shortage area as a psychiatrist for one year for each year that
he or she is a recipient of assistance shall pay to the
Department a sum equal to 3 times the amount of the assistance
provided for each year that the recipient fails to fulfill such
obligation. A recipient of assistance who fails to fulfill his
or her practice obligation shall have 30 days after the date on
which that failure begins to enter into a contract with the
Department that sets forth the manner in which that sum is
required to be paid. The amounts paid to the Department under
this Section shall be deposited into the Community Health
Center Care Fund and shall be used by the Department to improve
access to primary health care services as authorized by
subsection (a) of Section 2310-200 of the Department of Public
Health Powers and Duties Law of the Civil Administrative Code
of Illinois (20 ILCS 2310/2310-200).
The Department may transfer to the Illinois Finance
Authority, into an account outside of the State treasury,
moneys in the Community Health Center Care Fund as needed, but
not to exceed an amount established by rule by the Department
to establish a reserve or credit enhancement escrow account to
support a financing program or a loan or equipment leasing
program to provide moneys to support the purposes of subsection
(a) of Section 2310-200 of the Department of Public Health
Powers and Duties Law of the Civil Administrative Code of
Illinois (20 ILCS 2310/2310-200). The disposition of moneys at
the conclusion of any financing program under this Section
shall be determined by an interagency agreement.
Effective Date: 1/1/2011