SB0558ham004 101ST GENERAL ASSEMBLY

Rep. Camille Y. Lilly

Filed: 1/12/2021

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1 AMENDMENT TO SENATE BILL 558

2 AMENDMENT NO. ______. Amend Senate Bill 558, AS AMENDED, by

3 replacing everything after the enacting clause with the

4 following:

5 "Title I. General Provisions

6 Article 1.

7 Section 1-1. This Act may be referred to as the Illinois

8 Health Care and Human Service Reform Act.

9 Section 1-5. Findings.

10 "We, the People of the State of Illinois in order to

11 provide for the health, safety and welfare of the people;

12 maintain a representative and orderly government; eliminate

13 poverty and inequality; assure legal, social and economic

14 justice; provide opportunity for the fullest development of the

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1 individual; insure domestic tranquility; provide for the

2 common defense; and secure the blessings of freedom and liberty

3 to ourselves and our posterity - do ordain and establish this

4 Constitution for the State of Illinois."

5 The Illinois Legislative Black Caucus finds that, in order

6 to improve the health outcomes of Black residents in the State

7 of Illinois, it is essential to dramatically reform the State's

8 health and human service system. For over 3 decades, multiple

9 health studies have found that health inequities at their very

10 core are due to racism. As early as 1998 research demonstrated

11 that Black Americans received less health care than white

12 Americans because doctors treated patients differently on the

13 basis of race. Yet, Illinois' health and human service system

14 disappointingly continues to perpetuate health disparities

15 among Black Illinoisans of all ages, genders, and socioeconomic

16 status.

17 In July 2020, Trinity Health announced its plans to close

18 Mercy Hospital, an essential resource serving the Chicago South

19 Side's predominantly Black residents. Trinity Health argued

20 that this closure would have no impact on health access but

21 failed to understand the community's needs. Closure of Mercy

22 Hospital would only serve to create a health access desert and

23 exacerbate existing health disparities. On December 15, 2020,

24 after hearing from community members and advocates, the Health

25 Facilities and Services Review Board unanimously voted to deny

26 closure efforts, yet Trinity still seeks to cease Mercy's

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1 operations.

2 Prior to COVID-19, much of the social and political

3 attention surrounding the nationwide opioid epidemic focused

4 on the increase in overdose deaths among white, middle-class,

5 suburban and rural users; the impact of the epidemic in Black

6 communities was largely unrecognized. Research has shown rates

7 of opioid use at the national scale are higher for whites than

8 they are for Blacks, yet rates of opioid deaths are higher

9 among Blacks (43%) than whites (22%). The COVID-19 pandemic

10 will likely exacerbate this situation due to job loss,

11 stay-at-home orders, and ongoing mitigation efforts creating a

12 lack of physical access to addiction support and harm reduction

13 groups.

14 In 2018, the Illinois Department of Public Health reported

15 that Black women were about 6 times as likely to die from a

16 pregnancy-related cause as white women. Of those, 72% of

17 pregnancy-related deaths and 93% of violent

18 pregnancy-associated deaths were deemed preventable. Between

19 2016 and 2017, Black women had the highest rate of severe

20 maternal morbidity with a rate of 101.5 per 10,000 deliveries,

21 which is almost 3 times as high as the rate for white women.

22 In the City of Chicago, African American and Latinx

23 populations are suffering from higher rates of AIDS/HIV

24 compared to the general population. Recent data places HIV as

25 one of the top 5 leading causes of death in African American

26 women between the ages of 35 to 44 and the seventh ranking

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1 cause in African American women between the ages of 20 to 34.

2 Among the Latinx population, nearly 20% with HIV exclusively

3 depend on indigenous-led and staffed organizations for

4 services.

5 Cardiovascular disease (CVD) accounts for more deaths in

6 Illinois than any other cause of death, according to the

7 Illinois Department of Public Health; CVD is the leading cause

8 of death among Black residents. According to the Kaiser Family

9 Foundation (KFF), for every 100,000 people, 224 Black

10 Illinoisans die of CVD compared to 158 white Illinoisans.

11 Cancer, the second leading cause of death in Illinois, too is

12 pervasive among African Americans. In 2019, an estimated

13 606,880 Americans, or 1,660 people a day, died of cancer; the

14 American Cancer Society estimated 24,410 deaths occurred in

15 Illinois. KFF estimates that, out of every 100,000 people, 191

16 Black Illinoisans die of cancer compared to 152 white

17 Illinoisans.

18 Black Americans suffer at much higher rates from chronic

19 diseases, including diabetes, hypertension, heart disease,

20 asthma, and many cancers. Utilizing community health workers in

21 patient education and chronic disease management is needed to

22 close these health disparities. Studies have shown that

23 diabetes patients in the care of a community health worker

24 demonstrate improved knowledge and lifestyle and

25 self-management behaviors, as well as decreases in the use of

26 the emergency department. A study of asthma control among black

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1 adolescents concluded that asthma control was reduced by 35%

2 among adolescents working with community health workers,

3 resulting in a savings of $5.58 per dollar spent on the

4 intervention. A study of the return on investment for community

5 health workers employed in Colorado showed that, after a

6 9-month period, patients working with community health workers

7 had an increased number of primary care visits and a decrease

8 in urgent and inpatient care. Utilization of community health

9 workers led to a $2.38 return on investment for every dollar

10 invested in community health workers.

11 Adverse childhood experiences (ACEs) are traumatic

12 experiences occurring during childhood that have been found to

13 have a profound effect on a child's developing brain structure

14 and body which may result in poor health during a person's

15 adulthood. ACEs studies have found a strong correlation between

16 the number of ACEs and a person's risk for disease and negative

17 health behaviors, including suicide, depression, cancer,

18 stroke, ischemic heart disease, diabetes, autoimmune disease,

19 smoking, substance abuse, interpersonal violence, obesity,

20 unplanned pregnancies, lower educational achievement,

21 workplace absenteeism, and lower wages. Data also shows that

22 approximately 20% of African American and Hispanic adults in

23 Illinois reported 4 or more ACEs, compared to 13% of

24 non-Hispanic whites. Long-standing ACE interventions include

25 tools such as trauma-informed care. Trauma-informed care has

26 been promoted and established in communities across the country

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1 on a bipartisan basis, including in the states of California,

2 Florida, Massachusetts, Missouri, Oregon, Pennsylvania,

3 Washington, and Wisconsin. Several federal agencies have

4 integrated trauma-informed approaches in their programs and

5 grants which should be leveraged by the State.

6 According to a 2019 Rush University report, a Black

7 person's life expectancy on average is less when compared to a

8 white person's life expectancy. For instance, when comparing

9 life expectancy in Chicago's Austin neighborhood to the Chicago

10 Loop, there is a difference of 11 years between Black life

11 expectancy (71 years) and white life expectancy (82 years).

12 In a 2015 literature review of implicit racial and ethnic

13 bias among medical professionals, it was concluded that there

14 is a moderate level of implicit bias in most medical

15 professionals. Further, the literature review showed that

16 implicit bias has negative consequences for patients,

17 including strained patient relationships and negative health

18 outcomes. It is critical for medical professionals to be aware

19 of implicit racial and ethnic bias and work to eliminate bias

20 through training.

21 In the field of medicine, a historically racist profession,

22 Black medical professionals have commonly been ostracized. In

23 1934, Dr. Roland B. Scott was the first African American to

24 pass the pediatric board exam, yet when he applied for

25 membership with the American Academy of Pediatrics he was

26 rejected multiple times. Few medical organizations have

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1 confronted the roles they played in blocking opportunities for

2 Black advancement in the medical profession until the formal

3 apologies of the American Medical Association in 2008. For

4 decades, organizations like the AMA predicated their

5 membership on joining a local state medical society, several of

6 which excluded Black physicians.

7 In 2010, the General Assembly, in partnership with

8 Treatment Alternatives for Safe Communities, published the

9 Disproportionate Justice Impact Study. The study examined the

10 impact of Illinois drug laws on racial and ethnic groups and

11 the resulting over-representation of racial and ethic minority

12 groups in the Illinois criminal justice system. Unsurprisingly

13 and disappointingly, the study confirmed decades long

14 injustices, such as nonwhites being arrested at a higher rate

15 than whites relative to their representation in the general

16 population throughout Illinois.

17 All together, the above mentioned only begins to capture a

18 part of a larger system of racial injustices and inequities.

19 The General Assembly and the people of Illinois are urged to

20 recognize while racism is a core fault of the current health

21 and human service system, that it is a pervasive disease

22 affecting a multiplitude of institutions which truly drive

23 systematic health inequities: education, child care, criminal

24 justice, affordable housing, environmental justice, and job

25 security and so forth. For persons to live up to their full

26 human potential, their rights to quality of life, health care,

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1 a quality job, a fair wage, housing, and education must not be

2 inhibited.

3 Therefore, the Illinois Legislative Black Caucus, as

4 informed by the Senate's Health and Human Service Pillar

5 subject matter hearings, seeks to remedy a fraction of a much

6 larger broken system by addressing access to health care,

7 hospital closures, managed care organization reform, community

8 health worker certification, maternal and infant mortality,

9 mental and substance abuse treatment, hospital reform, and

10 medical implicit bias in the Illinois Health Care and Human

11 Service Reform Act. This Act shall achieve needed change

12 through the use of, but not limited to, the Medicaid Managed

13 Care Oversight Commission, the Health and Human Services Task

14 Force, and a hospital closure moratorium, in order to address

15 Illinois' long-standing health inequities.

16 Title II. Community Health Workers

17 Article 5.

18 Section 5-1. Short title. This Article may be cited as the

19 Community Health Worker Certification and Reimbursement Act.

20 References in this Article to "this Act" mean this Article.

21 Section 5-5. Definition. In this Act, "community health

22 worker" means a frontline public health worker who is a trusted

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1 member or has an unusually close understanding of the community

2 served. This trusting relationship enables the community

3 health worker to serve as a liaison, link, and intermediary

4 between health and social services and the community to

5 facilitate access to services and improve the quality and

6 cultural competence of service delivery. A community health

7 worker also builds individual and community capacity by

8 increasing health knowledge and self-sufficiency through a

9 range of activities, including outreach, community education,

10 informal counseling, social support, and advocacy. A community

11 health worker shall have the following core competencies:

12 (1) communication;

13 (2) interpersonal skills and relationship building;

14 (3) service coordination and navigation skills;

15 (4) capacity-building;

16 (5) advocacy;

17 (6) presentation and facilitation skills;

18 (7) organizational skills; cultural competency;

19 (8) public health knowledge;

20 (9) understanding of health systems and basic

21 diseases;

22 (10) behavioral health issues; and

23 (11) field experience.

24 Nothing in this definition shall be construed to authorize

25 a community health worker to provide direct care or treatment

26 to any person or to perform any act or service for which a

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1 license issued by a professional licensing board is required.

2 Section 5-10. Community health worker training.

3 (a) Community health workers shall be provided with

4 multi-tiered academic and community-based training

5 opportunities that lead to the mastery of community health

6 worker core competencies.

7 (b) For academic-based training programs, the Department

8 of Public Health shall collaborate with the Illinois State

9 Board of Education, the Illinois Community College Board, and

10 the Illinois Board of Higher Education to adopt a process to

11 certify academic-based training programs that students can

12 attend to obtain individual community health worker

13 certification. Certified training programs shall reflect the

14 approved core competencies and roles for community health

15 workers.

16 (c) For community-based training programs, the Department

17 of Public Health shall collaborate with a statewide association

18 representing community health workers to adopt a process to

19 certify community-based programs that students can attend to

20 obtain individual community health worker certification.

21 (d) Community health workers may need to undergo additional

22 training, including, but not limited to, asthma, diabetes,

23 maternal child health, behavioral health, and social

24 determinants of health training. Multi-tiered training

25 approaches shall provide opportunities that build on each other

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1 and prepare community health workers for career pathways both

2 within the community health worker profession and within allied

3 professions.

4 Section 5-15. Illinois Community Health Worker

5 Certification Board.

6 (a) There is created within the Department of Public

7 Health, in shared leadership with a statewide association

8 representing community health workers, the Illinois Community

9 Health Worker Certification Board. The Board shall serve as the

10 regulatory body that develops and has oversight of initial

11 community health workers certification and certification

12 renewals for both individuals and academic and community-based

13 training programs.

14 (b) A representative from the Department of Public Health,

15 the Department of Financial and Professional Regulation, the

16 Department of Healthcare and Family Services, and the

17 Department of Human Services shall serve on the Board. At least

18 one full-time professional shall be assigned to staff the Board

19 with additional administrative support available as needed.

20 The Board shall have balanced representation from the community

21 health worker workforce, community health worker employers,

22 community health worker training and educational

23 organizations, and other engaged stakeholders.

24 (c) The Board shall propose a certification process for and

25 be authorized to approve training from community-based

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1 organizations, in conjunction with a statewide organization

2 representing community health workers, and academic

3 institutions, in consultation with the Illinois State Board of

4 Education, the Illinois Community College Board and the

5 Illinois Board of Higher Education. The Board shall base

6 training approval on core competencies, best practices, and

7 affordability. In addition, the Board shall maintain a registry

8 of certification records for individually certified community

9 health workers.

10 (d) All training programs that are deemed certifiable by

11 the Board shall go through a renewal process, which will be

12 determined by the Board once established. The Board shall

13 establish criteria to grandfather in any community health

14 workers who were practicing prior to the establishment of a

15 certification program.

16 (e) To ensure high-quality service, the Illinois Community

17 Health Worker Certification Board shall examine and consider

18 for adoption best practices from other states that have

19 implemented policies to allow for alternative opportunities to

20 demonstrate competency in core skills and knowledge in addition

21 to certification.

22 (f) The Department of Public Health shall explore ways to

23 compensate members of the Board.

24 Section 5-20. Reimbursement. Community health worker

25 services shall be covered under the medical assistance program

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1 for persons who are otherwise eligible for medical assistance.

2 The Department of Healthcare and Family Services shall develop

3 services, including but not limited to, care coordination and

4 diagnostic-related patient services, for which community

5 health workers will be eligible for reimbursement and shall

6 request approval from the federal Centers for Medicare and

7 Medicaid Services to reimburse community health worker

8 services under the medical assistance program. Certification

9 shall not be required for reimbursement. In addition, the

10 Department of Healthcare and Family Services shall amend its

11 contracts with managed care entities to allow managed care

12 entities to employ community health workers or subcontract with

13 community-based organizations that employ community health

14 workers.

15 Section 5-25. Rules. The Department of Public Health and

16 the Department of Healthcare and Family Services may adopt

17 rules for the implementation and administration of this Act.

18 Title III. Hospital Reform

19 Article 10.

20 Section 10-5. The Hospital Licensing Act is amended by

21 changing Section 10.4 as follows:

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1 (210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)

2 Sec. 10.4. Medical staff privileges.

3 (a) Any hospital licensed under this Act or any hospital

4 organized under the University of Illinois Hospital Act shall,

5 prior to the granting of any medical staff privileges to an

6 applicant, or renewing a current medical staff member's

7 privileges, request of the Director of Professional Regulation

8 information concerning the licensure status, proper

9 credentials, required certificates, and any disciplinary

10 action taken against the applicant's or medical staff member's

11 license, except: (1) for medical personnel who enter a hospital

12 to obtain organs and tissues for transplant from a donor in

13 accordance with the Illinois Anatomical Gift Act; or (2) for

14 medical personnel who have been granted disaster privileges

15 pursuant to the procedures and requirements established by

16 rules adopted by the Department. Any hospital and any employees

17 of the hospital or others involved in granting privileges who,

18 in good faith, grant disaster privileges pursuant to this

19 Section to respond to an emergency shall not, as a result of

20 their acts or omissions, be liable for civil damages for

21 granting or denying disaster privileges except in the event of

22 willful and wanton misconduct, as that term is defined in

23 Section 10.2 of this Act. Individuals granted privileges who

24 provide care in an emergency situation, in good faith and

25 without direct compensation, shall not, as a result of their

26 acts or omissions, except for acts or omissions involving

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1 willful and wanton misconduct, as that term is defined in

2 Section 10.2 of this Act, on the part of the person, be liable

3 for civil damages. The Director of Professional Regulation

4 shall transmit, in writing and in a timely fashion, such

5 information regarding the license of the applicant or the

6 medical staff member, including the record of imposition of any

7 periods of supervision or monitoring as a result of alcohol or

8 substance abuse, as provided by Section 23 of the Medical

9 Practice Act of 1987, and such information as may have been

10 submitted to the Department indicating that the application or

11 medical staff member has been denied, or has surrendered,

12 medical staff privileges at a hospital licensed under this Act,

13 or any equivalent facility in another state or territory of the

14 United States. The Director of Professional Regulation shall

15 define by rule the period for timely response to such requests.

16 No transmittal of information by the Director of

17 Professional Regulation, under this Section shall be to other

18 than the president, chief operating officer, chief

19 administrative officer, or chief of the medical staff of a

20 hospital licensed under this Act, a hospital organized under

21 the University of Illinois Hospital Act, or a hospital operated

22 by the United States, or any of its instrumentalities. The

23 information so transmitted shall be afforded the same status as

24 is information concerning medical studies by Part 21 of Article

25 VIII of the Code of Civil Procedure, as now or hereafter

26 amended.

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1 (b) All hospitals licensed under this Act, except county

2 hospitals as defined in subsection (c) of Section 15-1 of the

3 Illinois Public Aid Code, shall comply with, and the medical

4 staff bylaws of these hospitals shall include rules consistent

5 with, the provisions of this Section in granting, limiting,

6 renewing, or denying medical staff membership and clinical

7 staff privileges. Hospitals that require medical staff members

8 to possess faculty status with a specific institution of higher

9 education are not required to comply with subsection (1) below

10 when the physician does not possess faculty status.

11 (1) Minimum procedures for pre-applicants and

12 applicants for medical staff membership shall include the

13 following:

14 (A) Written procedures relating to the acceptance

15 and processing of pre-applicants or applicants for

16 medical staff membership, which should be contained in

17 medical staff bylaws.

18 (B) Written procedures to be followed in

19 determining a pre-applicant's or an applicant's

20 qualifications for being granted medical staff

21 membership and privileges.

22 (C) Written criteria to be followed in evaluating a

23 pre-applicant's or an applicant's qualifications.

24 (D) An evaluation of a pre-applicant's or an

25 applicant's current health status and current license

26 status in Illinois.

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1 (E) A written response to each pre-applicant or

2 applicant that explains the reason or reasons for any

3 adverse decision (including all reasons based in whole

4 or in part on the applicant's medical qualifications or

5 any other basis, including economic factors).

6 (2) Minimum procedures with respect to medical staff

7 and clinical privilege determinations concerning current

8 members of the medical staff shall include the following:

9 (A) A written notice of an adverse decision.

10 (B) An explanation of the reasons for an adverse

11 decision including all reasons based on the quality of

12 medical care or any other basis, including economic

13 factors.

14 (C) A statement of the medical staff member's right

15 to request a fair hearing on the adverse decision

16 before a hearing panel whose membership is mutually

17 agreed upon by the medical staff and the hospital

18 governing board. The hearing panel shall have

19 independent authority to recommend action to the

20 hospital governing board. Upon the request of the

21 medical staff member or the hospital governing board,

22 the hearing panel shall make findings concerning the

23 nature of each basis for any adverse decision

24 recommended to and accepted by the hospital governing

25 board.

26 (i) Nothing in this subparagraph (C) limits a

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1 hospital's or medical staff's right to summarily

2 suspend, without a prior hearing, a person's

3 medical staff membership or clinical privileges if

4 the continuation of practice of a medical staff

5 member constitutes an immediate danger to the

6 public, including patients, visitors, and hospital

7 employees and staff. In the event that a hospital

8 or the medical staff imposes a summary suspension,

9 the Medical Executive Committee, or other

10 comparable governance committee of the medical

11 staff as specified in the bylaws, must meet as soon

12 as is reasonably possible to review the suspension

13 and to recommend whether it should be affirmed,

14 lifted, expunged, or modified if the suspended

15 physician requests such review. A summary

16 suspension may not be implemented unless there is

17 actual documentation or other reliable information

18 that an immediate danger exists. This

19 documentation or information must be available at

20 the time the summary suspension decision is made

21 and when the decision is reviewed by the Medical

22 Executive Committee. If the Medical Executive

23 Committee recommends that the summary suspension

24 should be lifted, expunged, or modified, this

25 recommendation must be reviewed and considered by

26 the hospital governing board, or a committee of the

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1 board, on an expedited basis. Nothing in this

2 subparagraph (C) shall affect the requirement that

3 any requested hearing must be commenced within 15

4 days after the summary suspension and completed

5 without delay unless otherwise agreed to by the

6 parties. A fair hearing shall be commenced within

7 15 days after the suspension and completed without

8 delay, except that when the medical staff member's

9 license to practice has been suspended or revoked

10 by the State's licensing authority, no hearing

11 shall be necessary.

12 (ii) Nothing in this subparagraph (C) limits a

13 medical staff's right to permit, in the medical

14 staff bylaws, summary suspension of membership or

15 clinical privileges in designated administrative

16 circumstances as specifically approved by the

17 medical staff. This bylaw provision must

18 specifically describe both the administrative

19 circumstance that can result in a summary

20 suspension and the length of the summary

21 suspension. The opportunity for a fair hearing is

22 required for any administrative summary

23 suspension. Any requested hearing must be

24 commenced within 15 days after the summary

25 suspension and completed without delay. Adverse

26 decisions other than suspension or other

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1 restrictions on the treatment or admission of

2 patients may be imposed summarily and without a

3 hearing under designated administrative

4 circumstances as specifically provided for in the

5 medical staff bylaws as approved by the medical

6 staff.

7 (iii) If a hospital exercises its option to

8 enter into an exclusive contract and that contract

9 results in the total or partial termination or

10 reduction of medical staff membership or clinical

11 privileges of a current medical staff member, the

12 hospital shall provide the affected medical staff

13 member 60 days prior notice of the effect on his or

14 her medical staff membership or privileges. An

15 affected medical staff member desiring a hearing

16 under subparagraph (C) of this paragraph (2) must

17 request the hearing within 14 days after the date

18 he or she is so notified. The requested hearing

19 shall be commenced and completed (with a report and

20 recommendation to the affected medical staff

21 member, hospital governing board, and medical

22 staff) within 30 days after the date of the medical

23 staff member's request. If agreed upon by both the

24 medical staff and the hospital governing board,

25 the medical staff bylaws may provide for longer

26 time periods.

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1 (C-5) All peer review used for the purpose of

2 credentialing, privileging, disciplinary action, or

3 other recommendations affecting medical staff

4 membership or exercise of clinical privileges, whether

5 relying in whole or in part on internal or external

6 reviews, shall be conducted in accordance with the

7 medical staff bylaws and applicable rules,

8 regulations, or policies of the medical staff. If

9 external review is obtained, any adverse report

10 utilized shall be in writing and shall be made part of

11 the internal peer review process under the bylaws. The

12 report shall also be shared with a medical staff peer

13 review committee and the individual under review. If

14 the medical staff peer review committee or the

15 individual under review prepares a written response to

16 the report of the external peer review within 30 days

17 after receiving such report, the governing board shall

18 consider the response prior to the implementation of

19 any final actions by the governing board which may

20 affect the individual's medical staff membership or

21 clinical privileges. Any peer review that involves

22 willful or wanton misconduct shall be subject to civil

23 damages as provided for under Section 10.2 of this Act.

24 (D) A statement of the member's right to inspect

25 all pertinent information in the hospital's possession

26 with respect to the decision.

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1 (E) A statement of the member's right to present

2 witnesses and other evidence at the hearing on the

3 decision.

4 (E-5) The right to be represented by a personal

5 attorney.

6 (F) A written notice and written explanation of the

7 decision resulting from the hearing.

8 (F-5) A written notice of a final adverse decision

9 by a hospital governing board.

10 (G) Notice given 15 days before implementation of

11 an adverse medical staff membership or clinical

12 privileges decision based substantially on economic

13 factors. This notice shall be given after the medical

14 staff member exhausts all applicable procedures under

15 this Section, including item (iii) of subparagraph (C)

16 of this paragraph (2), and under the medical staff

17 bylaws in order to allow sufficient time for the

18 orderly provision of patient care.

19 (H) Nothing in this paragraph (2) of this

20 subsection (b) limits a medical staff member's right to

21 waive, in writing, the rights provided in

22 subparagraphs (A) through (G) of this paragraph (2) of

23 this subsection (b) upon being granted the written

24 exclusive right to provide particular services at a

25 hospital, either individually or as a member of a

26 group. If an exclusive contract is signed by a

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1 representative of a group of physicians, a waiver

2 contained in the contract shall apply to all members of

3 the group unless stated otherwise in the contract.

4 (3) Every adverse medical staff membership and

5 clinical privilege decision based substantially on

6 economic factors shall be reported to the Hospital

7 Licensing Board before the decision takes effect. These

8 reports shall not be disclosed in any form that reveals the

9 identity of any hospital or physician. These reports shall

10 be utilized to study the effects that hospital medical

11 staff membership and clinical privilege decisions based

12 upon economic factors have on access to care and the

13 availability of physician services. The Hospital Licensing

14 Board shall submit an initial study to the Governor and the

15 General Assembly by January 1, 1996, and subsequent reports

16 shall be submitted periodically thereafter.

17 (4) As used in this Section:

18 "Adverse decision" means a decision reducing,

19 restricting, suspending, revoking, denying, or not

20 renewing medical staff membership or clinical privileges.

21 "Economic factor" means any information or reasons for

22 decisions unrelated to quality of care or professional

23 competency.

24 "Pre-applicant" means a physician licensed to practice

25 medicine in all its branches who requests an application

26 for medical staff membership or privileges.

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1 "Privilege" means permission to provide medical or

2 other patient care services and permission to use hospital

3 resources, including equipment, facilities and personnel

4 that are necessary to effectively provide medical or other

5 patient care services. This definition shall not be

6 construed to require a hospital to acquire additional

7 equipment, facilities, or personnel to accommodate the

8 granting of privileges.

9 (5) Any amendment to medical staff bylaws required

10 because of this amendatory Act of the 91st General Assembly

11 shall be adopted on or before July 1, 2001.

12 (c) All hospitals shall consult with the medical staff

13 prior to closing membership in the entire or any portion of the

14 medical staff or a department. If the hospital closes

15 membership in the medical staff, any portion of the medical

16 staff, or the department over the objections of the medical

17 staff, then the hospital shall provide a detailed written

18 explanation for the decision to the medical staff 10 days prior

19 to the effective date of any closure. No applications need to

20 be provided when membership in the medical staff or any

21 relevant portion of the medical staff is closed.

22 (Source: P.A. 96-445, eff. 8-14-09; 97-1006, eff. 8-17-12.)

23 Article 15.

24 Section 15-3. The Illinois Health Finance Reform Act is

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1 amended by changing Section 4-4 as follows:

2 (20 ILCS 2215/4-4) (from Ch. 111 1/2, par. 6504-4)

3 Sec. 4-4. (a) Hospitals shall make available to prospective

4 patients information on the normal charge incurred for any

5 procedure or operation the prospective patient is considering.

6 (b) The Department of Public Health shall require hospitals

7 to post, either by physical or electronic means, in prominent

8 letters, ~~in letters no more than one inch in height~~ the

9 established charges for services, where applicable, including

10 but not limited to the hospital's private room charge,

11 semi-private room charge, charge for a room with 3 or more

12 beds, intensive care room charges, emergency room charge,

13 operating room charge, electrocardiogram charge, anesthesia

14 charge, chest x-ray charge, blood sugar charge, blood chemistry

15 charge, tissue exam charge, blood typing charge and Rh factor

16 charge. The definitions of each charge to be posted shall be

17 determined by the Department.

18 (Source: P.A. 92-597, eff. 7-1-02.)

19 Section 15-5. The Hospital Licensing Act is amended by

20 changing Sections 6, 6.14c, 10.10, and 11.5 as follows:

21 (210 ILCS 85/6) (from Ch. 111 1/2, par. 147)

22 Sec. 6. (a) Upon receipt of an application for a permit to

23 establish a hospital the Director shall issue a permit if he

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1 finds (1) that the applicant is fit, willing, and able to

2 provide a proper standard of hospital service for the community

3 with particular regard to the qualification, background, and

4 character of the applicant, (2) that the financial resources

5 available to the applicant demonstrate an ability to construct,

6 maintain, and operate a hospital in accordance with the

7 standards, rules, and regulations adopted pursuant to this Act,

8 and (3) that safeguards are provided which assure hospital

9 operation and maintenance consistent with the public interest

10 having particular regard to safe, adequate, and efficient

11 hospital facilities and services.

12 The Director may request the cooperation of county and

13 multiple-county health departments, municipal boards of

14 health, and other governmental and non-governmental agencies

15 in obtaining information and in conducting investigations

16 relating to such applications.

17 A permit to establish a hospital shall be valid only for

18 the premises and person named in the application for such

19 permit and shall not be transferable or assignable.

20 In the event the Director issues a permit to establish a

21 hospital the applicant shall thereafter submit plans and

22 specifications to the Department in accordance with Section 8

23 of this Act.

24 (b) Upon receipt of an application for license to open,

25 conduct, operate, and maintain a hospital, the Director shall

26 issue a license if he finds the applicant and the hospital

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1 facilities comply with standards, rules, and regulations

2 promulgated under this Act. A license, unless sooner suspended

3 or revoked, shall be renewable annually upon approval by the

4 Department and payment of a license fee as established pursuant

5 to Section 5 of this Act. Each license shall be issued only for

6 the premises and persons named in the application and shall not

7 be transferable or assignable. Licenses shall be posted, either

8 by physical or electronic means,in a conspicuous place on the

9 licensed premises. The Department may, either before or after

10 the issuance of a license, request the cooperation of the State

11 Fire Marshal, county and multiple county health departments, or

12 municipal boards of health to make investigations to determine

13 if the applicant or licensee is complying with the minimum

14 standards prescribed by the Department. The report and

15 recommendations of any such agency shall be in writing and

16 shall state with particularity its findings with respect to

17 compliance or noncompliance with such minimum standards,

18 rules, and regulations.

19 The Director may issue a provisional license to any

20 hospital which does not substantially comply with the

21 provisions of this Act and the standards, rules, and

22 regulations promulgated by virtue thereof provided that he

23 finds that such hospital has undertaken changes and corrections

24 which upon completion will render the hospital in substantial

25 compliance with the provisions of this Act, and the standards,

26 rules, and regulations adopted hereunder, and provided that the

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1 health and safety of the patients of the hospital will be

2 protected during the period for which such provisional license

3 is issued. The Director shall advise the licensee of the

4 conditions under which such provisional license is issued,

5 including the manner in which the hospital facilities fail to

6 comply with the provisions of the Act, standards, rules, and

7 regulations, and the time within which the changes and

8 corrections necessary for such hospital facilities to

9 substantially comply with this Act, and the standards, rules,

10 and regulations of the Department relating thereto shall be

11 completed.

12 (Source: P.A. 98-683, eff. 6-30-14.)

13 (210 ILCS 85/6.14c)

14 Sec. 6.14c. Posting of information. Every hospital shall

15 conspicuously post, either by physical or electronic means,for

16 display in an area of its offices accessible to patients,

17 employees, and visitors the following:

18 (1) its current license;

19 (2) a description, provided by the Department, of

20 complaint procedures established under this Act and the

21 name, address, and telephone number of a person authorized

22 by the Department to receive complaints;

23 (3) a list of any orders pertaining to the hospital

24 issued by the Department during the past year and any court

25 orders reviewing such Department orders issued during the

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1 past year; and

2 (4) a list of the material available for public

3 inspection under Section 6.14d.

4 Each hospital shall post, either by physical or electronic

5 means, in each facility that has an emergency room, a notice in

6 a conspicuous location in the emergency room with information

7 about how to enroll in health insurance through the Illinois

8 health insurance marketplace in accordance with Sections 1311

9 and 1321 of the federal Patient Protection and Affordable Care

10 Act.

11 (Source: P.A. 101-117, eff. 1-1-20.)

12 (210 ILCS 85/10.10)

13 Sec. 10.10. Nurse Staffing by Patient Acuity.

14 (a) Findings. The Legislature finds and declares all of the

15 following:

16 (1) The State of Illinois has a substantial interest in

17 promoting quality care and improving the delivery of health

18 care services.

19 (2) Evidence-based studies have shown that the basic

20 principles of staffing in the acute care setting should be

21 based on the complexity of patients' care needs aligned

22 with available nursing skills to promote quality patient

23 care consistent with professional nursing standards.

24 (3) Compliance with this Section promotes an

25 organizational climate that values registered nurses'

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1 input in meeting the health care needs of hospital

2 patients.

3 (b) Definitions. As used in this Section:

4 "Acuity model" means an assessment tool selected and

5 implemented by a hospital, as recommended by a nursing care

6 committee, that assesses the complexity of patient care needs

7 requiring professional nursing care and skills and aligns

8 patient care needs and nursing skills consistent with

9 professional nursing standards.

10 "Department" means the Department of Public Health.

11 "Direct patient care" means care provided by a registered

12 professional nurse with direct responsibility to oversee or

13 carry out medical regimens or nursing care for one or more

14 patients.

15 "Nursing care committee" means an existing or newly created

16 hospital-wide committee or committees of nurses whose

17 functions, in part or in whole, contribute to the development,

18 recommendation, and review of the hospital's nurse staffing

19 plan established pursuant to subsection (d).

20 "Registered professional nurse" means a person licensed as

21 a Registered Nurse under the Nurse Practice Act.

22 "Written staffing plan for nursing care services" means a

23 written plan for guiding the assignment of patient care nursing

24 staff based on multiple nurse and patient considerations that

25 yield minimum staffing levels for inpatient care units and the

26 adopted acuity model aligning patient care needs with nursing

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1 skills required for quality patient care consistent with

2 professional nursing standards.

3 (c) Written staffing plan.

4 (1) Every hospital shall implement a written

5 hospital-wide staffing plan, recommended by a nursing care

6 committee or committees, that provides for minimum direct

7 care professional registered nurse-to-patient staffing

8 needs for each inpatient care unit. The written

9 hospital-wide staffing plan shall include, but need not be

10 limited to, the following considerations:

11 (A) The complexity of complete care, assessment on

12 patient admission, volume of patient admissions,

13 discharges and transfers, evaluation of the progress

14 of a patient's problems, ongoing physical assessments,

15 planning for a patient's discharge, assessment after a

16 change in patient condition, and assessment of the need

17 for patient referrals.

18 (B) The complexity of clinical professional

19 nursing judgment needed to design and implement a

20 patient's nursing care plan, the need for specialized

21 equipment and technology, the skill mix of other

22 personnel providing or supporting direct patient care,

23 and involvement in quality improvement activities,

24 professional preparation, and experience.

25 (C) Patient acuity and the number of patients for

26 whom care is being provided.

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1 (D) The ongoing assessments of a unit's patient

2 acuity levels and nursing staff needed shall be

3 routinely made by the unit nurse manager or his or her

4 designee.

5 (E) The identification of additional registered

6 nurses available for direct patient care when

7 patients' unexpected needs exceed the planned workload

8 for direct care staff.

9 (2) In order to provide staffing flexibility to meet

10 patient needs, every hospital shall identify an acuity

11 model for adjusting the staffing plan for each inpatient

12 care unit.

13 (3) The written staffing plan shall be posted, either

14 by physical or electronic means, in a conspicuous and

15 accessible location for both patients and direct care

16 staff, as required under the Hospital Report Card Act. A

17 copy of the written staffing plan shall be provided to any

18 member of the general public upon request.

19 (d) Nursing care committee.

20 (1) Every hospital shall have a nursing care committee.

21 A hospital shall appoint members of a committee whereby at

22 least 50% of the members are registered professional nurses

23 providing direct patient care.

24 (2) A nursing care committee's recommendations must be

25 given significant regard and weight in the hospital's

26 adoption and implementation of a written staffing plan.

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1 (3) A nursing care committee or committees shall

2 recommend a written staffing plan for the hospital based on

3 the principles from the staffing components set forth in

4 subsection (c). In particular, a committee or committees

5 shall provide input and feedback on the following:

6 (A) Selection, implementation, and evaluation of

7 minimum staffing levels for inpatient care units.

8 (B) Selection, implementation, and evaluation of

9 an acuity model to provide staffing flexibility that

10 aligns changing patient acuity with nursing skills

11 required.

12 (C) Selection, implementation, and evaluation of a

13 written staffing plan incorporating the items

14 described in subdivisions (c)(1) and (c)(2) of this

15 Section.

16 (D) Review the following: nurse-to-patient

17 staffing guidelines for all inpatient areas; and

18 current acuity tools and measures in use.

19 (4) A nursing care committee must address the items

20 described in subparagraphs (A) through (D) of paragraph (3)

21 semi-annually.

22 (e) Nothing in this Section 10.10 shall be construed to

23 limit, alter, or modify any of the terms, conditions, or

24 provisions of a collective bargaining agreement entered into by

25 the hospital.

26 (Source: P.A. 96-328, eff. 8-11-09; 97-423, eff. 1-1-12;

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1 97-813, eff. 7-13-12.)

2 (210 ILCS 85/11.5)

3 Sec. 11.5. Uniform standards of obstetrical care

4 regardless of ability to pay.

5 (a) No hospital may promulgate policies or implement

6 practices that determine differing standards of obstetrical

7 care based upon a patient's source of payment or ability to pay

8 for medical services.

9 (b) Each hospital shall develop a written policy statement

10 reflecting the requirements of subsection (a) and shall post,

11 either by physical or electronic means, written notices of this

12 policy in the obstetrical admitting areas of the hospital by

13 July 1, 2004. Notices posted pursuant to this Section shall be

14 posted in the predominant language or languages spoken in the

15 hospital's service area.

16 (Source: P.A. 93-981, eff. 8-23-04.)

17 Section 15-10. The Language Assistance Services Act is

18 amended by changing Section 15 as follows:

19 (210 ILCS 87/15)

20 Sec. 15. Language assistance services.

21 (a) To ensure access to health care information and

22 services for limited-English-speaking or non-English-speaking

23 residents and deaf residents, a health facility must do the

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1 following:

2 (1) Adopt and review annually a policy for providing

3 language assistance services to patients with language or

4 communication barriers. The policy shall include

5 procedures for providing, to the extent possible as

6 determined by the facility, the use of an interpreter

7 whenever a language or communication barrier exists,

8 except where the patient, after being informed of the

9 availability of the interpreter service, chooses to use a

10 family member or friend who volunteers to interpret. The

11 procedures shall be designed to maximize efficient use of

12 interpreters and minimize delays in providing interpreters

13 to patients. The procedures shall insure, to the extent

14 possible as determined by the facility, that interpreters

15 are available, either on the premises or accessible by

16 telephone, 24 hours a day. The facility shall annually

17 transmit to the Department of Public Health a copy of the

18 updated policy and shall include a description of the

19 facility's efforts to insure adequate and speedy

20 communication between patients with language or

21 communication barriers and staff.

22 (2) Develop, and post, either by physical or electronic

23 means, in conspicuous locations, notices that advise

24 patients and their families of the availability of

25 interpreters, the procedure for obtaining an interpreter,

26 and the telephone numbers to call for filing complaints

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1 concerning interpreter service problems, including, but

2 not limited to, a TTY number for persons who are deaf or

3 hard of hearing. The notices shall be posted, at a minimum,

4 in the emergency room, the admitting area, the facility

5 entrance, and the outpatient area. Notices shall inform

6 patients that interpreter services are available on

7 request, shall list the languages most commonly

8 encountered at the facility for which interpreter services

9 are available, and shall instruct patients to direct

10 complaints regarding interpreter services to the

11 Department of Public Health, including the telephone

12 numbers to call for that purpose.

13 (3) Notify the facility's employees of the language

14 services available at the facility and train them on how to

15 make those language services available to patients.

16 (b) In addition, a health facility may do one or more of

17 the following:

18 (1) Identify and record a patient's primary language

19 and dialect on one or more of the following: a patient

20 medical chart, hospital bracelet, bedside notice, or

21 nursing card.

22 (2) Prepare and maintain, as needed, a list of

23 interpreters who have been identified as proficient in sign

24 language according to the Interpreter for the Deaf

25 Licensure Act of 2007 and a list of the languages of the

26 population of the geographical area served by the facility.

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1 (3) Review all standardized written forms, waivers,

2 documents, and informational materials available to

3 patients on admission to determine which to translate into

4 languages other than English.

5 (4) Consider providing its nonbilingual staff with

6 standardized picture and phrase sheets for use in routine

7 communications with patients who have language or

8 communication barriers.

9 (5) Develop community liaison groups to enable the

10 facility and the limited-English-speaking,

11 non-English-speaking, and deaf communities to ensure the

12 adequacy of the interpreter services.

13 (Source: P.A. 98-756, eff. 7-16-14.)

14 Section 15-15. The Fair Patient Billing Act is amended by

15 changing Section 15 as follows:

16 (210 ILCS 88/15)

17 Sec. 15. Patient notification.

18 (a) Each hospital shall post a sign with the following

19 notice:

20 "You may be eligible for financial assistance under

21 the terms and conditions the hospital offers to qualified

22 patients. For more information contact [hospital financial

23 assistance representative]".

24 (b) The sign under subsection (a) shall be posted, either

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1 by physical or electronic means, conspicuously in the admission

2 and registration areas of the hospital.

3 (c) The sign shall be in English, and in any other language

4 that is the primary language of at least 5% of the patients

5 served by the hospital annually.

6 (d) Each hospital that has a website must post a notice in

7 a prominent place on its website that financial assistance is

8 available at the hospital, a description of the financial

9 assistance application process, and a copy of the financial

10 assistance application.

11 (e) Within 180 days after the effective date of this

12 amendatory Act of the 101st General Assembly, each ~~Each~~

13 hospital must make available information regarding financial

14 assistance from the hospital in the form of either a brochure,

15 an application for financial assistance, or other written or

16 electronic material in the emergency room, ~~material in the~~

17 hospital admission, or registration area.

18 (Source: P.A. 94-885, eff. 1-1-07.)

19 Section 15-16. The Health Care Violence Prevention Act is

20 amended by changing Section 15 as follows:

21 (210 ILCS 160/15)

22 Sec. 15. Workplace safety.

23 (a) A health care worker who contacts law enforcement or

24 files a report with law enforcement against a patient or

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1 individual because of workplace violence shall provide notice

2 to management of the health care provider by which he or she is

3 employed within 3 days after contacting law enforcement or

4 filing the report.

5 (b) No management of a health care provider may discourage

6 a health care worker from exercising his or her right to

7 contact law enforcement or file a report with law enforcement

8 because of workplace violence.

9 (c) A health care provider that employs a health care

10 worker shall display a notice, either by physical or electronic

11 means, stating that verbal aggression will not be tolerated and

12 physical assault will be reported to law enforcement.

13 (d) The health care provider shall offer immediate

14 post-incident services for a health care worker directly

15 involved in a workplace violence incident caused by patients or

16 their visitors, including acute treatment and access to

17 psychological evaluation.

18 (Source: P.A. 100-1051, eff. 1-1-19.)

19 Section 15-17. The Medical Patient Rights Act is amended by

20 changing Sections 3.4 and 5.2 as follows:

21 (410 ILCS 50/3.4)

22 Sec. 3.4. Rights of women; pregnancy and childbirth.

23 (a) In addition to any other right provided under this Act,

24 every woman has the following rights with regard to pregnancy

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1 and childbirth:

2 (1) The right to receive health care before, during,

3 and after pregnancy and childbirth.

4 (2) The right to receive care for her and her infant

5 that is consistent with generally accepted medical

6 standards.

7 (3) The right to choose a certified nurse midwife or

8 physician as her maternity care professional.

9 (4) The right to choose her birth setting from the full

10 range of birthing options available in her community.

11 (5) The right to leave her maternity care professional

12 and select another if she becomes dissatisfied with her

13 care, except as otherwise provided by law.

14 (6) The right to receive information about the names of

15 those health care professionals involved in her care.

16 (7) The right to privacy and confidentiality of

17 records, except as provided by law.

18 (8) The right to receive information concerning her

19 condition and proposed treatment, including methods of

20 relieving pain.

21 (9) The right to accept or refuse any treatment, to the

22 extent medically possible.

23 (10) The right to be informed if her caregivers wish to

24 enroll her or her infant in a research study in accordance

25 with Section 3.1 of this Act.

26 (11) The right to access her medical records in

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1 accordance with Section 8-2001 of the Code of Civil

2 Procedure.

3 (12) The right to receive information in a language in

4 which she can communicate in accordance with federal law.

5 (13) The right to receive emotional and physical

6 support during labor and birth.

7 (14) The right to freedom of movement during labor and

8 to give birth in the position of her choice, within

9 generally accepted medical standards.

10 (15) The right to contact with her newborn, except

11 where necessary care must be provided to the mother or

12 infant.

13 (16) The right to receive information about

14 breastfeeding.

15 (17) The right to decide collaboratively with

16 caregivers when she and her baby will leave the birth site

17 for home, based on their conditions and circumstances.

18 (18) The right to be treated with respect at all times

19 before, during, and after pregnancy by her health care

20 professionals.

21 (19) The right of each patient, regardless of source of

22 payment, to examine and receive a reasonable explanation of

23 her total bill for services rendered by her maternity care

24 professional or health care provider, including itemized

25 charges for specific services received. Each maternity

26 care professional or health care provider shall be

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1 responsible only for a reasonable explanation of those

2 specific services provided by the maternity care

3 professional or health care provider.

4 (b) The Department of Public Health, Department of

5 Healthcare and Family Services, Department of Children and

6 Family Services, and Department of Human Services shall post,

7 either by physical or electronic means, information about these

8 rights on their publicly available websites. Every health care

9 provider, day care center licensed under the Child Care Act of

10 1969, Head Start, and community center shall post information

11 about these rights in a prominent place and on their websites,

12 if applicable.

13 (c) The Department of Public Health shall adopt rules to

14 implement this Section.

15 (d) Nothing in this Section or any rules adopted under

16 subsection (c) shall be construed to require a physician,

17 health care professional, hospital, hospital affiliate, or

18 health care provider to provide care inconsistent with

19 generally accepted medical standards or available capabilities

20 or resources.

21 (Source: P.A. 101-445, eff. 1-1-20.)

22 (410 ILCS 50/5.2)

23 Sec. 5.2. Emergency room anti-discrimination notice. Every

24 hospital shall post, either by physical or electronic means, a

25 sign next to or in close proximity of its sign required by

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1 Section 489.20 (q)(1) of Title 42 of the Code of Federal

2 Regulations stating the following:

3 "You have the right not to be discriminated against by the

4 hospital due to your race, color, or national origin if these

5 characteristics are unrelated to your diagnosis or treatment.

6 If you believe this right has been violated, please call

7 (insert number for hospital grievance officer).".

8 (Source: P.A. 97-485, eff. 8-22-11.)

9 Section 15-20. The Smoke Free Illinois Act is amended by

10 changing Section 20 as follows:

11 (410 ILCS 82/20)

12 Sec. 20. Posting of signs; removal of ashtrays.

13 (a) "No Smoking" signs or the international "No Smoking"

14 symbol, consisting of a pictorial representation of a burning

15 cigarette enclosed in a red circle with a red bar across it,

16 shall be clearly and conspicuously posted in each public place

17 and place of employment where smoking is prohibited by this Act

18 by the owner, operator, manager, or other person in control of

19 that place. When the public place or place of employment is a

20 health care facility, the "No Smoking" sign or symbol may be

21 posted by electronic means.

22 (b) Each public place and place of employment where smoking

23 is prohibited by this Act shall have posted at every entrance a

24 conspicuous sign clearly stating that smoking is prohibited.

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1 When the public place or place of employment is a health care

2 facility, the sign may be posted by electronic means.

3 (c) All ashtrays shall be removed from any area where

4 smoking is prohibited by this Act by the owner, operator,

5 manager, or other person having control of the area.

6 (Source: P.A. 95-17, eff. 1-1-08.)

7 Section 15-25. The Abandoned Newborn Infant Protection Act

8 is amended by changing Section 22 as follows:

9 (325 ILCS 2/22)

10 Sec. 22. Signs. Every hospital, fire station, emergency

11 medical facility, and police station that is required to accept

12 a relinquished newborn infant in accordance with this Act must

13 post, either by physical or electronic means, a sign in a

14 conspicuous place on the exterior of the building housing the

15 facility informing persons that a newborn infant may be

16 relinquished at the facility in accordance with this Act. The

17 Department shall prescribe specifications for the signs and for

18 their placement that will ensure statewide uniformity.

19 This Section does not apply to a hospital, fire station,

20 emergency medical facility, or police station that has a sign

21 that is consistent with the requirements of this Section that

22 is posted on the effective date of this amendatory Act of the

23 95th General Assembly.

24 (Source: P.A. 95-275, eff. 8-17-07.)

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1 Section 15-30. The Crime Victims Compensation Act is

2 amended by changing Section 5.1 as follows:

3 (740 ILCS 45/5.1) (from Ch. 70, par. 75.1)

4 Sec. 5.1. (a) Every hospital licensed under the laws of

5 this State shall display prominently in its emergency room

6 posters giving notification of the existence and general

7 provisions of this Act. The posters may be displayed by

8 physical or electronic means.Such posters shall be provided by

9 the Attorney General.

10 (b) Any law enforcement agency that investigates an offense

11 committed in this State shall inform the victim of the offense

12 or his dependents concerning the availability of an award of

13 compensation and advise such persons that any information

14 concerning this Act and the filing of a claim may be obtained

15 from the office of the Attorney General.

16 (Source: P.A. 81-1013.)

17 Section 15-35. The Human Trafficking Resource Center

18 Notice Act is amended by changing Sections 5 and 10 as follows:

19 (775 ILCS 50/5)

20 Sec. 5. Posted notice required.

21 (a) Each of the following businesses and other

22 establishments shall, upon the availability of the model notice

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1 described in Section 15 of this Act, post a notice that

2 complies with the requirements of this Act in a conspicuous

3 place near the public entrance of the establishment or in

4 another conspicuous location in clear view of the public and

5 employees where similar notices are customarily posted:

6 (1) On premise consumption retailer licensees under

7 the Liquor Control Act of 1934 where the sale of alcoholic

8 liquor is the principal business carried on by the licensee

9 at the premises and primary to the sale of food.

10 (2) Adult entertainment facilities, as defined in

11 Section 5-1097.5 of the Counties Code.

12 (3) Primary airports, as defined in Section 47102(16)

13 of Title 49 of the United States Code.

14 (4) Intercity passenger rail or light rail stations.

15 (5) Bus stations.

16 (6) Truck stops. For purposes of this Act, "truck stop"

17 means a privately-owned and operated facility that

18 provides food, fuel, shower or other sanitary facilities,

19 and lawful overnight truck parking.

20 (7) Emergency rooms within general acute care

21 hospitals, in which case the notice may be posted by

22 electronic means.

23 (8) Urgent care centers, in which case the notice may

24 be posted by electronic means.

25 (9) Farm labor contractors. For purposes of this Act,

26 "farm labor contractor" means: (i) any person who for a fee

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1 or other valuable consideration recruits, supplies, or

2 hires, or transports in connection therewith, into or

3 within the State, any farmworker not of the contractor's

4 immediate family to work for, or under the direction,

5 supervision, or control of, a third person; or (ii) any

6 person who for a fee or other valuable consideration

7 recruits, supplies, or hires, or transports in connection

8 therewith, into or within the State, any farmworker not of

9 the contractor's immediate family, and who for a fee or

10 other valuable consideration directs, supervises, or

11 controls all or any part of the work of the farmworker or

12 who disburses wages to the farmworker. However, "farm labor

13 contractor" does not include full-time regular employees

14 of food processing companies when the employees are engaged

15 in recruiting for the companies if those employees are not

16 compensated according to the number of farmworkers they

17 recruit.

18 (10) Privately-operated job recruitment centers.

19 (11) Massage establishments. As used in this Act,

20 "massage establishment" means a place of business in which

21 any method of massage therapy is administered or practiced

22 for compensation. "Massage establishment" does not

23 include: an establishment at which persons licensed under

24 the Medical Practice Act of 1987, the Illinois Physical

25 Therapy Act, or the Naprapathic Practice Act engage in

26 practice under one of those Acts; a business owned by a

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1 sole licensed massage therapist; or a cosmetology or

2 esthetics salon registered under the Barber, Cosmetology,

3 Esthetics, Hair Braiding, and Nail Technology Act of 1985.

4 (b) The Department of Transportation shall, upon the

5 availability of the model notice described in Section 15 of

6 this Act, post a notice that complies with the requirements of

7 this Act in a conspicuous place near the public entrance of

8 each roadside rest area or in another conspicuous location in

9 clear view of the public and employees where similar notices

10 are customarily posted.

11 (c) The owner of a hotel or motel shall, upon the

12 availability of the model notice described in Section 15 of

13 this Act, post a notice that complies with the requirements of

14 this Act in a conspicuous and accessible place in or about the

15 premises in clear view of the employees where similar notices

16 are customarily posted.

17 (d) The organizer of a public gathering or special event

18 that is conducted on property open to the public and requires

19 the issuance of a permit from the unit of local government

20 shall post a notice that complies with the requirements of this

21 Act in a conspicuous and accessible place in or about the

22 premises in clear view of the public and employees where

23 similar notices are customarily posted.

24 (e) The administrator of a public or private elementary

25 school or public or private secondary school shall post a

26 printout of the downloadable notice provided by the Department

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1 of Human Services under Section 15 that complies with the

2 requirements of this Act in a conspicuous and accessible place

3 chosen by the administrator in the administrative office or

4 another location in view of school employees. School districts

5 and personnel are not subject to the penalties provided under

6 subsection (a) of Section 20.

7 (f) The owner of an establishment registered under the

8 Tattoo and Body Piercing Establishment Registration Act shall

9 post a notice that complies with the requirements of this Act

10 in a conspicuous and accessible place in clear view of

11 establishment employees.

12 (Source: P.A. 99-99, eff. 1-1-16; 99-565, eff. 7-1-17; 100-671,

13 eff. 1-1-19.)

14 (775 ILCS 50/10)

15 Sec. 10. Form of posted notice.

16 (a) The notice required under this Act shall be at least 8

17 1/2 inches by 11 inches in size, written in a 16-point font,

18 except that when the notice is provided by electronic means the

19 size of the notice and font shall not be required to comply

20 with these specifications, and shall state the following:

21 "If you or someone you know is being forced to engage in any

22 activity and cannot leave, whether it is commercial sex,

23 housework, farm work, construction, factory, retail, or

24 restaurant work, or any other activity, call the National Human

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1 Trafficking Resource Center at 1-888-373-7888 to access help

2 and services.

3 Victims of slavery and human trafficking are protected under

4 United States and Illinois law. The hotline is:

5 * Available 24 hours a day, 7 days a week.

6 * Toll-free.

7 * Operated by nonprofit nongovernmental organizations.

8 * Anonymous and confidential.

9 * Accessible in more than 160 languages.

10 * Able to provide help, referral to services, training,

11 and general information.".

12 (b) The notice shall be printed in English, Spanish, and in

13 one other language that is the most widely spoken language in

14 the county where the establishment is located and for which

15 translation is mandated by the federal Voting Rights Act, as

16 applicable. This subsection does not require a business or

17 other establishment in a county where a language other than

18 English or Spanish is the most widely spoken language to print

19 the notice in more than one language in addition to English and

20 Spanish.

21 (Source: P.A. 99-99, eff. 1-1-16.)

22 Article 20.

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1 Section 20-5. The University of Illinois Hospital Act is

2 amended by adding Section 8d as follows:

3 (110 ILCS 330/8d new)

4 Sec. 8d. N95 masks. The University of Illinois Hospital

5 shall provide N95 masks to physicians licensed under the

6 Medical Practice Act of 1987, registered nurses and advanced

7 practice registered nurses licensed under the Nurse Licensing

8 Act, and other employees, to the extent the hospital determines

9 that the physician, registered nurse, advanced practice

10 registered nurse, or other employee is required to have such a

11 mask to serve patients of the hospital, in accordance with the

12 policies, guidance, and recommendations of State and federal

13 public health and infection control authorities and taking into

14 consideration the limitations on access to N95 masks caused by

15 disruptions in local, State, national, and international

16 supply chains; however, nothing in this Section shall be

17 construed to impose any new duty or obligation on the hospital

18 that is greater than that imposed under State and federal laws

19 in effect on the effective date of this amendatory Act of the

20 101st General Assembly. This Section is repealed on December

21 31, 2021.

22 Section 20-10. The Hospital Licensing Act is amended by

23 adding Section 6.28 as follows:

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1 (210 ILCS 85/6.28 new)

2 Sec. 6.28. N95 masks. A hospital licensed under this Act

3 shall provide N95 masks to physicians licensed under the

4 Medical Practice Act of 1987, registered nurses and advanced

5 practice registered nurses licensed under the Nurse Licensing

6 Act, and other employees, to the extent the hospital determines

7 that the physician, registered nurse, advanced practice

8 registered nurse, or other employee is required to have such a

9 mask to serve patients of the hospital, in accordance with the

10 policies, guidance, and recommendations of State and federal

11 public health and infection control authorities and taking into

12 consideration the limitations on access to N95 masks caused by

13 disruptions in local, State, national, and international

14 supply chains; however, nothing in this Section shall be

15 construed to impose any new duty or obligation on the hospital

16 that is greater than that imposed under State and federal laws

17 in effect on the effective date of this amendatory Act of the

18 101st General Assembly. This Section is repealed on December

19 31, 2021.

20 Article 35.

21 Section 35-5. The Illinois Public Aid Code is amended by

22 changing Section 5-5.05 as follows:

23 (305 ILCS 5/5-5.05)

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1 Sec. 5-5.05. Hospitals; psychiatric services.

2 (a) On and after July 1, 2008, the inpatient, per diem rate

3 to be paid to a hospital for inpatient psychiatric services

4 shall be $363.77.

5 (b) For purposes of this Section, "hospital" means the

6 following:

7 (1) Advocate Christ Hospital, Oak Lawn, Illinois.

8 (2) Barnes-Jewish Hospital, St. Louis, Missouri.

9 (3) BroMenn Healthcare, Bloomington, Illinois.

10 (4) Jackson Park Hospital, Chicago, Illinois.

11 (5) Katherine Shaw Bethea Hospital, Dixon, Illinois.

12 (6) Lawrence County Memorial Hospital, Lawrenceville,

13 Illinois.

14 (7) Advocate Lutheran General Hospital, Park Ridge,

15 Illinois.

16 (8) Mercy Hospital and Medical Center, Chicago,

17 Illinois.

18 (9) Methodist Medical Center of Illinois, Peoria,

19 Illinois.

20 (10) Provena United Samaritans Medical Center,

21 Danville, Illinois.

22 (11) Rockford Memorial Hospital, Rockford, Illinois.

23 (12) Sarah Bush Lincoln Health Center, Mattoon,

24 Illinois.

25 (13) Provena Covenant Medical Center, Urbana,

26 Illinois.

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1 (14) Rush-Presbyterian-St. Luke's Medical Center,

2 Chicago, Illinois.

3 (15) Mt. Sinai Hospital, Chicago, Illinois.

4 (16) Gateway Regional Medical Center, Granite City,

5 Illinois.

6 (17) St. Mary of Nazareth Hospital, Chicago, Illinois.

7 (18) Provena St. Mary's Hospital, Kankakee, Illinois.

8 (19) St. Mary's Hospital, Decatur, Illinois.

9 (20) Memorial Hospital, Belleville, Illinois.

10 (21) Swedish Covenant Hospital, Chicago, Illinois.

11 (22) Trinity Medical Center, Rock Island, Illinois.

12 (23) St. Elizabeth Hospital, Chicago, Illinois.

13 (24) Richland Memorial Hospital, Olney, Illinois.

14 (25) St. Elizabeth's Hospital, Belleville, Illinois.

15 (26) Samaritan Health System, Clinton, Iowa.

16 (27) St. John's Hospital, Springfield, Illinois.

17 (28) St. Mary's Hospital, Centralia, Illinois.

18 (29) Loretto Hospital, Chicago, Illinois.

19 (30) Kenneth Hall Regional Hospital, East St. Louis,

20 Illinois.

21 (31) Hinsdale Hospital, Hinsdale, Illinois.

22 (32) Pekin Hospital, Pekin, Illinois.

23 (33) University of Chicago Medical Center, Chicago,

24 Illinois.

25 (34) St. Anthony's Health Center, Alton, Illinois.

26 (35) OSF St. Francis Medical Center, Peoria, Illinois.

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1 (36) Memorial Medical Center, Springfield, Illinois.

2 (37) A hospital with a distinct part unit for

3 psychiatric services that begins operating on or after July

4 1, 2008.

5 For purposes of this Section, "inpatient psychiatric

6 services" means those services provided to patients who are in

7 need of short-term acute inpatient hospitalization for active

8 treatment of an emotional or mental disorder.

9 (b-5) Notwithstanding any other provision of this Section,

10 the inpatient, per diem rate to be paid to all safety-net

11 hospitals for inpatient psychiatric services on and after

12 January 1, 2021 shall be at least $630.

13 (c) No rules shall be promulgated to implement this

14 Section. For purposes of this Section, "rules" is given the

15 meaning contained in Section 1-70 of the Illinois

16 Administrative Procedure Act.

17 (d) This Section shall not be in effect during any period

18 of time that the State has in place a fully operational

19 hospital assessment plan that has been approved by the Centers

20 for Medicare and Medicaid Services of the U.S. Department of

21 Health and Human Services.

22 (e) On and after July 1, 2012, the Department shall reduce

23 any rate of reimbursement for services or other payments or

24 alter any methodologies authorized by this Code to reduce any

25 rate of reimbursement for services or other payments in

26 accordance with Section 5-5e.

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1 (Source: P.A. 97-689, eff. 6-14-12.)

2 Title IV. Medical Implicit Bias

3 Article 45.

4 Section 45-5. The Department of Professional Regulation

5 Law of the Civil Administrative Code of Illinois is amended by

6 adding Section 2105-15.7 as follows:

7 (20 ILCS 2105/2105-15.7 new)

8 Sec. 2105-15.7. Implicit bias awareness training.

9 (a) As used in this Section, "health care professional"

10 means a person licensed or registered by the Department of

11 Financial and Professional Regulation under the following

12 Acts: Medical Practice Act of 1987, Nurse Practice Act,

13 Clinical Psychologist Licensing Act, Illinois Dental Practice

14 Act, Illinois Optometric Practice Act of 1987, Pharmacy

15 Practice Act, Illinois Physical Therapy Act, Physician

16 Assistant Practice Act of 1987, Acupuncture Practice Act,

17 Illinois Athletic Trainers Practice Act, Clinical Social Work

18 and Social Work Practice Act, Dietitian Nutritionist Practice

19 Act, Home Medical Equipment and Services Provider License Act,

20 Naprapathic Practice Act, Nursing Home Administrators

21 Licensing and Disciplinary Act, Illinois Occupational Therapy

22 Practice Act, Illinois Optometric Practice Act of 1987,

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1 Podiatric Medical Practice Act of 1987, Respiratory Care

2 Practice Act, Professional Counselor and Clinical Professional

3 Counselor Licensing and Practice Act, Sex Offender Evaluation

4 and Treatment Provider Act, Illinois Speech-Language Pathology

5 and Audiology Practice Act, Perfusionist Practice Act,

6 Registered Surgical Assistant and Registered Surgical

7 Technologist Title Protection Act, and Genetic Counselor

8 Licensing Act.

9 (b) For license or registration renewals occurring on or

10 after January 1, 2022, a health care professional who has

11 continuing education requirements must complete at least a

12 one-hour course in training on implicit bias awareness per

13 renewal period. A health care professional may count this one

14 hour for completion of this course toward meeting the minimum

15 credit hours required for continuing education. Any training on

16 implicit bias awareness applied to meet any other State

17 licensure requirement, professional accreditation or

18 certification requirement, or health care institutional

19 practice agreement may count toward the one-hour requirement

20 under this Section.

21 (c) The Department may adopt rules for the implementation

22 of this Section.

23 Title V. Substance Abuse and Mental Health Treatment

24 Article 50.

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1 Section 50-5. The Illinois Controlled Substances Act is

2 amended by changing Section 414 as follows:

3 (720 ILCS 570/414)

4 Sec. 414. Overdose; limited immunity ~~from prosecution~~.

5 (a) For the purposes of this Section, "overdose" means a

6 controlled substance-induced physiological event that results

7 in a life-threatening emergency to the individual who ingested,

8 inhaled, injected or otherwise bodily absorbed a controlled,

9 counterfeit, or look-alike substance or a controlled substance

10 analog.

11 (b) A person who, in good faith, seeks or obtains emergency

12 medical assistance for someone experiencing an overdose shall

13 not be arrested, charged, or prosecuted for a violation of

14 Section 401 or 402 of the Illinois Controlled Substances Act,

15 Section 3.5 of the Drug Paraphernalia Control Act, Section 55

16 or 60 of the Methamphetamine Control and Community Protection

17 Act, Section 9-3.3 of the Criminal Code of 2012, or paragraph

18 (1) of subsection (g) of Section 12-3.05 of the Criminal Code

19 of 2012 ~~Class 4 felony possession of a controlled, counterfeit,~~

20 ~~or look-alike substance or a controlled substance analog~~ if

21 evidence for the violation ~~Class 4 felony possession charge~~ was

22 acquired as a result of the person seeking or obtaining

23 emergency medical assistance and providing the amount of

24 substance recovered is within the amount identified in

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1 subsection (d) of this Section. The violations listed in this

2 subsection (b) must not serve as the sole basis of a violation

3 of parole, mandatory supervised release, probation, or

4 conditional discharge, or any seizure of property under any

5 State law authorizing civil forfeiture so long as the evidence

6 for the violation was acquired as a result of the person

7 seeking or obtaining emergency medical assistance in the event

8 of an overdose.

9 (c) A person who is experiencing an overdose shall not be

10 arrested, charged, or prosecuted for a violation of Section 401

11 or 402 of the Illinois Controlled Substances Act, Section 3.5

12 of the Drug Paraphernalia Control Act, Section 9-3.3 of the

13 Criminal Code of 2012, or paragraph (1) of subsection (g) of

14 Section 12-3.05 of the Criminal Code of 2012 ~~Class 4 felony~~

15 ~~possession of a controlled, counterfeit, or look-alike~~

16 ~~substance or a controlled substance analog~~ if evidence for the

17 violation ~~Class 4 felony possession charge~~ was acquired as a

18 result of the person seeking or obtaining emergency medical

19 assistance and providing the amount of substance recovered is

20 within the amount identified in subsection (d) of this Section.

21 The violations listed in this subsection (c) must not serve as

22 the sole basis of a violation of parole, mandatory supervised

23 release, probation, or conditional discharge, or any seizure of

24 property under any State law authorizing civil forfeiture so

25 long as the evidence for the violation was acquired as a result

26 of the person seeking or obtaining emergency medical assistance

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1 in the event of an overdose.

2 (d) For the purposes of subsections (b) and (c), the

3 limited immunity shall only apply to a person possessing the

4 following amount:

5 (1) less than 3 grams of a substance containing heroin;

6 (2) less than 3 grams of a substance containing

7 cocaine;

8 (3) less than 3 grams of a substance containing

9 morphine;

10 (4) less than 40 grams of a substance containing

11 peyote;

12 (5) less than 40 grams of a substance containing a

13 derivative of barbituric acid or any of the salts of a

14 derivative of barbituric acid;

15 (6) less than 40 grams of a substance containing

16 amphetamine or any salt of an optical isomer of

17 amphetamine;

18 (7) less than 3 grams of a substance containing

19 lysergic acid diethylamide (LSD), or an analog thereof;

20 (8) less than 6 grams of a substance containing

21 pentazocine or any of the salts, isomers and salts of

22 isomers of pentazocine, or an analog thereof;

23 (9) less than 6 grams of a substance containing

24 methaqualone or any of the salts, isomers and salts of

25 isomers of methaqualone;

26 (10) less than 6 grams of a substance containing

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1 phencyclidine or any of the salts, isomers and salts of

2 isomers of phencyclidine (PCP);

3 (11) less than 6 grams of a substance containing

4 ketamine or any of the salts, isomers and salts of isomers

5 of ketamine;

6 (12) less than 40 grams of a substance containing a

7 substance classified as a narcotic drug in Schedules I or

8 II, or an analog thereof, which is not otherwise included

9 in this subsection.

10 (e) The limited immunity described in subsections (b) and

11 (c) of this Section shall not be extended if law enforcement

12 has reasonable suspicion or probable cause to detain, arrest,

13 or search the person described in subsection (b) or (c) of this

14 Section for criminal activity and the reasonable suspicion or

15 probable cause is based on information obtained prior to or

16 independent of the individual described in subsection (b) or

17 (c) taking action to seek or obtain emergency medical

18 assistance and not obtained as a direct result of the action of

19 seeking or obtaining emergency medical assistance. Nothing in

20 this Section is intended to interfere with or prevent the

21 investigation, arrest, or prosecution of any person for the

22 delivery or distribution of cannabis, methamphetamine or other

23 controlled substances, drug-induced homicide, or any other

24 crime if the evidence of the violation is not acquired as a

25 result of the person seeking or obtaining emergency medical

26 assistance in the event of an overdose.

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1 (Source: P.A. 97-678, eff. 6-1-12.)

2 Section 50-10. The Methamphetamine Control and Community

3 Protection Act is amended by changing Section 115 as follows:

4 (720 ILCS 646/115)

5 Sec. 115. Overdose; limited immunity ~~from prosecution~~.

6 (a) For the purposes of this Section, "overdose" means a

7 methamphetamine-induced physiological event that results in a

8 life-threatening emergency to the individual who ingested,

9 inhaled, injected, or otherwise bodily absorbed

10 methamphetamine.

11 (b) A person who, in good faith, seeks emergency medical

12 assistance for someone experiencing an overdose shall not be

13 arrested, charged or prosecuted for a violation of Section 55

14 or 60 of this Act or Section 3.5 of the Drug Paraphernalia

15 Control Act, Section 9-3.3 of the Criminal Code of 2012, or

16 paragraph (1) of subsection (g) of Section 12-3.05 of the

17 Criminal Code of 2012 ~~Class 3 felony possession of~~

18 ~~methamphetamine~~ if evidence for the violation ~~Class 3 felony~~

19 ~~possession charge~~ was acquired as a result of the person

20 seeking or obtaining emergency medical assistance and

21 providing the amount of substance recovered is less than 3

22 grams ~~one gram~~ of methamphetamine or a substance containing

23 methamphetamine. The violations listed in this subsection (b)

24 must not serve as the sole basis of a violation of parole,

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1 mandatory supervised release, probation, or conditional

2 discharge, or any seizure of property under any State law

3 authorizing civil forfeiture so long as the evidence for the

4 violation was acquired as a result of the person seeking or

5 obtaining emergency medical assistance in the event of an

6 overdose.

7 (c) A person who is experiencing an overdose shall not be

8 arrested, charged, or prosecuted for a violation of Section 55

9 or 60 of this Act or Section 3.5 of the Drug Paraphernalia

10 Control Act, Section 9-3.3 of the Criminal Code of 2012, or

11 paragraph (1) of subsection (g) of Section 12-3.05 of the

12 Criminal Code of 2012 ~~Class 3 felony possession of~~

13 ~~methamphetamine~~ if evidence for the Class 3 felony possession

14 charge was acquired as a result of the person seeking or

15 obtaining emergency medical assistance and providing the

16 amount of substance recovered is less than one gram of

17 methamphetamine or a substance containing methamphetamine. The

18 violations listed in this subsection (c) must not serve as the

19 sole basis of a violation of parole, mandatory supervised

20 release, probation, or conditional discharge, or any seizure of

21 property under any State law authorizing civil forfeiture so

22 long as the evidence for the violation was acquired as a result

23 of the person seeking or obtaining emergency medical assistance

24 in the event of an overdose.

25 (d) The limited immunity described in subsections (b) and

26 (c) of this Section shall not be extended if law enforcement

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1 has reasonable suspicion or probable cause to detain, arrest,

2 or search the person described in subsection (b) or (c) of this

3 Section for criminal activity and the reasonable suspicion or

4 probable cause is based on information obtained prior to or

5 independent of the individual described in subsection (b) or

6 (c) taking action to seek or obtain emergency medical

7 assistance and not obtained as a direct result of the action of

8 seeking or obtaining emergency medical assistance. Nothing in

9 this Section is intended to interfere with or prevent the

10 investigation, arrest, or prosecution of any person for the

11 delivery or distribution of cannabis, methamphetamine or other

12 controlled substances, drug-induced homicide, or any other

13 crime if the evidence of the violation is not acquired as a

14 result of the person seeking or obtaining emergency medical

15 assistance in the event of an overdose.

16 (Source: P.A. 97-678, eff. 6-1-12.)

17 Article 55.

18 Section 55-5. The Illinois Controlled Substances Act is

19 amended by changing Section 316 as follows:

20 (720 ILCS 570/316)

21 Sec. 316. Prescription Monitoring Program.

22 (a) The Department must provide for a Prescription

23 Monitoring Program for Schedule II, III, IV, and V controlled

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1 substances that includes the following components and

2 requirements:

3 (1) The dispenser must transmit to the central

4 repository, in a form and manner specified by the

5 Department, the following information:

6 (A) The recipient's name and address.

7 (B) The recipient's date of birth and gender.

8 (C) The national drug code number of the controlled

9 substance dispensed.

10 (D) The date the controlled substance is

11 dispensed.

12 (E) The quantity of the controlled substance

13 dispensed and days supply.

14 (F) The dispenser's United States Drug Enforcement

15 Administration registration number.

16 (G) The prescriber's United States Drug

17 Enforcement Administration registration number.

18 (H) The dates the controlled substance

19 prescription is filled.

20 (I) The payment type used to purchase the

21 controlled substance (i.e. Medicaid, cash, third party

22 insurance).

23 (J) The patient location code (i.e. home, nursing

24 home, outpatient, etc.) for the controlled substances

25 other than those filled at a retail pharmacy.

26 (K) Any additional information that may be

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1 required by the department by administrative rule,

2 including but not limited to information required for

3 compliance with the criteria for electronic reporting

4 of the American Society for Automation and Pharmacy or

5 its successor.

6 (2) The information required to be transmitted under

7 this Section must be transmitted not later than the end of

8 the next business day after the date on which a controlled

9 substance is dispensed, or at such other time as may be

10 required by the Department by administrative rule.

11 (3) A dispenser must transmit the information required

12 under this Section by:

13 (A) an electronic device compatible with the

14 receiving device of the central repository;

15 (B) a computer diskette;

16 (C) a magnetic tape; or

17 (D) a pharmacy universal claim form or Pharmacy

18 Inventory Control form.

19 (3.5) The requirements of paragraphs (1), (2), and (3)

20 of this subsection (a) also apply to opioid treatment

21 programs that prescribe Schedule II, III, IV, or V

22 controlled substances for the treatment of opioid use

23 disorder.

24 (4) The Department may impose a civil fine of up to

25 $100 per day for willful failure to report controlled

26 substance dispensing to the Prescription Monitoring

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1 Program. The fine shall be calculated on no more than the

2 number of days from the time the report was required to be

3 made until the time the problem was resolved, and shall be

4 payable to the Prescription Monitoring Program.

5 (a-5) Notwithstanding subsection (a), a licensed

6 veterinarian is exempt from the reporting requirements of this

7 Section. If a person who is presenting an animal for treatment

8 is suspected of fraudulently obtaining any controlled

9 substance or prescription for a controlled substance, the

10 licensed veterinarian shall report that information to the

11 local law enforcement agency.

12 (b) The Department, by rule, may include in the

13 Prescription Monitoring Program certain other select drugs

14 that are not included in Schedule II, III, IV, or V. The

15 Prescription Monitoring Program does not apply to controlled

16 substance prescriptions as exempted under Section 313.

17 (c) The collection of data on select drugs and scheduled

18 substances by the Prescription Monitoring Program may be used

19 as a tool for addressing oversight requirements of long-term

20 care institutions as set forth by Public Act 96-1372. Long-term

21 care pharmacies shall transmit patient medication profiles to

22 the Prescription Monitoring Program monthly or more frequently

23 as established by administrative rule.

24 (d) The Department of Human Services shall appoint a

25 full-time Clinical Director of the Prescription Monitoring

26 Program.

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1 (e) (Blank).

2 (f) Within one year of January 1, 2018 (the effective date

3 of Public Act 100-564), the Department shall adopt rules

4 requiring all Electronic Health Records Systems to interface

5 with the Prescription Monitoring Program application program

6 on or before January 1, 2021 to ensure that all providers have

7 access to specific patient records during the treatment of

8 their patients. These rules shall also address the electronic

9 integration of pharmacy records with the Prescription

10 Monitoring Program to allow for faster transmission of the

11 information required under this Section. The Department shall

12 establish actions to be taken if a prescriber's Electronic

13 Health Records System does not effectively interface with the

14 Prescription Monitoring Program within the required timeline.

15 (g) The Department, in consultation with the Advisory

16 Committee, shall adopt rules allowing licensed prescribers or

17 pharmacists who have registered to access the Prescription

18 Monitoring Program to authorize a licensed or non-licensed

19 designee employed in that licensed prescriber's office or a

20 licensed designee in a licensed pharmacist's pharmacy who has

21 received training in the federal Health Insurance Portability

22 and Accountability Act to consult the Prescription Monitoring

23 Program on their behalf. The rules shall include reasonable

24 parameters concerning a practitioner's authority to authorize

25 a designee, and the eligibility of a person to be selected as a

26 designee. In this subsection (g), "pharmacist" shall include a

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1 clinical pharmacist employed by and designated by a Medicaid

2 Managed Care Organization providing services under Article V of

3 the Illinois Public Aid Code under a contract with the

4 Department of Healthcare and Family Services for the sole

5 purpose of clinical review of services provided to persons

6 covered by the entity under the contract to determine

7 compliance with subsections (a) and (b) of Section 314.5 of

8 this Act. A managed care entity pharmacist shall notify

9 prescribers of review activities.

10 (Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18;

11 100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff.

12 7-12-19; 101-414, eff. 8-16-19.)

13 Article 60.

14 Section 60-5. The Adult Protective Services Act is amended

15 by adding Section 3.1 as follows:

16 (320 ILCS 20/3.1 new)

17 Sec. 3.1. Adult protective services dementia training.

18 (a) This Section shall apply to any person who is employed

19 by the Department in the Adult Protective Services division who

20 works on the development and implementation of social services

21 to respond to and prevent adult abuse, neglect, or

22 exploitation, subject to or until specific appropriations

23 become available.

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1 (b) The Department shall develop and implement a dementia

2 training program that must include instruction on the

3 identification of people with dementia, risks such as

4 wandering, communication impairments, elder abuse, and the

5 best practices for interacting with people with dementia.

6 (c) Initial training of 4 hours shall be completed at the

7 start of employment with the Adult Protective Services division

8 and shall cover the following:

9 (1) Dementia, psychiatric, and behavioral symptoms.

10 (2) Communication issues, including how to communicate

11 respectfully and effectively.

12 (3) Techniques for understanding and approaching

13 behavioral symptoms.

14 (4) Information on how to address specific aspects of

15 safety, for example tips to prevent wandering.

16 (5) When it is necessary to alert law enforcement

17 agencies of potential criminal behavior involving a family

18 member, caretaker, or institutional abuse; neglect or

19 exploitation of a person with dementia; and what types of

20 abuse that are most common to people with dementia.

21 (6) Identifying incidents of self-neglect for people

22 with dementia who live alone as well as neglect by a

23 caregiver.

24 (7) Protocols for connecting people living with

25 dementia to local care resources and professionals who are

26 skilled in dementia care to encourage cross-referral and

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1 reporting regarding incidents of abuse.

2 (d) Annual continuing education shall include 2 hours of

3 dementia training covering the subjects described in

4 subsection (c).

5 (e) This Section is designed to address gaps in current

6 dementia training requirements for Adult Protective Services

7 officials and improve the quality of training. If currently

8 existing law or rules contain more rigorous training

9 requirements for Adult Protective Service officials, those

10 laws or rules shall apply. Where there is overlap between this

11 Section and other laws and rules, the Department shall

12 interpret this Section to avoid duplication of requirements

13 while ensuring that the minimum requirements set in this

14 Section are met.

15 (f) The Department may adopt rules for the administration

16 of this Section.

17 Title VI. Access to Health Care

18 Article 70.

19 Section 70-5. The Use Tax Act is amended by changing

20 Section 3-10 as follows:

21 (35 ILCS 105/3-10)

22 Sec. 3-10. Rate of tax. Unless otherwise provided in this

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1 Section, the tax imposed by this Act is at the rate of 6.25% of

2 either the selling price or the fair market value, if any, of

3 the tangible personal property. In all cases where property

4 functionally used or consumed is the same as the property that

5 was purchased at retail, then the tax is imposed on the selling

6 price of the property. In all cases where property functionally

7 used or consumed is a by-product or waste product that has been

8 refined, manufactured, or produced from property purchased at

9 retail, then the tax is imposed on the lower of the fair market

10 value, if any, of the specific property so used in this State

11 or on the selling price of the property purchased at retail.

12 For purposes of this Section "fair market value" means the

13 price at which property would change hands between a willing

14 buyer and a willing seller, neither being under any compulsion

15 to buy or sell and both having reasonable knowledge of the

16 relevant facts. The fair market value shall be established by

17 Illinois sales by the taxpayer of the same property as that

18 functionally used or consumed, or if there are no such sales by

19 the taxpayer, then comparable sales or purchases of property of

20 like kind and character in Illinois.

21 Beginning on July 1, 2000 and through December 31, 2000,

22 with respect to motor fuel, as defined in Section 1.1 of the

23 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

24 the Use Tax Act, the tax is imposed at the rate of 1.25%.

25 Beginning on August 6, 2010 through August 15, 2010, with

26 respect to sales tax holiday items as defined in Section 3-6 of

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1 this Act, the tax is imposed at the rate of 1.25%.

2 With respect to gasohol, the tax imposed by this Act

3 applies to (i) 70% of the proceeds of sales made on or after

4 January 1, 1990, and before July 1, 2003, (ii) 80% of the

5 proceeds of sales made on or after July 1, 2003 and on or

6 before July 1, 2017, and (iii) 100% of the proceeds of sales

7 made thereafter. If, at any time, however, the tax under this

8 Act on sales of gasohol is imposed at the rate of 1.25%, then

9 the tax imposed by this Act applies to 100% of the proceeds of

10 sales of gasohol made during that time.

11 With respect to majority blended ethanol fuel, the tax

12 imposed by this Act does not apply to the proceeds of sales

13 made on or after July 1, 2003 and on or before December 31,

14 2023 but applies to 100% of the proceeds of sales made

15 thereafter.

16 With respect to biodiesel blends with no less than 1% and

17 no more than 10% biodiesel, the tax imposed by this Act applies

18 to (i) 80% of the proceeds of sales made on or after July 1,

19 2003 and on or before December 31, 2018 and (ii) 100% of the

20 proceeds of sales made thereafter. If, at any time, however,

21 the tax under this Act on sales of biodiesel blends with no

22 less than 1% and no more than 10% biodiesel is imposed at the

23 rate of 1.25%, then the tax imposed by this Act applies to 100%

24 of the proceeds of sales of biodiesel blends with no less than

25 1% and no more than 10% biodiesel made during that time.

26 With respect to 100% biodiesel and biodiesel blends with

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1 more than 10% but no more than 99% biodiesel, the tax imposed

2 by this Act does not apply to the proceeds of sales made on or

3 after July 1, 2003 and on or before December 31, 2023 but

4 applies to 100% of the proceeds of sales made thereafter.

5 With respect to food for human consumption that is to be

6 consumed off the premises where it is sold (other than

7 alcoholic beverages, food consisting of or infused with adult

8 use cannabis, soft drinks, and food that has been prepared for

9 immediate consumption) and prescription and nonprescription

10 medicines, drugs, medical appliances, products classified as

11 Class III medical devices by the United States Food and Drug

12 Administration that are used for cancer treatment pursuant to a

13 prescription, as well as any accessories and components related

14 to those devices, modifications to a motor vehicle for the

15 purpose of rendering it usable by a person with a disability,

16 and insulin,blood sugar ~~urine~~ testing materials, syringes, and

17 needles used by human diabetics, ~~for human use,~~ the tax is

18 imposed at the rate of 1%. For the purposes of this Section,

19 until September 1, 2009: the term "soft drinks" means any

20 complete, finished, ready-to-use, non-alcoholic drink, whether

21 carbonated or not, including but not limited to soda water,

22 cola, fruit juice, vegetable juice, carbonated water, and all

23 other preparations commonly known as soft drinks of whatever

24 kind or description that are contained in any closed or sealed

25 bottle, can, carton, or container, regardless of size; but

26 "soft drinks" does not include coffee, tea, non-carbonated

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1 water, infant formula, milk or milk products as defined in the

2 Grade A Pasteurized Milk and Milk Products Act, or drinks

3 containing 50% or more natural fruit or vegetable juice.

4 Notwithstanding any other provisions of this Act,

5 beginning September 1, 2009, "soft drinks" means non-alcoholic

6 beverages that contain natural or artificial sweeteners. "Soft

7 drinks" do not include beverages that contain milk or milk

8 products, soy, rice or similar milk substitutes, or greater

9 than 50% of vegetable or fruit juice by volume.

10 Until August 1, 2009, and notwithstanding any other

11 provisions of this Act, "food for human consumption that is to

12 be consumed off the premises where it is sold" includes all

13 food sold through a vending machine, except soft drinks and

14 food products that are dispensed hot from a vending machine,

15 regardless of the location of the vending machine. Beginning

16 August 1, 2009, and notwithstanding any other provisions of

17 this Act, "food for human consumption that is to be consumed

18 off the premises where it is sold" includes all food sold

19 through a vending machine, except soft drinks, candy, and food

20 products that are dispensed hot from a vending machine,

21 regardless of the location of the vending machine.

22 Notwithstanding any other provisions of this Act,

23 beginning September 1, 2009, "food for human consumption that

24 is to be consumed off the premises where it is sold" does not

25 include candy. For purposes of this Section, "candy" means a

26 preparation of sugar, honey, or other natural or artificial

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1 sweeteners in combination with chocolate, fruits, nuts or other

2 ingredients or flavorings in the form of bars, drops, or

3 pieces. "Candy" does not include any preparation that contains

4 flour or requires refrigeration.

5 Notwithstanding any other provisions of this Act,

6 beginning September 1, 2009, "nonprescription medicines and

7 drugs" does not include grooming and hygiene products. For

8 purposes of this Section, "grooming and hygiene products"

9 includes, but is not limited to, soaps and cleaning solutions,

10 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

11 lotions and screens, unless those products are available by

12 prescription only, regardless of whether the products meet the

13 definition of "over-the-counter-drugs". For the purposes of

14 this paragraph, "over-the-counter-drug" means a drug for human

15 use that contains a label that identifies the product as a drug

16 as required by 21 C.F.R. � 201.66. The "over-the-counter-drug"

17 label includes:

18 (A) A "Drug Facts" panel; or

19 (B) A statement of the "active ingredient(s)" with a

20 list of those ingredients contained in the compound,

21 substance or preparation.

22 Beginning on the effective date of this amendatory Act of

23 the 98th General Assembly, "prescription and nonprescription

24 medicines and drugs" includes medical cannabis purchased from a

25 registered dispensing organization under the Compassionate Use

26 of Medical Cannabis Program Act.

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1 As used in this Section, "adult use cannabis" means

2 cannabis subject to tax under the Cannabis Cultivation

3 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and

4 does not include cannabis subject to tax under the

5 Compassionate Use of Medical Cannabis Program Act.

6 If the property that is purchased at retail from a retailer

7 is acquired outside Illinois and used outside Illinois before

8 being brought to Illinois for use here and is taxable under

9 this Act, the "selling price" on which the tax is computed

10 shall be reduced by an amount that represents a reasonable

11 allowance for depreciation for the period of prior out-of-state

12 use.

13 (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;

14 101-593, eff. 12-4-19.)

15 Section 70-10. The Service Use Tax Act is amended by

16 changing Section 3-10 as follows:

17 (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)

18 Sec. 3-10. Rate of tax. Unless otherwise provided in this

19 Section, the tax imposed by this Act is at the rate of 6.25% of

20 the selling price of tangible personal property transferred as

21 an incident to the sale of service, but, for the purpose of

22 computing this tax, in no event shall the selling price be less

23 than the cost price of the property to the serviceman.

24 Beginning on July 1, 2000 and through December 31, 2000,

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1 with respect to motor fuel, as defined in Section 1.1 of the

2 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

3 the Use Tax Act, the tax is imposed at the rate of 1.25%.

4 With respect to gasohol, as defined in the Use Tax Act, the

5 tax imposed by this Act applies to (i) 70% of the selling price

6 of property transferred as an incident to the sale of service

7 on or after January 1, 1990, and before July 1, 2003, (ii) 80%

8 of the selling price of property transferred as an incident to

9 the sale of service on or after July 1, 2003 and on or before

10 July 1, 2017, and (iii) 100% of the selling price thereafter.

11 If, at any time, however, the tax under this Act on sales of

12 gasohol, as defined in the Use Tax Act, is imposed at the rate

13 of 1.25%, then the tax imposed by this Act applies to 100% of

14 the proceeds of sales of gasohol made during that time.

15 With respect to majority blended ethanol fuel, as defined

16 in the Use Tax Act, the tax imposed by this Act does not apply

17 to the selling price of property transferred as an incident to

18 the sale of service on or after July 1, 2003 and on or before

19 December 31, 2023 but applies to 100% of the selling price

20 thereafter.

21 With respect to biodiesel blends, as defined in the Use Tax

22 Act, with no less than 1% and no more than 10% biodiesel, the

23 tax imposed by this Act applies to (i) 80% of the selling price

24 of property transferred as an incident to the sale of service

25 on or after July 1, 2003 and on or before December 31, 2018 and

26 (ii) 100% of the proceeds of the selling price thereafter. If,

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1 at any time, however, the tax under this Act on sales of

2 biodiesel blends, as defined in the Use Tax Act, with no less

3 than 1% and no more than 10% biodiesel is imposed at the rate

4 of 1.25%, then the tax imposed by this Act applies to 100% of

5 the proceeds of sales of biodiesel blends with no less than 1%

6 and no more than 10% biodiesel made during that time.

7 With respect to 100% biodiesel, as defined in the Use Tax

8 Act, and biodiesel blends, as defined in the Use Tax Act, with

9 more than 10% but no more than 99% biodiesel, the tax imposed

10 by this Act does not apply to the proceeds of the selling price

11 of property transferred as an incident to the sale of service

12 on or after July 1, 2003 and on or before December 31, 2023 but

13 applies to 100% of the selling price thereafter.

14 At the election of any registered serviceman made for each

15 fiscal year, sales of service in which the aggregate annual

16 cost price of tangible personal property transferred as an

17 incident to the sales of service is less than 35%, or 75% in

18 the case of servicemen transferring prescription drugs or

19 servicemen engaged in graphic arts production, of the aggregate

20 annual total gross receipts from all sales of service, the tax

21 imposed by this Act shall be based on the serviceman's cost

22 price of the tangible personal property transferred as an

23 incident to the sale of those services.

24 The tax shall be imposed at the rate of 1% on food prepared

25 for immediate consumption and transferred incident to a sale of

26 service subject to this Act or the Service Occupation Tax Act

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1 by an entity licensed under the Hospital Licensing Act, the

2 Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD

3 Act, the Specialized Mental Health Rehabilitation Act of 2013,

4 or the Child Care Act of 1969. The tax shall also be imposed at

5 the rate of 1% on food for human consumption that is to be

6 consumed off the premises where it is sold (other than

7 alcoholic beverages, food consisting of or infused with adult

8 use cannabis, soft drinks, and food that has been prepared for

9 immediate consumption and is not otherwise included in this

10 paragraph) and prescription and nonprescription medicines,

11 drugs, medical appliances, products classified as Class III

12 medical devices by the United States Food and Drug

13 Administration that are used for cancer treatment pursuant to a

14 prescription, as well as any accessories and components related

15 to those devices, modifications to a motor vehicle for the

16 purpose of rendering it usable by a person with a disability,

17 and insulin, blood sugar ~~urine~~testing materials, syringes, and

18 needles used by human diabetics~~, for human use~~. For the

19 purposes of this Section, until September 1, 2009: the term

20 "soft drinks" means any complete, finished, ready-to-use,

21 non-alcoholic drink, whether carbonated or not, including but

22 not limited to soda water, cola, fruit juice, vegetable juice,

23 carbonated water, and all other preparations commonly known as

24 soft drinks of whatever kind or description that are contained

25 in any closed or sealed bottle, can, carton, or container,

26 regardless of size; but "soft drinks" does not include coffee,

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1 tea, non-carbonated water, infant formula, milk or milk

2 products as defined in the Grade A Pasteurized Milk and Milk

3 Products Act, or drinks containing 50% or more natural fruit or

4 vegetable juice.

5 Notwithstanding any other provisions of this Act,

6 beginning September 1, 2009, "soft drinks" means non-alcoholic

7 beverages that contain natural or artificial sweeteners. "Soft

8 drinks" do not include beverages that contain milk or milk

9 products, soy, rice or similar milk substitutes, or greater

10 than 50% of vegetable or fruit juice by volume.

11 Until August 1, 2009, and notwithstanding any other

12 provisions of this Act, "food for human consumption that is to

13 be consumed off the premises where it is sold" includes all

14 food sold through a vending machine, except soft drinks and

15 food products that are dispensed hot from a vending machine,

16 regardless of the location of the vending machine. Beginning

17 August 1, 2009, and notwithstanding any other provisions of

18 this Act, "food for human consumption that is to be consumed

19 off the premises where it is sold" includes all food sold

20 through a vending machine, except soft drinks, candy, and food

21 products that are dispensed hot from a vending machine,

22 regardless of the location of the vending machine.

23 Notwithstanding any other provisions of this Act,

24 beginning September 1, 2009, "food for human consumption that

25 is to be consumed off the premises where it is sold" does not

26 include candy. For purposes of this Section, "candy" means a

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1 preparation of sugar, honey, or other natural or artificial

2 sweeteners in combination with chocolate, fruits, nuts or other

3 ingredients or flavorings in the form of bars, drops, or

4 pieces. "Candy" does not include any preparation that contains

5 flour or requires refrigeration.

6 Notwithstanding any other provisions of this Act,

7 beginning September 1, 2009, "nonprescription medicines and

8 drugs" does not include grooming and hygiene products. For

9 purposes of this Section, "grooming and hygiene products"

10 includes, but is not limited to, soaps and cleaning solutions,

11 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

12 lotions and screens, unless those products are available by

13 prescription only, regardless of whether the products meet the

14 definition of "over-the-counter-drugs". For the purposes of

15 this paragraph, "over-the-counter-drug" means a drug for human

16 use that contains a label that identifies the product as a drug

17 as required by 21 C.F.R. � 201.66. The "over-the-counter-drug"

18 label includes:

19 (A) A "Drug Facts" panel; or

20 (B) A statement of the "active ingredient(s)" with a

21 list of those ingredients contained in the compound,

22 substance or preparation.

23 Beginning on January 1, 2014 (the effective date of Public

24 Act 98-122), "prescription and nonprescription medicines and

25 drugs" includes medical cannabis purchased from a registered

26 dispensing organization under the Compassionate Use of Medical

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1 Cannabis Program Act.

2 As used in this Section, "adult use cannabis" means

3 cannabis subject to tax under the Cannabis Cultivation

4 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and

5 does not include cannabis subject to tax under the

6 Compassionate Use of Medical Cannabis Program Act.

7 If the property that is acquired from a serviceman is

8 acquired outside Illinois and used outside Illinois before

9 being brought to Illinois for use here and is taxable under

10 this Act, the "selling price" on which the tax is computed

11 shall be reduced by an amount that represents a reasonable

12 allowance for depreciation for the period of prior out-of-state

13 use.

14 (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;

15 101-593, eff. 12-4-19.)

16 Section 70-15. The Service Occupation Tax Act is amended by

17 changing Section 3-10 as follows:

18 (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)

19 Sec. 3-10. Rate of tax. Unless otherwise provided in this

20 Section, the tax imposed by this Act is at the rate of 6.25% of

21 the "selling price", as defined in Section 2 of the Service Use

22 Tax Act, of the tangible personal property. For the purpose of

23 computing this tax, in no event shall the "selling price" be

24 less than the cost price to the serviceman of the tangible

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1 personal property transferred. The selling price of each item

2 of tangible personal property transferred as an incident of a

3 sale of service may be shown as a distinct and separate item on

4 the serviceman's billing to the service customer. If the

5 selling price is not so shown, the selling price of the

6 tangible personal property is deemed to be 50% of the

7 serviceman's entire billing to the service customer. When,

8 however, a serviceman contracts to design, develop, and produce

9 special order machinery or equipment, the tax imposed by this

10 Act shall be based on the serviceman's cost price of the

11 tangible personal property transferred incident to the

12 completion of the contract.

13 Beginning on July 1, 2000 and through December 31, 2000,

14 with respect to motor fuel, as defined in Section 1.1 of the

15 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

16 the Use Tax Act, the tax is imposed at the rate of 1.25%.

17 With respect to gasohol, as defined in the Use Tax Act, the

18 tax imposed by this Act shall apply to (i) 70% of the cost

19 price of property transferred as an incident to the sale of

20 service on or after January 1, 1990, and before July 1, 2003,

21 (ii) 80% of the selling price of property transferred as an

22 incident to the sale of service on or after July 1, 2003 and on

23 or before July 1, 2017, and (iii) 100% of the cost price

24 thereafter. If, at any time, however, the tax under this Act on

25 sales of gasohol, as defined in the Use Tax Act, is imposed at

26 the rate of 1.25%, then the tax imposed by this Act applies to

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1 100% of the proceeds of sales of gasohol made during that time.

2 With respect to majority blended ethanol fuel, as defined

3 in the Use Tax Act, the tax imposed by this Act does not apply

4 to the selling price of property transferred as an incident to

5 the sale of service on or after July 1, 2003 and on or before

6 December 31, 2023 but applies to 100% of the selling price

7 thereafter.

8 With respect to biodiesel blends, as defined in the Use Tax

9 Act, with no less than 1% and no more than 10% biodiesel, the

10 tax imposed by this Act applies to (i) 80% of the selling price

11 of property transferred as an incident to the sale of service

12 on or after July 1, 2003 and on or before December 31, 2018 and

13 (ii) 100% of the proceeds of the selling price thereafter. If,

14 at any time, however, the tax under this Act on sales of

15 biodiesel blends, as defined in the Use Tax Act, with no less

16 than 1% and no more than 10% biodiesel is imposed at the rate

17 of 1.25%, then the tax imposed by this Act applies to 100% of

18 the proceeds of sales of biodiesel blends with no less than 1%

19 and no more than 10% biodiesel made during that time.

20 With respect to 100% biodiesel, as defined in the Use Tax

21 Act, and biodiesel blends, as defined in the Use Tax Act, with

22 more than 10% but no more than 99% biodiesel material, the tax

23 imposed by this Act does not apply to the proceeds of the

24 selling price of property transferred as an incident to the

25 sale of service on or after July 1, 2003 and on or before

26 December 31, 2023 but applies to 100% of the selling price

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1 thereafter.

2 At the election of any registered serviceman made for each

3 fiscal year, sales of service in which the aggregate annual

4 cost price of tangible personal property transferred as an

5 incident to the sales of service is less than 35%, or 75% in

6 the case of servicemen transferring prescription drugs or

7 servicemen engaged in graphic arts production, of the aggregate

8 annual total gross receipts from all sales of service, the tax

9 imposed by this Act shall be based on the serviceman's cost

10 price of the tangible personal property transferred incident to

11 the sale of those services.

12 The tax shall be imposed at the rate of 1% on food prepared

13 for immediate consumption and transferred incident to a sale of

14 service subject to this Act or the Service Occupation Tax Act

15 by an entity licensed under the Hospital Licensing Act, the

16 Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD

17 Act, the Specialized Mental Health Rehabilitation Act of 2013,

18 or the Child Care Act of 1969. The tax shall also be imposed at

19 the rate of 1% on food for human consumption that is to be

20 consumed off the premises where it is sold (other than

21 alcoholic beverages, food consisting of or infused with adult

22 use cannabis, soft drinks, and food that has been prepared for

23 immediate consumption and is not otherwise included in this

24 paragraph) and prescription and nonprescription medicines,

25 drugs, medical appliances, products classified as Class III

26 medical devices by the United States Food and Drug

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1 Administration that are used for cancer treatment pursuant to a

2 prescription, as well as any accessories and components related

3 to those devices, modifications to a motor vehicle for the

4 purpose of rendering it usable by a person with a disability,

5 and insulin,blood sugar ~~urine~~ testing materials, syringes, and

6 needles used by human diabetics~~, for human use~~. For the

7 purposes of this Section, until September 1, 2009: the term

8 "soft drinks" means any complete, finished, ready-to-use,

9 non-alcoholic drink, whether carbonated or not, including but

10 not limited to soda water, cola, fruit juice, vegetable juice,

11 carbonated water, and all other preparations commonly known as

12 soft drinks of whatever kind or description that are contained

13 in any closed or sealed can, carton, or container, regardless

14 of size; but "soft drinks" does not include coffee, tea,

15 non-carbonated water, infant formula, milk or milk products as

16 defined in the Grade A Pasteurized Milk and Milk Products Act,

17 or drinks containing 50% or more natural fruit or vegetable

18 juice.

19 Notwithstanding any other provisions of this Act,

20 beginning September 1, 2009, "soft drinks" means non-alcoholic

21 beverages that contain natural or artificial sweeteners. "Soft

22 drinks" do not include beverages that contain milk or milk

23 products, soy, rice or similar milk substitutes, or greater

24 than 50% of vegetable or fruit juice by volume.

25 Until August 1, 2009, and notwithstanding any other

26 provisions of this Act, "food for human consumption that is to

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1 be consumed off the premises where it is sold" includes all

2 food sold through a vending machine, except soft drinks and

3 food products that are dispensed hot from a vending machine,

4 regardless of the location of the vending machine. Beginning

5 August 1, 2009, and notwithstanding any other provisions of

6 this Act, "food for human consumption that is to be consumed

7 off the premises where it is sold" includes all food sold

8 through a vending machine, except soft drinks, candy, and food

9 products that are dispensed hot from a vending machine,

10 regardless of the location of the vending machine.

11 Notwithstanding any other provisions of this Act,

12 beginning September 1, 2009, "food for human consumption that

13 is to be consumed off the premises where it is sold" does not

14 include candy. For purposes of this Section, "candy" means a

15 preparation of sugar, honey, or other natural or artificial

16 sweeteners in combination with chocolate, fruits, nuts or other

17 ingredients or flavorings in the form of bars, drops, or

18 pieces. "Candy" does not include any preparation that contains

19 flour or requires refrigeration.

20 Notwithstanding any other provisions of this Act,

21 beginning September 1, 2009, "nonprescription medicines and

22 drugs" does not include grooming and hygiene products. For

23 purposes of this Section, "grooming and hygiene products"

24 includes, but is not limited to, soaps and cleaning solutions,

25 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

26 lotions and screens, unless those products are available by

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1 prescription only, regardless of whether the products meet the

2 definition of "over-the-counter-drugs". For the purposes of

3 this paragraph, "over-the-counter-drug" means a drug for human

4 use that contains a label that identifies the product as a drug

5 as required by 21 C.F.R. � 201.66. The "over-the-counter-drug"

6 label includes:

7 (A) A "Drug Facts" panel; or

8 (B) A statement of the "active ingredient(s)" with a

9 list of those ingredients contained in the compound,

10 substance or preparation.

11 Beginning on January 1, 2014 (the effective date of Public

12 Act 98-122), "prescription and nonprescription medicines and

13 drugs" includes medical cannabis purchased from a registered

14 dispensing organization under the Compassionate Use of Medical

15 Cannabis Program Act.

16 As used in this Section, "adult use cannabis" means

17 cannabis subject to tax under the Cannabis Cultivation

18 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and

19 does not include cannabis subject to tax under the

20 Compassionate Use of Medical Cannabis Program Act.

21 (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;

22 101-593, eff. 12-4-19.)

23 Section 70-20. The Retailers' Occupation Tax Act is amended

24 by changing Section 2-10 as follows:

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1 (35 ILCS 120/2-10)

2 Sec. 2-10. Rate of tax. Unless otherwise provided in this

3 Section, the tax imposed by this Act is at the rate of 6.25% of

4 gross receipts from sales of tangible personal property made in

5 the course of business.

6 Beginning on July 1, 2000 and through December 31, 2000,

7 with respect to motor fuel, as defined in Section 1.1 of the

8 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

9 the Use Tax Act, the tax is imposed at the rate of 1.25%.

10 Beginning on August 6, 2010 through August 15, 2010, with

11 respect to sales tax holiday items as defined in Section 2-8 of

12 this Act, the tax is imposed at the rate of 1.25%.

13 Within 14 days after the effective date of this amendatory

14 Act of the 91st General Assembly, each retailer of motor fuel

15 and gasohol shall cause the following notice to be posted in a

16 prominently visible place on each retail dispensing device that

17 is used to dispense motor fuel or gasohol in the State of

18 Illinois: "As of July 1, 2000, the State of Illinois has

19 eliminated the State's share of sales tax on motor fuel and

20 gasohol through December 31, 2000. The price on this pump

21 should reflect the elimination of the tax." The notice shall be

22 printed in bold print on a sign that is no smaller than 4

23 inches by 8 inches. The sign shall be clearly visible to

24 customers. Any retailer who fails to post or maintain a

25 required sign through December 31, 2000 is guilty of a petty

26 offense for which the fine shall be $500 per day per each

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1 retail premises where a violation occurs.

2 With respect to gasohol, as defined in the Use Tax Act, the

3 tax imposed by this Act applies to (i) 70% of the proceeds of

4 sales made on or after January 1, 1990, and before July 1,

5 2003, (ii) 80% of the proceeds of sales made on or after July

6 1, 2003 and on or before July 1, 2017, and (iii) 100% of the

7 proceeds of sales made thereafter. If, at any time, however,

8 the tax under this Act on sales of gasohol, as defined in the

9 Use Tax Act, is imposed at the rate of 1.25%, then the tax

10 imposed by this Act applies to 100% of the proceeds of sales of

11 gasohol made during that time.

12 With respect to majority blended ethanol fuel, as defined

13 in the Use Tax Act, the tax imposed by this Act does not apply

14 to the proceeds of sales made on or after July 1, 2003 and on or

15 before December 31, 2023 but applies to 100% of the proceeds of

16 sales made thereafter.

17 With respect to biodiesel blends, as defined in the Use Tax

18 Act, with no less than 1% and no more than 10% biodiesel, the

19 tax imposed by this Act applies to (i) 80% of the proceeds of

20 sales made on or after July 1, 2003 and on or before December

21 31, 2018 and (ii) 100% of the proceeds of sales made

22 thereafter. If, at any time, however, the tax under this Act on

23 sales of biodiesel blends, as defined in the Use Tax Act, with

24 no less than 1% and no more than 10% biodiesel is imposed at

25 the rate of 1.25%, then the tax imposed by this Act applies to

26 100% of the proceeds of sales of biodiesel blends with no less

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1 than 1% and no more than 10% biodiesel made during that time.

2 With respect to 100% biodiesel, as defined in the Use Tax

3 Act, and biodiesel blends, as defined in the Use Tax Act, with

4 more than 10% but no more than 99% biodiesel, the tax imposed

5 by this Act does not apply to the proceeds of sales made on or

6 after July 1, 2003 and on or before December 31, 2023 but

7 applies to 100% of the proceeds of sales made thereafter.

8 With respect to food for human consumption that is to be

9 consumed off the premises where it is sold (other than

10 alcoholic beverages, food consisting of or infused with adult

11 use cannabis, soft drinks, and food that has been prepared for

12 immediate consumption) and prescription and nonprescription

13 medicines, drugs, medical appliances, products classified as

14 Class III medical devices by the United States Food and Drug

15 Administration that are used for cancer treatment pursuant to a

16 prescription, as well as any accessories and components related

17 to those devices, modifications to a motor vehicle for the

18 purpose of rendering it usable by a person with a disability,

19 and insulin,blood sugar ~~urine~~ testing materials, syringes, and

20 needles used by human diabetics, ~~for human use,~~ the tax is

21 imposed at the rate of 1%. For the purposes of this Section,

22 until September 1, 2009: the term "soft drinks" means any

23 complete, finished, ready-to-use, non-alcoholic drink, whether

24 carbonated or not, including but not limited to soda water,

25 cola, fruit juice, vegetable juice, carbonated water, and all

26 other preparations commonly known as soft drinks of whatever

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1 kind or description that are contained in any closed or sealed

2 bottle, can, carton, or container, regardless of size; but

3 "soft drinks" does not include coffee, tea, non-carbonated

4 water, infant formula, milk or milk products as defined in the

5 Grade A Pasteurized Milk and Milk Products Act, or drinks

6 containing 50% or more natural fruit or vegetable juice.

7 Notwithstanding any other provisions of this Act,

8 beginning September 1, 2009, "soft drinks" means non-alcoholic

9 beverages that contain natural or artificial sweeteners. "Soft

10 drinks" do not include beverages that contain milk or milk

11 products, soy, rice or similar milk substitutes, or greater

12 than 50% of vegetable or fruit juice by volume.

13 Until August 1, 2009, and notwithstanding any other

14 provisions of this Act, "food for human consumption that is to

15 be consumed off the premises where it is sold" includes all

16 food sold through a vending machine, except soft drinks and

17 food products that are dispensed hot from a vending machine,

18 regardless of the location of the vending machine. Beginning

19 August 1, 2009, and notwithstanding any other provisions of

20 this Act, "food for human consumption that is to be consumed

21 off the premises where it is sold" includes all food sold

22 through a vending machine, except soft drinks, candy, and food

23 products that are dispensed hot from a vending machine,

24 regardless of the location of the vending machine.

25 Notwithstanding any other provisions of this Act,

26 beginning September 1, 2009, "food for human consumption that

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1 is to be consumed off the premises where it is sold" does not

2 include candy. For purposes of this Section, "candy" means a

3 preparation of sugar, honey, or other natural or artificial

4 sweeteners in combination with chocolate, fruits, nuts or other

5 ingredients or flavorings in the form of bars, drops, or

6 pieces. "Candy" does not include any preparation that contains

7 flour or requires refrigeration.

8 Notwithstanding any other provisions of this Act,

9 beginning September 1, 2009, "nonprescription medicines and

10 drugs" does not include grooming and hygiene products. For

11 purposes of this Section, "grooming and hygiene products"

12 includes, but is not limited to, soaps and cleaning solutions,

13 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

14 lotions and screens, unless those products are available by

15 prescription only, regardless of whether the products meet the

16 definition of "over-the-counter-drugs". For the purposes of

17 this paragraph, "over-the-counter-drug" means a drug for human

18 use that contains a label that identifies the product as a drug

19 as required by 21 C.F.R. � 201.66. The "over-the-counter-drug"

20 label includes:

21 (A) A "Drug Facts" panel; or

22 (B) A statement of the "active ingredient(s)" with a

23 list of those ingredients contained in the compound,

24 substance or preparation.

25 Beginning on the effective date of this amendatory Act of

26 the 98th General Assembly, "prescription and nonprescription

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1 medicines and drugs" includes medical cannabis purchased from a

2 registered dispensing organization under the Compassionate Use

3 of Medical Cannabis Program Act.

4 As used in this Section, "adult use cannabis" means

5 cannabis subject to tax under the Cannabis Cultivation

6 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and

7 does not include cannabis subject to tax under the

8 Compassionate Use of Medical Cannabis Program Act.

9 (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19;

10 101-593, eff. 12-4-19.)

11 Article 72.

12 Section 72-1. Short title. This Article may be cited as the

13 Underlying Causes of Crime and Violence Study Act.

14 Section 72-5. Legislative findings. In the State of

15 Illinois, two-thirds of gun violence is related to suicide, and

16 one-third is related to homicide, claiming approximately

17 12,000 lives a year. Violence has plagued communities,

18 predominantly poor and distressed communities in urban

19 settings, which have always treated violence as a criminal

20 justice issue, instead of a public health issue. On February

21 21, 2018, Pastor Anthony Williams was informed that his son,

22 Nehemiah William, had been shot to death. Due to this

23 disheartening event, Pastor Anthony Williams reached out to

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1 State Representative Elizabeth "Lisa" Hernandez, urging that

2 the issue of violence be treated as a disease. In 2018, elected

3 officials from all levels of government started a coalition to

4 address violence as a disease, with the assistance of

5 faith-based organizations, advocates, and community members

6 and held a statewide listening tour from August 2018 to April

7 2019. The listening tour consisted of stops on the South Side

8 and West Side of Chicago, Maywood, Springfield, and East St.

9 Louis, with a future scheduled visit in Danville. During the

10 statewide listening sessions, community members actively

11 discussed neighborhood safety, defining violence and how and

12 why violence occurs in their communities. The listening

13 sessions provided different solutions to address violence,

14 however, all sessions confirmed a disconnect from the

15 priorities of government and the needs of these communities.

16 Section 72-10. Study. The Department of Public Health and

17 the Department of Human Services shall study how to create a

18 process to identify high violence communities, also known as R3

19 (Restore, Reinvest, and Renew) areas, and prioritize State

20 dollars to go to these communities to fund programs as well as

21 community and economic development projects that would address

22 the underlying causes of crime and violence.

23 Due to a variety of reasons, including in particular the

24 State's budget impasse, funds were unavailable to establish

25 such a comprehensive policy. Policies like R3 are needed in

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1 order to provide communities that have historically suffered

2 from divestment, poverty, and incarceration with smart

3 solutions that can solve the plague of violence. It is clear

4 that violence is a public health problem that needs to be

5 treated as such, a disease. Research has shown that when

6 violence is treated in such a way, then its effects can be

7 slowed or even halted.

8 Section 72-15. Report. The Department of Public Health and

9 the Department of Human Services are required to report their

10 findings to the General Assembly by December 31, 2021.

11 Article 75.

12 Section 75-5. The Illinois Public Aid Code is amended by

13 changing Section 9A-11 as follows:

14 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)

15 Sec. 9A-11. Child care.

16 (a) The General Assembly recognizes that families with

17 children need child care in order to work. Child care is

18 expensive and families with low incomes, including those who

19 are transitioning from welfare to work, often struggle to pay

20 the costs of day care. The General Assembly understands the

21 importance of helping low-income working families become and

22 remain self-sufficient. The General Assembly also believes

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1 that it is the responsibility of families to share in the costs

2 of child care. It is also the preference of the General

3 Assembly that all working poor families should be treated

4 equally, regardless of their welfare status.

5 (b) To the extent resources permit, the Illinois Department

6 shall provide child care services to parents or other relatives

7 as defined by rule who are working or participating in

8 employment or Department approved education or training

9 programs. At a minimum, the Illinois Department shall cover the

10 following categories of families:

11 (1) recipients of TANF under Article IV participating

12 in work and training activities as specified in the

13 personal plan for employment and self-sufficiency;

14 (2) families transitioning from TANF to work;

15 (3) families at risk of becoming recipients of TANF;

16 (4) families with special needs as defined by rule;

17 (5) working families with very low incomes as defined

18 by rule;

19 (6) families that are not recipients of TANF and that

20 need child care assistance to participate in education and

21 training activities; and

22 (7) families with children under the age of 5 who have

23 an open intact family services case with the Department of

24 Children and Family Services. Any family that receives

25 child care assistance in accordance with this paragraph

26 shall remain eligible for child care assistance 6 months

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1 after the child's intact family services case is closed,

2 regardless of whether the child's parents or other

3 relatives as defined by rule are working or participating

4 in Department approved employment or education or training

5 programs. The Department of Human Services, in

6 consultation with the Department of Children and Family

7 Services, shall adopt rules to protect the privacy of

8 families who are the subject of an open intact family

9 services case when such families enroll in child care

10 services. Additional rules shall be adopted to offer

11 children who have an open intact family services case the

12 opportunity to receive an Early Intervention screening and

13 other services that their families may be eligible for as

14 provided by the Department of Human Services.

15 The Department shall specify by rule the conditions of

16 eligibility, the application process, and the types, amounts,

17 and duration of services. Eligibility for child care benefits

18 and the amount of child care provided may vary based on family

19 size, income, and other factors as specified by rule.

20 The Department shall update the Child Care Assistance

21 Program Eligibility Calculator posted on its website to include

22 a question on whether a family is applying for child care

23 assistance for the first time or is applying for a

24 redetermination of eligibility.

25 A family's eligibility for child care services shall be

26 redetermined no sooner than 12 months following the initial

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1 determination or most recent redetermination. During the

2 12-month periods, the family shall remain eligible for child

3 care services regardless of (i) a change in family income,

4 unless family income exceeds 85% of State median income, or

5 (ii) a temporary change in the ongoing status of the parents or

6 other relatives, as defined by rule, as working or attending a

7 job training or educational program.

8 In determining income eligibility for child care benefits,

9 the Department annually, at the beginning of each fiscal year,

10 shall establish, by rule, one income threshold for each family

11 size, in relation to percentage of State median income for a

12 family of that size, that makes families with incomes below the

13 specified threshold eligible for assistance and families with

14 incomes above the specified threshold ineligible for

15 assistance. Through and including fiscal year 2007, the

16 specified threshold must be no less than 50% of the

17 then-current State median income for each family size.

18 Beginning in fiscal year 2008, the specified threshold must be

19 no less than 185% of the then-current federal poverty level for

20 each family size. Notwithstanding any other provision of law or

21 administrative rule to the contrary, beginning in fiscal year

22 2019, the specified threshold for working families with very

23 low incomes as defined by rule must be no less than 185% of the

24 then-current federal poverty level for each family size.

25 In determining eligibility for assistance, the Department

26 shall not give preference to any category of recipients or give

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1 preference to individuals based on their receipt of benefits

2 under this Code.

3 Nothing in this Section shall be construed as conferring

4 entitlement status to eligible families.

5 The Illinois Department is authorized to lower income

6 eligibility ceilings, raise parent co-payments, create waiting

7 lists, or take such other actions during a fiscal year as are

8 necessary to ensure that child care benefits paid under this

9 Article do not exceed the amounts appropriated for those child

10 care benefits. These changes may be accomplished by emergency

11 rule under Section 5-45 of the Illinois Administrative

12 Procedure Act, except that the limitation on the number of

13 emergency rules that may be adopted in a 24-month period shall

14 not apply.

15 The Illinois Department may contract with other State

16 agencies or child care organizations for the administration of

17 child care services.

18 (c) Payment shall be made for child care that otherwise

19 meets the requirements of this Section and applicable standards

20 of State and local law and regulation, including any

21 requirements the Illinois Department promulgates by rule in

22 addition to the licensure requirements promulgated by the

23 Department of Children and Family Services and Fire Prevention

24 and Safety requirements promulgated by the Office of the State

25 Fire Marshal, and is provided in any of the following:

26 (1) a child care center which is licensed or exempt

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1 from licensure pursuant to Section 2.09 of the Child Care

2 Act of 1969;

3 (2) a licensed child care home or home exempt from

4 licensing;

5 (3) a licensed group child care home;

6 (4) other types of child care, including child care

7 provided by relatives or persons living in the same home as

8 the child, as determined by the Illinois Department by

9 rule.

10 (c-5) Solely for the purposes of coverage under the

11 Illinois Public Labor Relations Act, child and day care home

12 providers, including licensed and license exempt,

13 participating in the Department's child care assistance

14 program shall be considered to be public employees and the

15 State of Illinois shall be considered to be their employer as

16 of January 1, 2006 (the effective date of Public Act 94-320),

17 but not before. The State shall engage in collective bargaining

18 with an exclusive representative of child and day care home

19 providers participating in the child care assistance program

20 concerning their terms and conditions of employment that are

21 within the State's control. Nothing in this subsection shall be

22 understood to limit the right of families receiving services

23 defined in this Section to select child and day care home

24 providers or supervise them within the limits of this Section.

25 The State shall not be considered to be the employer of child

26 and day care home providers for any purposes not specifically

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1 provided in Public Act 94-320, including, but not limited to,

2 purposes of vicarious liability in tort and purposes of

3 statutory retirement or health insurance benefits. Child and

4 day care home providers shall not be covered by the State

5 Employees Group Insurance Act of 1971.

6 In according child and day care home providers and their

7 selected representative rights under the Illinois Public Labor

8 Relations Act, the State intends that the State action

9 exemption to application of federal and State antitrust laws be

10 fully available to the extent that their activities are

11 authorized by Public Act 94-320.

12 (d) The Illinois Department shall establish, by rule, a

13 co-payment scale that provides for cost sharing by families

14 that receive child care services, including parents whose only

15 income is from assistance under this Code. The co-payment shall

16 be based on family income and family size and may be based on

17 other factors as appropriate. Co-payments may be waived for

18 families whose incomes are at or below the federal poverty

19 level.

20 (d-5) The Illinois Department, in consultation with its

21 Child Care and Development Advisory Council, shall develop a

22 plan to revise the child care assistance program's co-payment

23 scale. The plan shall be completed no later than February 1,

24 2008, and shall include:

25 (1) findings as to the percentage of income that the

26 average American family spends on child care and the

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1 relative amounts that low-income families and the average

2 American family spend on other necessities of life;

3 (2) recommendations for revising the child care

4 co-payment scale to assure that families receiving child

5 care services from the Department are paying no more than

6 they can reasonably afford;

7 (3) recommendations for revising the child care

8 co-payment scale to provide at-risk children with complete

9 access to Preschool for All and Head Start; and

10 (4) recommendations for changes in child care program

11 policies that affect the affordability of child care.

12 (e) (Blank).

13 (f) The Illinois Department shall, by rule, set rates to be

14 paid for the various types of child care. Child care may be

15 provided through one of the following methods:

16 (1) arranging the child care through eligible

17 providers by use of purchase of service contracts or

18 vouchers;

19 (2) arranging with other agencies and community

20 volunteer groups for non-reimbursed child care;

21 (3) (blank); or

22 (4) adopting such other arrangements as the Department

23 determines appropriate.

24 (f-1) Within 30 days after June 4, 2018 (the effective date

25 of Public Act 100-587), the Department of Human Services shall

26 establish rates for child care providers that are no less than

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1 the rates in effect on January 1, 2018 increased by 4.26%.

2 (f-5) (Blank).

3 (g) Families eligible for assistance under this Section

4 shall be given the following options:

5 (1) receiving a child care certificate issued by the

6 Department or a subcontractor of the Department that may be

7 used by the parents as payment for child care and

8 development services only; or

9 (2) if space is available, enrolling the child with a

10 child care provider that has a purchase of service contract

11 with the Department or a subcontractor of the Department

12 for the provision of child care and development services.

13 The Department may identify particular priority

14 populations for whom they may request special

15 consideration by a provider with purchase of service

16 contracts, provided that the providers shall be permitted

17 to maintain a balance of clients in terms of household

18 incomes and families and children with special needs, as

19 defined by rule.

20 (Source: P.A. 100-387, eff. 8-25-17; 100-587, eff. 6-4-18;

21 100-860, eff. 2-14-19; 100-909, eff. 10-1-18; 100-916, eff.

22 8-17-18; 101-81, eff. 7-12-19.)

23 Article 80.

24 Section 80-5. The Employee Sick Leave Act is amended by

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1 changing Sections 5 and 10 as follows:

2 (820 ILCS 191/5)

3 Sec. 5. Definitions. In this Act:

4 "Covered family member" means an employee's child,

5 stepchild, spouse, domestic partner, sibling, parent,

6 mother-in-law, father-in-law, grandchild, grandparent, or

7 stepparent.

8 "Department" means the Department of Labor.

9 "Personal care" means activities to ensure that a covered

10 family member's basic medical, hygiene, nutritional, or safety

11 needs are met, or to provide transportation to medical

12 appointments, for a covered family member who is unable to meet

13 those needs himself or herself. "Personal care" also means

14 being physically present to provide emotional support to a

15 covered family member with a serious health condition who is

16 receiving inpatient or home care.

17 "Personal sick leave benefits" means any paid or unpaid

18 time available to an employee as provided through an employment

19 benefit plan or paid time off policy to be used as a result of

20 absence from work due to personal illness, injury, or medical

21 appointment or for personal care of a covered family member. An

22 employment benefit plan or paid time off policy does not

23 include long term disability, short term disability, an

24 insurance policy, or other comparable benefit plan or policy.

25 (Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)

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1 (820 ILCS 191/10)

2 Sec. 10. Use of leave; limitations.

3 (a) An employee may use personal sick leave benefits

4 provided by the employer for absences due to an illness,

5 injury, or medical appointment of the employee's child,

6 stepchild, spouse, domestic partner, sibling, parent,

7 mother-in-law, father-in-law, grandchild, grandparent, or

8 stepparent, or for personal care of a covered family member on

9 the same terms upon which the employee is able to use personal

10 sick leave benefits for the employee's own illness or injury.

11 An employer may request written verification of the employee's

12 absence from a health care professional if such verification is

13 required under the employer's employment benefit plan or paid

14 time off policy.

15 (b) An employer may limit the use of personal sick leave

16 benefits provided by the employer for absences due to an

17 illness, injury, or medical appointment of the employee's

18 child, stepchild, spouse, domestic partner, sibling, parent,

19 mother-in-law, father-in-law, grandchild, grandparent, or

20 stepparent to an amount not less than the personal sick leave

21 that would be earned or accrued during 6 months at the

22 employee's then current rate of entitlement. For employers who

23 base personal sick leave benefits on an employee's years of

24 service instead of annual or monthly accrual, such employer may

25 limit the amount of sick leave to be used under this Act to

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1 half of the employee's maximum annual grant.

2 (c) An employer who provides personal sick leave benefits

3 or a paid time off policy that would otherwise provide benefits

4 as required under subsections (a) and (b) shall not be required

5 to modify such benefits.

6 (Source: P.A. 99-841, eff. 1-1-17; 99-921, eff. 1-13-17.)

7 Article 90.

8 Section 90-5. The Nursing Home Care Act is amended by

9 adding Section 3-206.06 as follows:

10 (210 ILCS 45/3-206.06 new)

11 Sec. 3-206.06. Testing for Legionella bacteria. A facility

12 shall develop a policy for testing its water supply for

13 Legionella bacteria. The policy shall include the frequency

14 with which testing is conducted. The policy and the results of

15 any tests shall be made available to the Department upon

16 request.

17 Section 90-10. The Hospital Licensing Act is amended by

18 adding Section 6.29 as follows:

19 (210 ILCS 85/6.29 new)

20 Sec. 6.29. Testing for Legionella bacteria. A hospital

21 shall develop a policy for testing its water supply for

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1 Legionella bacteria. The policy shall include the frequency

2 with which testing is conducted. The policy and the results of

3 any tests shall be made available to the Department upon

4 request.

5 Article 95.

6 Section 95-5. The Child Care Act of 1969 is amended by

7 changing Section 7 as follows:

8 (225 ILCS 10/7) (from Ch. 23, par. 2217)

9 Sec. 7. (a) The Department must prescribe and publish

10 minimum standards for licensing that apply to the various types

11 of facilities for child care defined in this Act and that are

12 equally applicable to like institutions under the control of

13 the Department and to foster family homes used by and under the

14 direct supervision of the Department. The Department shall seek

15 the advice and assistance of persons representative of the

16 various types of child care facilities in establishing such

17 standards. The standards prescribed and published under this

18 Act take effect as provided in the Illinois Administrative

19 Procedure Act, and are restricted to regulations pertaining to

20 the following matters and to any rules and regulations required

21 or permitted by any other Section of this Act:

22 (1) The operation and conduct of the facility and

23 responsibility it assumes for child care;

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1 (2) The character, suitability and qualifications of

2 the applicant and other persons directly responsible for

3 the care and welfare of children served. All child day care

4 center licensees and employees who are required to report

5 child abuse or neglect under the Abused and Neglected Child

6 Reporting Act shall be required to attend training on

7 recognizing child abuse and neglect, as prescribed by

8 Department rules;

9 (3) The general financial ability and competence of the

10 applicant to provide necessary care for children and to

11 maintain prescribed standards;

12 (4) The number of individuals or staff required to

13 insure adequate supervision and care of the children

14 received. The standards shall provide that each child care

15 institution, maternity center, day care center, group

16 home, day care home, and group day care home shall have on

17 its premises during its hours of operation at least one

18 staff member certified in first aid, in the Heimlich

19 maneuver and in cardiopulmonary resuscitation by the

20 American Red Cross or other organization approved by rule

21 of the Department. Child welfare agencies shall not be

22 subject to such a staffing requirement. The Department may

23 offer, or arrange for the offering, on a periodic basis in

24 each community in this State in cooperation with the

25 American Red Cross, the American Heart Association or other

26 appropriate organization, voluntary programs to train

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1 operators of foster family homes and day care homes in

2 first aid and cardiopulmonary resuscitation;

3 (5) The appropriateness, safety, cleanliness, and

4 general adequacy of the premises, including maintenance of

5 adequate fire prevention and health standards conforming

6 to State laws and municipal codes to provide for the

7 physical comfort, care, and well-being of children

8 received;

9 (6) Provisions for food, clothing, educational

10 opportunities, program, equipment and individual supplies

11 to assure the healthy physical, mental, and spiritual

12 development of children served;

13 (7) Provisions to safeguard the legal rights of

14 children served;

15 (8) Maintenance of records pertaining to the

16 admission, progress, health, and discharge of children,

17 including, for day care centers and day care homes, records

18 indicating each child has been immunized as required by

19 State regulations. The Department shall require proof that

20 children enrolled in a facility have been immunized against

21 Haemophilus Influenzae B (HIB);

22 (9) Filing of reports with the Department;

23 (10) Discipline of children;

24 (11) Protection and fostering of the particular

25 religious faith of the children served;

26 (12) Provisions prohibiting firearms on day care

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1 center premises except in the possession of peace officers;

2 (13) Provisions prohibiting handguns on day care home

3 premises except in the possession of peace officers or

4 other adults who must possess a handgun as a condition of

5 employment and who reside on the premises of a day care

6 home;

7 (14) Provisions requiring that any firearm permitted

8 on day care home premises, except handguns in the

9 possession of peace officers, shall be kept in a

10 disassembled state, without ammunition, in locked storage,

11 inaccessible to children and that ammunition permitted on

12 day care home premises shall be kept in locked storage

13 separate from that of disassembled firearms, inaccessible

14 to children;

15 (15) Provisions requiring notification of parents or

16 guardians enrolling children at a day care home of the

17 presence in the day care home of any firearms and

18 ammunition and of the arrangements for the separate, locked

19 storage of such firearms and ammunition;

20 (16) Provisions requiring all licensed child care

21 facility employees who care for newborns and infants to

22 complete training every 3 years on the nature of sudden

23 unexpected infant death (SUID), sudden infant death

24 syndrome (SIDS), and the safe sleep recommendations of the

25 American Academy of Pediatrics; and

26 (17) With respect to foster family homes, provisions

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1 requiring the Department to review quality of care concerns

2 and to consider those concerns in determining whether a

3 foster family home is qualified to care for children.

4 By July 1, 2022, all licensed day care home providers,

5 licensed group day care home providers, and licensed day care

6 center directors and classroom staff shall participate in at

7 least one training that includes the topics of early childhood

8 social emotional learning, infant and early childhood mental

9 health, early childhood trauma, or adverse childhood

10 experiences. Current licensed providers, directors, and

11 classroom staff shall complete training by July 1, 2022 and

12 shall participate in training that includes the above topics at

13 least once every 3 years.

14 (b) If, in a facility for general child care, there are

15 children diagnosed as mentally ill or children diagnosed as

16 having an intellectual or physical disability, who are

17 determined to be in need of special mental treatment or of

18 nursing care, or both mental treatment and nursing care, the

19 Department shall seek the advice and recommendation of the

20 Department of Human Services, the Department of Public Health,

21 or both Departments regarding the residential treatment and

22 nursing care provided by the institution.

23 (c) The Department shall investigate any person applying to

24 be licensed as a foster parent to determine whether there is

25 any evidence of current drug or alcohol abuse in the

26 prospective foster family. The Department shall not license a

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1 person as a foster parent if drug or alcohol abuse has been

2 identified in the foster family or if a reasonable suspicion of

3 such abuse exists, except that the Department may grant a

4 foster parent license to an applicant identified with an

5 alcohol or drug problem if the applicant has successfully

6 participated in an alcohol or drug treatment program, self-help

7 group, or other suitable activities and if the Department

8 determines that the foster family home can provide a safe,

9 appropriate environment and meet the physical and emotional

10 needs of children.

11 (d) The Department, in applying standards prescribed and

12 published, as herein provided, shall offer consultation

13 through employed staff or other qualified persons to assist

14 applicants and licensees in meeting and maintaining minimum

15 requirements for a license and to help them otherwise to

16 achieve programs of excellence related to the care of children

17 served. Such consultation shall include providing information

18 concerning education and training in early childhood

19 development to providers of day care home services. The

20 Department may provide or arrange for such education and

21 training for those providers who request such assistance.

22 (e) The Department shall distribute copies of licensing

23 standards to all licensees and applicants for a license. Each

24 licensee or holder of a permit shall distribute copies of the

25 appropriate licensing standards and any other information

26 required by the Department to child care facilities under its

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1 supervision. Each licensee or holder of a permit shall maintain

2 appropriate documentation of the distribution of the

3 standards. Such documentation shall be part of the records of

4 the facility and subject to inspection by authorized

5 representatives of the Department.

6 (f) The Department shall prepare summaries of day care

7 licensing standards. Each licensee or holder of a permit for a

8 day care facility shall distribute a copy of the appropriate

9 summary and any other information required by the Department,

10 to the legal guardian of each child cared for in that facility

11 at the time when the child is enrolled or initially placed in

12 the facility. The licensee or holder of a permit for a day care

13 facility shall secure appropriate documentation of the

14 distribution of the summary and brochure. Such documentation

15 shall be a part of the records of the facility and subject to

16 inspection by an authorized representative of the Department.

17 (g) The Department shall distribute to each licensee and

18 holder of a permit copies of the licensing or permit standards

19 applicable to such person's facility. Each licensee or holder

20 of a permit shall make available by posting at all times in a

21 common or otherwise accessible area a complete and current set

22 of licensing standards in order that all employees of the

23 facility may have unrestricted access to such standards. All

24 employees of the facility shall have reviewed the standards and

25 any subsequent changes. Each licensee or holder of a permit

26 shall maintain appropriate documentation of the current review

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1 of licensing standards by all employees. Such records shall be

2 part of the records of the facility and subject to inspection

3 by authorized representatives of the Department.

4 (h) Any standards involving physical examinations,

5 immunization, or medical treatment shall include appropriate

6 exemptions for children whose parents object thereto on the

7 grounds that they conflict with the tenets and practices of a

8 recognized church or religious organization, of which the

9 parent is an adherent or member, and for children who should

10 not be subjected to immunization for clinical reasons.

11 (i) The Department, in cooperation with the Department of

12 Public Health, shall work to increase immunization awareness

13 and participation among parents of children enrolled in day

14 care centers and day care homes by publishing on the

15 Department's website information about the benefits of

16 immunization against vaccine preventable diseases, including

17 influenza and pertussis. The information for vaccine

18 preventable diseases shall include the incidence and severity

19 of the diseases, the availability of vaccines, and the

20 importance of immunizing children and persons who frequently

21 have close contact with children. The website content shall be

22 reviewed annually in collaboration with the Department of

23 Public Health to reflect the most current recommendations of

24 the Advisory Committee on Immunization Practices (ACIP). The

25 Department shall work with day care centers and day care homes

26 licensed under this Act to ensure that the information is

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1 annually distributed to parents in August or September.

2 (j) Any standard adopted by the Department that requires an

3 applicant for a license to operate a day care home to include a

4 copy of a high school diploma or equivalent certificate with

5 his or her application shall be deemed to be satisfied if the

6 applicant includes a copy of a high school diploma or

7 equivalent certificate or a copy of a degree from an accredited

8 institution of higher education or vocational institution or

9 equivalent certificate.

10 (Source: P.A. 99-143, eff. 7-27-15; 99-779, eff. 1-1-17;

11 100-201, eff. 8-18-17.)

12 Article 100.

13 Section 100-1. Short title. This Article may be cited as

14 the Special Commission on Gynecologic Cancers Act.

15 Section 100-5. Creation; members; duties; report.

16 (a) The Special Commission on Gynecologic Cancers is

17 created. Membership of the Commission shall be as follows:

18 (1) A representative of the Illinois Comprehensive

19 Cancer Control Program, appointed by the Director of Public

20 Health;

21 (2) The Director of Insurance, or his or her designee;

22 and

23 (3) 20 members who shall be appointed as follows:

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1 (A) three members appointed by the Speaker of

2 the House of Representatives, one of whom shall be a

3 survivor of ovarian cancer, one of whom shall be a

4 survivor of cervical, vaginal, vulvar, or uterine

5 cancer, and one of whom shall be a medical specialist

6 in gynecologic cancers;

7 (B) three members appointed by the Senate

8 President, one of whom shall be a survivor of ovarian

9 cancer, one of whom shall be a survivor of cervical,

10 vaginal, vulvar, or uterine cancer, and one of whom

11 shall be a medical specialist in gynecologic cancers;

12 (C) three members appointed by the House

13 Minority Leader, one of whom shall be a survivor of

14 ovarian cancer, one of whom shall be a survivor of

15 cervical, vaginal, vulvar, or uterine cancer, and one

16 of whom shall be a medical specialist in gynecologic

17 cancers;

18 (D) three members appointed by the Senate

19 Minority Leader, one of whom shall be a survivor of

20 ovarian cancer, one of whom shall be a survivor of

21 cervical, vaginal, vulvar, or uterine cancer, and one

22 of whom shall be a medical specialist in gynecologic

23 cancers; and

24 (E) eight members appointed by the Governor,

25 one of whom shall be a caregiver of a woman diagnosed

26 with a gynecologic cancer, one of whom shall be a

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1 medical specialist in gynecologic cancers, one of whom

2 shall be an individual with expertise in community

3 based health care and issues affecting underserved and

4 vulnerable populations, 2 of whom shall be individuals

5 representing gynecologic cancer awareness and support

6 groups in the State, one of whom shall be a researcher

7 specializing in gynecologic cancers, and 2 of whom

8 shall be members of the public with demonstrated

9 expertise in issues relating to the work of the

10 Commission.

11 (b) Members of the Commission shall serve without

12 compensation or reimbursement from the Commission. Members

13 shall select a Chair from among themselves and the Chair shall

14 set the meeting schedule.

15 (c) The Illinois Department of Public Health shall provide

16 administrative support to the Commission.

17 (d) The Commission is charged with the study of the

18 following:

19 (1) establishing a mechanism to ascertain the

20 prevalence of gynecologic cancers in the State and, to the

21 extent possible, to collect statistics relative to the

22 timing of diagnosis and risk factors associated with

23 gynecologic cancers;

24 (2) determining how to best effectuate early diagnosis

25 and treatment for gynecologic cancer patients;

26 (3) determining best practices for closing disparities

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1 in outcomes for gynecologic cancer patients and innovative

2 approaches to reaching underserved and vulnerable

3 populations;

4 (4) determining any unmet needs of persons with

5 gynecologic cancers and those of their families; and

6 (5) providing recommendations for additional

7 legislation, support programs, and resources to meet the

8 unmet needs of persons with gynecologic cancers and their

9 families.

10 (e) The Commission shall file its final report with the

11 General Assembly no later than December 31, 2021 and, upon the

12 filing of its report, is dissolved.

13 Section 100-90. Repeal. This Article is repealed on January

14 1, 2023.

15 Article 105.

16 Section 105-5. The Illinois Public Aid Code is amended by

17 changing Section 5A-12.7 as follows:

18 (305 ILCS 5/5A-12.7)

19 (Section scheduled to be repealed on December 31, 2022)

20 Sec. 5A-12.7. Continuation of hospital access payments on

21 and after July 1, 2020.

22 (a) To preserve and improve access to hospital services,

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1 for hospital services rendered on and after July 1, 2020, the

2 Department shall, except for hospitals described in subsection

3 (b) of Section 5A-3, make payments to hospitals or require

4 capitated managed care organizations to make payments as set

5 forth in this Section. Payments under this Section are not due

6 and payable, however, until: (i) the methodologies described in

7 this Section are approved by the federal government in an

8 appropriate State Plan amendment or directed payment preprint;

9 and (ii) the assessment imposed under this Article is

10 determined to be a permissible tax under Title XIX of the

11 Social Security Act. In determining the hospital access

12 payments authorized under subsection (g) of this Section, if a

13 hospital ceases to qualify for payments from the pool, the

14 payments for all hospitals continuing to qualify for payments

15 from such pool shall be uniformly adjusted to fully expend the

16 aggregate net amount of the pool, with such adjustment being

17 effective on the first day of the second month following the

18 date the hospital ceases to receive payments from such pool.

19 (b) Amounts moved into claims-based rates and distributed

20 in accordance with Section 14-12 shall remain in those

21 claims-based rates.

22 (c) Graduate medical education.

23 (1) The calculation of graduate medical education

24 payments shall be based on the hospital's Medicare cost

25 report ending in Calendar Year 2018, as reported in the

26 Healthcare Cost Report Information System file, release

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1 date September 30, 2019. An Illinois hospital reporting

2 intern and resident cost on its Medicare cost report shall

3 be eligible for graduate medical education payments.

4 (2) Each hospital's annualized Medicaid Intern

5 Resident Cost is calculated using annualized intern and

6 resident total costs obtained from Worksheet B Part I,

7 Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93,

8 96-98, and 105-112 multiplied by the percentage that the

9 hospital's Medicaid days (Worksheet S3 Part I, Column 7,

10 Lines 2, 3, 4, 14, 16-18, and 32) comprise of the

11 hospital's total days (Worksheet S3 Part I, Column 8, Lines

12 14, 16-18, and 32).

13 (3) An annualized Medicaid indirect medical education

14 (IME) payment is calculated for each hospital using its IME

15 payments (Worksheet E Part A, Line 29, Column 1) multiplied

16 by the percentage that its Medicaid days (Worksheet S3 Part

17 I, Column 7, Lines 2, 3, 4, 14, 16-18, and 32) comprise of

18 its Medicare days (Worksheet S3 Part I, Column 6, Lines 2,

19 3, 4, 14, and 16-18).

20 (4) For each hospital, its annualized Medicaid Intern

21 Resident Cost and its annualized Medicaid IME payment are

22 summed, and, except as capped at 120% of the average cost

23 per intern and resident for all qualifying hospitals as

24 calculated under this paragraph, is multiplied by 22.6% to

25 determine the hospital's final graduate medical education

26 payment. Each hospital's average cost per intern and

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1 resident shall be calculated by summing its total

2 annualized Medicaid Intern Resident Cost plus its

3 annualized Medicaid IME payment and dividing that amount by

4 the hospital's total Full Time Equivalent Residents and

5 Interns. If the hospital's average per intern and resident

6 cost is greater than 120% of the same calculation for all

7 qualifying hospitals, the hospital's per intern and

8 resident cost shall be capped at 120% of the average cost

9 for all qualifying hospitals.

10 (d) Fee-for-service supplemental payments. Each Illinois

11 hospital shall receive an annual payment equal to the amounts

12 below, to be paid in 12 equal installments on or before the

13 seventh State business day of each month, except that no

14 payment shall be due within 30 days after the later of the date

15 of notification of federal approval of the payment

16 methodologies required under this Section or any waiver

17 required under 42 CFR 433.68, at which time the sum of amounts

18 required under this Section prior to the date of notification

19 is due and payable.

20 (1) For critical access hospitals, $385 per covered

21 inpatient day contained in paid fee-for-service claims and

22 $530 per paid fee-for-service outpatient claim for dates of

23 service in Calendar Year 2019 in the Department's

24 Enterprise Data Warehouse as of May 11, 2020.

25 (2) For safety-net hospitals, $960 per covered

26 inpatient day contained in paid fee-for-service claims and

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1 $625 per paid fee-for-service outpatient claim for dates of

2 service in Calendar Year 2019 in the Department's

3 Enterprise Data Warehouse as of May 11, 2020.

4 (3) For long term acute care hospitals, $295 per

5 covered inpatient day contained in paid fee-for-service

6 claims for dates of service in Calendar Year 2019 in the

7 Department's Enterprise Data Warehouse as of May 11, 2020.

8 (4) For freestanding psychiatric hospitals, $125 per

9 covered inpatient day contained in paid fee-for-service

10 claims and $130 per paid fee-for-service outpatient claim

11 for dates of service in Calendar Year 2019 in the

12 Department's Enterprise Data Warehouse as of May 11, 2020.

13 (5) For freestanding rehabilitation hospitals, $355

14 per covered inpatient day contained in paid

15 fee-for-service claims for dates of service in Calendar

16 Year 2019 in the Department's Enterprise Data Warehouse as

17 of May 11, 2020.

18 (6) For all general acute care hospitals and high

19 Medicaid hospitals as defined in subsection (f), $350 per

20 covered inpatient day for dates of service in Calendar Year

21 2019 contained in paid fee-for-service claims and $620 per

22 paid fee-for-service outpatient claim in the Department's

23 Enterprise Data Warehouse as of May 11, 2020.

24 (7) Alzheimer's treatment access payment. Each

25 Illinois academic medical center or teaching hospital, as

26 defined in Section 5-5e.2 of this Code, that is identified

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1 as the primary hospital affiliate of one of the Regional

2 Alzheimer's Disease Assistance Centers, as designated by

3 the Alzheimer's Disease Assistance Act and identified in

4 the Department of Public Health's Alzheimer's Disease

5 State Plan dated December 2016, shall be paid an

6 Alzheimer's treatment access payment equal to the product

7 of the qualifying hospital's State Fiscal Year 2018 total

8 inpatient fee-for-service days multiplied by the

9 applicable Alzheimer's treatment rate of $226.30 for

10 hospitals located in Cook County and $116.21 for hospitals

11 located outside Cook County.

12 (e) The Department shall require managed care

13 organizations (MCOs) to make directed payments and

14 pass-through payments according to this Section. Each calendar

15 year, the Department shall require MCOs to pay the maximum

16 amount out of these funds as allowed as pass-through payments

17 under federal regulations. The Department shall require MCOs to

18 make such pass-through payments as specified in this Section.

19 The Department shall require the MCOs to pay the remaining

20 amounts as directed Payments as specified in this Section. The

21 Department shall issue payments to the Comptroller by the

22 seventh business day of each month for all MCOs that are

23 sufficient for MCOs to make the directed payments and

24 pass-through payments according to this Section. The

25 Department shall require the MCOs to make pass-through payments

26 and directed payments using electronic funds transfers (EFT),

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1 if the hospital provides the information necessary to process

2 such EFTs, in accordance with directions provided monthly by

3 the Department, within 7 business days of the date the funds

4 are paid to the MCOs, as indicated by the "Paid Date" on the

5 website of the Office of the Comptroller if the funds are paid

6 by EFT and the MCOs have received directed payment

7 instructions. If funds are not paid through the Comptroller by

8 EFT, payment must be made within 7 business days of the date

9 actually received by the MCO. The MCO will be considered to

10 have paid the pass-through payments when the payment remittance

11 number is generated or the date the MCO sends the check to the

12 hospital, if EFT information is not supplied. If an MCO is late

13 in paying a pass-through payment or directed payment as

14 required under this Section (including any extensions granted

15 by the Department), it shall pay a penalty, unless waived by

16 the Department for reasonable cause, to the Department equal to

17 5% of the amount of the pass-through payment or directed

18 payment not paid on or before the due date plus 5% of the

19 portion thereof remaining unpaid on the last day of each 30-day

20 period thereafter. Payments to MCOs that would be paid

21 consistent with actuarial certification and enrollment in the

22 absence of the increased capitation payments under this Section

23 shall not be reduced as a consequence of payments made under

24 this subsection. The Department shall publish and maintain on

25 its website for a period of no less than 8 calendar quarters,

26 the quarterly calculation of directed payments and

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1 pass-through payments owed to each hospital from each MCO. All

2 calculations and reports shall be posted no later than the

3 first day of the quarter for which the payments are to be

4 issued.

5 (f)(1) For purposes of allocating the funds included in

6 capitation payments to MCOs, Illinois hospitals shall be

7 divided into the following classes as defined in administrative

8 rules:

9 (A) Critical access hospitals.

10 (B) Safety-net hospitals, except that stand-alone

11 children's hospitals that are not specialty children's

12 hospitals will not be included.

13 (C) Long term acute care hospitals.

14 (D) Freestanding psychiatric hospitals.

15 (E) Freestanding rehabilitation hospitals.

16 (F) High Medicaid hospitals. As used in this Section,

17 "high Medicaid hospital" means a general acute care

18 hospital that is not a safety-net hospital or critical

19 access hospital and that has a Medicaid Inpatient

20 Utilization Rate above 30% or a hospital that had over

21 35,000 inpatient Medicaid days during the applicable

22 period. For the period July 1, 2020 through December 31,

23 2020, the applicable period for the Medicaid Inpatient

24 Utilization Rate (MIUR) is the rate year 2020 MIUR and for

25 the number of inpatient days it is State fiscal year 2018.

26 Beginning in calendar year 2021, the Department shall use

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1 the most recently determined MIUR, as defined in subsection

2 (h) of Section 5-5.02, and for the inpatient day threshold,

3 the State fiscal year ending 18 months prior to the

4 beginning of the calendar year. For purposes of calculating

5 MIUR under this Section, children's hospitals and

6 affiliated general acute care hospitals shall be

7 considered a single hospital.

8 (G) General acute care hospitals. As used under this

9 Section, "general acute care hospitals" means all other

10 Illinois hospitals not identified in subparagraphs (A)

11 through (F).

12 (2) Hospitals' qualification for each class shall be

13 assessed prior to the beginning of each calendar year and the

14 new class designation shall be effective January 1 of the next

15 year. The Department shall publish by rule the process for

16 establishing class determination.

17 (g) Fixed pool directed payments. Beginning July 1, 2020,

18 the Department shall issue payments to MCOs which shall be used

19 to issue directed payments to qualified Illinois safety-net

20 hospitals and critical access hospitals on a monthly basis in

21 accordance with this subsection. Prior to the beginning of each

22 Payout Quarter beginning July 1, 2020, the Department shall use

23 encounter claims data from the Determination Quarter, accepted

24 by the Department's Medicaid Management Information System for

25 inpatient and outpatient services rendered by safety-net

26 hospitals and critical access hospitals to determine a

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1 quarterly uniform per unit add-on for each hospital class.

2 (1) Inpatient per unit add-on. A quarterly uniform per

3 diem add-on shall be derived by dividing the quarterly

4 Inpatient Directed Payments Pool amount allocated to the

5 applicable hospital class by the total inpatient days

6 contained on all encounter claims received during the

7 Determination Quarter, for all hospitals in the class.

8 (A) Each hospital in the class shall have a

9 quarterly inpatient directed payment calculated that

10 is equal to the product of the number of inpatient days

11 attributable to the hospital used in the calculation of

12 the quarterly uniform class per diem add-on,

13 multiplied by the calculated applicable quarterly

14 uniform class per diem add-on of the hospital class.

15 (B) Each hospital shall be paid 1/3 of its

16 quarterly inpatient directed payment in each of the 3

17 months of the Payout Quarter, in accordance with

18 directions provided to each MCO by the Department.

19 (2) Outpatient per unit add-on. A quarterly uniform per

20 claim add-on shall be derived by dividing the quarterly

21 Outpatient Directed Payments Pool amount allocated to the

22 applicable hospital class by the total outpatient

23 encounter claims received during the Determination

24 Quarter, for all hospitals in the class.

25 (A) Each hospital in the class shall have a

26 quarterly outpatient directed payment calculated that

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1 is equal to the product of the number of outpatient

2 encounter claims attributable to the hospital used in

3 the calculation of the quarterly uniform class per

4 claim add-on, multiplied by the calculated applicable

5 quarterly uniform class per claim add-on of the

6 hospital class.

7 (B) Each hospital shall be paid 1/3 of its

8 quarterly outpatient directed payment in each of the 3

9 months of the Payout Quarter, in accordance with

10 directions provided to each MCO by the Department.

11 (3) Each MCO shall pay each hospital the Monthly

12 Directed Payment as identified by the Department on its

13 quarterly determination report.

14 (4) Definitions. As used in this subsection:

15 (A) "Payout Quarter" means each 3 month calendar

16 quarter, beginning July 1, 2020.

17 (B) "Determination Quarter" means each 3 month

18 calendar quarter, which ends 3 months prior to the

19 first day of each Payout Quarter.

20 (5) For the period July 1, 2020 through December 2020,

21 the following amounts shall be allocated to the following

22 hospital class directed payment pools for the quarterly

23 development of a uniform per unit add-on:

24 (A) $2,894,500 for hospital inpatient services for

25 critical access hospitals.

26 (B) $4,294,374 for hospital outpatient services

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1 for critical access hospitals.

2 (C) $29,109,330 for hospital inpatient services

3 for safety-net hospitals.

4 (D) $35,041,218 for hospital outpatient services

5 for safety-net hospitals.

6 (h) Fixed rate directed payments. Effective July 1, 2020,

7 the Department shall issue payments to MCOs which shall be used

8 to issue directed payments to Illinois hospitals not identified

9 in paragraph (g) on a monthly basis. Prior to the beginning of

10 each Payout Quarter beginning July 1, 2020, the Department

11 shall use encounter claims data from the Determination Quarter,

12 accepted by the Department's Medicaid Management Information

13 System for inpatient and outpatient services rendered by

14 hospitals in each hospital class identified in paragraph (f)

15 and not identified in paragraph (g). For the period July 1,

16 2020 through December 2020, the Department shall direct MCOs to

17 make payments as follows:

18 (1) For general acute care hospitals an amount equal to

19 $1,750 multiplied by the hospital's category of service 20

20 case mix index for the determination quarter multiplied by

21 the hospital's total number of inpatient admissions for

22 category of service 20 for the determination quarter.

23 (2) For general acute care hospitals an amount equal to

24 $160 multiplied by the hospital's category of service 21

25 case mix index for the determination quarter multiplied by

26 the hospital's total number of inpatient admissions for

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1 category of service 21 for the determination quarter.

2 (3) For general acute care hospitals an amount equal to

3 $80 multiplied by the hospital's category of service 22

4 case mix index for the determination quarter multiplied by

5 the hospital's total number of inpatient admissions for

6 category of service 22 for the determination quarter.

7 (4) For general acute care hospitals an amount equal to

8 $375 multiplied by the hospital's category of service 24

9 case mix index for the determination quarter multiplied by

10 the hospital's total number of category of service 24 paid

11 EAPG (EAPGs) for the determination quarter.

12 (5) For general acute care hospitals an amount equal to

13 $240 multiplied by the hospital's category of service 27

14 and 28 case mix index for the determination quarter

15 multiplied by the hospital's total number of category of

16 service 27 and 28 paid EAPGs for the determination quarter.

17 (6) For general acute care hospitals an amount equal to

18 $290 multiplied by the hospital's category of service 29

19 case mix index for the determination quarter multiplied by

20 the hospital's total number of category of service 29 paid

21 EAPGs for the determination quarter.

22 (7) For high Medicaid hospitals an amount equal to

23 $1,800 multiplied by the hospital's category of service 20

24 case mix index for the determination quarter multiplied by

25 the hospital's total number of inpatient admissions for

26 category of service 20 for the determination quarter.

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1 (8) For high Medicaid hospitals an amount equal to $160

2 multiplied by the hospital's category of service 21 case

3 mix index for the determination quarter multiplied by the

4 hospital's total number of inpatient admissions for

5 category of service 21 for the determination quarter.

6 (9) For high Medicaid hospitals an amount equal to $80

7 multiplied by the hospital's category of service 22 case

8 mix index for the determination quarter multiplied by the

9 hospital's total number of inpatient admissions for

10 category of service 22 for the determination quarter.

11 (10) For high Medicaid hospitals an amount equal to

12 $400 multiplied by the hospital's category of service 24

13 case mix index for the determination quarter multiplied by

14 the hospital's total number of category of service 24 paid

15 EAPG outpatient claims for the determination quarter.

16 (11) For high Medicaid hospitals an amount equal to

17 $240 multiplied by the hospital's category of service 27

18 and 28 case mix index for the determination quarter

19 multiplied by the hospital's total number of category of

20 service 27 and 28 paid EAPGs for the determination quarter.

21 (12) For high Medicaid hospitals an amount equal to

22 $290 multiplied by the hospital's category of service 29

23 case mix index for the determination quarter multiplied by

24 the hospital's total number of category of service 29 paid

25 EAPGs for the determination quarter.

26 (13) For long term acute care hospitals the amount of

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1 $495 multiplied by the hospital's total number of inpatient

2 days for the determination quarter.

3 (14) For psychiatric hospitals the amount of $210

4 multiplied by the hospital's total number of inpatient days

5 for category of service 21 for the determination quarter.

6 (15) For psychiatric hospitals the amount of $250

7 multiplied by the hospital's total number of outpatient

8 claims for category of service 27 and 28 for the

9 determination quarter.

10 (16) For rehabilitation hospitals the amount of $410

11 multiplied by the hospital's total number of inpatient days

12 for category of service 22 for the determination quarter.

13 (17) For rehabilitation hospitals the amount of $100

14 multiplied by the hospital's total number of outpatient

15 claims for category of service 29 for the determination

16 quarter.

17 (18) Each hospital shall be paid 1/3 of their quarterly

18 inpatient and outpatient directed payment in each of the 3

19 months of the Payout Quarter, in accordance with directions

20 provided to each MCO by the Department.

21 (19) Each MCO shall pay each hospital the Monthly

22 Directed Payment amount as identified by the Department on

23 its quarterly determination report.

24 Notwithstanding any other provision of this subsection, if

25 the Department determines that the actual total hospital

26 utilization data that is used to calculate the fixed rate

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1 directed payments is substantially different than anticipated

2 when the rates in this subsection were initially determined

3 (for unforeseeable circumstances such as the COVID-19

4 pandemic), the Department may adjust the rates specified in

5 this subsection so that the total directed payments approximate

6 the total spending amount anticipated when the rates were

7 initially established.

8 Definitions. As used in this subsection:

9 (A) "Payout Quarter" means each calendar quarter,

10 beginning July 1, 2020.

11 (B) "Determination Quarter" means each calendar

12 quarter which ends 3 months prior to the first day of

13 each Payout Quarter.

14 (C) "Case mix index" means a hospital specific

15 calculation. For inpatient claims the case mix index is

16 calculated each quarter by summing the relative weight

17 of all inpatient Diagnosis-Related Group (DRG) claims

18 for a category of service in the applicable

19 Determination Quarter and dividing the sum by the

20 number of sum total of all inpatient DRG admissions for

21 the category of service for the associated claims. The

22 case mix index for outpatient claims is calculated each

23 quarter by summing the relative weight of all paid

24 EAPGs in the applicable Determination Quarter and

25 dividing the sum by the sum total of paid EAPGs for the

26 associated claims.

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1 (i) Beginning January 1, 2021, the rates for directed

2 payments shall be recalculated in order to spend the additional

3 funds for directed payments that result from reduction in the

4 amount of pass-through payments allowed under federal

5 regulations. The additional funds for directed payments shall

6 be allocated proportionally to each class of hospitals based on

7 that class' proportion of services.

8 (j) Pass-through payments.

9 (1) For the period July 1, 2020 through December 31,

10 2020, the Department shall assign quarterly pass-through

11 payments to each class of hospitals equal to one-fourth of

12 the following annual allocations:

13 (A) $390,487,095 to safety-net hospitals.

14 (B) $62,553,886 to critical access hospitals.

15 (C) $345,021,438 to high Medicaid hospitals.

16 (D) $551,429,071 to general acute care hospitals.

17 (E) $27,283,870 to long term acute care hospitals.

18 (F) $40,825,444 to freestanding psychiatric

19 hospitals.

20 (G) $9,652,108 to freestanding rehabilitation

21 hospitals.

22 (2) The pass-through payments shall at a minimum ensure

23 hospitals receive a total amount of monthly payments under

24 this Section as received in calendar year 2019 in

25 accordance with this Article and paragraph (1) of

26 subsection (d-5) of Section 14-12, exclusive of amounts

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1 received through payments referenced in subsection (b).

2 (3) For the calendar year beginning January 1, 2021,

3 and each calendar year thereafter, each hospital's

4 pass-through payment amount shall be reduced

5 proportionally to the reduction of all pass-through

6 payments required by federal regulations.

7 (k) At least 30 days prior to each calendar year, the

8 Department shall notify each hospital of changes to the payment

9 methodologies in this Section, including, but not limited to,

10 changes in the fixed rate directed payment rates, the aggregate

11 pass-through payment amount for all hospitals, and the

12 hospital's pass-through payment amount for the upcoming

13 calendar year.

14 (l) Notwithstanding any other provisions of this Section,

15 the Department may adopt rules to change the methodology for

16 directed and pass-through payments as set forth in this

17 Section, but only to the extent necessary to obtain federal

18 approval of a necessary State Plan amendment or Directed

19 Payment Preprint or to otherwise conform to federal law or

20 federal regulation.

21 (m) As used in this subsection, "managed care organization"

22 or "MCO" means an entity which contracts with the Department to

23 provide services where payment for medical services is made on

24 a capitated basis, excluding contracted entities for dual

25 eligible or Department of Children and Family Services youth

26 populations.

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1 (n) In order to address the escalating infant mortality

2 rates among minority communities in Illinois, the State shall,

3 subject to appropriation, create a pool of funding of at least

4 $50,000,000 annually to be dispersed among safety-net

5 hospitals that maintain perinatal designation from the

6 Department of Public Health. The funding shall be used to

7 preserve or enhance OB/GYN services or other specialty services

8 at the receiving hospital.

9 (Source: P.A. 101-650, eff. 7-7-20.)

10 Article 110.

11 Section 110-1. Short title. This Article may be cited as

12 the Racial Impact Note Act.

13 Section 110-5. Racial impact note.

14 (a) Every bill which has or could have a disparate impact

15 on racial and ethnic minorities, upon the request of any

16 member, shall have prepared for it, before second reading in

17 the house of introduction, a brief explanatory statement or

18 note that shall include a reliable estimate of the anticipated

19 impact on those racial and ethnic minorities likely to be

20 impacted by the bill. Each racial impact note must include, for

21 racial and ethnic minorities for which data are available: (i)

22 an estimate of how the proposed legislation would impact racial

23 and ethnic minorities; (ii) a statement of the methodologies

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1 and assumptions used in preparing the estimate; (iii) an

2 estimate of the racial and ethnic composition of the population

3 who may be impacted by the proposed legislation, including

4 those persons who may be negatively impacted and those persons

5 who may benefit from the proposed legislation; and (iv) any

6 other matter that a responding agency considers appropriate in

7 relation to the racial and ethnic minorities likely to be

8 affected by the bill.

9 Section 110-10. Preparation.

10 (a) The sponsor of each bill for which a request under

11 Section 110-5 has been made shall present a copy of the bill

12 with the request for a racial impact note to the appropriate

13 responding agency or agencies under subsection (b). The

14 responding agency or agencies shall prepare and submit the note

15 to the sponsor of the bill within 5 calendar days, except that

16 whenever, because of the complexity of the measure, additional

17 time is required for the preparation of the racial impact note,

18 the responding agency or agencies may inform the sponsor of the

19 bill, and the sponsor may approve an extension of the time

20 within which the note is to be submitted, not to extend,

21 however, beyond June 15, following the date of the request. If,

22 in the opinion of the responding agency or agencies, there is

23 insufficient information to prepare a reliable estimate of the

24 anticipated impact, a statement to that effect can be filed and

25 shall meet the requirements of this Act.

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1 (b) If a bill concerns arrests, convictions, or law

2 enforcement, a statement shall be prepared by the Illinois

3 Criminal Justice Information Authority specifying the impact

4 on racial and ethnic minorities. If a bill concerns

5 corrections, sentencing, or the placement of individuals

6 within the Department of Corrections, a statement shall be

7 prepared by the Department of Corrections specifying the impact

8 on racial and ethnic minorities. If a bill concerns local

9 government, a statement shall be prepared by the Department of

10 Commerce and Economic Opportunity specifying the impact on

11 racial and ethnic minorities. If a bill concerns education, one

12 of the following agencies shall prepare a statement specifying

13 the impact on racial and ethnic minorities: (i) the Illinois

14 Community College Board, if the bill affects community

15 colleges; (ii) the Illinois State Board of Education, if the

16 bill affects primary and secondary education; or (iii) the

17 Illinois Board of Higher Education, if the bill affects State

18 universities. Any other State agency impacted or responsible

19 for implementing all or part of this bill shall prepare a

20 statement of the racial and ethnic impact of the bill as it

21 relates to that agency.

22 Section 110-15. Requisites and contents. The note shall be

23 factual in nature, as brief and concise as may be, and, in

24 addition, it shall include both the immediate effect and, if

25 determinable or reasonably foreseeable, the long range effect

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1 of the measure on racial and ethnic minorities. If, after

2 careful investigation, it is determined that such an effect is

3 not ascertainable, the note shall contain a statement to that

4 effect, setting forth the reasons why no ascertainable effect

5 can be given.

6 Section 110-20. Comment or opinion; technical or

7 mechanical defects. No comment or opinion shall be included in

8 the racial impact note with regard to the merits of the measure

9 for which the racial impact note is prepared; however,

10 technical or mechanical defects may be noted.

11 Section 110-25. Appearance of State officials and

12 employees in support or opposition of measure. The fact that a

13 racial impact note is prepared for any bill shall not preclude

14 or restrict the appearance before any committee of the General

15 Assembly of any official or authorized employee of the

16 responding agency or agencies, or any other impacted State

17 agency, who desires to be heard in support of or in opposition

18 to the measure.

19 Article 115.

20 Section 115-5. The Department of Healthcare and Family

21 Services Law of the Civil Administrative Code of Illinois is

22 amended by adding Section 2205-35 as follows:

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1 (20 ILCS 2205/2205-35 new)

2 Sec. 2205-35. Increasing access to primary care in

3 hospitals. The Department of Healthcare and Family Services

4 shall develop a program to encourage coordination between

5 Federally Qualified Health Centers (FQHCs) and hospitals,

6 including, but not limited to, safety-net hospitals, with the

7 goal of increasing care coordination, managing chronic

8 diseases, and addressing the social determinants of health on

9 or before December 31, 2021. In addition, the Department shall

10 develop a payment methodology to allow FQHCs to provide care

11 coordination services, including, but not limited to, chronic

12 disease management and behavioral health services. The

13 Department of Healthcare and Family Services shall develop a

14 payment methodology to allow for care coordination services in

15 FQHCs by no later than December 31, 2021.

16 Article 120.

17 Section 120-5. The Civil Administrative Code of Illinois is

18 amended by changing Section 5-565 as follows:

19 (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)

20 Sec. 5-565. In the Department of Public Health.

21 (a) The General Assembly declares it to be the public

22 policy of this State that allresidents ~~citizens~~ of Illinois

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1 are entitled to lead healthy lives. Governmental public health

2 has a specific responsibility to ensure that a public health

3 system is in place to allow the public health mission to be

4 achieved. The public health system is the collection of public,

5 private, and voluntary entities as well as individuals and

6 informal associations that contribute to the public's health

7 within the State. To develop a public health system requires

8 certain core functions to be performed by government. The State

9 Board of Health is to assume the leadership role in advising

10 the Director in meeting the following functions:

11 (1) Needs assessment.

12 (2) Statewide health objectives.

13 (3) Policy development.

14 (4) Assurance of access to necessary services.

15 There shall be a State Board of Health composed of 20

16 persons, all of whom shall be appointed by the Governor, with

17 the advice and consent of the Senate for those appointed by the

18 Governor on and after June 30, 1998, and one of whom shall be a

19 senior citizen age 60 or over. Five members shall be physicians

20 licensed to practice medicine in all its branches, one

21 representing a medical school faculty, one who is board

22 certified in preventive medicine, and one who is engaged in

23 private practice. One member shall be a chiropractic physician.

24 One member shall be a dentist; one an environmental health

25 practitioner; one a local public health administrator; one a

26 local board of health member; one a registered nurse; one a

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1 physical therapist; one an optometrist; one a veterinarian; one

2 a public health academician; one a health care industry

3 representative; one a representative of the business

4 community; one a representative of the non-profit public

5 interest community; and 2 shall be citizens at large.

6 The terms of Board of Health members shall be 3 years,

7 except that members shall continue to serve on the Board of

8 Health until a replacement is appointed. Upon the effective

9 date of Public Act 93-975 (January 1, 2005) ~~this amendatory Act~~

10 ~~of the 93rd General Assembly~~, in the appointment of the Board

11 of Health members appointed to vacancies or positions with

12 terms expiring on or before December 31, 2004, the Governor

13 shall appoint up to 6 members to serve for terms of 3 years; up

14 to 6 members to serve for terms of 2 years; and up to 5 members

15 to serve for a term of one year, so that the term of no more

16 than 6 members expire in the same year. All members shall be

17 legal residents of the State of Illinois. The duties of the

18 Board shall include, but not be limited to, the following:

19 (1) To advise the Department of ways to encourage

20 public understanding and support of the Department's

21 programs.

22 (2) To evaluate all boards, councils, committees,

23 authorities, and bodies advisory to, or an adjunct of, the

24 Department of Public Health or its Director for the purpose

25 of recommending to the Director one or more of the

26 following:

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1 (i) The elimination of bodies whose activities are

2 not consistent with goals and objectives of the

3 Department.

4 (ii) The consolidation of bodies whose activities

5 encompass compatible programmatic subjects.

6 (iii) The restructuring of the relationship

7 between the various bodies and their integration

8 within the organizational structure of the Department.

9 (iv) The establishment of new bodies deemed

10 essential to the functioning of the Department.

11 (3) To serve as an advisory group to the Director for

12 public health emergencies and control of health hazards.

13 (4) To advise the Director regarding public health

14 policy, and to make health policy recommendations

15 regarding priorities to the Governor through the Director.

16 (5) To present public health issues to the Director and

17 to make recommendations for the resolution of those issues.

18 (6) To recommend studies to delineate public health

19 problems.

20 (7) To make recommendations to the Governor through the

21 Director regarding the coordination of State public health

22 activities with other State and local public health

23 agencies and organizations.

24 (8) To report on or before February 1 of each year on

25 the health of the residents of Illinois to the Governor,

26 the General Assembly, and the public.

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1 (9) To review the final draft of all proposed

2 administrative rules, other than emergency orperemptory

3 ~~preemptory~~rules and those rules that another advisory body

4 must approve or review within a statutorily defined time

5 period, of the Department after September 19, 1991 (the

6 effective date of Public Act 87-633). The Board shall

7 review the proposed rules within 90 days of submission by

8 the Department. The Department shall take into

9 consideration any comments and recommendations of the

10 Board regarding the proposed rules prior to submission to

11 the Secretary of State for initial publication. If the

12 Department disagrees with the recommendations of the

13 Board, it shall submit a written response outlining the

14 reasons for not accepting the recommendations.

15 In the case of proposed administrative rules or

16 amendments to administrative rules regarding immunization

17 of children against preventable communicable diseases

18 designated by the Director under the Communicable Disease

19 Prevention Act, after the Immunization Advisory Committee

20 has made its recommendations, the Board shall conduct 3

21 public hearings, geographically distributed throughout the

22 State. At the conclusion of the hearings, the State Board

23 of Health shall issue a report, including its

24 recommendations, to the Director. The Director shall take

25 into consideration any comments or recommendations made by

26 the Board based on these hearings.

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1 (10) To deliver to the Governor for presentation to the

2 General Assembly a State Health Assessment (SHA) and a

3 State Health Improvement Plan (SHIP). The first 5 ~~3~~ such

4 plans shall be delivered to the Governor on January 1,

5 2006, January 1, 2009, ~~and~~ January 1, 2016, January 1,

6 2021, and June 30, 2022, and then every 5 years thereafter.

7 The State Health Assessment and State Health

8 Improvement Plan ~~Plan~~ shall assess and recommend

9 priorities and strategies to improve the public health

10 system, ~~and~~ the health status of Illinois residents, reduce

11 health disparities and inequities, and promote health

12 equity. The State Health Assessment and State Health

13 Improvement Plan development and implementation shall

14 conform to national Public Health Accreditation Board

15 Standards. The State Health Assessment and State Health

16 Improvement Plan development and implementation process

17 shall be carried out with the administrative and

18 operational support of the Department of Public Health

19 ~~taking into consideration national health objectives and~~

20 ~~system standards as frameworks for assessment~~.

21 The State Health Assessment shall include

22 comprehensive, broad-based data and information from a

23 variety of sources on health status and the public health

24 system including:

25 (i) quantitative data on the demographics and

26 health status of the population, including data over

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1 time on health by gender identity, sexual orientation,

2 race, ethnicity, age, socio-economic factors,

3 geographic region, disability status, and other

4 indicators of disparity;

5 (ii) quantitative data on social and structural

6 issues affecting health (social and structural

7 determinants of health), including, but not limited

8 to, housing, transportation, educational attainment,

9 employment, and income inequality;

10 (iii) priorities and strategies developed at the

11 community level through the Illinois Project for Local

12 Assessment of Needs (IPLAN) and other local and

13 regional community health needs assessments;

14 (iv) qualitative data representing the

15 population's input on health concerns and well-being,

16 including the perceptions of people experiencing

17 disparities and health inequities;

18 (v) information on health disparities and health

19 inequities; and

20 (vi) information on public health system strengths

21 and areas for improvement.

22 ~~The Plan shall also take into consideration priorities~~

23 ~~and strategies developed at the community level through the~~

24 ~~Illinois Project for Local Assessment of Needs (IPLAN) and~~

25 ~~any regional health improvement plans that may be~~

26 ~~developed.~~

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1 The State Health Improvement Plan ~~Plan~~ shall focus on

2 prevention, social determinants of health, and promoting

3 health equity as key strategies ~~as a key strategy~~ for

4 long-term health improvement in Illinois.

5 The State Health Improvement Plan ~~Plan~~ shall identify

6 priority State health issues and social issues affecting

7 health, and shall examine and make recommendations on the

8 contributions and strategies of the public and private

9 sectors for improving health status and the public health

10 system in the State. In addition to recommendations on

11 health status improvement priorities and strategies for

12 the population of the State as a whole, the State Health

13 Improvement Plan ~~Plan~~ shall make recommendations regarding

14 priorities and strategies for reducing and eliminating

15 health disparities and health inequities in Illinois;

16 including racial, ethnic, gender, sex, age,

17 socio-economic, and geographic disparities. The State

18 Health Improvement Plan shall make recommendations

19 regarding social determinants of health, such as housing,

20 transportation, educational attainment, employment, and

21 income inequality.

22 The development and implementation of the State Health

23 Assessment and State Health Improvement Plan shall be a

24 collaborative public-private cross-agency effort overseen

25 by the SHA and SHIP Partnership. The Director of Public

26 Health shall consult with the Governor to ensure

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1 participation by the head of State agencies with public

2 health responsibilities (or their designees) in the SHA and

3 SHIP Partnership, including, but not limited to, the

4 Department of Public Health, the Department of Human

5 Services, the Department of Healthcare and Family

6 Services, the Department of Children and Family Services,

7 the Environmental Protection Agency, the Illinois State

8 Board of Education, the Department on Aging, the Illinois

9 Housing Development Authority, the Illinois Criminal

10 Justice Information Authority, the Department of

11 Agriculture, the Department of Transportation, the

12 Department of Corrections, the Department of Commerce and

13 Economic Opportunity, and the Chair of the State Board of

14 Health to also serve on the Partnership. A member of the

15 Governors' staff shall participate in the Partnership and

16 serve as a liaison to the Governors' office.

17 The Director of ~~the Illinois Department of~~ Public

18 Health shall appoint a minimum of 15 other members of the

19 SHA and SHIP Partnership representing ~~a Planning Team that~~

20 ~~includes~~ a range of public, private, and voluntary sector

21 stakeholders and participants in the public health system.

22 For the first SHA and SHIP Partnership after the effective

23 date of this amendatory Act of the 101st General Assembly,

24 one-half of the members shall be appointed for a 3-year

25 term, and one-half of the members shall be appointed for a

26 5-year term. Subsequently, members shall be appointed to

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1 5-year terms. Should any member not be able to fulfill his

2 or her term, the Director may appoint a replacement to

3 complete that term. The Director, in consultation with the

4 SHA and SHIP Partnership, may engage additional

5 individuals and organizations to serve on subcommittees

6 and ad hoc efforts to conduct the State Health Assessment

7 and develop and implement the State Health Improvement

8 Plan. Members of the SHA and SHIP Partnership shall receive

9 no compensation for serving as members, but may be

10 reimbursed for their necessary expenses if departmental

11 resources allow.

12 The SHA and SHIP Partnership ~~This Team~~ shall include:

13 ~~the directors of State agencies with public health~~

14 ~~responsibilities (or their designees), including but not~~

15 ~~limited to the Illinois Departments of Public Health and~~

16 ~~Department of Human Services,~~ representatives of local

17 health departments~~, representatives of local community~~

18 ~~health partnerships,~~ and individuals with expertise who

19 represent an array of organizations and constituencies

20 engaged in public health improvement and prevention, such

21 as non-profit public interest groups, groups serving

22 populations that experience health disparities and health

23 inequities, groups addressing social determinants of

24 health, health issue groups, faith community groups,

25 health care providers, businesses and employers, academic

26 institutions, and community-based organizations.

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1 The Director shall endeavor to make the membership of

2 the Partnership diverse and inclusive of the racial,

3 ethnic, gender, socio-economic, and geographic diversity

4 of the State. The SHA and SHIP Partnership shall be chaired

5 by the Director of Public Health or his or her designee.

6 The SHA and SHIP Partnership shall develop and

7 implement a community engagement process that facilitates

8 input into the development of the State Health Assessment

9 and State Health Improvement Plan. This engagement process

10 shall ensure that individuals with lived experience in the

11 issues addressed in the State Health Assessment and State

12 Health Improvement Plan are meaningfully engaged in the

13 development and implementation of the State Health

14 Assessment and State Health Improvement Plan.

15 The State Board of Health shall hold at least 3 public

16 hearings addressing a draft of the State Health Improvement

17 Plan ~~drafts of the Plan~~ in representative geographic areas

18 of the State.~~Members of the Planning Team shall receive no~~

19 ~~compensation for their services, but may be reimbursed for~~

20 ~~their necessary expenses.~~

21 ~~Upon the delivery of each State Health Improvement~~

22 ~~Plan, the Governor shall appoint a SHIP Implementation~~

23 ~~Coordination Council that includes a range of public,~~

24 ~~private, and voluntary sector stakeholders and~~

25 ~~participants in the public health system. The Council shall~~

26 ~~include the directors of State agencies and entities with~~

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1 ~~public health system responsibilities (or their~~

2 ~~designees), including but not limited to the Department of~~

3 ~~Public Health, Department of Human Services, Department of~~

4 ~~Healthcare and Family Services, Environmental Protection~~

5 ~~Agency, Illinois State Board of Education, Department on~~

6 ~~Aging, Illinois Violence Prevention Authority, Department~~

7 ~~of Agriculture, Department of Insurance, Department of~~

8 ~~Financial and Professional Regulation, Department of~~

9 ~~Transportation, and Department of Commerce and Economic~~

10 ~~Opportunity and the Chair of the State Board of Health. The~~

11 ~~Council shall include representatives of local health~~

12 ~~departments and individuals with expertise who represent~~

13 ~~an array of organizations and constituencies engaged in~~

14 ~~public health improvement and prevention, including~~

15 ~~non-profit public interest groups, health issue groups,~~

16 ~~faith community groups, health care providers, businesses~~

17 ~~and employers, academic institutions, and community-based~~

18 ~~organizations. The Governor shall endeavor to make the~~

19 ~~membership of the Council representative of the racial,~~

20 ~~ethnic, gender, socio-economic, and geographic diversity~~

21 ~~of the State. The Governor shall designate one State agency~~

22 ~~representative and one other non-governmental member as~~

23 ~~co-chairs of the Council. The Governor shall designate a~~

24 ~~member of the Governor's office to serve as liaison to the~~

25 ~~Council and one or more State agencies to provide or~~

26 ~~arrange for support to the Council. The members of the SHIP~~

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1 ~~Implementation Coordination Council for each State Health~~

2 ~~Improvement Plan shall serve until the delivery of the~~

3 ~~subsequent State Health Improvement Plan, whereupon a new~~

4 ~~Council shall be appointed. Members of the SHIP Planning~~

5 ~~Team may serve on the SHIP Implementation Coordination~~

6 ~~Council if so appointed by the Governor.~~

7 Upon the delivery of each State Health Assessment and

8 State Health Improvement Plan, the SHA and SHIP Partnership

9 ~~The SHIP Implementation Coordination Council~~ shall

10 coordinate the efforts and engagement of the public,

11 private, and voluntary sector stakeholders and

12 participants in the public health system to implement each

13 SHIP. The Partnership ~~Council~~ shall serve as a forum for

14 collaborative action; coordinate existing and new

15 initiatives; develop detailed implementation steps, with

16 mechanisms for action; implement specific projects;

17 identify public and private funding sources at the local,

18 State and federal level; promote public awareness of the

19 SHIP; and advocate for the implementation of the SHIP. The

20 SHA and SHIP Partnership shall implement strategies to

21 ensure that individuals and communities affected by health

22 disparities and health inequities are engaged in the

23 process throughout the 5-year cycle. The SHA and SHIP

24 Partnership shall regularly evaluate and update the State

25 Health Assessment and track implementation of the State

26 Health Improvement Plan with revisions as necessary. The

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1 SHA and SHIP Partnership shall not have the authority to

2 direct any public or private entity to take specific action

3 to implement the SHIP. ~~; and develop an annual report to~~

4 ~~the Governor, General Assembly, and public regarding the~~

5 ~~status of implementation of the SHIP. The Council shall~~

6 ~~not, however, have the authority to direct any public or~~

7 ~~private entity to take specific action to implement the~~

8 ~~SHIP.~~

9 The SHA and SHIP Partnership shall regularly evaluate

10 and update the State Health Assessment and track

11 implementation of the State Health Improvement Plan with

12 revisions as necessary. The State Board of Health shall

13 submit a report by January 31 of each year on the status of

14 State Health Improvement Plan implementation and community

15 engagement activities to the Governor, General Assembly,

16 and public. In the fifth year, the report may be

17 consolidated into the new State Health Assessment and State

18 Health Improvement Plan.

19 (11) Upon the request of the Governor, to recommend to

20 the Governor candidates for Director of Public Health when

21 vacancies occur in the position.

22 (12) To adopt bylaws for the conduct of its own

23 business, including the authority to establish ad hoc

24 committees to address specific public health programs

25 requiring resolution.

26 (13) (Blank).

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1 Upon appointment, the Board shall elect a chairperson from

2 among its members.

3 Members of the Board shall receive compensation for their

4 services at the rate of $150 per day, not to exceed $10,000 per

5 year, as designated by the Director for each day required for

6 transacting the business of the Board and shall be reimbursed

7 for necessary expenses incurred in the performance of their

8 duties. The Board shall meet from time to time at the call of

9 the Department, at the call of the chairperson, or upon the

10 request of 3 of its members, but shall not meet less than 4

11 times per year.

12 (b) (Blank).

13 (c) An Advisory Board on Necropsy Service to Coroners,

14 which shall counsel and advise with the Director on the

15 administration of the Autopsy Act. The Advisory Board shall

16 consist of 11 members, including a senior citizen age 60 or

17 over, appointed by the Governor, one of whom shall be

18 designated as chairman by a majority of the members of the

19 Board. In the appointment of the first Board the Governor shall

20 appoint 3 members to serve for terms of 1 year, 3 for terms of 2

21 years, and 3 for terms of 3 years. The members first appointed

22 under Public Act 83-1538 shall serve for a term of 3 years. All

23 members appointed thereafter shall be appointed for terms of 3

24 years, except that when an appointment is made to fill a

25 vacancy, the appointment shall be for the remaining term of the

26 position vacant. The members of the Board shall be citizens of

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1 the State of Illinois. In the appointment of members of the

2 Advisory Board the Governor shall appoint 3 members who shall

3 be persons licensed to practice medicine and surgery in the

4 State of Illinois, at least 2 of whom shall have received

5 post-graduate training in the field of pathology; 3 members who

6 are duly elected coroners in this State; and 5 members who

7 shall have interest and abilities in the field of forensic

8 medicine but who shall be neither persons licensed to practice

9 any branch of medicine in this State nor coroners. In the

10 appointment of medical and coroner members of the Board, the

11 Governor shall invite nominations from recognized medical and

12 coroners organizations in this State respectively. Board

13 members, while serving on business of the Board, shall receive

14 actual necessary travel and subsistence expenses while so

15 serving away from their places of residence.

16 (Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17;

17 revised 7-17-19.)

18 Article 125.

19 Section 125-1. Short title. This Article may be cited as

20 the Health and Human Services Task Force and Study Act.

21 References in this Article to "this Act" mean this Article.

22 Section 125-5. Findings. The General Assembly finds that:

23 (1) The State is committed to improving the health and

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1 well-being of Illinois residents and families.

2 (2) According to data collected by the Kaiser

3 Foundation, Illinois had over 905,000 uninsured residents

4 in 2019, with a total uninsured rate of 7.3%.

5 (3) Many Illinois residents and families who have

6 health insurance cannot afford to use it due to high

7 deductibles and cost sharing.

8 (4) Lack of access to affordable health care services

9 disproportionately affects minority communities throughout

10 the State, leading to poorer health outcomes among those

11 populations.

12 (5) Illinois Medicaid beneficiaries are not receiving

13 the coordinated and effective care they need to support

14 their overall health and well-being.

15 (6) Illinois has an opportunity to improve the health

16 and well-being of a historically underserved and

17 vulnerable population by providing more coordinated and

18 higher quality care to its Medicaid beneficiaries.

19 (7) The State of Illinois has a responsibility to help

20 crime victims access justice, assistance, and the support

21 they need to heal.

22 (8) Research has shown that people who are repeatedly

23 victimized are more likely to face mental health problems

24 such as depression, anxiety, and symptoms related to

25 post-traumatic stress disorder and chronic trauma.

26 (9) Trauma-informed care has been promoted and

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1 established in communities across the country on a

2 bipartisan basis, and numerous federal agencies have

3 integrated trauma-informed approaches into their programs

4 and grants, which should be leveraged by the State of

5 Illinois.

6 (10) Infants, children, and youth and their families

7 who have experienced or are at risk of experiencing trauma,

8 including those who are low-income, homeless, involved

9 with the child welfare system, involved in the juvenile or

10 adult justice system, unemployed, or not enrolled in or at

11 risk of dropping out of an educational institution and live

12 in a community that has faced acute or long-term exposure

13 to substantial discrimination, historical oppression,

14 intergenerational poverty, a high rate of violence or drug

15 overdose deaths, should have an opportunity for improved

16 outcomes; this means increasing access to greater

17 opportunities to meet educational, employment, health,

18 developmental, community reentry, permanency from foster

19 care, or other key goals.

20 Section 125-10. Health and Human Services Task Force. The

21 Health and Human Services Task Force is created within the

22 Department of Human Services to undertake a systematic review

23 of health and human service departments and programs with the

24 goal of improving health and human service outcomes for

25 Illinois residents.

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1 Section 125-15. Study.

2 (1) The Task Force shall review all health and human

3 service departments and programs and make recommendations for

4 achieving a system that will improve interagency

5 interoperability with respect to improving access to

6 healthcare, healthcare disparities, workforce competency and

7 diversity, social determinants of health, and data sharing and

8 collection. These recommendations shall include, but are not

9 limited to, the following elements:

10 (i) impact on infant and maternal mortality;

11 (ii) impact of hospital closures, including safety-net

12 hospitals, on local communities; and

13 (iii) impact on Medicaid Managed Care Organizations.

14 (2) The Task Force shall review and make recommendations on

15 ways the Medicaid program can partner and cooperate with other

16 agencies, including but not limited to the Department of

17 Agriculture, the Department of Insurance, the Department of

18 Human Services, the Department of Labor, the Environmental

19 Protection Agency, and the Department of Public Health, to

20 better address social determinants of public health,

21 including, but not limited to, food deserts, affordable

22 housing, environmental pollutions, employment, education, and

23 public support services. This shall include a review and

24 recommendations on ways Medicaid and the agencies can share

25 costs related to better health outcomes.

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1 (3) The Task Force shall review the current partnership,

2 communication, and cooperation between Federally Qualified

3 Health Centers (FQHCs) and safety-net hospitals in Illinois and

4 make recommendations on public policies that will improve

5 interoperability and cooperations between these entities in

6 order to achieve improved coordinated care and better health

7 outcomes for vulnerable populations in the State.

8 (4) The Task Force shall review and examine public policies

9 affecting trauma and social determinants of health, including

10 trauma-informed care, and make recommendations on ways to

11 improve and integrate trauma-informed approaches into programs

12 and agencies in the State, including, but not limited to,

13 Medicaid and other health care programs administered by the

14 State, and increase awareness of trauma and its effects on

15 communities across Illinois.

16 (5) The Task Force shall review and examine the connection

17 between access to education and health outcomes particularly in

18 African American and minority communities and make

19 recommendations on public policies to address any gaps or

20 deficiencies.

21 Section 125-20. Membership; appointments; meetings;

22 support.

23 (1) The Task Force shall include representation from both

24 public and private organizations, and its membership shall

25 reflect regional, racial, and cultural diversity to ensure

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1 representation of the needs of all Illinois citizens. Task

2 Force members shall include one member appointed by the

3 President of the Senate, one member appointed by the Minority

4 Leader of the Senate, one member appointed by the Speaker of

5 the House of Representatives, one member appointed by the

6 Minority Leader of the House of Representatives, and other

7 members appointed by the Governor. The Governor's appointments

8 shall include, without limitation, the following:

9 (A) One member of the Senate, appointed by the Senate

10 President, who shall serve as Co-Chair;

11 (B) One member of the House of Representatives,

12 appointed by the Speaker of the House, who shall serve as

13 Co-Chair;

14 (C) Eight members of the General Assembly representing

15 each of the majority and minority caucuses of each chamber.

16 (D) The Directors or Secretaries of the following State

17 agencies or their designees:

18 (i) Department of Human Services.

19 (ii) Department of Children and Family Services.

20 (iii) Department of Healthcare and Family

21 Services.

22 (iv) State Board of Education.

23 (v) Department on Aging.

24 (vi) Department of Public Health.

25 (vii) Department of Veterans' Affairs.

26 (viii) Department of Insurance.

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1 (E) Local government stakeholders and nongovernmental

2 stakeholders with an interest in human services, including

3 representation among the following private-sector fields

4 and constituencies:

5 (i) Early childhood education and development.

6 (ii) Child care.

7 (iii) Child welfare.

8 (iv) Youth services.

9 (v) Developmental disabilities.

10 (vi) Mental health.

11 (vii) Employment and training.

12 (viii) Sexual and domestic violence.

13 (ix) Alcohol and substance abuse.

14 (x) Local community collaborations among human

15 services programs.

16 (xi) Immigrant services.

17 (xii) Affordable housing.

18 (xiii) Food and nutrition.

19 (xiv) Homelessness.

20 (xv) Older adults.

21 (xvi) Physical disabilities.

22 (xvii) Maternal and child health.

23 (xviii) Medicaid managed care organizations.

24 (xix) Healthcare delivery.

25 (xx) Health insurance.

26 (2) Members shall serve without compensation for the

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1 duration of the Task Force.

2 (3) In the event of a vacancy, the appointment to fill the

3 vacancy shall be made in the same manner as the original

4 appointment.

5 (4) The Task Force shall convene within 60 days after the

6 effective date of this Act. The initial meeting of the Task

7 Force shall be convened by the co-chair selected by the

8 Governor. Subsequent meetings shall convene at the call of the

9 co-chairs. The Task Force shall meet on a quarterly basis, or

10 more often if necessary.

11 (5) The Department of Human Services shall provide

12 administrative support to the Task Force.

13 Section 125-25. Report. The Task Force shall report to the

14 Governor and the General Assembly on the Task Force's progress

15 toward its goals and objectives by June 30, 2021, and every

16 June 30 thereafter.

17 Section 125-30. Transparency. In addition to whatever

18 policies or procedures it may adopt, all operations of the Task

19 Force shall be subject to the provisions of the Freedom of

20 Information Act and the Open Meetings Act. This Section shall

21 not be construed so as to preclude other State laws from

22 applying to the Task Force and its activities.

23 Section 125-40. Repeal. This Article is repealed June 30,

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1 2023.

2 Article 130.

3 Section 130-1. Short title. This Article may be cited as

4 the Anti-Racism Commission Act. References in this Article to

5 "this Act" mean this Article.

6 Section 130-5. Findings. The General Assembly finds and

7 declares all of the following:

8 (1) Public health is the science and art of preventing

9 disease, of protecting and improving the health of people,

10 entire populations, and their communities; this work is

11 achieved by promoting healthy lifestyles and choices,

12 researching disease, and preventing injury.

13 (2) Public health professionals try to prevent

14 problems from happening or recurring through implementing

15 educational programs, recommending policies, administering

16 services, and limiting health disparities through the

17 promotion of equitable and accessible healthcare.

18 (3) According to the Centers for Disease Control and

19 Prevention, racism and segregation in the State of Illinois

20 have exacerbated a health divide, resulting in Black

21 residents having lower life expectancies than white

22 citizens of this State and being far more likely than other

23 races to die prematurely (before the age of 75) and to die

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1 of heart disease or stroke; Black residents of Illinois

2 have a higher level of infant mortality, lower birth weight

3 babies, and are more likely to be overweight or obese as

4 adults, have adult diabetes, and have long-term

5 complications from diabetes that exacerbate other

6 conditions, including the susceptibility to COVID-19.

7 (4) Black and Brown people are more likely to

8 experience poor health outcomes as a consequence of their

9 social determinants of health, health inequities stemming

10 from economic instability, education, physical

11 environment, food, and access to health care systems.

12 (5) Black residents in Illinois are more likely than

13 white residents to experience violence-related trauma as a

14 result of socioeconomic conditions resulting from systemic

15 racism.

16 (6) Racism is a social system with multiple dimensions

17 in which individual racism is internalized or

18 interpersonal and systemic racism is institutional or

19 structural and is a system of structuring opportunity and

20 assigning value based on the social interpretation of how

21 one looks; this unfairly disadvantages specific

22 individuals and communities, while unfairly giving

23 advantages to other individuals and communities; it saps

24 the strength of the whole society through the waste of

25 human resources.

26 (7) Racism causes persistent racial discrimination

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1 that influences many areas of life, including housing,

2 education, employment, and criminal justice; an emerging

3 body of research demonstrates that racism itself is a

4 social determinant of health.

5 (8) More than 100 studies have linked racism to worse

6 health outcomes.

7 (9) The American Public Health Association launched a

8 National Campaign against Racism.

9 (10) Public health's responsibilities to address

10 racism include reshaping our discourse and agenda so that

11 we all actively engage in racial justice work.

12 Section 130-10. Anti-Racism Commission.

13 (a) The Anti-Racism Commission is hereby created to

14 identify and propose statewide policies to eliminate systemic

15 racism and advance equitable solutions for Black and Brown

16 people in Illinois.

17 (b) The Anti-Racism Commission shall consist of the

18 following members, who shall serve without compensation:

19 (1) one member of the House of Representatives,

20 appointed by the Speaker of the House of Representatives,

21 who shall serve as co-chair;

22 (2) one member of the Senate, appointed by the Senate

23 President, who shall serve as co-chair;

24 (3) one member of the House of Representatives,

25 appointed by the Minority Leader of the House of

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1 Representatives;

2 (4) one member of the Senate, appointed by the Minority

3 Leader of the Senate;

4 (5) the Director of Public Health, or his or her

5 designee;

6 (6) the Chair of the House Black Caucus;

7 (7) the Chair of the Senate Black Caucus;

8 (8) the Chair of the Joint Legislative Black Caucus;

9 (9) the director of a statewide association

10 representing public health departments, appointed by the

11 Speaker of the House of Representatives;

12 (10) the Chair of the House Latino Caucus;

13 (11) the Chair of the Senate Latino Caucus;

14 (12) one community member appointed by the House Black

15 Caucus Chair;

16 (13) one community member appointed by the Senate Black

17 Caucus Chair;

18 (14) one community member appointed by the House Latino

19 Caucus Chair; and

20 (15) one community member appointed by the Senate

21 Latino Caucus Chair.

22 (c) The Department of Public Health shall provide

23 administrative support for the Commission.

24 (d) The Commission is charged with, but not limited to, the

25 following tasks:

26 (1) Working to create an equity and justice-oriented

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1 State government.

2 (2) Assessing the policy and procedures of all State

3 agencies to ensure racial equity is a core element of State

4 government.

5 (3) Developing and incorporating into the

6 organizational structure of State government a plan for

7 educational efforts to understand, address, and dismantle

8 systemic racism in government actions.

9 (4) Recommending and advocating for policies that

10 improve health in Black and Brown people and support local,

11 State, regional, and federal initiatives that advance

12 efforts to dismantle systemic racism.

13 (5) Working to build alliances and partnerships with

14 organizations that are confronting racism and encouraging

15 other local, State, regional, and national entities to

16 recognize racism as a public health crisis.

17 (6) Promoting community engagement, actively engaging

18 citizens on issues of racism and assisting in providing

19 tools to engage actively and authentically with Black and

20 Brown people.

21 (7) Reviewing all portions of codified State laws

22 through the lens of racial equity.

23 (8) Working with the Department of Central Management

24 Services to update policies that encourage diversity in

25 human resources, including hiring, board appointments, and

26 vendor selection by agencies, and to review all grant

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1 management activities with an eye toward equity and

2 workforce development.

3 (9) Recommending policies that promote racially

4 equitable economic and workforce development practices.

5 (10) Promoting and supporting all policies that

6 prioritize the health of all people, especially people of

7 color, by mitigating exposure to adverse childhood

8 experiences and trauma in childhood and ensuring

9 implementation of health and equity in all policies.

10 (11) Encouraging community partners and stakeholders

11 in the education, employment, housing, criminal justice,

12 and safety arenas to recognize racism as a public health

13 crisis and to implement policy recommendations.

14 (12) Identifying clear goals and objectives, including

15 specific benchmarks, to assess progress.

16 (13) Holding public hearings across Illinois to

17 continue to explore and to recommend needed action by the

18 General Assembly.

19 (14) Working with the Governor and the General Assembly

20 to identify the necessary funds to support the Anti-Racism

21 Commission and its endeavors.

22 (15) Identifying resources to allocate to Black and

23 Brown communities on an annual basis.

24 (16) Encouraging corporate investment in anti-racism

25 policies in Black and Brown communities.

26 (e) The Commission shall submit its final report to the

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1 Governor and the General Assembly no later than December 31,

2 2021. The Commission is dissolved upon the filing of its

3 report.

4 Section 130-15. Repeal. This Article is repealed on January

5 1, 2023.

6 Article 131.

7 Section 131-1. Short title. This Article may be cited as

8 the Sickle Cell Prevention, Care, and Treatment Program Act.

9 References in this Article to "this Act" mean this Article.

10 Section 131-5. Definitions. As used in this Act:

11 "Department" means the Department of Public Health.

12 "Program" means the Sickle Cell Prevention, Care, and

13 Treatment Program.

14 Section 131-10. Sickle Cell Prevention, Care, and

15 Treatment Program. The Department shall establish a grant

16 program for the purpose of providing for the prevention, care,

17 and treatment of sickle cell disease and for educational

18 programs concerning the disease.

19 Section 131-15. Grants; eligibility standards.

20 (a) The Department shall do the following:

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1 (1)(A) Develop application criteria and standards of

2 eligibility for groups or organizations who apply for funds

3 under the program.

4 (B) Make available grants to groups and organizations

5 who meet the eligibility standards set by the Department.

6 However:

7 (i) the highest priority for grants shall be

8 accorded to established sickle cell disease

9 community-based organizations throughout Illinois; and

10 (ii) priority shall also be given to ensuring the

11 establishment of sickle cell disease centers in

12 underserved areas that have a higher population of

13 sickle cell disease patients.

14 (2) Determine the maximum amount available for each

15 grant provided under subparagraph (B) of paragraph (1).

16 (3) Determine policies for the expiration and renewal

17 of grants provided under subparagraph (B) of paragraph (1).

18 (4) Require that all grant funds be used for the

19 purpose of prevention, care, and treatment of sickle cell

20 disease or for educational programs concerning the

21 disease. Grant funds shall be used for one or more of the

22 following purposes:

23 (A) Assisting in the development and expansion of

24 care for the treatment of individuals with sickle cell

25 disease, particularly for adults, including the

26 following types of care:

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1 (i) Self-administered care.

2 (ii) Preventive care.

3 (iii) Home care.

4 (iv) Other evidence-based medical procedures

5 and techniques designed to provide maximum control

6 over sickling episodes typical of occurring to an

7 individual with the disease.

8 (B) Increasing access to health care for

9 individuals with sickle cell disease.

10 (C) Establishing additional sickle cell disease

11 infusion centers.

12 (D) Increasing access to mental health resources

13 and pain management therapies for individuals with

14 sickle cell disease.

15 (E) Providing counseling to any individual, at no

16 cost, concerning sickle cell disease and sickle cell

17 trait, and the characteristics, symptoms, and

18 treatment of the disease.

19 (i) The counseling described in this

20 subparagraph (E) may consist of any of the

21 following:

22 (I) Genetic counseling for an individual

23 who tests positive for the sickle cell trait.

24 (II) Psychosocial counseling for an

25 individual who tests positive for sickle cell

26 disease, including any of the following:

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1 (aa) Social service counseling.

2 (bb) Psychological counseling.

3 (cc) Psychiatric counseling.

4 (5) Develop a sickle cell disease educational outreach

5 program that includes the dissemination of educational

6 materials to the following concerning sickle cell disease

7 and sickle cell trait:

8 (A) Medical residents.

9 (B) Immigrants.

10 (C) Schools and universities.

11 (6) Adopt any rules necessary to implement the

12 provisions of this Act.

13 (b) The Department may contract with an entity to implement

14 the sickle cell disease educational outreach program described

15 in paragraph (5) of subsection (a).

16 Section 131-20. Sickle Cell Chronic Disease Fund.

17 (a) The Sickle Cell Chronic Disease Fund is created as a

18 special fund in the State treasury for the purpose of carrying

19 out the provisions of this Act and for no other purpose. The

20 Fund shall be administered by the Department.

21 (b) The Fund shall consist of:

22 (1) Any moneys appropriated to the Department for the

23 Sickle Cell Prevention, Care, and Treatment Program.

24 (2) Gifts, bequests, and other sources of funding.

25 (3) All interest earned on moneys in the Fund.

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1 Section 131-25. Study.

2 (a) Before July 1, 2022, and on a biennial basis

3 thereafter, the Department, with the assistance of:

4 (1) the Center for Minority Health Services;

5 (2) health care providers that treat individuals with

6 sickle cell disease;

7 (3) individuals diagnosed with sickle cell disease;

8 (4) representatives of community-based organizations

9 that serve individuals with sickle cell disease; and

10 (5) data collected via newborn screening for sickle

11 cell disease;

12 shall perform a study to determine the prevalence, impact, and

13 needs of individuals with sickle cell disease and the sickle

14 cell trait in Illinois.

15 (b) The study must include the following:

16 (1) The prevalence, by geographic location, of

17 individuals diagnosed with sickle cell disease in

18 Illinois.

19 (2) The prevalence, by geographic location, of

20 individuals diagnosed as sickle cell trait carriers in

21 Illinois.

22 (3) The availability and affordability of screening

23 services in Illinois for the sickle cell trait.

24 (4) The location and capacity of the following for the

25 treatment of sickle cell disease and sickle cell trait

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1 carriers:

2 (A) Treatment centers.

3 (B) Clinics.

4 (C) Community-based social service organizations.

5 (D) Medical specialists.

6 (5) The unmet medical, psychological, and social needs

7 encountered by individuals in Illinois with sickle cell

8 disease.

9 (6) The underserved areas of Illinois for the treatment

10 of sickle cell disease.

11 (7) Recommendations for actions to address any

12 shortcomings in the State identified under this Section.

13 (c) The Department shall submit a report on the study

14 performed under this Section to the General Assembly.

15 Section 131-30. Implementation subject to appropriation.

16 Implementation of this Act is subject to appropriation.

17 Section 131-90. The State Finance Act is amended by adding

18 Section 5.936 as follows:

19 (30 ILCS 105/5.936 new)

20 Sec. 5.936. The Sickle Cell Chronic Disease Fund.

21 Title VII. Hospital Closure

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1 Article 135.

2 Section 135-5. The Illinois Health Facilities Planning Act

3 is amended by changing Sections 4 and 5.4 and by adding Section

4 5.5 as follows:

5 (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)

6 (Section scheduled to be repealed on December 31, 2029)

7 Sec. 4. Health Facilities and Services Review Board;

8 membership; appointment; term; compensation; quorum.

9 (a) There is created the Health Facilities and Services

10 Review Board, which shall perform the functions described in

11 this Act. The Department shall provide operational support to

12 the Board as necessary, including the provision of office

13 space, supplies, and clerical, financial, and accounting

14 services. The Board may contract for functions or operational

15 support as needed. The Board may also contract with experts

16 related to specific health services or facilities and create

17 technical advisory panels to assist in the development of

18 criteria, standards, and procedures used in the evaluation of

19 applications for permit and exemption.

20 (b) The State Board shall consist of 10 ~~9~~ voting members.

21 All members shall be residents of Illinois and at least 4 shall

22 reside outside the Chicago Metropolitan Statistical Area.

23 Consideration shall be given to potential appointees who

24 reflect the ethnic and cultural diversity of the State. Neither

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1 Board members nor Board staff shall be convicted felons or have

2 pled guilty to a felony.

3 Each member shall have a reasonable knowledge of the

4 practice, procedures and principles of the health care delivery

5 system in Illinois, including at least 5 members who shall be

6 knowledgeable about health care delivery systems, health

7 systems planning, finance, or the management of health care

8 facilities currently regulated under the Act. One member shall

9 be a representative of a non-profit health care consumer

10 advocacy organization. One member shall be a representative

11 from the community with experience on the effects of

12 discontinuing health care services or the closure of health

13 care facilities on the surrounding community; provided,

14 however, that all other members of the Board shall be appointed

15 before this member shall be appointed. A spouse, parent,

16 sibling, or child of a Board member cannot be an employee,

17 agent, or under contract with services or facilities subject to

18 the Act. Prior to appointment and in the course of service on

19 the Board, members of the Board shall disclose the employment

20 or other financial interest of any other relative of the

21 member, if known, in service or facilities subject to the Act.

22 Members of the Board shall declare any conflict of interest

23 that may exist with respect to the status of those relatives

24 and recuse themselves from voting on any issue for which a

25 conflict of interest is declared. No person shall be appointed

26 or continue to serve as a member of the State Board who is, or

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1 whose spouse, parent, sibling, or child is, a member of the

2 Board of Directors of, has a financial interest in, or has a

3 business relationship with a health care facility.

4 Notwithstanding any provision of this Section to the

5 contrary, the term of office of each member of the State Board

6 serving on the day before the effective date of this amendatory

7 Act of the 96th General Assembly is abolished on the date upon

8 which members of the ~~9-member~~ Board, as established by this

9 amendatory Act of the 96th General Assembly, have been

10 appointed and can begin to take action as a Board.

11 (c) The State Board shall be appointed by the Governor,

12 with the advice and consent of the Senate. Not more than6 ~~5~~ of

13 the appointments shall be of the same political party at the

14 time of the appointment.

15 The Secretary of Human Services, the Director of Healthcare

16 and Family Services, and the Director of Public Health, or

17 their designated representatives, shall serve as ex-officio,

18 non-voting members of the State Board.

19 (d) Of those ~~9~~ members initially appointed by the Governor

20 following the effective date of this amendatory Act of the 96th

21 General Assembly, 3 shall serve for terms expiring July 1,

22 2011, 3 shall serve for terms expiring July 1, 2012, and 3

23 shall serve for terms expiring July 1, 2013. Thereafter, each

24 appointed member shall hold office for a term of 3 years,

25 provided that any member appointed to fill a vacancy occurring

26 prior to the expiration of the term for which his or her

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1 predecessor was appointed shall be appointed for the remainder

2 of such term and the term of office of each successor shall

3 commence on July 1 of the year in which his predecessor's term

4 expires. Each member shall hold office until his or her

5 successor is appointed and qualified. The Governor may

6 reappoint a member for additional terms, but no member shall

7 serve more than 3 terms, subject to review and re-approval

8 every 3 years.

9 (e) State Board members, while serving on business of the

10 State Board, shall receive actual and necessary travel and

11 subsistence expenses while so serving away from their places of

12 residence. Until March 1, 2010, a member of the State Board who

13 experiences a significant financial hardship due to the loss of

14 income on days of attendance at meetings or while otherwise

15 engaged in the business of the State Board may be paid a

16 hardship allowance, as determined by and subject to the

17 approval of the Governor's Travel Control Board.

18 (f) The Governor shall designate one of the members to

19 serve as the Chairman of the Board, who shall be a person with

20 expertise in health care delivery system planning, finance or

21 management of health care facilities that are regulated under

22 the Act. The Chairman shall annually review Board member

23 performance and shall report the attendance record of each

24 Board member to the General Assembly.

25 (g) The State Board, through the Chairman, shall prepare a

26 separate and distinct budget approved by the General Assembly

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1 and shall hire and supervise its own professional staff

2 responsible for carrying out the responsibilities of the Board.

3 (h) The State Board shall meet at least every 45 days, or

4 as often as the Chairman of the State Board deems necessary, or

5 upon the request of a majority of the members.

6 (i) Six~~Five~~ members of the State Board shall constitute a

7 quorum. The affirmative vote of6 ~~5~~ of the members of the State

8 Board shall be necessary for any action requiring a vote to be

9 taken by the State Board. A vacancy in the membership of the

10 State Board shall not impair the right of a quorum to exercise

11 all the rights and perform all the duties of the State Board as

12 provided by this Act.

13 (j) A State Board member shall disqualify himself or

14 herself from the consideration of any application for a permit

15 or exemption in which the State Board member or the State Board

16 member's spouse, parent, sibling, or child: (i) has an economic

17 interest in the matter; or (ii) is employed by, serves as a

18 consultant for, or is a member of the governing board of the

19 applicant or a party opposing the application.

20 (k) The Chairman, Board members, and Board staff must

21 comply with the Illinois Governmental Ethics Act.

22 (Source: P.A. 99-527, eff. 1-1-17; 100-681, eff. 8-3-18.)

23 (20 ILCS 3960/5.4)

24 (Section scheduled to be repealed on December 31, 2029)

25 Sec. 5.4. Safety Net Impact Statement.

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1 (a) General review criteria shall include a requirement

2 that all health care facilities, with the exception of skilled

3 and intermediate long-term care facilities licensed under the

4 Nursing Home Care Act, provide a Safety Net Impact Statement,

5 which shall be filed with an application for a substantive

6 project or when the application proposes to discontinue a

7 category of service.

8 (b) For the purposes of this Section, "safety net services"

9 are services provided by health care providers or organizations

10 that deliver health care services to persons with barriers to

11 mainstream health care due to lack of insurance, inability to

12 pay, special needs, ethnic or cultural characteristics, or

13 geographic isolation. Safety net service providers include,

14 but are not limited to, hospitals and private practice

15 physicians that provide charity care, school-based health

16 centers, migrant health clinics, rural health clinics,

17 federally qualified health centers, community health centers,

18 public health departments, and community mental health

19 centers.

20 (c) As developed by the applicant, a Safety Net Impact

21 Statement shall describe all of the following:

22 (1) The project's material impact, if any, on essential

23 safety net services in the community, including the impact

24 on racial and health care disparities in the community, to

25 the extent that it is feasible for an applicant to have

26 such knowledge.

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1 (2) The project's impact on the ability of another

2 provider or health care system to cross-subsidize safety

3 net services, if reasonably known to the applicant.

4 (3) How the discontinuation of a facility or service

5 might impact the remaining safety net providers in a given

6 community, if reasonably known by the applicant.

7 (d) Safety Net Impact Statements shall also include all of

8 the following:

9 (1) For the 3 fiscal years prior to the application, a

10 certification describing the amount of charity care

11 provided by the applicant. The amount calculated by

12 hospital applicants shall be in accordance with the

13 reporting requirements for charity care reporting in the

14 Illinois Community Benefits Act. Non-hospital applicants

15 shall report charity care, at cost, in accordance with an

16 appropriate methodology specified by the Board.

17 (2) For the 3 fiscal years prior to the application, a

18 certification of the amount of care provided to Medicaid

19 patients. Hospital and non-hospital applicants shall

20 provide Medicaid information in a manner consistent with

21 the information reported each year to the State Board

22 regarding "Inpatients and Outpatients Served by Payor

23 Source" and "Inpatient and Outpatient Net Revenue by Payor

24 Source" as required by the Board under Section 13 of this

25 Act and published in the Annual Hospital Profile.

26 (3) Any information the applicant believes is directly

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1 relevant to safety net services, including information

2 regarding teaching, research, and any other service.

3 (e) The Board staff shall publish a notice, that an

4 application accompanied by a Safety Net Impact Statement has

5 been filed, in a newspaper having general circulation within

6 the area affected by the application. If no newspaper has a

7 general circulation within the county, the Board shall post the

8 notice in 5 conspicuous places within the proposed area.

9 (f) Any person, community organization, provider, or

10 health system or other entity wishing to comment upon or oppose

11 the application may file a Safety Net Impact Statement Response

12 with the Board, which shall provide additional information

13 concerning a project's impact on safety net services in the

14 community.

15 (g) Applicants shall be provided an opportunity to submit a

16 reply to any Safety Net Impact Statement Response.

17 (h) The State Board Staff Report shall include a statement

18 as to whether a Safety Net Impact Statement was filed by the

19 applicant and whether it included information on charity care,

20 the amount of care provided to Medicaid patients, and

21 information on teaching, research, or any other service

22 provided by the applicant directly relevant to safety net

23 services. The report shall also indicate the names of the

24 parties submitting responses and the number of responses and

25 replies, if any, that were filed.

26 (Source: P.A. 100-518, eff. 6-1-18.)

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1 (20 ILCS 3960/5.5 new)

2 Sec. 5.5. Moratorium on hospital closures.

3 (a) Notwithstanding any law or rule to the contrary, due to

4 the COVID-19 pandemic, the State shall institute a moratorium

5 on the closure of hospitals until December 31, 2023. As such,

6 no hospital shall close or reduce capacity below the hospital's

7 capacity as of January 1, 2020 before the end of such

8 moratorium.

9 (b) This Section is repealed on January 1, 2024.

10 Title VIII. Managed Care Organization Reform

11 Article 150.

12 Section 150-5. The Illinois Public Aid Code is amended by

13 changing Section 5-30.1 as follows:

14 (305 ILCS 5/5-30.1)

15 Sec. 5-30.1. Managed care protections.

16 (a) As used in this Section:

17 "Managed care organization" or "MCO" means any entity which

18 contracts with the Department to provide services where payment

19 for medical services is made on a capitated basis.

20 "Emergency services" include:

21 (1) emergency services, as defined by Section 10 of the

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1 Managed Care Reform and Patient Rights Act;

2 (2) emergency medical screening examinations, as

3 defined by Section 10 of the Managed Care Reform and

4 Patient Rights Act;

5 (3) post-stabilization medical services, as defined by

6 Section 10 of the Managed Care Reform and Patient Rights

7 Act; and

8 (4) emergency medical conditions, as defined by

9 Section 10 of the Managed Care Reform and Patient Rights

10 Act.

11 (b) As provided by Section 5-16.12, managed care

12 organizations are subject to the provisions of the Managed Care

13 Reform and Patient Rights Act.

14 (c) An MCO shall pay any provider of emergency services

15 that does not have in effect a contract with the contracted

16 Medicaid MCO. The default rate of reimbursement shall be the

17 rate paid under Illinois Medicaid fee-for-service program

18 methodology, including all policy adjusters, including but not

19 limited to Medicaid High Volume Adjustments, Medicaid

20 Percentage Adjustments, Outpatient High Volume Adjustments,

21 and all outlier add-on adjustments to the extent such

22 adjustments are incorporated in the development of the

23 applicable MCO capitated rates.

24 (d) An MCO shall pay for all post-stabilization services as

25 a covered service in any of the following situations:

26 (1) the MCO authorized such services;

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1 (2) such services were administered to maintain the

2 enrollee's stabilized condition within one hour after a

3 request to the MCO for authorization of further

4 post-stabilization services;

5 (3) the MCO did not respond to a request to authorize

6 such services within one hour;

7 (4) the MCO could not be contacted; or

8 (5) the MCO and the treating provider, if the treating

9 provider is a non-affiliated provider, could not reach an

10 agreement concerning the enrollee's care and an affiliated

11 provider was unavailable for a consultation, in which case

12 the MCO must pay for such services rendered by the treating

13 non-affiliated provider until an affiliated provider was

14 reached and either concurred with the treating

15 non-affiliated provider's plan of care or assumed

16 responsibility for the enrollee's care. Such payment shall

17 be made at the default rate of reimbursement paid under

18 Illinois Medicaid fee-for-service program methodology,

19 including all policy adjusters, including but not limited

20 to Medicaid High Volume Adjustments, Medicaid Percentage

21 Adjustments, Outpatient High Volume Adjustments and all

22 outlier add-on adjustments to the extent that such

23 adjustments are incorporated in the development of the

24 applicable MCO capitated rates.

25 (e) The following requirements apply to MCOs in determining

26 payment for all emergency services:

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1 (1) MCOs shall not impose any requirements for prior

2 approval of emergency services.

3 (2) The MCO shall cover emergency services provided to

4 enrollees who are temporarily away from their residence and

5 outside the contracting area to the extent that the

6 enrollees would be entitled to the emergency services if

7 they still were within the contracting area.

8 (3) The MCO shall have no obligation to cover medical

9 services provided on an emergency basis that are not

10 covered services under the contract.

11 (4) The MCO shall not condition coverage for emergency

12 services on the treating provider notifying the MCO of the

13 enrollee's screening and treatment within 10 days after

14 presentation for emergency services.

15 (5) The determination of the attending emergency

16 physician, or the provider actually treating the enrollee,

17 of whether an enrollee is sufficiently stabilized for

18 discharge or transfer to another facility, shall be binding

19 on the MCO. The MCO shall cover emergency services for all

20 enrollees whether the emergency services are provided by an

21 affiliated or non-affiliated provider.

22 (6) The MCO's financial responsibility for

23 post-stabilization care services it has not pre-approved

24 ends when:

25 (A) a plan physician with privileges at the

26 treating hospital assumes responsibility for the

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1 enrollee's care;

2 (B) a plan physician assumes responsibility for

3 the enrollee's care through transfer;

4 (C) a contracting entity representative and the

5 treating physician reach an agreement concerning the

6 enrollee's care; or

7 (D) the enrollee is discharged.

8 (f) Network adequacy and transparency.

9 (1) The Department shall:

10 (A) ensure that an adequate provider network is in

11 place, taking into consideration health professional

12 shortage areas and medically underserved areas;

13 (B) publicly release an explanation of its process

14 for analyzing network adequacy;

15 (C) periodically ensure that an MCO continues to

16 have an adequate network in place; ~~and~~

17 (D) require MCOs, including Medicaid Managed Care

18 Entities as defined in Section 5-30.2, to meet provider

19 directory requirements under Section 5-30.3; and ~~.~~

20 (E) require MCOs to ensure that any provider under

21 contract with an MCO on the date of service is paid for

22 any medically necessary service rendered to any of the

23 MCO's enrollees, regardless of inclusion on the MCO's

24 published and publicly available roster of available

25 providers.

26 (2) Each MCO shall confirm its receipt of information

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1 submitted specific to physician or dentist additions or

2 physician or dentist deletions from the MCO's provider

3 network within 3 days after receiving all required

4 information from contracted physicians or dentists, and

5 electronic physician and dental directories must be

6 updated consistent with current rules as published by the

7 Centers for Medicare and Medicaid Services or its successor

8 agency.

9 (g) Timely payment of claims.

10 (1) The MCO shall pay a claim within 30 days of

11 receiving a claim that contains all the essential

12 information needed to adjudicate the claim.

13 (2) The MCO shall notify the billing party of its

14 inability to adjudicate a claim within 30 days of receiving

15 that claim.

16 (3) The MCO shall pay a penalty that is at least equal

17 to the timely payment interest penalty imposed under

18 Section 368a of the Illinois Insurance Code for any claims

19 not timely paid.

20 (A) When an MCO is required to pay a timely payment

21 interest penalty to a provider, the MCO must calculate

22 and pay the timely payment interest penalty that is due

23 to the provider within 30 days after the payment of the

24 claim. In no event shall a provider be required to

25 request or apply for payment of any owed timely payment

26 interest penalties.

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1 (B) Such payments shall be reported separately

2 from the claim payment for services rendered to the

3 MCO's enrollee and clearly identified as interest

4 payments.

5 (4)(A) The Department shall require MCOs to expedite

6 payments to providers identified on the Department's

7 expedited provider list, determined in accordance with 89

8 Ill. Adm. Code 140.71(b), on a schedule at least as

9 frequently as the providers are paid under the Department's

10 fee-for-service expedited provider schedule.

11 (B) Compliance with the expedited provider

12 requirement may be satisfied by an MCO through the use

13 of a Periodic Interim Payment (PIP) program that has

14 been mutually agreed to and documented between the MCO

15 and the provider, if ~~and~~ the PIP program ensures that

16 any expedited provider receives regular and periodic

17 payments based on prior period payment experience from

18 that MCO. Total payments under the PIP program may be

19 reconciled against future PIP payments on a schedule

20 mutually agreed to between the MCO and the provider.

21 (C) The Department shall share at least monthly its

22 expedited provider list and the frequency with which it

23 pays providers on the expedited list.

24 (g-5) Recognizing that the rapid transformation of the

25 Illinois Medicaid program may have unintended operational

26 challenges for both payers and providers:

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1 (1) in no instance shall a medically necessary covered

2 service rendered in good faith, based upon eligibility

3 information documented by the provider, be denied coverage

4 or diminished in payment amount if the eligibility or

5 coverage information available at the time the service was

6 rendered is later found to be inaccurate in the assignment

7 of coverage responsibility between MCOs or the

8 fee-for-service system, except for instances when an

9 individual is deemed to have not been eligible for coverage

10 under the Illinois Medicaid program; and

11 (2) the Department shall, by December 31, 2016, adopt

12 rules establishing policies that shall be included in the

13 Medicaid managed care policy and procedures manual

14 addressing payment resolutions in situations in which a

15 provider renders services based upon information obtained

16 after verifying a patient's eligibility and coverage plan

17 through either the Department's current enrollment system

18 or a system operated by the coverage plan identified by the

19 patient presenting for services:

20 (A) such medically necessary covered services

21 shall be considered rendered in good faith;

22 (B) such policies and procedures shall be

23 developed in consultation with industry

24 representatives of the Medicaid managed care health

25 plans and representatives of provider associations

26 representing the majority of providers within the

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1 identified provider industry; and

2 (C) such rules shall be published for a review and

3 comment period of no less than 30 days on the

4 Department's website with final rules remaining

5 available on the Department's website.

6 The rules on payment resolutions shall include, but not be

7 limited to:

8 (A) the extension of the timely filing period;

9 (B) retroactive prior authorizations; and

10 (C) guaranteed minimum payment rate of no less than the

11 current, as of the date of service, fee-for-service rate,

12 plus all applicable add-ons, when the resulting service

13 relationship is out of network.

14 The rules shall be applicable for both MCO coverage and

15 fee-for-service coverage.

16 If the fee-for-service system is ultimately determined to

17 have been responsible for coverage on the date of service, the

18 Department shall provide for an extended period for claims

19 submission outside the standard timely filing requirements.

20 (g-6) MCO Performance Metrics Report.

21 (1) The Department shall publish, on at least a

22 quarterly basis, each MCO's operational performance,

23 including, but not limited to, the following categories of

24 metrics:

25 (A) claims payment, including timeliness and

26 accuracy;

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1 (B) prior authorizations;

2 (C) grievance and appeals;

3 (D) utilization statistics;

4 (E) provider disputes;

5 (F) provider credentialing; and

6 (G) member and provider customer service.

7 (2) The Department shall ensure that the metrics report

8 is accessible to providers online by January 1, 2017.

9 (3) The metrics shall be developed in consultation with

10 industry representatives of the Medicaid managed care

11 health plans and representatives of associations

12 representing the majority of providers within the

13 identified industry.

14 (4) Metrics shall be defined and incorporated into the

15 applicable Managed Care Policy Manual issued by the

16 Department.

17 (g-7) MCO claims processing and performance analysis. In

18 order to monitor MCO payments to hospital providers, pursuant

19 to this amendatory Act of the 100th General Assembly, the

20 Department shall post an analysis of MCO claims processing and

21 payment performance on its website every 6 months. Such

22 analysis shall include a review and evaluation of a

23 representative sample of hospital claims that are rejected and

24 denied for clean and unclean claims and the top 5 reasons for

25 such actions and timeliness of claims adjudication, which

26 identifies the percentage of claims adjudicated within 30, 60,

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1 90, and over 90 days, and the dollar amounts associated with

2 those claims. The Department shall post the contracted claims

3 report required by HealthChoice Illinois on its website every 3

4 months.

5 (g-8) Dispute resolution process. The Department shall

6 maintain a provider complaint portal through which a provider

7 can submit to the Department unresolved disputes with an MCO.

8 An unresolved dispute means an MCO's decision that denies in

9 whole or in part a claim for reimbursement to a provider for

10 health care services rendered by the provider to an enrollee of

11 the MCO with which the provider disagrees. Disputes shall not

12 be submitted to the portal until the provider has availed

13 itself of the MCO's internal dispute resolution process.

14 Disputes that are submitted to the MCO internal dispute

15 resolution process may be submitted to the Department of

16 Healthcare and Family Services' complaint portal no sooner than

17 30 days after submitting to the MCO's internal process and not

18 later than 30 days after the unsatisfactory resolution of the

19 internal MCO process or 60 days after submitting the dispute to

20 the MCO internal process. Multiple claim disputes involving the

21 same MCO may be submitted in one complaint, regardless of

22 whether the claims are for different enrollees, when the

23 specific reason for non-payment of the claims involves a common

24 question of fact or policy. Within 10 business days of receipt

25 of a complaint, the Department shall present such disputes to

26 the appropriate MCO, which shall then have 30 days to issue its

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1 written proposal to resolve the dispute. The Department may

2 grant one 30-day extension of this time frame to one of the

3 parties to resolve the dispute. If the dispute remains

4 unresolved at the end of this time frame or the provider is not

5 satisfied with the MCO's written proposal to resolve the

6 dispute, the provider may, within 30 days, request the

7 Department to review the dispute and make a final

8 determination. Within 30 days of the request for Department

9 review of the dispute, both the provider and the MCO shall

10 present all relevant information to the Department for

11 resolution and make individuals with knowledge of the issues

12 available to the Department for further inquiry if needed.

13 Within 30 days of receiving the relevant information on the

14 dispute, or the lapse of the period for submitting such

15 information, the Department shall issue a written decision on

16 the dispute based on contractual terms between the provider and

17 the MCO, contractual terms between the MCO and the Department

18 of Healthcare and Family Services and applicable Medicaid

19 policy. The decision of the Department shall be final. By

20 January 1, 2020, the Department shall establish by rule further

21 details of this dispute resolution process. Disputes between

22 MCOs and providers presented to the Department for resolution

23 are not contested cases, as defined in Section 1-30 of the

24 Illinois Administrative Procedure Act, conferring any right to

25 an administrative hearing.

26 (g-9)(1) The Department shall publish annually on its

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1 website a report on the calculation of each managed care

2 organization's medical loss ratio showing the following:

3 (A) Premium revenue, with appropriate adjustments.

4 (B) Benefit expense, setting forth the aggregate

5 amount spent for the following:

6 (i) Direct paid claims.

7 (ii) Subcapitation payments.

8 (iii) Other claim payments.

9 (iv) Direct reserves.

10 (v) Gross recoveries.

11 (vi) Expenses for activities that improve health

12 care quality as allowed by the Department.

13 (2) The medical loss ratio shall be calculated consistent

14 with federal law and regulation following a claims runout

15 period determined by the Department.

16 (g-10)(1) "Liability effective date" means the date on

17 which an MCO becomes responsible for payment for medically

18 necessary and covered services rendered by a provider to one of

19 its enrollees in accordance with the contract terms between the

20 MCO and the provider. The liability effective date shall be the

21 later of:

22 (A) The execution date of a network participation

23 contract agreement.

24 (B) The date the provider or its representative submits

25 to the MCO the complete and accurate standardized roster

26 form for the provider in the format approved by the

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1 Department.

2 (C) The provider effective date contained within the

3 Department's provider enrollment subsystem within the

4 Illinois Medicaid Program Advanced Cloud Technology

5 (IMPACT) System.

6 (2) The standardized roster form may be submitted to the

7 MCO at the same time that the provider submits an enrollment

8 application to the Department through IMPACT.

9 (3) By October 1, 2019, the Department shall require all

10 MCOs to update their provider directory with information for

11 new practitioners of existing contracted providers within 30

12 days of receipt of a complete and accurate standardized roster

13 template in the format approved by the Department provided that

14 the provider is effective in the Department's provider

15 enrollment subsystem within the IMPACT system. Such provider

16 directory shall be readily accessible for purposes of selecting

17 an approved health care provider and comply with all other

18 federal and State requirements.

19 (g-11) The Department shall work with relevant

20 stakeholders on the development of operational guidelines to

21 enhance and improve operational performance of Illinois'

22 Medicaid managed care program, including, but not limited to,

23 improving provider billing practices, reducing claim

24 rejections and inappropriate payment denials, and

25 standardizing processes, procedures, definitions, and response

26 timelines, with the goal of reducing provider and MCO

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1 administrative burdens and conflict. The Department shall

2 include a report on the progress of these program improvements

3 and other topics in its Fiscal Year 2020 annual report to the

4 General Assembly.

5 (g-12) Notwithstanding any other provision of law, if the

6 Department or an MCO requires submission of a claim for payment

7 in a non-electronic format, a provider shall always be afforded

8 a period of no less than 90 business days, as a correction

9 period, following any notification of rejection by either the

10 Department or the MCO to correct errors or omissions in the

11 original submission.

12 Under no circumstances, either by an MCO or under the

13 State's fee-for-service system, shall a provider be denied

14 payment for failure to comply with any timely submission

15 requirements under this Code or under any existing contract,

16 unless the non-electronic format claim submission occurs after

17 the initial 180 days following the latest date of service on

18 the claim, or after the 90 business days correction period

19 following notification to the provider of rejection or denial

20 of payment.

21 (h) The Department shall not expand mandatory MCO

22 enrollment into new counties beyond those counties already

23 designated by the Department as of June 1, 2014 for the

24 individuals whose eligibility for medical assistance is not the

25 seniors or people with disabilities population until the

26 Department provides an opportunity for accountable care

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1 entities and MCOs to participate in such newly designated

2 counties.

3 (i) The requirements of this Section apply to contracts

4 with accountable care entities and MCOs entered into, amended,

5 or renewed after June 16, 2014 (the effective date of Public

6 Act 98-651).

7 (j) Health care information released to managed care

8 organizations. A health care provider shall release to a

9 Medicaid managed care organization, upon request, and subject

10 to the Health Insurance Portability and Accountability Act of

11 1996 and any other law applicable to the release of health

12 information, the health care information of the MCO's enrollee,

13 if the enrollee has completed and signed a general release form

14 that grants to the health care provider permission to release

15 the recipient's health care information to the recipient's

16 insurance carrier.

17 (k) The Department of Healthcare and Family Services,

18 managed care organizations, a statewide organization

19 representing hospitals, and a statewide organization

20 representing safety-net hospitals shall explore ways to

21 support billing departments in safety-net hospitals.

22 (l) The requirements of this Section added by this

23 amendatory Act of the 101st General Assembly shall apply to

24 services provided on or after the first day of the month that

25 begins 60 days after the effective date of this amendatory Act

26 of the 101st General Assembly.

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1 (Source: P.A. 100-201, eff. 8-18-17; 100-580, eff. 3-12-18;

2 100-587, eff. 6-4-18; 101-209, eff. 8-5-19.)

3 Article 155.

4 Section 155-5. The Illinois Public Aid Code is amended by

5 adding Section 5-30.17 as follows:

6 (305 ILCS 5/5-30.17 new)

7 Sec. 5-30.17. Medicaid Managed Care Oversight Commission.

8 (a) The Medicaid Managed Care Oversight Commission is

9 created within the Department of Healthcare and Family Services

10 to evaluate the effectiveness of Illinois' managed care

11 program.

12 (b) The Commission shall consist of the following members:

13 (1) One member of the Senate, appointed by the Senate

14 President, who shall serve as co-chair.

15 (2) One member of the House of Representatives,

16 appointed by the Speaker of the House of Representatives,

17 who shall serve as co-chair.

18 (3) One member of the House of Representatives,

19 appointed by the Minority Leader of the House of

20 Representatives.

21 (4) One member of the Senate, appointed by the Senate

22 Minority Leader.

23 (5) One member representing the Department of

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1 Healthcare and Family Services, appointed by the Governor.

2 (6) One member representing the Department of Public

3 Health, appointed by the Governor.

4 (7) One member representing the Department of Human

5 Services, appointed by the Governor.

6 (8) One member representing the Department of Children

7 and Family Services, appointed by the Governor.

8 (9) One member of a statewide association representing

9 Medicaid managed care plans.

10 (10) One member of a statewide association

11 representing hospitals.

12 (11) Two academic experts on Medicaid managed care

13 programs.

14 (12) One member of a statewide association

15 representing primary care providers.

16 (13) One member of a statewide association

17 representing behavioral health providers.

18 (14) Members representing Federally Qualified Health

19 Centers, a long-term care association, pharmacies and

20 pharmacists, a developmental disability association, a

21 Medicaid consumer advocate, a Medicaid consumer, an

22 association representing physicians, a behavioral health

23 association, and an association representing

24 pediatricians.

25 (15) A member of a statewide association representing

26 only safety-net hospitals.

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1 The Commission has the discretion to determine other

2 membership.

3 (c) The Director of Healthcare and Family Services and

4 chief of staff, or their designees, shall serve as the

5 Commission's executive administrators in providing

6 administrative support, research support, and other

7 administrative tasks requested by the Commission's co-chairs.

8 Any expenses, including, but not limited to, travel and

9 housing, shall be paid for by the Department's existing budget.

10 (d) The members of the Commission shall receive no

11 compensation for their services as members of the Commission.

12 (e) The Commission shall meet quarterly beginning as soon

13 as is practicable after the effective date of this amendatory

14 Act of the 101st General Assembly.

15 (f) The Commission shall:

16 (1) review data on health outcomes of Medicaid managed

17 care members;

18 (2) review current care coordination and case

19 management efforts and make recommendations on expanding

20 care coordination to additional populations with a focus on

21 the social determinants of health;

22 (3) review and assess the appropriateness of metrics

23 used in the Pay-for-Performance programs;

24 (4) review the Department's prior authorization and

25 utilization management requirements and recommend

26 adaptations for the Medicaid population;

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1 (5) review managed care performance in meeting

2 diversity contracting goals and the use of funds dedicated

3 to meeting such goals, including, but not limited to,

4 contracting requirements set forth in the Business

5 Enterprise for Minorities, Women, and Persons with

6 Disabilities Act; recommend strategies to increase

7 compliance with diversity contracting goals in

8 collaboration with the Chief Procurement Officer for

9 General Services and the Business Enterprise Council for

10 Minorities, Women, and Persons with Disabilities; and

11 recoup any misappropriated funds for diversity

12 contracting;

13 (6) review data on the effectiveness of claims

14 processing to medical providers;

15 (7) review member access to health care services in the

16 Medicaid Program, including specialty care services;

17 (8) review value-based and other alternative payment

18 methodologies to make recommendations to enhance program

19 efficiency and improve health outcomes;

20 (9) review the compliance of all managed care entities

21 in State contracts and recommend reasonable financial

22 penalties for any noncompliance;

23 (10) produce an annual report detailing the

24 Commission's findings based upon its review of research

25 conducted under this Section, including specific

26 recommendations, if any, and any other information the

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1 Commission may deem proper in furtherance of its duties

2 under this Section;

3 (11) review provider availability and make

4 recommendations to increase providers where needed,

5 including reviewing the regulatory environment and making

6 recommendations for reforms;

7 (12) review capacity for culturally competent

8 services, including translation services among providers;

9 and

10 (13) review and recommend changes to the safety-net

11 hospital definition to create different classifications of

12 safety-net hospitals.

13 (f-5) The Department shall make available upon request the

14 analytics of Medicaid managed care clearinghouse data

15 regarding claims processing.

16 (g) The Department of Healthcare and Family Services shall

17 impose financial penalties on any managed care entity that is

18 found to not be in compliance with any provision of a State

19 contract. In addition to any financial penalties imposed under

20 this subsection, the Department shall recoup any

21 misappropriated funds identified by the Commission for the

22 purpose of meeting the Business Enterprise Program

23 requirements set forth in contracts with managed care entities.

24 Any financial penalty imposed or funds recouped in accordance

25 with this Section shall be deposited into the Managed Care

26 Oversight Fund.

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1 When recommending reasonable financial penalties upon a

2 finding of noncompliance under this subsection, the Commission

3 shall consider the scope and nature of the noncompliance and

4 whether or not it was intentional or unreasonable. In imposing

5 a financial penalty on any managed care entity that is found to

6 not be in compliance, the Department of Healthcare and Family

7 Services shall consider the recommendations of the Commission.

8 Upon conclusion by the Department of Healthcare and Family

9 Services that any managed care entity is not in compliance with

10 its contract with the State based on the findings of the

11 Commission, it shall issue the managed care entity a written

12 notification of noncompliance. The written notice shall

13 specify any financial penalty to be imposed and whether this

14 penalty is consistent with the recommendation of the

15 Commission. If the specified financial penalty differs from the

16 Commission's recommendation, the Department of Healthcare and

17 Family Services shall specify why the Department did not impose

18 the recommended penalty and how the Department arrived at its

19 determination of the reasonableness of the financial penalty

20 imposed.

21 Within 14 calendar days after receipt of the notification

22 of noncompliance, the managed care entity shall submit a

23 written response to the Department of Healthcare and Family

24 Services. The response shall indicate whether the managed care

25 entity: (i) disputes the determination of noncompliance,

26 including any facts or conduct to show compliance; (ii) agrees

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1 to the determination of noncompliance and any financial penalty

2 imposed; or (iii) agrees to the determination of noncompliance

3 but disputes the financial penalty imposed.

4 Failure to respond to the notification of noncompliance

5 shall be deemed acceptance of the Department of Healthcare and

6 Family Services' determination of noncompliance.

7 If a managed care entity disputes any part of the

8 Department of Healthcare and Family Services' determination of

9 noncompliance, within 30 calendar days of receipt of the

10 managed care entity's response the Department shall respond in

11 writing whether it (i) agrees to review its determination of

12 noncompliance or (ii) disagrees with the entity's disputation.

13 The Department of Healthcare and Family Services shall

14 issue a written notice to the Commission of the dispute and its

15 chosen response at the same time notice is made to the managed

16 care entity.

17 Nothing in this Section limits or alters a person or

18 entity's existing rights or protections under State or federal

19 law.

20 (h) A decision of the Department of Healthcare and Family

21 Services to impose a financial penalty on a managed care entity

22 for noncompliance under subsection (g) is subject to judicial

23 review under the Administrative Review Law.

24 (i) The Department shall issue quarterly reports to the

25 Governor and the General Assembly indicating: (i) the number of

26 determinations of noncompliance since the last quarter; (ii)

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1 the number of financial penalties imposed; and (iii) the

2 outcome or status of each determination.

3 (j) Beginning January 1, 2022, and for each year

4 thereafter, the Commission shall submit a report of its

5 findings and recommendations to the General Assembly. The

6 report to the General Assembly shall be filed with the Clerk of

7 the House of Representatives and the Secretary of the Senate in

8 electronic form only, in the manner that the Clerk and the

9 Secretary shall direct.

10 Article 160.

11 Section 160-5. The State Finance Act is amended by adding

12 Sections 5.935 and 6z-124 as follows:

13 (30 ILCS 105/5.935 new)

14 Sec. 5.935. The Managed Care Oversight Fund.

15 (30 ILCS 105/6z-124 new)

16 Sec. 6z-124. Managed Care Oversight Fund. The Managed Care

17 Oversight Fund is created as a special fund in the State

18 treasury. Subject to appropriation, available annual moneys in

19 the Fund shall be used by the Department of Healthcare and

20 Family Services to support contracting with women and

21 minority-owned businesses as part of the Department's Business

22 Enterprise Program requirements. The Department shall

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1 prioritize contracts for care coordination services, workforce

2 development, and other services that support the Department's

3 mission to promote health equity. Funds may not be used for any

4 administrative costs of the Department.

5 Article 170.

6 Section 170-5. The Illinois Public Aid Code is amended by

7 adding Section 5-30.16 as follows:

8 (305 ILCS 5/5-30.16 new)

9 Sec. 5-30.16. Medicaid Business Opportunity Commission.

10 (a) The Medicaid Business Opportunity Commission is

11 created within the Department of Healthcare and Family Services

12 to develop a program to support and grow minority, women, and

13 persons with disability owned businesses.

14 (b) The Commission shall consist of the following members:

15 (1) Two members appointed by the Illinois Legislative

16 Black Caucus.

17 (2) Two members appointed by the Illinois Legislative

18 Latino Caucus.

19 (3) Two members appointed by the Conference of Women

20 Legislators of the Illinois General Assembly.

21 (4) Two members representing a statewide Medicaid

22 health plan association, appointed by the Governor.

23 (5) One member representing the Department of

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1 Healthcare and Family Services, appointed by the Governor.

2 (6) Three members representing businesses currently

3 registered with the Business Enterprise Program, appointed

4 by the Governor.

5 (7) One member representing the disability community,

6 appointed by the Governor.

7 (8) One member representing the Business Enterprise

8 Council, appointed by the Governor.

9 (c) The Director of Healthcare and Family Services and

10 chief of staff, or their designees, shall serve as the

11 Commission's executive administrators in providing

12 administrative support, research support, and other

13 administrative tasks requested by the Commission's co-chairs.

14 Any expenses, including, but not limited to, travel and

15 housing, shall be paid for by the Department's existing budget.

16 (d) The members of the Commission shall receive no

17 compensation for their services as members of the Commission.

18 (e) The members of the Commission shall designate co-chairs

19 of the Commission to lead their efforts at the first meeting of

20 the Commission.

21 (f) The Commission shall meet at least monthly beginning as

22 soon as is practicable after the effective date of this

23 amendatory Act of the 101st General Assembly.

24 (g) The Commission shall:

25 (1) Develop a recommendation on a Medicaid Business

26 Opportunity Program which will set requirements for

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1 Minority, Women, and Persons with Disability Owned

2 business contracting requirements. Such requirements shall

3 include contracting goals to be included in the contracts

4 between the Department of Healthcare and Family Services

5 and the Managed Care entities for the provision of Medicaid

6 Services.

7 (2) Make recommendations on the process by which

8 vendors or providers would be certified as eligible to be

9 included in the program and appropriate eligibility

10 standards relative to the healthcare industry.

11 (3) Make a recommendation on whether to include not for

12 profit organizations, diversity councils, or diversity

13 chambers as eligible for certification.

14 (4) Make a recommendation on identifying whether

15 providers included in the provider enrollment system are

16 qualified for certification.

17 (5) Make a recommendation on reasonable penalties or

18 sanctions for plans that fail to meet their goals and

19 remedies for these sanctions and penalties. This

20 recommendation shall also include suggestions on how

21 penalties shall be used by the Department.

22 (6) Make a recommendation on whether diverse staff

23 shall be considered within the goals set for managed care

24 entities.

25 (7) Make a recommendation on whether a new platform for

26 certification is necessary to administer this program or if

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1 the existing platform for the Business Enterprise Program

2 is capable of including recommended changes coming from

3 this Commission.

4 (8) Make a recommendation on the ongoing activity of

5 the Commission including structure, frequency of meetings,

6 and agendas to ensure ongoing oversight of the program by

7 the Commission.

8 (h) The Commission shall provide recommendations to the

9 Department and the General assembly by April 15, 2021 in order

10 to ensure prompt implementation of the Medicaid Business

11 Opportunity Program.

12 (i) Beginning January 1, 2022, and for each year

13 thereafter, the Commission shall submit a report of its

14 findings and recommendations to the General Assembly. The

15 report to the General Assembly shall be filed with the Clerk of

16 the House of Representatives and the Secretary of the Senate in

17 electronic form only, in the manner that the Clerk and the

18 Secretary shall direct.

19 Article 172.

20 Section 172-5. The Illinois Public Aid Code is amended by

21 changing Section 14-13 as follows:

22 (305 ILCS 5/14-13)

23 Sec. 14-13. Reimbursement for inpatient stays extended

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1 beyond medical necessity.

2 (a) By October 1, 2019, the Department shall by rule

3 implement a methodology effective for dates of service July 1,

4 2019 and later to reimburse hospitals for inpatient stays

5 extended beyond medical necessity due to the inability of the

6 Department or the managed care organization in which a

7 recipient is enrolled or the hospital discharge planner to find

8 an appropriate placement after discharge from the hospital. The

9 Department shall evaluate the effectiveness of the current

10 reimbursement rate for inpatient hospital stays beyond medical

11 necessity.

12 (b) The methodology shall provide reasonable compensation

13 for the services provided attributable to the days of the

14 extended stay for which the prevailing rate methodology

15 provides no reimbursement. The Department may use a day outlier

16 program to satisfy this requirement. The reimbursement rate

17 shall be set at a level so as not to act as an incentive to

18 avoid transfer to the appropriate level of care needed or

19 placement, after discharge.

20 (c) The Department shall require managed care

21 organizations to adopt this methodology or an alternative

22 methodology that pays at least as much as the Department's

23 adopted methodology unless otherwise mutually agreed upon

24 contractual language is developed by the provider and the

25 managed care organization for a risk-based or innovative

26 payment methodology.

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1 (d) Days beyond medical necessity shall not be eligible for

2 per diem add-on payments under the Medicaid High Volume

3 Adjustment (MHVA) or the Medicaid Percentage Adjustment (MPA)

4 programs.

5 (e) For services covered by the fee-for-service program,

6 reimbursement under this Section shall only be made for days

7 beyond medical necessity that occur after the hospital has

8 notified the Department of the need for post-discharge

9 placement. For services covered by a managed care organization,

10 hospitals shall notify the appropriate managed care

11 organization of an admission within 24 hours of admission. For

12 every 24-hour period beyond the initial 24 hours after

13 admission that the hospital fails to notify the managed care

14 organization of the admission, reimbursement under this

15 subsection shall be reduced by one day.

16 (Source: P.A. 101-209, eff. 8-5-19.)

17 Title IX. Maternal and Infant Mortality

18 Article 175.

19 Section 175-5. The Illinois Public Aid Code is amended by

20 adding Section 5-18.5 as follows:

21 (305 ILCS 5/5-18.5 new)

22 Sec. 5-18.5. Perinatal doula and evidence-based home

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1 visiting services.

2 (a) As used in this Section:

3 "Home visiting" means a voluntary, evidence-based strategy

4 used to support pregnant people, infants, and young children

5 and their caregivers to promote infant, child, and maternal

6 health, to foster educational development and school

7 readiness, and to help prevent child abuse and neglect. Home

8 visitors are trained professionals whose visits and activities