093_HB2809sam003 LRB093 08360 AMC 15445 a 1 AMENDMENT TO HOUSE BILL 2809 2 AMENDMENT NO. . Amend House Bill 2809 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The State Finance Act is amended by changing 5 Section 25 as follows: 6 (30 ILCS 105/25) (from Ch. 127, par. 161) 7 Sec. 25. Fiscal year limitations. 8 (a) All appropriations shall be available for 9 expenditure for the fiscal year or for a lesser period if the 10 Act making that appropriation so specifies. A deficiency or 11 emergency appropriation shall be available for expenditure 12 only through June 30 of the year when the Act making that 13 appropriation is enacted unless that Act otherwise provides. 14 (b) Outstanding liabilities as of June 30, payable from 15 appropriations which have otherwise expired, may be paid out 16 of the expiring appropriations during the 2-month period 17 ending at the close of business on August 31. Any service 18 involving professional or artistic skills or any personal 19 services by an employee whose compensation is subject to 20 income tax withholding must be performed as of June 30 of the 21 fiscal year in order to be considered an "outstanding 22 liability as of June 30" that is thereby eligible for payment -2- LRB093 08360 AMC 15445 a 1 out of the expiring appropriation. 2 However, payment of tuition reimbursement claims under 3 Section 14-7.03 or 18-3 of the School Code may be made by the 4 State Board of Education from its appropriations for those 5 respective purposes for any fiscal year, even though the 6 claims reimbursed by the payment may be claims attributable 7 to a prior fiscal year, and payments may be made at the 8 direction of the State Superintendent of Education from the 9 fund from which the appropriation is made without regard to 10 any fiscal year limitations. 11 Medical payments may be made by the Department of 12 Veterans' Affairs from its appropriations for those purposes 13 for any fiscal year, without regard to the fact that the 14 medical services being compensated for by such payment may 15 have been rendered in a prior fiscal year. 16 Medical payments may be made by the Department of Public 17 Aid and child care payments may be made by the Department of 18 Human Services (as successor to the Department of Public Aid) 19 from appropriations for those purposes for any fiscal year, 20 without regard to the fact that the medical or child care 21 services being compensated for by such payment may have been 22 rendered in a prior fiscal year; and payments may be made at 23 the direction of the Department of Central Management 24 Services from the Health Insurance Reserve Fund and the Local 25 Government Health Insurance Reserve Fund without regard to 26 any fiscal year limitations. 27 Additionally, payments may be made by the Department of 28 Human Services from its appropriations, or any other State 29 agency from its appropriations with the approval of the 30 Department of Human Services, from the Immigration Reform and 31 Control Fund for purposes authorized pursuant to the 32 Immigration Reform and Control Act of 1986, without regard to 33 any fiscal year limitations. 34 Further, with respect to costs incurred in fiscal years -3- LRB093 08360 AMC 15445 a 1 2002 and 2003 only, payments may be made by the State 2 Treasurer from its appropriations from the Capital Litigation 3 Trust Fund without regard to any fiscal year limitations. 4 (c) Further, payments may be made by the Department of 5 Public Health and the Department of Human Services (acting as 6 successor to the Department of Public Health under the 7 Department of Human Services Act) from their respective 8 appropriations for grants for medical care to or on behalf of 9 persons suffering from chronic renal disease, persons 10 suffering from hemophilia, rape victims, and premature and 11 high-mortality risk infants and their mothers and for grants 12 for supplemental food supplies provided under the United 13 States Department of Agriculture Women, Infants and Children 14 Nutrition Program, for any fiscal year without regard to the 15 fact that the services being compensated for by such payment 16 may have been rendered in a prior fiscal year. 17 (d) The Department of Public Health and the Department 18 of Human Services (acting as successor to the Department of 19 Public Health under the Department of Human Services Act) 20 shall each annually submit to the State Comptroller, Senate 21 President, Senate Minority Leader, Speaker of the House, 22 House Minority Leader, and the respective Chairmen and 23 Minority Spokesmen of the Appropriations Committees of the 24 Senate and the House, on or before December 31, a report of 25 fiscal year funds used to pay for services provided in any 26 prior fiscal year. This report shall document by program or 27 service category those expenditures from the most recently 28 completed fiscal year used to pay for services provided in 29 prior fiscal years. 30 (d-5) Appropriations to the Department of Professional 31 Regulation to establish the Illinois Center for Nursing 32 pursuant to item (iv-5) of subsection (e) of Section 20-40 of 33 the Nursing and Advanced Practice Nursing Act are not subject 34 to the fiscal year limitations established under this -4- LRB093 08360 AMC 15445 a 1 Section. 2 (e) The Department of Public Aid and the Department of 3 Human Services (acting as successor to the Department of 4 Public Aid) shall each annually submit to the State 5 Comptroller, Senate President, Senate Minority Leader, 6 Speaker of the House, House Minority Leader, the respective 7 Chairmen and Minority Spokesmen of the Appropriations 8 Committees of the Senate and the House, on or before November 9 30, a report that shall document by program or service 10 category those expenditures from the most recently completed 11 fiscal year used to pay for (i) services provided in prior 12 fiscal years and (ii) services for which claims were received 13 in prior fiscal years. 14 (f) The Department of Human Services (as successor to 15 the Department of Public Aid) shall annually submit to the 16 State Comptroller, Senate President, Senate Minority Leader, 17 Speaker of the House, House Minority Leader, and the 18 respective Chairmen and Minority Spokesmen of the 19 Appropriations Committees of the Senate and the House, on or 20 before December 31, a report of fiscal year funds used to pay 21 for services (other than medical care) provided in any prior 22 fiscal year. This report shall document by program or 23 service category those expenditures from the most recently 24 completed fiscal year used to pay for services provided in 25 prior fiscal years. 26 (g) In addition, each annual report required to be 27 submitted by the Department of Public Aid under subsection 28 (e) shall include the following information with respect to 29 the State's Medicaid program: 30 (1) Explanations of the exact causes of the 31 variance between the previous year's estimated and actual 32 liabilities. 33 (2) Factors affecting the Department of Public 34 Aid's liabilities, including but not limited to numbers -5- LRB093 08360 AMC 15445 a 1 of aid recipients, levels of medical service utilization 2 by aid recipients, and inflation in the cost of medical 3 services. 4 (3) The results of the Department's efforts to 5 combat fraud and abuse. 6 (h) As provided in Section 4 of the General Assembly 7 Compensation Act, any utility bill for service provided to a 8 General Assembly member's district office for a period 9 including portions of 2 consecutive fiscal years may be paid 10 from funds appropriated for such expenditure in either fiscal 11 year. 12 (i) An agency which administers a fund classified by the 13 Comptroller as an internal service fund may issue rules for: 14 (1) billing user agencies in advance based on 15 estimated charges for goods or services; 16 (2) issuing credits during the subsequent fiscal 17 year for all user agency payments received during the 18 prior fiscal year which were in excess of the final 19 amounts owed by the user agency for that period; and 20 (3) issuing catch-up billings to user agencies 21 during the subsequent fiscal year for amounts remaining 22 due when payments received from the user agency during 23 the prior fiscal year were less than the total amount 24 owed for that period. 25 User agencies are authorized to reimburse internal service 26 funds for catch-up billings by vouchers drawn against their 27 respective appropriations for the fiscal year in which the 28 catch-up billing was issued. 29 (Source: P.A. 92-885, eff. 1-13-03.) 30 Section 10. The Nursing and Advanced Practice Nursing 31 Act is amended by changing Section 20-40 and adding Sections 32 5-16 and 5-18 as follows: -6- LRB093 08360 AMC 15445 a 1 (225 ILCS 65/5-16 new) 2 (Section scheduled to be repealed on January 1, 2008) 3 Sec. 5-16. Illinois Center for Nursing. The Department 4 shall create the Illinois Center for Nursing, the goals of 5 which shall include, but not be limited to, all of the 6 following: 7 (1) To develop a strategic statewide plan for 8 nursing resources. 9 (2) To convene multidisciplinary groups to review 10 the work of the Center and evaluate policy implications. 11 (3) To enhance and promote nurse recognition, 12 reward, and renewal activities across the State. 13 (4) To create a dynamic system for projecting nurse 14 workforce supply and demand. 15 (5) To conduct biennial surveys of nurses to track 16 retirement plans and issues impacting nurses in the 17 workplace. 18 (6) To conduct biennial surveys of nurse employers 19 to measure changes in demand and skill mix. 20 (7) To evaluate population demographics and 21 available health indicator data to determine how they 22 relate to the demand for nursing services. 23 (8) To project how changes in the health care 24 delivery system, including the use of technology, will 25 effect nursing demand in terms of number and educational 26 mix. 27 (9) To study the relationship between various 28 staffing models and patient outcomes. 29 (10) To promote an adequate nursing workforce in 30 terms of numbers, diversity, educational mix, and 31 geographic distribution. 32 (11) To develop creative mechanisms to attract a 33 diverse group of students to nursing as an attractive and 34 viable career option. -7- LRB093 08360 AMC 15445 a 1 (12) To develop strategies for ensuring adequate 2 numbers of faculty who are prepared to mentor students in 3 a changing health care system. 4 (13) To monitor educational trends, including 5 applications, enrollments, and graduate outcomes. 6 (14) To provide resources and programs designed to 7 promote recognition and retention. 8 (15) To promote collaboration between nursing 9 education and practice to determine necessary 10 competencies and design professional practice. 11 (16) To develop and support nursing education and 12 nursing practice collaborative efforts at the regional 13 and State level. 14 (17) To provide funding for the planning and 15 implementation of demonstration projects of professional 16 practice models, with an emphasis on staffing models. 17 (18) To promote, inform, and educate the public as 18 to the impact of nurses in health care delivery. 19 The Illinois Center for Nursing shall work in conjunction 20 with the Illinois Coalition for Nursing Resources in 21 accomplishing its goals. 22 (225 ILCS 65/5-18 new) 23 (Section scheduled to be repealed on January 1, 2008) 24 Sec. 5-18. Advanced Practice Nurses Services Grant 25 Program. The Department shall establish the Advanced 26 Practice Nurses Services Grant Program, the goals of which 27 shall include, but not be limited to, the following: 28 (1) To create a statewide plan to promote awareness 29 among the underserved populations of APN services in 30 their area. 31 (2) To develop a mechanism to provide underserved 32 population access to APN services. -8- LRB093 08360 AMC 15445 a 1 (225 ILCS 65/20-40) 2 (Section scheduled to be repealed on January 1, 2008) 3 Sec. 20-40. Fund. There is hereby created within the 4 State Treasury the Nursing Dedicated and Professional Fund. 5 The monies in the Fund may be used by and at the direction of 6 the Department for the administration and enforcement of this 7 Act, including but not limited to: 8 (a) Distribution and publication of the Nursing and 9 Advanced Practice Nursing Act and the rules at the time 10 of renewal to all persons licensed by the Department 11 under this Act. 12 (b) Employment of secretarial, nursing, 13 administrative, enforcement, and other staff for the 14 administration of this Act. 15 (c) Conducting a survey, as prescribed by rule of 16 the Department, once every 4 years during the license 17 renewal period. 18 (d) Conducting of training seminars for licensees 19 under this Act relating to the obligations, 20 responsibilities, enforcement and other provisions of the 21 Act and its rules. 22 (d-5) Establishment and operation of the Illinois 23 Center for Nursing as provided for in Section 5-16. 24 (d-6) Funding for the Advanced Practice Nurses 25 Services Grant Program. 26 (e) Disposition of Fees: 27 (i) (Blank). 28 (ii) All of the fees and fines collected 29 pursuant to this Act shall be deposited in the 30 Nursing Dedicated and Professional Fund. 31 (iii) For the fiscal year beginning July 1, 32 1988, the moneys deposited in the Nursing Dedicated 33 and Professional Fund shall be appropriated to the 34 Department for expenses of the Department and the -9- LRB093 08360 AMC 15445 a 1 Board in the administration of this Act. All 2 earnings received from investment of moneys in the 3 Nursing Dedicated and Professional Fund shall be 4 deposited in the Nursing Dedicated and Professional 5 Fund and shall be used for the same purposes as fees 6 deposited in the Fund. 7 (iv) For the fiscal year beginning July 1, 8 2001 and for each fiscal year thereafter, $750,000 9 of the moneys deposited in the Nursing Dedicated and 10 Professional Fund each year shall be set aside and 11 appropriated to the Illinois Department of Public 12 Health for nursing scholarships awarded pursuant to 13 the Nursing Education Scholarship Law. 14 Representatives of the Department and the Nursing 15 Education Scholarship Program Advisory Council shall 16 review this requirement and the scholarship awards 17 every 2 years. 18 (iv-5) For the fiscal year beginning July 1, 19 2004, $1,000,000 of the moneys deposited into the 20 Nursing Dedicated and Professional Fund shall be 21 appropriated to the Department to be used to 22 establish the Illinois Center for Nursing as 23 provided for in Section 5-16 and subsection (d-5) of 24 this Section. 25 (iv-6) For the fiscal year beginning July 1, 26 2004, and each fiscal year thereafter, $150,000 of 27 the moneys deposited into the Nursing Dedicated and 28 Professional Fund shall be appropriated to the 29 Department to be used to fund the Advanced Practice 30 Nurses Services Grant Program as provided for in 31 Section 5-18 and subsection (d-6) of this Section. 32 (v) Moneys in the Fund may be transferred to 33 the Professions Indirect Cost Fund as authorized 34 under Section 2105-300 of the Department of -10- LRB093 08360 AMC 15445 a 1 Professional Regulation Law (20 ILCS 2105/2105-300). 2 (Source: P.A. 91-239, 1-1-00; 92-46, eff. 7-1-01.) 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.".