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1 | AN ACT concerning public health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Public | ||||||||||||||||||||||||
5 | Health Advocates Act. | ||||||||||||||||||||||||
6 | Section 5. Purpose. The purpose of this Act is to insure | ||||||||||||||||||||||||
7 | effective and democratic representation of individual health | ||||||||||||||||||||||||
8 | care consumers before regulatory agencies, legislative bodies, | ||||||||||||||||||||||||
9 | courts, and other public bodies, and to establish a practical | ||||||||||||||||||||||||
10 | means so that consumers can provide themselves with education | ||||||||||||||||||||||||
11 | and advice related to public health issues, decent health care | ||||||||||||||||||||||||
12 | services and products, prescription drugs, and the purchase and | ||||||||||||||||||||||||
13 | use of health insurance, by: | ||||||||||||||||||||||||
14 | (a) creating a nonprofit organization, pursuant to the | ||||||||||||||||||||||||
15 | General Not For Profit Corporations Act of 1986, to represent | ||||||||||||||||||||||||
16 | the interests of health care consumers before regulatory | ||||||||||||||||||||||||
17 | agencies, legislative bodies, courts, and other public bodies, | ||||||||||||||||||||||||
18 | and provide educational and advisory services to health care | ||||||||||||||||||||||||
19 | consumers; | ||||||||||||||||||||||||
20 | (b) providing for democratic accountability of the Board of | ||||||||||||||||||||||||
21 | Directors of the organization to its health care consumer | ||||||||||||||||||||||||
22 | constituency through open elections of Directors with thorough | ||||||||||||||||||||||||
23 | financial disclosure requirements and campaign spending | ||||||||||||||||||||||||
24 | limitations; | ||||||||||||||||||||||||
25 | (c) encouraging active citizen participation in the | ||||||||||||||||||||||||
26 | regulatory process through involvement in the activities of the | ||||||||||||||||||||||||
27 | organization; and | ||||||||||||||||||||||||
28 | (d) creating an efficient method of funding for the | ||||||||||||||||||||||||
29 | organization, involving no burden on the taxpayers of this | ||||||||||||||||||||||||
30 | State, whereby individual health care consumers and other | ||||||||||||||||||||||||
31 | citizens may voluntarily contribute to the organization. |
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1 | Section 10. Definitions. In this Act: | ||||||
2 | "Campaign contribution" means: (1) a gift subscription, | ||||||
3 | loan, advance, or deposit of money, or anything of value, made | ||||||
4 | for the purpose of electing a candidate to the Board of | ||||||
5 | Directors of the Corporation; or (2) a contract, promise, or | ||||||
6 | agreement, express or implied, whether or not legally | ||||||
7 | enforceable, to make any campaign contributions. | ||||||
8 | "Campaign contribution" does not include the value of | ||||||
9 | services provided without compensation by individuals who | ||||||
10 | volunteer a portion or all of their time on behalf of a | ||||||
11 | candidate or political committee; or the use of real or | ||||||
12 | personal property and the cost of invitations, food, and | ||||||
13 | beverages, voluntarily provided by an individual to a candidate | ||||||
14 | in rendering voluntary personal services on the individual's | ||||||
15 | residential premises for activities related to the candidate's | ||||||
16 | campaign, if the cumulative value of the activities by the | ||||||
17 | individual on behalf of any candidate does not exceed $100 for | ||||||
18 | any election. | ||||||
19 | "Campaign expenditure" means: (1) a purchase, payment, | ||||||
20 | distribution, loan, advance, deposit, or gift of money or | ||||||
21 | anything of value, made for the purpose of electing a candidate | ||||||
22 | to the Board of Directors of the Corporation; or (2) a | ||||||
23 | contract, promise, or agreement, express or implied, whether or | ||||||
24 | not legally enforceable, to make any campaign expenditure. | ||||||
25 | "Campaign expenditure" does not include the use of real or | ||||||
26 | personal property and the cost of invitations, food, and | ||||||
27 | beverages, voluntarily provided by an individual to a candidate | ||||||
28 | in rendering voluntary personal services on the individual's | ||||||
29 | residential premises for activities related to the candidate's | ||||||
30 | campaign if the cumulative value of the activities by the | ||||||
31 | individual on behalf of any candidate does not exceed $100 for | ||||||
32 | any election. | ||||||
33 | "The Corporation" means Public Health Advocates. | ||||||
34 | "Director" means any person serving on the Board of | ||||||
35 | Directors of the Corporation. | ||||||
36 | "District" means a corporation district, the boundaries of |
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1 | which are congruent with the boundaries of the State's | ||||||
2 | Congressional districts. | ||||||
3 | "District director" means director elected from a | ||||||
4 | district. | ||||||
5 | "Health care company" means a corporation or other entity | ||||||
6 | engaged in the business of selling, within this State, health | ||||||
7 | care services, or health care products, or both health care | ||||||
8 | services and products. | ||||||
9 | "Health care consumer" means any resident of this State who | ||||||
10 | receives, utilizes, or consumes health care services or | ||||||
11 | products. | ||||||
12 | "Health care products" means products for the diagnosis, | ||||||
13 | prevention, treatment, cure, or relief of a physical or mental | ||||||
14 | health condition, illness, injury or any other matter that | ||||||
15 | concerning the provision and delivery of products to maintain | ||||||
16 | good health. The term includes, but is not limited to, | ||||||
17 | hospital, medical, surgical, dental, vision, psychological and | ||||||
18 | pharmaceutical products. | ||||||
19 | "Health care services" means services for the diagnosis, | ||||||
20 | prevention, treatment, cure, or relief of a physical or mental | ||||||
21 | health condition, illness, injury or any other matter | ||||||
22 | concerning the provision and delivery of services to maintain | ||||||
23 | good health. The term includes, but is not limited to, | ||||||
24 | hospital, medical, surgical, dental, vision, psychological and | ||||||
25 | pharmaceutical services. This term also includes health | ||||||
26 | insurance and medical malpractice insurance. | ||||||
27 | "Health insurance" means a contract relating to health care | ||||||
28 | where a person undertakes to indemnify or to pay a specified or | ||||||
29 | determinable amount or benefit upon determinable | ||||||
30 | contingencies. | ||||||
31 | "Immediate family" of a person means the person's spouse | ||||||
32 | and legal dependants. | ||||||
33 | "Medical malpractice insurance" means a contract relating | ||||||
34 | to medical malpractice where a person undertakes to indemnify | ||||||
35 | or to pay a specified or determinable amount or benefit upon | ||||||
36 | determinable contingencies. |
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1 | "Member" means any person who meets the requirements for | ||||||
2 | membership in the Corporation set forth in subsection (b) of | ||||||
3 | Section 15. | ||||||
4 | "Political committee" means any committee, club, | ||||||
5 | association, or other group of persons which makes campaign | ||||||
6 | expenditures or receives campaign contributions during the | ||||||
7 | year before an election of the Board of Directors. | ||||||
8 | "Proceeding" means any formal meeting of a regulatory | ||||||
9 | agency or subdivision of a regulatory agency conducted by a | ||||||
10 | hearing examiner or other agent of the regulatory agency, | ||||||
11 | regarding the establishment or alteration of types, language, | ||||||
12 | or clauses, for the provision or sale of health care services | ||||||
13 | or health care products within this State; the establishment, | ||||||
14 | abrogation, or amendment of rules or regulations concerning | ||||||
15 | public health issues, individual health care consumers, health | ||||||
16 | care companies, or policies affecting this State in regard to | ||||||
17 | health care services, health care products and public health | ||||||
18 | issues or concerning the conduct of regulatory agency | ||||||
19 | proceedings themselves; or the adjudication of the claims or | ||||||
20 | petitions of individual health care consumers, health care | ||||||
21 | companies, or other persons or groups of persons. | ||||||
22 | "Public health issues" includes, but is not limited to, | ||||||
23 | food safety, water quality, air quality, childhood | ||||||
24 | immunization, vaccination, control of infectious diseases, | ||||||
25 | cancer, hazardous waste disposal, lead abatement, | ||||||
26 | bio-terrorism, public health programs, occupational safety, | ||||||
27 | land use, transportation; contracts between public health | ||||||
28 | agencies and health care companies; training and public | ||||||
29 | education related to cardiopulmonary resuscitation, use of | ||||||
30 | defibulators, community-based health promotion and a healthy | ||||||
31 | lifestyle; and any laws, ordinances, regulations and | ||||||
32 | regulatory agency proceedings which affect any of the subjects | ||||||
33 | previously listed. | ||||||
34 | "Regulatory agency" means any State or unit of local | ||||||
35 | government agency or other public body with the legal authority | ||||||
36 | to establish or to approve, reject, or modify proposals to |
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1 | offer for sale specific types of health care services and | ||||||
2 | products in this State; formulate or review policies affecting | ||||||
3 | individual health care consumers in this State in regard to | ||||||
4 | health care services and products; formulate or review policies | ||||||
5 | affecting this State in regard to public health issues; or | ||||||
6 | otherwise to regulate the activities of health care service or | ||||||
7 | product companies within this State. | ||||||
8 | Section 15. Creation of the Corporation; membership. | ||||||
9 | (a) There is created a nonprofit membership corporation to | ||||||
10 | be known as the Public Health Advocates referred to as the | ||||||
11 | Corporation. | ||||||
12 | (b) The membership of the Corporation shall consist of all | ||||||
13 | individual health care consumers and other residents of this | ||||||
14 | State who have contributed to the Corporation at least an | ||||||
15 | amount set by the Board of Directors in either its preceding or | ||||||
16 | its current fiscal year as a minimum fee; provided, that any | ||||||
17 | person may resign from membership. The fee shall be no lower | ||||||
18 | than $5. | ||||||
19 | Section 20. Duties, Rights, and Powers. | ||||||
20 | (a) It shall be the duty of the Corporation to effectively | ||||||
21 | represent and protect the interests of individual health care | ||||||
22 | consumers of this State. All actions which it undertakes under | ||||||
23 | the provisions of this Act shall be directed toward that goal. | ||||||
24 | (b) The Corporation shall have all rights and powers | ||||||
25 | accorded generally to, and shall be subject to all duties | ||||||
26 | imposed generally upon, non-profit membership corporations | ||||||
27 | under the laws of this State. | ||||||
28 | (c) The Corporation may seek tax-exempt status under State | ||||||
29 | and federal law. | ||||||
30 | (d) The Corporation may solicit and accept gifts, grants, | ||||||
31 | and loans, except as prohibited in this Act. | ||||||
32 | (e) The Corporation may conduct, support, and assist | ||||||
33 | research, surveys, investigations, planning activities, | ||||||
34 | conferences, demonstration projects, individual health care |
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1 | consumer counseling, and public information activities | ||||||
2 | concerning the interests of individual health care consumers | ||||||
3 | and public health issues. | ||||||
4 | (f) The Corporation may contract for services that cannot | ||||||
5 | reasonably be performed by its employees. | ||||||
6 | (g) The Corporation may represent the interests of health | ||||||
7 | care consumers before all legislative bodies of the State, | ||||||
8 | county, and local government and all other public forums. | ||||||
9 | (h) The Corporation may represent interests of individual | ||||||
10 | health care consumers before regulatory agencies and courts, | ||||||
11 | except as this Act otherwise provides. | ||||||
12 | (i) The Corporation shall not sponsor, endorse, or | ||||||
13 | otherwise support or oppose, any political party or the | ||||||
14 | candidacy of any person for public office. | ||||||
15 | (j) The Corporation may support or oppose initiatives or | ||||||
16 | referenda concerning public health issues or matters that it | ||||||
17 | determines may affect the interests of individual health care | ||||||
18 | consumers. | ||||||
19 | The Corporation shall have, in addition to the rights and | ||||||
20 | powers enumerated in this Act, any other incidental rights and | ||||||
21 | powers as are reasonably necessary for the effective | ||||||
22 | representation of the interests of individual health care | ||||||
23 | consumers. | ||||||
24 | Section 25. Representation of health care consumers in | ||||||
25 | regulatory agency proceedings. | ||||||
26 | (a) Each regulatory agency of the State and all units of | ||||||
27 | local government shall notify the Corporation in advance of the | ||||||
28 | time, place, subject, and names of parties for each proceeding | ||||||
29 | to which this Act applies, unless the regulatory agency | ||||||
30 | reasonably determines that the proceeding will not affect the | ||||||
31 | interests of individual health care consumers of this State or | ||||||
32 | does not relate to any public health issues. The regulatory | ||||||
33 | agency shall notify the Corporation at least 30 days before the | ||||||
34 | scheduled date of the proceeding or within 5 days after the | ||||||
35 | date is fixed, whichever is later. |
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1 | (b) The Corporation may intervene as of right as a party or | ||||||
2 | otherwise participate in any regulatory agency proceeding that | ||||||
3 | the Corporation reasonably determines may affect the interests | ||||||
4 | of individual health care consumers or pertains to public | ||||||
5 | health issues. The intervention or participation of the | ||||||
6 | Corporation in any such proceeding shall not affect the | ||||||
7 | obligation of the regulatory agency to operate in the public | ||||||
8 | interest. | ||||||
9 | When the Corporation intervenes or participates in a | ||||||
10 | regulatory agency proceeding, it shall be subject to all laws | ||||||
11 | and rules of procedure of general applicability governing the | ||||||
12 | conduct of the proceeding and the rights of interveners and | ||||||
13 | participants. The Corporation shall have the same rights | ||||||
14 | regarding representation by counsel, participation in | ||||||
15 | pre-hearing conferences, discovery, requests for issuance of | ||||||
16 | subpoenas by the agency, stipulation of facts, presentation and | ||||||
17 | cross-examination of witnesses, oral and written argument, | ||||||
18 | participation in settlement negotiations, and other aspects of | ||||||
19 | the proceeding as accorded to other interveners under the laws | ||||||
20 | of this State, except as otherwise provided in this Act. | ||||||
21 | Section 30. Judicial review of regulatory agency | ||||||
22 | decisions; enforcement actions. The Corporation shall be | ||||||
23 | deemed to have an interest sufficient to maintain a civil | ||||||
24 | action for the review or enforcement of any regulatory agency | ||||||
25 | decision that the Corporation reasonably determines would | ||||||
26 | adversely affect the interests of a member so long as the | ||||||
27 | Corporation was a party to the regulatory proceeding that led | ||||||
28 | to the regulatory agency decision. | ||||||
29 | Section 35. Representation of members in lawsuits. | ||||||
30 | (a) If the Board of Directors or Executive Director | ||||||
31 | reasonably determines that bringing a civil action against a | ||||||
32 | health care company on behalf of any member or group of members | ||||||
33 | would further the general purposes of this Act, the | ||||||
34 | Corporation, with the consent of the member or group of |
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1 | members, may provide the legal services necessary and the | ||||||
2 | expert witnesses' services reasonably appropriate for | ||||||
3 | prosecution of the action. | ||||||
4 | (b) Any member who receives money due to a settlement or | ||||||
5 | judgment attained with assistance in litigation provided by the | ||||||
6 | Corporation as described in subsection (a) shall reimburse the | ||||||
7 | Corporation for its expenses in prosecution of the action; | ||||||
8 | provided, that the reimbursement shall not exceed 10% of the | ||||||
9 | money received by the member. | ||||||
10 | Section 40. Funding of the Corporation. | ||||||
11 | (a) In this Section: | ||||||
12 | (1) "Enclosure" means a card, leaflet, envelope or | ||||||
13 | combination furnished by the Corporation under this | ||||||
14 | Section. | ||||||
15 | (2) "Mailing" means any communication by a State or | ||||||
16 | local unit of government agency that is sent through the | ||||||
17 | United States Postal Service to more than 500 persons | ||||||
18 | within a 12 month period. | ||||||
19 | (3) "Agency" means any officer, department, board, | ||||||
20 | commission, institution or entity of the executive or | ||||||
21 | legislative branches of State and local government. | ||||||
22 | (b) To accomplish its powers and duties under this Act, the | ||||||
23 | Corporation may prepare and furnish to any agency an enclosure | ||||||
24 | to be included with a mailing by that agency subject to the | ||||||
25 | following limitations: | ||||||
26 | (1) An agency furnished with an enclosure shall include | ||||||
27 | the enclosure within the mailing designated by the | ||||||
28 | corporation. | ||||||
29 | (2) An enclosure furnished by the Corporation under | ||||||
30 | this Section shall be provided to the agency a reasonable | ||||||
31 | period of time in advance of the mailing. | ||||||
32 | (3) An enclosure furnished by the Corporation under | ||||||
33 | this Section shall be limited to informing the reader of | ||||||
34 | the purpose, nature, and activities of the Corporation as | ||||||
35 | set forth in this Act and informing the reader that it may |
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1 | become a member in the Corporation, maintain membership in | ||||||
2 | the Corporation, and contribute money to the Corporation | ||||||
3 | directly. | ||||||
4 | (c) The Corporation shall reimburse each agency for all | ||||||
5 | reasonable incremental costs incurred by the agency in | ||||||
6 | complying with this Section, above the agency's normal mailing | ||||||
7 | and handling costs, provided that the agency shall first | ||||||
8 | furnish the Corporation with an itemized accounting of the | ||||||
9 | additional cost; and the Corporation shall not be required to | ||||||
10 | reimburse the agency for postage costs if the weight of the | ||||||
11 | Corporation's enclosure does not exceed .35 ounce avoirdupois. | ||||||
12 | If the Corporation's enclosure exceeds that weight, then it | ||||||
13 | shall only be required to reimburse the agency for postage cost | ||||||
14 | over and above what the agency's postage cost would have been | ||||||
15 | had the enclosure weighed only .35 ounce avoirdupois. | ||||||
16 | (d) In the event that an agency is furnished with an | ||||||
17 | enclosure by the Corporation and by the Citizens Utility Board, | ||||||
18 | under Section 9 of the Citizens Utility Board Act designated | ||||||
19 | for the same mailing, the agency shall include whichever | ||||||
20 | enclosure it received first within the designated mailing. The | ||||||
21 | agency shall inform the Corporation or the Citizens Utility | ||||||
22 | Board that its mailing will not go out until the next mailing. | ||||||
23 | It shall include the other enclosure with the next mailing | ||||||
24 | designated by the entity that furnished it. | ||||||
25 | (e) No health care company or officer, employee, or agent | ||||||
26 | of a health care company may interfere or threaten to interfere | ||||||
27 | with or cause any interference with the delivery of any health | ||||||
28 | care services or health care products to any person who | ||||||
29 | contributes to the Corporation or participates in any of its | ||||||
30 | activities, in retribution for such contribution or | ||||||
31 | participation. | ||||||
32 | (f) No health care company or officer, employee, or agent | ||||||
33 | of a health care company may prevent, interfere with, or hinder | ||||||
34 | the activities described in this Section. | ||||||
35 | (g) The Corporation or any individual may borrow such | ||||||
36 | moneys as it requires, including moneys which may be loaned by |
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1 | the State from funds appropriate for the purposes of meeting | ||||||
2 | the necessary expenses of postage, preparing, and printing | ||||||
3 | enclosures, initial organization and operation of the | ||||||
4 | Corporation for the period commencing on the effective date of | ||||||
5 | this Act and continuing until the first election of the board | ||||||
6 | of directors under Section 50. Such moneys borrowed by the | ||||||
7 | Corporation or any individual shall subsequently be repaid with | ||||||
8 | appropriate interest over a reasonable period of time. Any | ||||||
9 | loans that may be made to the Corporation by the State shall be | ||||||
10 | repaid within 24 months from the date the loan is made. | ||||||
11 | Section 45. Board of Directors. | ||||||
12 | (a) The affairs of the Corporation shall be managed by a | ||||||
13 | Board of Directors. | ||||||
14 | (b) Election and terms of directors. There shall be one | ||||||
15 | director for each board district. Corporation districts shall | ||||||
16 | be divided into 2 groups for the purpose of establishing terms | ||||||
17 | for which the directors shall be elected in each group. One | ||||||
18 | group shall be comprised of the even numbered board districts | ||||||
19 | and the other group shall be comprised of the odd numbered | ||||||
20 | board districts. | ||||||
21 | (c) The interim board, within 60 days after their | ||||||
22 | appointment, shall meet and publicly determine by lot which | ||||||
23 | group shall be the first group and which group shall be the | ||||||
24 | second. The Governor shall appoint the interim board members. | ||||||
25 | The appointees shall reflect the geographical diversity of this | ||||||
26 | State and shall include representation from minority groups, | ||||||
27 | low-income persons, labor organizations, businesses, women, | ||||||
28 | and senior citizens. The board members or their successors from | ||||||
29 | the first group shall be elected for successive terms of 2 | ||||||
30 | years, 2 years, and 4 years; and members or their successors | ||||||
31 | from the second group shall be elected for successive terms of | ||||||
32 | 4 years, 2 years, and 2 years. | ||||||
33 | (d) The first election of directors of the board is to be | ||||||
34 | held no later than 8 months after the first meeting of the | ||||||
35 | interim board. Subsequent elections of directors of the board |
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1 | shall be held every 2 years after the first election. The board | ||||||
2 | may change the election date for the second election to up to | ||||||
3 | one month before or after the second anniversary of the first | ||||||
4 | election. All subsequent elections shall occur every 2 years on | ||||||
5 | the anniversary of the second election. This cycle shall begin | ||||||
6 | in the year following each decennial redistricting. If the | ||||||
7 | election day falls on a weekend or holiday, the election shall | ||||||
8 | occur on the next business day. In the year following a | ||||||
9 | decennial redistricting, all director's terms shall end and | ||||||
10 | elections for directors from the redrawn board districts shall | ||||||
11 | be held. | ||||||
12 | (e) Interim and elected board members shall serve until | ||||||
13 | their successors are elected and have qualified. | ||||||
14 | (f) Within 45 days after the redistricted board districts | ||||||
15 | are enacted, the board shall publicly allocate terms by lot | ||||||
16 | between the 2 groups of districts as provided in subsection | ||||||
17 | (b). Board members or their successors from the first group | ||||||
18 | shall be elected for successive terms of 2 years, 4 years, and | ||||||
19 | 4 years; and members or their successors from the second group | ||||||
20 | shall be elected for successive terms of 4 years, 4 years, and | ||||||
21 | 2 years. In the year following a decennial redistricting all | ||||||
22 | directors' terms shall end and elections for directors from the | ||||||
23 | redrawn board districts shall be held. | ||||||
24 | (g) In the event that board districts are redrawn for | ||||||
25 | reasons other than a decennial redistricting, within 45 days | ||||||
26 | after the redistricted county board districts are enacted, the | ||||||
27 | board shall publicly allocate terms by lot between the 2 groups | ||||||
28 | of districts as provided in subsection (b). The board shall | ||||||
29 | select terms for both groups in a manner consistent with | ||||||
30 | subsection (f) to ensure staggered elections until a decennial | ||||||
31 | redistricting occurs. | ||||||
32 | (h) Qualifications. Directors shall be residents of the | ||||||
33 | State and members of the Corporation. No official of a | ||||||
34 | regulatory agency or officer, employee, consultant, attorney, | ||||||
35 | accountant, real estate agent, shareholder, bondholder, or | ||||||
36 | member of the immediate family of an officer, employee, |
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1 | consultant, attorney, accountant, real estate agent, | ||||||
2 | shareholder, or bondholder, or any health care company doing | ||||||
3 | business in this State shall be eligible to become a director. | ||||||
4 | A director shall be a resident of the district he or she | ||||||
5 | represents and a member of the Corporation. No director may | ||||||
6 | hold any elective position in federal, State, or local | ||||||
7 | government. | ||||||
8 | (i) Employment of director's family members. No director or | ||||||
9 | member of his or her immediate family shall, either directly or | ||||||
10 | indirectly, be employed for compensation as a staff member or | ||||||
11 | consultant of the Corporation. | ||||||
12 | (j) Meetings. The board shall hold regular meetings at | ||||||
13 | least once every 3 months on the dates and at the places as it | ||||||
14 | may determine. Special meetings may be called by the president | ||||||
15 | or by a majority of the directors upon at least 7 days advance | ||||||
16 | written notice. Unless otherwise provided in the bylaws, a | ||||||
17 | majority of the board of directors shall constitute a quorum. | ||||||
18 | In no event, however, shall a quorum consist of less than | ||||||
19 | one-third of the board of directors. The act of the majority of | ||||||
20 | the directors present at a meeting at which a quorum is present | ||||||
21 | shall be the act of the board of directors unless the act of a | ||||||
22 | greater number is required by this Act or its bylaws. A summary | ||||||
23 | of the minutes of every board meeting shall be made available | ||||||
24 | to each public library in the State upon request and to | ||||||
25 | individuals upon request. | ||||||
26 | (k) Expenses. A director may not receive any compensation | ||||||
27 | for his or her services, but shall be reimbursed for necessary | ||||||
28 | expenses, including travel expenses incurred in the discharge | ||||||
29 | of duties. The board shall establish standard allowances for | ||||||
30 | mileage, room, and meals and the purposes for which allowances | ||||||
31 | may be made. The board shall determine the reasonableness and | ||||||
32 | necessity for reimbursements. | ||||||
33 | (l) Bonding. Directors and employees eligible to disburse | ||||||
34 | funds shall be bonded. The costs of the bonds shall be paid by | ||||||
35 | the Corporation. | ||||||
36 | (m) The appointed directors shall: |
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1 | (1) inform health care consumers of the State, by the | ||||||
2 | means provided for in this Act, of the existence, nature, | ||||||
3 | and purposes of the Corporation, and shall encourage health | ||||||
4 | care consumers to participate in the Corporation's | ||||||
5 | activities and to contribute to its operating funds; | ||||||
6 | (2) elect officers as provided in Section 55; | ||||||
7 | (3) employ such staff as the directors deem necessary | ||||||
8 | to carry out the purposes of this Act; | ||||||
9 | (4) make all necessary preparations for the first | ||||||
10 | election of directors, oversee the election campaign, and | ||||||
11 | tally the votes, as provided in Section 50; and | ||||||
12 | (5) carry out all other duties and exercise all other | ||||||
13 | powers accorded to the Board of Directors in this Act. | ||||||
14 | (n) One director shall be elected from each district in the | ||||||
15 | State, under procedures established in Section 50. Each | ||||||
16 | director shall represent the interests of the health care | ||||||
17 | consumers of his or her district. Each director shall have one | ||||||
18 | vote in the Board of Directors. Elected directors shall be | ||||||
19 | installed in office by the President of the outgoing Board of | ||||||
20 | Directors. | ||||||
21 | (o) When a director dies, resigns, is disqualified, or | ||||||
22 | otherwise vacates his or her office, the Board of Directors | ||||||
23 | shall select within 3 months a successor from the same district | ||||||
24 | as the director for the remainder of the director's term of | ||||||
25 | office. Any director may nominate any qualified person as | ||||||
26 | successor. The Board of Directors shall select the successor | ||||||
27 | from among those nominated, by a two-thirds majority of the | ||||||
28 | remaining directors present and voting. The successor shall be | ||||||
29 | installed in office by the President of the Board of Directors. | ||||||
30 | (p) The elected Board of Directors shall have the following | ||||||
31 | duties: | ||||||
32 | (1) to maintain up-to-date membership rolls and to keep | ||||||
33 | them in confidence; | ||||||
34 | (2) to keep minutes, books, and records that shall | ||||||
35 | reflect all the acts and transactions of the Board of | ||||||
36 | Directors that shall be open to examination by any member |
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1 | during regular business hours; | ||||||
2 | (3) to make all reports, studies, and other information | ||||||
3 | compiled by the Corporation under subsection (d) of Section | ||||||
4 | 20, and all data pertaining to the finances of the | ||||||
5 | Corporation, available for public inspection during | ||||||
6 | regular business hours; | ||||||
7 | (4) to prepare quarterly statements of the financial | ||||||
8 | and substantive operations of the Corporation, and make | ||||||
9 | copies of the statements available to the general public;
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10 | (5) to cause the Corporation's books to be audited by a | ||||||
11 | certified public accountant at least once each fiscal year, | ||||||
12 | and make the audit available to the general public; | ||||||
13 | (6) to prepare and mail, as soon as practicable after | ||||||
14 | the close of the Corporation's fiscal year, an annual | ||||||
15 | report of the Corporation's financial and substantive | ||||||
16 | operations to each member; | ||||||
17 | (7) to report to the membership meeting on the past and | ||||||
18 | projected activities and policies of the Corporation; | ||||||
19 | (8) to employ an Executive Director and direct and | ||||||
20 | supervise his or her activities; and | ||||||
21 | (9) to carry out all other duties and responsibilities | ||||||
22 | imposed upon the Corporation and the Board of Directors by | ||||||
23 | this Act. | ||||||
24 | (q) The Treasurer shall reimburse Directors for actual | ||||||
25 | expenses necessarily incurred by them in the performance of | ||||||
26 | their duties.
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27 | Section 50. Election of directors. | ||||||
28 | (a) The time of elections shall be as follows: | ||||||
29 | (1) when the membership of the Corporation has reached | ||||||
30 | 1,000 persons and the Corporation has received $10,000 in | ||||||
31 | contributions, the appointed directors shall promptly fix | ||||||
32 | a date for the first election of directors. The election | ||||||
33 | shall be held not less than 4 months and not more than 6 | ||||||
34 | months after the membership and contributions have both | ||||||
35 | reached the prescribed levels; and |
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1 | (2) subsequent elections of directors shall be held at | ||||||
2 | yearly intervals after the first election. The dates of the | ||||||
3 | elections shall be fixed not less than 4 months in advance | ||||||
4 | by the Board of Directors. | ||||||
5 | (b) To be eligible for election to the Board of Directors, | ||||||
6 | a candidate must: | ||||||
7 | (1) meet the qualifications for directors prescribed | ||||||
8 | in subsection (d) of Section 45; | ||||||
9 | (2) be a resident of the district that he or she seeks | ||||||
10 | to represent; | ||||||
11 | (3) have his or her nomination certified by the Board | ||||||
12 | of Directors under subsection (c); | ||||||
13 | (4) submit to the Board of Directors a statement of | ||||||
14 | financial interests in accordance with subsection (d) and a | ||||||
15 | statement of personal background and positions in | ||||||
16 | accordance with subsection (e); and | ||||||
17 | (5) make the affirmation prescribed in paragraph (5) of | ||||||
18 | subsection (f). | ||||||
19 | (c) A candidate for election to the Board of Directors | ||||||
20 | shall submit to the Board, not later than 60 days prior to the | ||||||
21 | election, a statement of intent to be a candidate. Upon receipt | ||||||
22 | of the statement of intent the Board shall certify the | ||||||
23 | nomination of the candidate. | ||||||
24 | (d) A candidate for election to the Board of Directors | ||||||
25 | shall submit to the Board, not later than 60 days prior to the | ||||||
26 | election, a statement of financial interest upon a form | ||||||
27 | approved by the Board of Directors. The statement of financial | ||||||
28 | interests shall include the following information: | ||||||
29 | (1) the occupation, employer, and position of the | ||||||
30 | candidate and of his or her immediate family members; | ||||||
31 | (2) a list of all corporate directorships or other | ||||||
32 | offices, and of all fiduciary relationships, held in the | ||||||
33 | past 3 years by the candidate and by his or her immediate | ||||||
34 | family members; | ||||||
35 | (3) the name of any corporation in which the candidate | ||||||
36 | holds a security, the current market value of which is |
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1 | $2,500 or more; | ||||||
2 | (4) the name of any corporation in which the | ||||||
3 | candidate's immediate family members hold a security, the | ||||||
4 | current market value of which is $2,500 or more; | ||||||
5 | (5) an affirmation, subject to penalty of perjury, that | ||||||
6 | the information contained in the statement of financial | ||||||
7 | interest is true and complete. | ||||||
8 | (e) A candidate for election to the Board of Directors | ||||||
9 | shall submit to the Board, not later than 60 days prior to the | ||||||
10 | election, a 2-page statement concerning his or her personal | ||||||
11 | background and positions on issues relating to public health | ||||||
12 | initiatives, health care services, health care products, or the | ||||||
13 | operations of the Corporation. The statement shall contain an | ||||||
14 | affirmation, subject to penalty of perjury, that the candidate | ||||||
15 | meets the qualifications prescribed for directors in | ||||||
16 | subsection (d) of Section 45 and is a resident of the district | ||||||
17 | that he or she seeks to represent. The Board of Directors may | ||||||
18 | limit the number of words a candidate may use in the statement. | ||||||
19 | (f) Restrictions on and reporting of campaign | ||||||
20 | contributions and expenditures shall be as follows: | ||||||
21 | (1) each candidate may accept no more than $100 in | ||||||
22 | campaign contributions from any person or political | ||||||
23 | committee from one year before the date of an election | ||||||
24 | through the date of the election; | ||||||
25 | (2) each candidate shall keep complete records of all | ||||||
26 | contributions to his or her campaign of $25 or more made | ||||||
27 | from one year before the date of an election through the | ||||||
28 | date of the election; | ||||||
29 | (3) each candidate who avails himself or herself of the | ||||||
30 | Corporation's distribution of his or her statement of | ||||||
31 | personal background and positions, may incur no more than | ||||||
32 | $1,000 in campaign expenditures, from the time he or she | ||||||
33 | commences circulation of petitions for nomination or from 4 | ||||||
34 | months prior to the election, whichever is earlier, through | ||||||
35 | the date of the election; | ||||||
36 | (4) each candidate shall keep complete records of his |
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1 | or her campaign expenditures, and shall make the records | ||||||
2 | available for inspection during normal business hours to | ||||||
3 | any member or employee of the Corporation; and | ||||||
4 | (5) no earlier than 14 days and no later than 8 days | ||||||
5 | preceding the election, and no earlier than 21 days and no | ||||||
6 | later than 30 days after the election, each candidate for | ||||||
7 | election to the Board shall submit to the Board an accurate | ||||||
8 | statement of his or her campaign contributions, swearing | ||||||
9 | that he or she has fully complied with the requirements of | ||||||
10 | this Section. | ||||||
11 | (g)Election Procedures shall be as follows: | ||||||
12 | (1) The Board of Directors shall send by first class | ||||||
13 | mail to each member, in districts where more than one | ||||||
14 | candidate has been certified, no sooner than 21 and not | ||||||
15 | later than 14 days before the date fixed for the election: | ||||||
16 | (A) an official ballot listing all candidates for | ||||||
17 | District Director from the member's district whose | ||||||
18 | nominations the Board has certified and who have | ||||||
19 | complied with the requirements of this Section; | ||||||
20 | (B) each candidate's statement of financial | ||||||
21 | interest; and | ||||||
22 | (C) the statement of personal background and | ||||||
23 | position of each candidate who requests the mailing of | ||||||
24 | his or her statement at the time he or she submits it | ||||||
25 | to the Board. | ||||||
26 | (2) Each member may cast a vote in the election by | ||||||
27 | returning his or her official ballot, properly marked, to | ||||||
28 | the head office of the Corporation by 8 p.m. on the date | ||||||
29 | fixed for the election or if it is sent by mail, it shall | ||||||
30 | be deemed to have been received on time if it is | ||||||
31 | postmarked. | ||||||
32 | (3) Voting shall be by secret ballot. | ||||||
33 | (4)The Board of Directors shall tally votes with all | ||||||
34 | reasonable speed and shall inform the membership promptly | ||||||
35 | of the names of the candidates elected. | ||||||
36 | (5)In each District, the District director candidate |
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1 | with the most votes shall be declared elected. | ||||||
2 | (h) The President of the Board of Directors shall install, | ||||||
3 | within 30 days after the election, all elected candidates who | ||||||
4 | meet the qualifications under subsection (b). | ||||||
5 | (i) The Board of Directors may prescribe rules for the | ||||||
6 | conduct of elections and election campaigns not inconsistent | ||||||
7 | with this Act.
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8 | Section 55. Officers. | ||||||
9 | (a) At the first regular meeting of the Board of Directors, | ||||||
10 | at which a quorum is present, subsequent to the initial | ||||||
11 | appointments of directors and at the first regular meeting of | ||||||
12 | the Board, at which a quorum is present, subsequent to the | ||||||
13 | installation of new directors following each annual election, | ||||||
14 | the Board shall elect by majority vote of members present and | ||||||
15 | voting from among the directors a President, Vice President, | ||||||
16 | Secretary, and Treasurer. The Board shall also have the power | ||||||
17 | to elect a Comptroller and any other officers as it deems | ||||||
18 | necessary. | ||||||
19 | (b) Officers shall be installed by the President | ||||||
20 | immediately upon their election. The term of office for | ||||||
21 | officers shall be one year; provided that an officer may | ||||||
22 | resign, or may be removed from office by a two-thirds vote of | ||||||
23 | all the directors. After an officer's term of office has | ||||||
24 | expired, the officer shall continue to serve until his or her | ||||||
25 | successor is installed. When an officer dies, resigns, is | ||||||
26 | removed, or otherwise vacates his or her office, the Board of | ||||||
27 | Directors shall elect a successor to serve out the officer's | ||||||
28 | term of office. | ||||||
29 | (c) The officers shall exercise the powers and perform the | ||||||
30 | duties as are prescribed under this Act or as delegated to them | ||||||
31 | by the Board of Directors.
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32 | Section 60. Executive Director. | ||||||
33 | (a) The Board of Directors shall employ an Executive | ||||||
34 | Director. |
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1 | (b) The Executive Director shall have the following powers | ||||||
2 | and duties, subject at all times to the directions and | ||||||
3 | supervision of the Board of Directors: | ||||||
4 | (1) to decide upon the course of action of the | ||||||
5 | Corporation regarding appearances before regulatory | ||||||
6 | agencies, legislative bodies, courts, and other public | ||||||
7 | bodies, and regarding other activities that the | ||||||
8 | Corporation has the authority to perform under this Act; | ||||||
9 | (2) to employ and discharge employees of the | ||||||
10 | Corporation; | ||||||
11 | (3) to supervise the offices, facilities, and work of | ||||||
12 | the employees of the Corporation; | ||||||
13 | (4) to have custody of and to maintain the books, | ||||||
14 | records, and membership rolls of the Corporation, in | ||||||
15 | accordance with the provisions of this Act; | ||||||
16 | (5) to prepare and submit to the Board of Directors | ||||||
17 | annual and quarterly statements of the financial | ||||||
18 | substantive operations of the Corporation, and financial | ||||||
19 | estimates for the future operations of the Corporation; | ||||||
20 | (6) to attend and participate in meetings of the Board | ||||||
21 | of Directors as a nonvoting director; and | ||||||
22 | (7) to exercise any other powers and perform any other | ||||||
23 | duties as the Board of Directors delegates to him or her. | ||||||
24 | (c) The Executive Director may be discharged by two-thirds | ||||||
25 | vote of all the directors.
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26 | Section 65. Annual membership meeting. | ||||||
27 | (a) An annual meeting of the membership shall be held once | ||||||
28 | a year on a date and at a place within the State to be | ||||||
29 | determined by the Board of Directors. | ||||||
30 | (b) All members shall be eligible to attend, participate | ||||||
31 | in, and vote in the annual membership meeting. | ||||||
32 | (c) The form of the annual membership meeting shall be as | ||||||
33 | provided in the law of this State regarding nonprofit | ||||||
34 | membership corporations. | ||||||
35 | (d) The annual membership meeting shall be open to the |
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1 | public.
| ||||||
2 | Section 70. Corrupt practices and conflicts of interest. | ||||||
3 | (a) Neither the Corporation nor its directors, employees, | ||||||
4 | or agents shall offer anything of monetary value to, or accept | ||||||
5 | anything of monetary value from, any public official or | ||||||
6 | employee of any health care company or employer or agent | ||||||
7 | covered by this Act, except as otherwise provided in this Act. | ||||||
8 | (b) No director shall personally or through any partner or | ||||||
9 | agent render any professional service or make or perform any | ||||||
10 | business contract with or for any health care company. | ||||||
11 | (c) No public official or employee of a health care company | ||||||
12 | or employer covered by this Act or agent shall offer anything | ||||||
13 | of monetary value to, or accept anything of monetary value from | ||||||
14 | the Corporation or its directors, employees, or agents, except | ||||||
15 | as otherwise provided in this Act. | ||||||
16 | (d) The office of a director found in violation of | ||||||
17 | subsection (a) or (b) shall be declared vacant.
| ||||||
18 | Section 75. Construction of the Act. | ||||||
19 | (a) The provisions of this Act shall be construed in a | ||||||
20 | manner to enable the Corporation effectively to represent and | ||||||
21 | protect the interests of the health care consumers of this | ||||||
22 | State and promote public health issues. | ||||||
23 | (b) Nothing in this Act shall be construed to limit the | ||||||
24 | right of any person to initiate, intervene, or otherwise | ||||||
25 | participate in any regulatory agency proceeding or court | ||||||
26 | action, or to relieve any regulatory agency or court of any | ||||||
27 | obligation, or to affect its discretion, to permit intervention | ||||||
28 | or participation by any person in any proceeding or action.
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29 | Section 99. Effective date. This Act takes effect upon | ||||||
30 | becoming law.
|