SB2588 98TH GENERAL ASSEMBLY

LRB098 12363 JWD 46691 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2588

Introduced 5/30/2013, by Sen. Martin A. Sandoval

SYNOPSIS AS INTRODUCED:

20 ILCS 5/5-20	was 20 ILCS 5/4
20 ILCS 5/5-165 rep.
20 ILCS 5/5-395 rep.
20 ILCS 2205/2205-20 new
20 ILCS 2205/2205-25 new
305 ILCS 5/12-1	from Ch. 23, par. 12-1

Amends the Department of Healthcare and Family Services Law of the Civil Administrative Code of Illinois. Creates the Illinois Healthcare and Family Services Board. Provides qualifications for the members of the Board, to be appointed by the Governor with the advice and consent of the Senate. Provides that the Board shall hire the Director of Healthcare and Family Services, and that the Board in its discretion may hire an Assistant Director of Healthcare and Family Services. Provides that the Board shall set the duties of the Director and the Assistant Director, including measureable performance standards based on providing statewide access to healthcare and family services and full implementation of the SMART Act (P.A. 97-689). Provides that the Department of Healthcare and Family Services as directed by the Board shall conduct an annual statewide survey of access to healthcare and family services, tracking the changes in access to healthcare and family services with a particular focus on underserved populations and areas within the State. Amends the Public Aid Code. Provides that the terms of office of the Director and Assistant Director of Healthcare and Family Services serving on the effective date of this amendatory Act of the 98th General Assembly shall end on March 1, 2014. Makes conforming changes. Amends the General Provisions and Departments of State Government Law of the Civil Administrative Code of Illinois. Makes conforming changes. Effective immediately.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Civil Administrative Code of Illinois is amended by changing Section 5-20 as follows:

(20 ILCS 5/5-20) (was 20 ILCS 5/4)

Sec. 5-20. Heads of departments. Each department shall have an officer as its head who shall be known as director or secretary and who shall, subject to the provisions of the Civil Administrative Code of Illinois, execute the powers and discharge the duties vested by law in his or her respective department.

The following officers are hereby created:

Director of Aging, for the Department on Aging.

Director of Agriculture, for the Department of Agriculture.

Director of Central Management Services, for the Department of Central Management Services.

Director of Children and Family Services, for the Department of Children and Family Services.

Director of Commerce and Economic Opportunity, for the Department of Commerce and Economic Opportunity.

Director of Corrections, for the Department of Corrections.

Director of the Illinois Emergency Management Agency, for the Illinois Emergency Management Agency.

Director of Employment Security, for the Department of Employment Security.

Secretary of Financial and Professional Regulation, for the Department of Financial and Professional Regulation.

Director of Healthcare and Family Services, for the Department of Healthcare and Family Services.

Director of Human Rights, for the Department of Human Rights.

Secretary of Human Services, for the Department of Human Services.

Director of Juvenile Justice, for the Department of Juvenile Justice.

Director of Labor, for the Department of Labor.

Director of Natural Resources, for the Department of Natural Resources.

Director of Public Health, for the Department of Public Health.

Director of Revenue, for the Department of Revenue.

Director of State Police, for the Department of State Police.

Secretary of Transportation, for the Department of Transportation.

Director of Veterans' Affairs, for the Department of Veterans' Affairs.

(Source: P.A. 96-328, eff. 8-11-09; 97-464, eff. 10-15-11; 97-618, eff. 10-26-11; 97-813, eff. 7-13-12.)

(20 ILCS 5/5-165 rep.)

(20 ILCS 5/5-395 rep.)

Section 10. The Civil Administrative Code of Illinois is amended by repealing Sections 5-165 and 5-395.

Section 15. The Department of Healthcare and Family Services Law of the Civil Administrative Code of Illinois is amended by adding Sections 2205-20 and 2205-25 as follows:

(20 ILCS 2205/2205-20 new)

Sec. 2205-20. Illinois Board of Healthcare and Family Services.

(a) There is created the Illinois Board of Healthcare and Family Services that shall exercise supervisory authority over the operations and activities of the Department of Healthcare and Family Services. The board shall consist of 7 members appointed by the Governor with the advice and consent of the Senate, who shall have the following qualifications: 3 members representing underserved populations within the State, one of whom shall represent the African-American community, and one of whom shall represent the Hispanic community; 2 members representing underserved areas within the State, one of whom shall represent rural areas; one member who has at least 10 years of experience in providing healthcare and family services in the private sector, whether for-profit or not-for-profit; and one member who has at least 10 years of experience in providing healthcare and family services in the public sector, whether State or local.

(b) The terms of the members of the Illinois Board of Healthcare and Family Services shall commence on January 1, 2014. Of the initial appointments, 3 members shall be appointed for terms of 2 years, and 4 members shall be appointed for terms of 4 years. Thereafter, all members shall be appointed for terms of 4 years. Members are eligible for reappointment.

(c) Vacancies in terms shall be filled by appointment by the Governor with the advice and consent of the Senate for the extent of the unexpired term. If a vacancy in membership occurs at a time when the Senate is not in session, the Governor shall make a temporary appointment until the next meeting of the Senate, when the Governor shall appoint a person to fill that membership for the remainder of its term. If the Senate is not in session when appointments for a full term are made, the appointments shall be made as in the case of vacancies.

(d) Members shall serve without compensation, but may be reimbursed for actual expenses from funds appropriated for that purpose. No more than 4 members shall belong to the same political party.

(e) The members shall elect from their number a chairperson, and such other officers as they may select.

(f) No member of the Board shall serve as the Director or Assistant Director of Healthcare and Family Services, either during his or her term of office or for a period 2 years after the end of his or her most recent term in office.

(20 ILCS 2205/2205-25 new)

Sec. 2205-25. Powers and duties of the Board.

(a) The Illinois Board of Healthcare and Family Services shall determine the qualifications of and appoint the Director of Healthcare and Family Services, who may be proposed by the Governor and who shall serve at the pleasure of the Board pursuant to a performance-based contract linked to the statewide improvement of healthcare access for all populations and areas, the implementation of the provisions of the SMART Act (Public Act 97-689), any other requirements that may be set by statute, and any other measureable criteria as the Board may adopt. No contract entered into between the Board and the Director under this Section may exceed 4 years, but a Director shall continue to serve until his or her successor is appointed. Each contract entered into under this Section with a Director must provide that the Board may terminate the contract for cause, and the Board shall not thereafter be liable for further payments under the contract.

(b) The Board, in its sole discretion, may appoint an Assistant Director of Healthcare and Family Services, who may be proposed by the Governor and who shall serve at the pleasure of the Board pursuant to a performance-based contract linked to the statewide improvement of healthcare access for all populations and areas, the implementation of the provisions of the SMART Act (Public Act 97-689), any other requirements that may be set by statute, and any other measureable criteria as the Board may adopt. No contract entered into between the Board and the Assistant Director under this Section may exceed 4 years, but an Assistant Director shall continue to serve until his or her successor is appointed. Each contract entered into under this Section with an Assistant Director must provide that the Board may terminate the contract for cause, and the Board shall not thereafter be liable for further payments under the contract.

(c) The Board shall set the compensation of the Director and the Assistant Director. The Board shall also establish the duties, powers and responsibilities of the Director and the Assistant Director, which shall be included in their respective contracts under this Section.

(d) The Department of Healthcare and Family Services as directed by the Board shall conduct a statewide annual survey of access to healthcare and family services, including, but not limited to, those provided, facilitated, or supported by the Department of Healthcare and Family Services under the Illinois Public Aid Code, and shall report the results of that survey to the General Assembly and the Governor on February 1, 2015 and on February 1 of each year thereafter. The Board shall use the results of its annual survey of access to healthcare and family services to identify underserved populations and areas throughout the State, including changes in populations and areas and their access to healthcare and family services, and shall use this information to: (1) establish measureable criteria for the performance-based contracts under subsections (a) and (b) of this Section, and (2) determine the effectiveness of the Director and Assistant Director in meeting those measureable criteria.

Section 20. The Illinois Public Aid Code is amended by changing Section 12-1 as follows:

(305 ILCS 5/12-1) (from Ch. 23, par. 12-1)

Sec. 12-1. Administration of Code; Department of Healthcare and Family Services.

(a) This Code shall be administered by the Department of Human Services and the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) as provided in the Department of Human Services Act.

(b) The Department of Healthcare and Family Services shall be under the supervision and direction of the Director of Healthcare and Family Services, as provided in Section 2205-25 of the Department of Healthcare and Family Services Law of the Civil Administrative Code of Illinois. The Director shall be appointed under the provisions of Section 2205-25 of that Law, and shall meet the qualifications prescribed by the Illinois Board of Healthcare and Family Services. Notwithstanding any provision of law to the contrary, the terms of office of the Director and Assistant Director of Healthcare and Family Services serving on the effective date of this amendatory Act of the 98th General Assembly shall end on March 1, 2014. 5-20 of the Departments of State Government Law (20 ILCS 5/5-20). The Director shall be appointed pursuant to the provisions of Section 5-605 and meet the qualifications of Section 5-230 of that Law.

The Assistant Director of Healthcare and Family Services shall be appointed as provided in Section 2205-25 of the Department of Healthcare and Family Services Law of the Civil Administrative Code of Illinois, at the discretion of the Illinois Board of Healthcare and Family Services. , created by Section 5-165 of the Departments of State Government Law (20 ILCS 5/5-165), shall be appointed pursuant to the provisions of Section 5-605 of that Law and shall meet the qualifications prescribed in Section 5-230 of that Law.

The salaries of the Director and the Assistant Director shall be those set by the Illinois Board of Healthcare and Family Services. specified in Section 5-395 of the Departments of State Government Law (20 ILCS 5/5-395).

Except as otherwise provided in this amendatory Act of the 98th General Assembly, the The Department of Healthcare and Family Services and the Director of Healthcare and Family Services shall comply with other provisions of the Civil Administrative Code of Illinois which are generally applicable to the several departments of the State Government created by that Code.

(Source: P.A. 95-331, eff. 8-21-07.)

Section 99. Effective date. This Act takes effect upon becoming law.