100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4891

 

Introduced , by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3960/4  from Ch. 111 1/2, par. 1154

    Amends the Illinois Health Facilities Planning Act. Provides that a majority of the filled appointments, but no less than 4 appointed members, to the Health Facilities and Services Review Board (currently, 5 members) shall constitute a quorum. Provides that the affirmative vote of the majority of the filled appointments, but no less than 4 appointed members, (currently, 5 members) shall be necessary for any action requiring a vote to be taken by the State Board. Effective immediately.


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A BILL FOR

 

HB4891LRB100 18675 RJF 33903 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Health Facilities Planning Act is
5amended by changing Section 4 as follows:
 
6    (20 ILCS 3960/4)  (from Ch. 111 1/2, par. 1154)
7    (Section scheduled to be repealed on December 31, 2019)
8    Sec. 4. Health Facilities and Services Review Board;
9membership; appointment; term; compensation; quorum.
10Notwithstanding any other provision in this Section, members of
11the State Board holding office on the day before the effective
12date of this amendatory Act of the 96th General Assembly shall
13retain their authority.
14    (a) There is created the Health Facilities and Services
15Review Board, which shall perform the functions described in
16this Act. The Department shall provide operational support to
17the Board as necessary, including the provision of office
18space, supplies, and clerical, financial, and accounting
19services. The Board may contract for functions or operational
20support as needed. The Board may also contract with experts
21related to specific health services or facilities and create
22technical advisory panels to assist in the development of
23criteria, standards, and procedures used in the evaluation of

 

 

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1applications for permit and exemption.
2    (b) Beginning March 1, 2010, the State Board shall consist
3of 9 voting members. All members shall be residents of Illinois
4and at least 4 shall reside outside the Chicago Metropolitan
5Statistical Area. Consideration shall be given to potential
6appointees who reflect the ethnic and cultural diversity of the
7State. Neither Board members nor Board staff shall be convicted
8felons or have pled guilty to a felony.
9    Each member shall have a reasonable knowledge of the
10practice, procedures and principles of the health care delivery
11system in Illinois, including at least 5 members who shall be
12knowledgeable about health care delivery systems, health
13systems planning, finance, or the management of health care
14facilities currently regulated under the Act. One member shall
15be a representative of a non-profit health care consumer
16advocacy organization. A spouse, parent, sibling, or child of a
17Board member cannot be an employee, agent, or under contract
18with services or facilities subject to the Act. Prior to
19appointment and in the course of service on the Board, members
20of the Board shall disclose the employment or other financial
21interest of any other relative of the member, if known, in
22service or facilities subject to the Act. Members of the Board
23shall declare any conflict of interest that may exist with
24respect to the status of those relatives and recuse themselves
25from voting on any issue for which a conflict of interest is
26declared. No person shall be appointed or continue to serve as

 

 

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1a member of the State Board who is, or whose spouse, parent,
2sibling, or child is, a member of the Board of Directors of,
3has a financial interest in, or has a business relationship
4with a health care facility.
5    Notwithstanding any provision of this Section to the
6contrary, the term of office of each member of the State Board
7serving on the day before the effective date of this amendatory
8Act of the 96th General Assembly is abolished on the date upon
9which members of the 9-member Board, as established by this
10amendatory Act of the 96th General Assembly, have been
11appointed and can begin to take action as a Board. Members of
12the State Board serving on the day before the effective date of
13this amendatory Act of the 96th General Assembly may be
14reappointed to the 9-member Board. Prior to March 1, 2010, the
15Health Facilities Planning Board shall establish a plan to
16transition its powers and duties to the Health Facilities and
17Services Review Board.
18    (c) The State Board shall be appointed by the Governor,
19with the advice and consent of the Senate. Not more than 5 of
20the appointments shall be of the same political party at the
21time of the appointment.
22    The Secretary of Human Services, the Director of Healthcare
23and Family Services, and the Director of Public Health, or
24their designated representatives, shall serve as ex-officio,
25non-voting members of the State Board.
26    (d) Of those 9 members initially appointed by the Governor

 

 

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1following the effective date of this amendatory Act of the 96th
2General Assembly, 3 shall serve for terms expiring July 1,
32011, 3 shall serve for terms expiring July 1, 2012, and 3
4shall serve for terms expiring July 1, 2013. Thereafter, each
5appointed member shall hold office for a term of 3 years,
6provided that any member appointed to fill a vacancy occurring
7prior to the expiration of the term for which his or her
8predecessor was appointed shall be appointed for the remainder
9of such term and the term of office of each successor shall
10commence on July 1 of the year in which his predecessor's term
11expires. Each member appointed after the effective date of this
12amendatory Act of the 96th General Assembly shall hold office
13until his or her successor is appointed and qualified. The
14Governor may reappoint a member for additional terms, but no
15member shall serve more than 3 terms, subject to review and
16re-approval every 3 years.
17    (e) State Board members, while serving on business of the
18State Board, shall receive actual and necessary travel and
19subsistence expenses while so serving away from their places of
20residence. Until March 1, 2010, a member of the State Board who
21experiences a significant financial hardship due to the loss of
22income on days of attendance at meetings or while otherwise
23engaged in the business of the State Board may be paid a
24hardship allowance, as determined by and subject to the
25approval of the Governor's Travel Control Board.
26    (f) The Governor shall designate one of the members to

 

 

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1serve as the Chairman of the Board, who shall be a person with
2expertise in health care delivery system planning, finance or
3management of health care facilities that are regulated under
4the Act. The Chairman shall annually review Board member
5performance and shall report the attendance record of each
6Board member to the General Assembly.
7    (g) The State Board, through the Chairman, shall prepare a
8separate and distinct budget approved by the General Assembly
9and shall hire and supervise its own professional staff
10responsible for carrying out the responsibilities of the Board.
11    (h) The State Board shall meet at least every 45 days, or
12as often as the Chairman of the State Board deems necessary, or
13upon the request of a majority of the members.
14    (i) A majority of the filled appointments to Five members
15of the State Board, but no less than 4 appointed members, shall
16constitute a quorum. The affirmative vote of the majority of
17the filled appointments, but no less than 4 appointed members,
185 of the members of the State Board shall be necessary for any
19action requiring a vote to be taken by the State Board. A
20vacancy in the membership of the State Board shall not impair
21the right of a quorum to exercise all the rights and perform
22all the duties of the State Board as provided by this Act.
23    (j) A State Board member shall disqualify himself or
24herself from the consideration of any application for a permit
25or exemption in which the State Board member or the State Board
26member's spouse, parent, sibling, or child: (i) has an economic

 

 

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1interest in the matter; or (ii) is employed by, serves as a
2consultant for, or is a member of the governing board of the
3applicant or a party opposing the application.
4    (k) The Chairman, Board members, and Board staff must
5comply with the Illinois Governmental Ethics Act.
6(Source: P.A. 99-527, eff. 1-1-17.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.