Full Text of SB3062 99th General Assembly
SB3062sam001 99TH GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 4/11/2016
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| 1 | | AMENDMENT TO SENATE BILL 3062
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3062 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Public Health Powers and | 5 | | Duties Law of the
Civil Administrative Code of Illinois is | 6 | | amended by changing Section 2310-220 as follows:
| 7 | | (20 ILCS 2310/2310-220) (was 20 ILCS 2310/55.73)
| 8 | | Sec. 2310-220. Findings; rural obstetrical care. The | 9 | | General
Assembly finds
that substantial areas of rural Illinois | 10 | | lack adequate access to obstetrical
care. The primary cause of | 11 | | this problem is the absence of qualified
practitioners who are | 12 | | willing to offer obstetrical services. A significant
barrier to | 13 | | recruiting and retaining those practitioners is the high cost | 14 | | of
professional liability insurance for practitioners offering | 15 | | obstetrical care.
| 16 | | Therefore, the Department, from funds appropriated for |
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| 1 | | that purpose, shall
award grants to physicians practicing | 2 | | obstetrics in rural designated shortage
areas, as defined in | 3 | | Section 3.04 of the Family Practice and Behavioral Health | 4 | | Promotion Residency Act, for the
purpose of reimbursing those | 5 | | physicians for the costs of obtaining malpractice
insurance | 6 | | relating to obstetrical services. The Department shall | 7 | | establish
reasonable conditions, standards, and duties | 8 | | relating to the application for
and receipt of the grants.
| 9 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 10 | | Section 10. The Family Practice Residency Act is amended by | 11 | | changing Sections 1, 2, 3.03, 3.04, 4.01, 4.02, 4.03, 4.10, 5, | 12 | | 6, and 9 and by adding Sections 3.10, 3.11, and 10.5 as | 13 | | follows:
| 14 | | (110 ILCS 935/1) (from Ch. 144, par. 1451)
| 15 | | Sec. 1.
This Act shall be known and may be cited as the | 16 | | " Family Practice and Behavioral Health Promotion
Residency | 17 | | Act " .
| 18 | | (Source: P.A. 80-478.)
| 19 | | (110 ILCS 935/2) (from Ch. 144, par. 1452)
| 20 | | Sec. 2.
The purpose of this Act is to establish programs in | 21 | | the
Illinois Department of Public Health to upgrade primary and | 22 | | behavioral health care
services for all citizens of the State, | 23 | | to increase access, and to reduce health care disparities by |
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| 1 | | providing grants to family
practice residency, and preventive | 2 | | medicine residency, and behavioral health care residency | 3 | | programs, scholarships to
medical students and other eligible | 4 | | behavioral health care professionals , and a loan repayment | 5 | | program for physicians , and other eligible primary care | 6 | | providers , and eligible behavioral health care professionals | 7 | | who
will agree to practice in areas of the State demonstrating | 8 | | the greatest
need for more professional medical and behavioral | 9 | | health care. The programs shall encourage
family practice | 10 | | physicians , and other eligible primary care providers , and | 11 | | eligible behavioral health care professionals to locate in | 12 | | areas where primary care and behavioral health manpower
| 13 | | shortages exist and to increase the total number of family | 14 | | practice
physicians , and other eligible primary care | 15 | | providers , and eligible behavioral health care professionals | 16 | | in the State.
| 17 | | (Source: P.A. 98-674, eff. 6-30-14.)
| 18 | | (110 ILCS 935/3.03) (from Ch. 144, par. 1453.03)
| 19 | | Sec. 3.03.
"Committee" means the Advisory Committee for | 20 | | Family
Practice Residency Programs and Behavioral Health Care | 21 | | Programs created by this Act.
| 22 | | (Source: P.A. 80-478.)
| 23 | | (110 ILCS 935/3.04) (from Ch. 144, par. 1453.04)
| 24 | | Sec. 3.04.
"Designated Shortage Area" means an area |
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| 1 | | designated by the
Director as a physician shortage area, a | 2 | | medically underserved area, or
a critical health manpower | 3 | | shortage area , a health professional shortage area, or a mental | 4 | | health professional shortage area, as defined by the United | 5 | | States
Department of Health and Human Services , Education and | 6 | | Welfare, or as otherwise further defined by
the Department to | 7 | | enable it to effectively fulfill the purpose stated in
Section | 8 | | 2 of this Act. Such areas may include the following:
| 9 | | (a) an urban or rural area which is a rational area for the | 10 | | delivery
of health services;
| 11 | | (b) a population group; or
| 12 | | (c) a public or nonprofit private medical facility.
| 13 | | (Source: P.A. 80-478.)
| 14 | | (110 ILCS 935/3.10 new) | 15 | | Sec. 3.10. Eligible behavioral health care professionals. | 16 | | "Eligible behavioral health care professionals" include the | 17 | | following licensed professionals who have behavioral health | 18 | | care training and experience: | 19 | | (1) psychiatrists licensed to practice medicine in all | 20 | | of its branches under the Medical Practice Act of 1987; | 21 | | (2) clinical psychologists licensed under the Clinical | 22 | | Psychologist Licensing Act; | 23 | | (3) clinical social workers licensed under the | 24 | | Clinical Social Work and Social Work Practice Act; | 25 | | (4) psychiatric nurse specialists licensed as |
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| 1 | | registered nurses under the Nurse Practice Act; | 2 | | (5) marriage and family therapists licensed under the | 3 | | Marriage and Family Therapy Licensing Act; and | 4 | | (6) clinical professional counselors licensed under | 5 | | the Professional Counselor and Clinical Professional | 6 | | Counselor Licensing and Practice Act. | 7 | | (110 ILCS 935/3.11 new) | 8 | | Sec. 3.11. Behavioral health care program. "Behavioral | 9 | | health care program" means a behavioral health care service of | 10 | | a hospital or hospital affiliate, as defined under the Hospital | 11 | | Licensing Act; a hospital operated under the University of | 12 | | Illinois Hospital Act; a federally qualified health center, as | 13 | | defined in Section 1905(l)(2)(B) of the federal Social Security | 14 | | Act; or a community mental health center that has satisfied the | 15 | | Medicare conditions of participation for community mental | 16 | | health centers under 42 CFR 485.904 through 42 CFR 485.918.
| 17 | | (110 ILCS 935/4.01) (from Ch. 144, par. 1454.01)
| 18 | | Sec. 4.01.
To allocate funds to family practice residency | 19 | | programs and behavioral health care programs
according to the | 20 | | following priorities:
| 21 | | (a) to increase the number of family practice physicians | 22 | | and behavioral health care professionals in
Designated | 23 | | Shortage Areas;
| 24 | | (b) to increase the percentage of obstetricians |
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| 1 | | establishing practice
within the State upon completion of | 2 | | residency;
| 3 | | (c) to increase the number of accredited family practice | 4 | | residencies
within the State;
| 5 | | (d) to increase the percentage of family practice | 6 | | physicians
establishing practice within the State upon | 7 | | completion of residency; and
| 8 | | (d-5) to increase access to behavioral health care in | 9 | | Designated Shortage Areas; | 10 | | (d-10) to increase the number of eligible behavioral health | 11 | | care professionals providing health care services in this | 12 | | State; and | 13 | | (e) to provide funds for rental of office space, purchase | 14 | | of equipment
and other uses necessary to enable family | 15 | | practitioners and eligible behavioral health care | 16 | | professionals to locate their
practices in communities located | 17 | | in designated shortage areas.
| 18 | | (Source: P.A. 86-1384.)
| 19 | | (110 ILCS 935/4.02) (from Ch. 144, par. 1454.02)
| 20 | | Sec. 4.02.
To determine the procedures for the distribution | 21 | | of the
funds to family practice residency programs and | 22 | | behavioral health care programs , including the establishment
| 23 | | of eligibility criteria in accordance with the following | 24 | | guidelines:
| 25 | | (a) preference for programs which are to be established at |
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| 1 | | locations
which exhibit potential for extending family | 2 | | practice physician and behavioral health care
availability to | 3 | | Designated Shortage Areas;
| 4 | | (b) preference for programs which are located away from | 5 | | communities
in which medical schools are located; and
| 6 | | (c) preference for programs located in hospitals having | 7 | | affiliation
agreements with medical schools located within the | 8 | | State.
| 9 | | In distributing such funds, the Department may also | 10 | | consider as secondary
criteria whether a family practice | 11 | | residency program has:
| 12 | | (1) Adequate courses of instruction in the behavioral | 13 | | sciences;
| 14 | | (2) Availability and systematic utilization of | 15 | | opportunities for residents
to gain experience through local | 16 | | health departments or other preventive
or occupational medical | 17 | | facilities;
| 18 | | (3) A continuing program of community-oriented research in | 19 | | such areas
as risk factors in community populations, | 20 | | immunization levels, environmental
hazards, or occupational | 21 | | hazards;
| 22 | | (4) Sufficient mechanisms for maintenance of quality | 23 | | training, such as
peer review, systematic progress reviews, | 24 | | referral system, and maintenance
of adequate records; and
| 25 | | (5) An appropriate course of instruction in societal, | 26 | | institutional and
economic conditions affecting family |
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| 1 | | practice.
| 2 | | (Source: P.A. 81-321.)
| 3 | | (110 ILCS 935/4.03) (from Ch. 144, par. 1454.03)
| 4 | | Sec. 4.03.
To establish a program of medical student and | 5 | | behavioral health care professional scholarships and
to award | 6 | | scholarships to eligible medical students and eligible | 7 | | behavioral health care professionals .
| 8 | | (Source: P.A. 80-478.)
| 9 | | (110 ILCS 935/4.10) (from Ch. 144, par. 1454.10)
| 10 | | Sec. 4.10.
To establish programs, and the criteria for such | 11 | | programs,
for the repayment of the educational loans of primary | 12 | | care physicians , and other eligible primary care providers , and | 13 | | eligible behavioral health care professionals who
agree to | 14 | | serve in Designated Shortage Areas for a specified period of | 15 | | time,
no less than 2 years. Payments under this program may be | 16 | | made for the
principal, interest and related expenses of | 17 | | government and
commercial loans received by the individual for | 18 | | tuition expenses, and all other
reasonable educational | 19 | | expenses incurred by the individual. Payments made under this
| 20 | | provision shall be exempt from Illinois State Income Tax. The | 21 | | Department may use tobacco settlement recovery funding or other | 22 | | available funding to implement this Section.
| 23 | | (Source: P.A. 98-674, eff. 6-30-14.)
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| 1 | | (110 ILCS 935/5) (from Ch. 144, par. 1455)
| 2 | | Sec. 5.
The Advisory Committee for Family Practice | 3 | | Residency Programs and Behavioral Health Care Programs
is | 4 | | created and shall consult with the Director in the | 5 | | administration of
this Act. The Committee shall consist of 13 9 | 6 | | members
appointed by the Director, 4 of whom shall be family | 7 | | practice
physicians, 4 of whom shall be representatives of | 8 | | behavioral health care programs, one of whom shall be the dean | 9 | | or associate or deputy dean of a
medical school in this
State, | 10 | | and 4 of whom shall be representatives of the general public.
| 11 | | Terms of membership shall be 4 years. Initial appointments by | 12 | | the
Director shall be staggered, with 4 appointments | 13 | | terminating January 31,
1979 and 4 terminating January 31, | 14 | | 1981. Of the 4 additional members appointed under this | 15 | | amendatory Act of the 99th General Assembly, 2 members, as | 16 | | determined by the Director, shall serve for a term that | 17 | | commences on the date of their appointment and expires on | 18 | | January 31, 2019 and the other 2 members shall serve for a term | 19 | | that commences on the date of their appointment and expires on | 20 | | January 31, 2021. Each member shall continue to
serve after the | 21 | | expiration of his term until his successor has been
appointed. | 22 | | No person shall serve more than 2 terms. Vacancies shall be
| 23 | | filled by appointment for the unexpired term of any member in | 24 | | the same
manner as the vacant position had been filled. The | 25 | | Committee shall
select from its members a chairman from among | 26 | | the family practice
physician members, and such other officers |
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| 1 | | as may be required. The
Committee shall meet as frequently as | 2 | | the Director deems necessary, but
not less than once each year. | 3 | | The Committee members shall receive no
compensation but shall | 4 | | be reimbursed for actual expenses incurred in
carrying out | 5 | | their duties.
| 6 | | (Source: P.A. 92-635, eff. 7-11-02.)
| 7 | | (110 ILCS 935/6) (from Ch. 144, par. 1456)
| 8 | | Sec. 6.
Family practice residency programs and behavioral | 9 | | health care programs seeking funds under this
Act shall make | 10 | | application to the Department. The application shall
include | 11 | | evidence of local support for the program, either in the form | 12 | | of
funds, services or other resources. The ratio of State | 13 | | support to local
support shall be determined by the Department | 14 | | in a manner that is
consistent with the purpose of this Act as | 15 | | stated in Section 2 of this
Act. In establishing such ratio of | 16 | | State to local support the Department
may vary the amount of | 17 | | the required local support depending upon the
criticality of | 18 | | the need for more professional health care services, the
| 19 | | geographic location and the economic base of the Designated | 20 | | Shortage
Area.
| 21 | | (Source: P.A. 80-478.)
| 22 | | (110 ILCS 935/9) (from Ch. 144, par. 1459)
| 23 | | Sec. 9.
The Department shall annually report to the General | 24 | | Assembly
and the Governor the results and progress of the |
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| 1 | | programs established by
this Act on or before March 15th.
| 2 | | The annual report to the General Assembly and the Governor | 3 | | shall include
the impact of programs established under this Act | 4 | | on the ability of
designated shortage areas to attract and | 5 | | retain physicians and other health
care personnel and the | 6 | | ability of designated behavioral health care programs to | 7 | | attract and retain eligible behavioral health care | 8 | | professionals in Designated Shortage Areas . The report shall | 9 | | include recommendations to improve that
ability.
| 10 | | The requirement for reporting to the General Assembly shall | 11 | | be satisfied
by filing copies of the report with the Speaker, | 12 | | the Minority Leader and
the Clerk of the House of | 13 | | Representatives and the President, the Minority
Leader and the | 14 | | Secretary of the Senate and the Legislative Research
Unit, as | 15 | | required by Section 3.1 of the General Assembly Organization | 16 | | Act,
and filing such additional copies with the State | 17 | | Government Report
Distribution Center for the General Assembly | 18 | | as is required under paragraph
(t) of Section 7 of the State | 19 | | Library Act.
| 20 | | (Source: P.A. 86-965; 87-430; 87-633; 87-895.)
| 21 | | (110 ILCS 935/10.5 new) | 22 | | Sec. 10.5. Funding. Funding for family practice residency | 23 | | programs, scholarships to medical students and other | 24 | | behavioral health care professionals, and the loan repayment | 25 | | program for physicians, other primary care providers, and |
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| 1 | | eligible behavioral health care professionals shall not be | 2 | | diverted or diminished below fiscal year 2015 funding levels to | 3 | | fund behavioral health care programs. | 4 | | Section 15. The Nurses in Advancement Law is amended by | 5 | | changing Section 1-20 as follows:
| 6 | | (110 ILCS 970/1-20) (from Ch. 144, par. 2781-20)
| 7 | | Sec. 1-20. Scholarship requirements. It shall be lawful for | 8 | | any
organization to condition any loan or grant upon the | 9 | | recipient's executing
an agreement to commit not more than 5 | 10 | | years of his or her professional
career to the goals | 11 | | specifically outlined within the agreement including a
| 12 | | requirement that recipient practice nursing or medicine in | 13 | | specifically
designated practice and geographic areas.
| 14 | | Any agreement executed by an organization and any recipient | 15 | | of loan or grant
assistance shall contain a provision for | 16 | | liquidated damages to be paid for
any breach of any provision | 17 | | of the agreement, or any commitment
contained therein, together | 18 | | with attorney's fees and costs for the enforcement
thereof. Any | 19 | | such covenant shall be valid and enforceable in the courts of
| 20 | | this State as liquidated damages and shall not be considered a | 21 | | penalty,
provided that the provision for liquidated damages | 22 | | does not exceed $2,500 for
each year remaining for the | 23 | | performance of the agreement.
| 24 | | This Section shall not be construed as pertaining to or |
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| 1 | | limiting any
liquidated damages resulting from scholarships | 2 | | awarded under the Family
Practice and Behavioral Health | 3 | | Promotion Residency Act.
| 4 | | (Source: P.A. 92-651, eff. 7-11-02.)
| 5 | | Section 20. The Private Medical Scholarship Agreement Act | 6 | | is amended by changing Section 3 as follows:
| 7 | | (110 ILCS 980/3) (from Ch. 144, par. 2703)
| 8 | | Sec. 3.
Any such agreement executed by such an organization | 9 | | and any
recipient of loan, grant assistance or recommendation | 10 | | may contain a provision for
liquidated damages to be paid for | 11 | | any breach of any provision of the
agreement, or any commitment | 12 | | contained therein, together with attorney's fees and costs
for | 13 | | the enforcement thereof. Any such covenant shall be valid and
| 14 | | enforceable in the courts of this State as liquidated damages | 15 | | and shall not
be considered a penalty, provided that such | 16 | | provision for liquidated damages does not
exceed $2,500 for | 17 | | each year
remaining for the performance of such agreement.
| 18 | | This Section shall not be construed as pertaining to or | 19 | | limiting any
liquidated damages resulting from scholarships | 20 | | awarded under the " Family
Practice and Behavioral Health | 21 | | Promotion Residency Act ", as amended .
| 22 | | (Source: P.A. 86-999.)
| 23 | | Section 25. The Illinois Public Aid Code is amended by |
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| 1 | | changing Section 12-4.24a as follows:
| 2 | | (305 ILCS 5/12-4.24a) (from Ch. 23, par. 12-4.24a)
| 3 | | Sec. 12-4.24a.
Report and recommendations concerning | 4 | | designated
shortage area. The Illinois Department shall | 5 | | analyze payments made to
providers of medical services under | 6 | | Article V of
this Code to
determine whether any special | 7 | | compensatory standard should be applied to
payments to such | 8 | | providers in designated shortage areas as defined in
Section | 9 | | 3.04 of the Family Practice and Behavioral Health Promotion | 10 | | Residency Act , as now or hereafter
amended . The Illinois | 11 | | Department shall, not later than June 30, 1990,
report to the | 12 | | Governor and the General Assembly concerning the results of
its | 13 | | analysis, and may provide by rule for adjustments in its | 14 | | payment rates
to medical service providers in such areas.
| 15 | | (Source: P.A. 92-111, eff. 1-1-02.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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