Full Text of SB0447 101st General Assembly
SB0447sam001 101ST GENERAL ASSEMBLY | Sen. Rachelle Crowe Filed: 3/13/2019
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| 1 | | AMENDMENT TO SENATE BILL 447
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 447 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 Medical Education Assistance Family | 4 | | Practice 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 the title of the Act and Sections 1, 2, 3.03, 3.06, | 12 | | 3.07, 3.09, 4.01, 4.02, 4.07, 4.10, 4.11, 5, 6, and 9 as | 13 | | follows:
| 14 | | (110 ILCS 935/Act title)
| 15 | | An Act to provide grants for primary care and other family | 16 | | practice residency programs , and
medical student scholarships , | 17 | | and loan repayment assistance through the Illinois Department | 18 | | of Public Health.
| 19 | | (110 ILCS 935/1) (from Ch. 144, par. 1451)
| 20 | | Sec. 1.
This Act shall be known and may be cited as the | 21 | | Medical Education Assistance Act "Family Practice
Residency | 22 | | Act" .
| 23 | | (Source: P.A. 80-478.)
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| 1 | | (110 ILCS 935/2) (from Ch. 144, par. 1452)
| 2 | | Sec. 2.
The purpose of this Act is to establish programs in | 3 | | the
Illinois Department of Public Health to upgrade primary | 4 | | health care
services for all citizens of the State, to increase | 5 | | access, and to reduce health care disparities by providing | 6 | | grants to family
practice and preventive medicine residency | 7 | | programs, scholarships to
medical students, and a loan | 8 | | repayment program for physicians and other eligible health | 9 | | primary care providers who
will agree to practice in areas of | 10 | | the State demonstrating the greatest
need for more professional | 11 | | medical care. The programs shall encourage
family practice | 12 | | physicians and other eligible health care primary care | 13 | | providers to locate in areas where health manpower
shortages | 14 | | exist and to increase the total number of family practice
| 15 | | physicians and other eligible health care primary care | 16 | | providers 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 created by this Act.
| 21 | | (Source: P.A. 80-478.)
| 22 | | (110 ILCS 935/3.06) (from Ch. 144, par. 1453.06)
| 23 | | Sec. 3.06.
" Residency Family practice residency program" |
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| 1 | | means a program
accredited by the Accreditation Council for | 2 | | Graduate Medical Education ,
or the Committee on Postdoctoral | 3 | | Training of the American Osteopathic
Association.
| 4 | | (Source: P.A. 84-1341.)
| 5 | | (110 ILCS 935/3.07) (from Ch. 144, par. 1453.07)
| 6 | | Sec. 3.07.
"Eligible medical student" means a person who | 7 | | meets all of
the following qualifications:
| 8 | | (a) he or she is an Illinois resident at the time of | 9 | | application for
a scholarship under the program | 10 | | established by this Act;
| 11 | | (b) he or she is studying medicine in a medical school | 12 | | located in
Illinois;
| 13 | | (c) he or she exhibits financial need as determined by | 14 | | the
Department; and
| 15 | | (d) he or she agrees to practice full-time in a | 16 | | Designated
Shortage Area as a primary care physician , | 17 | | general surgeon, emergency medicine physician, | 18 | | obstetrician, or psychiatrist one year for each year he or | 19 | | she
is a scholarship recipient.
| 20 | | (Source: P.A. 84-1341.)
| 21 | | (110 ILCS 935/3.09) | 22 | | Sec. 3.09. Eligible health care provider primary care | 23 | | providers . "Eligible health care provider primary care | 24 | | providers " means a primary care physician, general surgeon, |
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| 1 | | emergency medicine physician, obstetrician, or psychiatrist | 2 | | health care providers within specialties determined to be | 3 | | eligible by the U.S. Health Resources and Services | 4 | | Administration for the National Health Service Corps Loan | 5 | | Repayment Program .
| 6 | | (Source: P.A. 98-674, eff. 6-30-14.)
| 7 | | (110 ILCS 935/4.01) (from Ch. 144, par. 1454.01)
| 8 | | Sec. 4.01.
To allocate funds to family practice residency | 9 | | programs
according to the following priorities:
| 10 | | (a) to increase the number of eligible health care | 11 | | providers family practice physicians in
Designated | 12 | | Shortage Areas;
| 13 | | (b) (blank); to increase the percentage of | 14 | | obstetricians establishing practice
within the State upon | 15 | | completion of residency;
| 16 | | (c) to increase the number of accredited , eligible | 17 | | health care provider family practice residencies
within | 18 | | the State;
| 19 | | (d) to increase the percentage of eligible health care | 20 | | providers family practice physicians
establishing practice | 21 | | within the State upon completion of residency; and
| 22 | | (e) to provide funds for rental of office space, | 23 | | purchase of equipment ,
and other uses necessary to enable | 24 | | eligible health care providers family practitioners to | 25 | | locate their
practices in communities located in |
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| 1 | | designated shortage areas.
| 2 | | (Source: P.A. 86-1384.)
| 3 | | (110 ILCS 935/4.02) (from Ch. 144, par. 1454.02)
| 4 | | Sec. 4.02.
To determine the procedures for the distribution | 5 | | of the
funds to family practice residency programs, including | 6 | | the establishment
of eligibility criteria in accordance with | 7 | | the following guidelines:
| 8 | | (a) preference for programs which are to be established | 9 | | at locations
which exhibit potential for extending | 10 | | eligible health care provider family practice physician
| 11 | | availability to Designated Shortage Areas;
| 12 | | (b) preference for programs which are located away from | 13 | | communities
in which medical schools are located; and
| 14 | | (c) preference for programs located in hospitals | 15 | | having affiliation
agreements with medical schools located | 16 | | within the State.
| 17 | | In distributing such funds, the Department may also | 18 | | consider as secondary
criteria whether a family practice | 19 | | residency program has:
| 20 | | (1) Adequate courses of instruction in the behavioral | 21 | | sciences;
| 22 | | (2) Availability and systematic utilization of | 23 | | opportunities for residents
to gain experience through | 24 | | local health departments or other preventive
or | 25 | | occupational medical facilities;
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| 1 | | (3) A continuing program of community-oriented | 2 | | research in such areas
as risk factors in community | 3 | | populations, immunization levels, environmental
hazards, | 4 | | or occupational hazards;
| 5 | | (4) Sufficient mechanisms for maintenance of quality | 6 | | training, such as
peer review, systematic progress | 7 | | reviews, referral system, and maintenance
of adequate | 8 | | records; and
| 9 | | (5) An appropriate course of instruction in societal, | 10 | | institutional , and
economic conditions affecting a rural | 11 | | health care family practice.
| 12 | | (Source: P.A. 81-321.)
| 13 | | (110 ILCS 935/4.07) (from Ch. 144, par. 1454.07)
| 14 | | Sec. 4.07.
To coordinate the family residency grants | 15 | | program
established under this Act with the program | 16 | | administered by the Illinois
Board of Higher Education under | 17 | | the " Health Services Education Grants
Act " .
| 18 | | (Source: P.A. 80-478.)
| 19 | | (110 ILCS 935/4.10) (from Ch. 144, par. 1454.10)
| 20 | | Sec. 4.10.
To establish programs, and the criteria for such | 21 | | programs,
for the repayment of the educational loans of primary | 22 | | care physicians and other eligible health primary care | 23 | | providers who
agree to serve in Designated Shortage Areas for a | 24 | | specified period of time,
no less than 2 years. Payments under |
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| 1 | | this program may be made for the
principal, interest , and | 2 | | related expenses of government and
commercial loans received by | 3 | | the individual for tuition expenses, and all other
reasonable | 4 | | educational expenses incurred by the individual. Payments made | 5 | | under this
provision shall be exempt from Illinois State Income | 6 | | Tax. The Department may use tobacco settlement recovery funding | 7 | | or other available funding to implement this Section.
| 8 | | (Source: P.A. 98-674, eff. 6-30-14.)
| 9 | | (110 ILCS 935/4.11) (from Ch. 144, par. 1454.11)
| 10 | | Sec. 4.11.
To require family practice residency programs | 11 | | seeking
grants under this Act to make application according to | 12 | | procedures
consistent with the priorities and guidelines | 13 | | established in Sections
4.01 and 4.02 of this Act.
| 14 | | (Source: P.A. 80-478.)
| 15 | | (110 ILCS 935/5) (from Ch. 144, par. 1455)
| 16 | | Sec. 5.
The Advisory Committee for Family Practice | 17 | | Residency Programs
is created and shall consult with the | 18 | | Director in the administration of
this Act. The Committee shall | 19 | | consist of 9 members
appointed by the Director, 4 of whom shall | 20 | | be eligible health care providers family practice
physicians , | 21 | | one of whom shall be the dean or associate or deputy dean of a
| 22 | | medical school in this
State, and 4 of whom shall be | 23 | | representatives of the general public.
Terms of membership | 24 | | shall be 4 years. Initial appointments by the
Director shall be |
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| 1 | | staggered, with 4 appointments terminating January 31,
1979 and | 2 | | 4 terminating January 31, 1981. Each member shall continue to
| 3 | | serve after the expiration of his term until his successor has | 4 | | been
appointed. No person shall serve more than 2 terms. | 5 | | Vacancies shall be
filled by appointment for the unexpired term | 6 | | of any member in the same
manner as the vacant position had | 7 | | been filled. The Committee shall
select from its members a | 8 | | chairman from among the eligible health care provider family | 9 | | practice
physician members, and such other officers as may be | 10 | | required. The
Committee shall meet as frequently as the | 11 | | Director deems necessary, but
not less than once each year. The | 12 | | Committee members shall receive no
compensation but shall be | 13 | | reimbursed for actual expenses incurred in
carrying out their | 14 | | duties.
| 15 | | (Source: P.A. 92-635, eff. 7-11-02.)
| 16 | | (110 ILCS 935/6) (from Ch. 144, par. 1456)
| 17 | | Sec. 6.
Residency Family practice residency programs | 18 | | seeking funds under this
Act shall make application to the | 19 | | Department. The application shall
include evidence of local | 20 | | support for the program, either in the form of
funds, services , | 21 | | or other resources. The ratio of State support to local
support | 22 | | shall be determined by the Department in a manner that is
| 23 | | consistent with the purpose of this Act as stated in Section 2 | 24 | | of this
Act. In establishing such ratio of State to local | 25 | | support , the Department
may vary the amount of the required |
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| 1 | | local support depending upon the
criticality of the need for | 2 | | more professional health care services and , the
geographic | 3 | | location and the economic base of the Designated Shortage
Area.
| 4 | | (Source: P.A. 80-478.)
| 5 | | (110 ILCS 935/9) (from Ch. 144, par. 1459)
| 6 | | Sec. 9.
The Department shall annually report to the General | 7 | | Assembly
and the Governor the results and progress of the | 8 | | programs established by
this Act on or before March 15th.
| 9 | | The annual report to the General Assembly and the Governor | 10 | | shall include
the impact of programs established under this Act | 11 | | on the ability of
designated shortage areas to attract and | 12 | | retain eligible physicians and other health
care providers | 13 | | personnel . The report shall include recommendations to improve | 14 | | that
ability.
| 15 | | The requirement for reporting to the General Assembly shall | 16 | | be satisfied
by filing copies of the report as required by | 17 | | Section 3.1 of the General Assembly Organization Act,
and | 18 | | filing such additional copies with the State Government Report
| 19 | | Distribution Center for the General Assembly as is required | 20 | | under paragraph
(t) of Section 7 of the State Library Act.
| 21 | | (Source: P.A. 100-1148, eff. 12-10-18.)
| 22 | | (110 ILCS 935/7 rep.) | 23 | | Section 15. The Family Practice Residency Act is amended by | 24 | | repealing Section 7. |
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| 1 | | Section 20. The Nurses in Advancement Law is amended by | 2 | | changing Section 1-20 as follows:
| 3 | | (110 ILCS 970/1-20) (from Ch. 144, par. 2781-20)
| 4 | | Sec. 1-20. Scholarship requirements. It shall be lawful for | 5 | | any
organization to condition any loan or grant upon the | 6 | | recipient's executing
an agreement to commit not more than 5 | 7 | | years of his or her professional
career to the goals | 8 | | specifically outlined within the agreement including a
| 9 | | requirement that recipient practice nursing or medicine in | 10 | | specifically
designated practice and geographic areas.
| 11 | | Any agreement executed by an organization and any recipient | 12 | | of loan or grant
assistance shall contain a provision for | 13 | | liquidated damages to be paid for
any breach of any provision | 14 | | of the agreement, or any commitment
contained therein, together | 15 | | with attorney's fees and costs for the enforcement
thereof. Any | 16 | | such covenant shall be valid and enforceable in the courts of
| 17 | | this State as liquidated damages and shall not be considered a | 18 | | penalty,
provided that the provision for liquidated damages | 19 | | does not exceed $2,500 for
each year remaining for the | 20 | | performance of the agreement.
| 21 | | This Section shall not be construed as pertaining to or | 22 | | limiting any
liquidated damages resulting from scholarships | 23 | | awarded under the Medical Education Assistance Family
Practice | 24 | | Residency Act.
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| 1 | | (Source: P.A. 92-651, eff. 7-11-02.)
| 2 | | Section 25. The Private Medical Scholarship Agreement Act | 3 | | is amended by changing Section 3 as follows:
| 4 | | (110 ILCS 980/3) (from Ch. 144, par. 2703)
| 5 | | Sec. 3.
Any such agreement executed by such an organization | 6 | | and any
recipient of loan, grant assistance or recommendation | 7 | | may contain a provision for
liquidated damages to be paid for | 8 | | any breach of any provision of the
agreement, or any commitment | 9 | | contained therein, together with attorney's fees and costs
for | 10 | | the enforcement thereof. Any such covenant shall be valid and
| 11 | | enforceable in the courts of this State as liquidated damages | 12 | | and shall not
be considered a penalty, provided that such | 13 | | provision for liquidated damages does not
exceed $2,500 for | 14 | | each year
remaining for the performance of such agreement.
| 15 | | This Section shall not be construed as pertaining to or | 16 | | limiting any
liquidated damages resulting from scholarships | 17 | | awarded under the Medical Education Assistance "Family
| 18 | | Practice Residency Act ", as amended .
| 19 | | (Source: P.A. 86-999.)
| 20 | | Section 30. The Illinois Public Aid Code is amended by | 21 | | changing Section 12-4.24a as follows:
| 22 | | (305 ILCS 5/12-4.24a) (from Ch. 23, par. 12-4.24a)
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| 1 | | Sec. 12-4.24a.
Report and recommendations concerning | 2 | | designated
shortage area. The Illinois Department shall | 3 | | analyze payments made to
providers of medical services under | 4 | | Article V of
this Code to
determine whether any special | 5 | | compensatory standard should be applied to
payments to such | 6 | | providers in designated shortage areas as defined in
Section | 7 | | 3.04 of the Medical Education Assistance Family Practice | 8 | | Residency Act , as now or hereafter
amended . The Illinois | 9 | | Department shall, not later than June 30, 1990,
report to the | 10 | | Governor and the General Assembly concerning the results of
its | 11 | | analysis, and may provide by rule for adjustments in its | 12 | | payment rates
to medical service providers in such areas.
| 13 | | (Source: P.A. 92-111, eff. 1-1-02.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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