Full Text of SB0244 095th General Assembly
SB0244enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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| WHEREAS, The 94th General Assembly funded a study by the | 3 |
| Lewin Group, "An Evaluation of Illinois' 'Certificate of Need' | 4 |
| Program", which recommended that "... the Illinois legislature | 5 |
| move forward to continue the 'Certificate-of-Need' program | 6 |
| with an abundance of caution...". Given the potential for harm | 7 |
| to specific critical elements of the health care system, | 8 |
| non-traditional arguments for maintaining | 9 |
| "Certificate-of-Need" laws deserve consideration, until the | 10 |
| evidence on the impact that specialty providers and ambulatory | 11 |
| surgery centers may have on safety-net providers and services | 12 |
| can be better quantified. In response to the Lewin analysis and | 13 |
| additional concerns regarding health planning in Illinois, the | 14 |
| 95th General Assembly enacted Senate Bill 611 (Public Act | 15 |
| 95-0001) that extended the "sunset" date of the Illinois Health | 16 |
| Facilities Planning Act from April 1, 2007 to May 31, 2007 so | 17 |
| that interested parties could agree on a strategy to further | 18 |
| extend the "sunset" date, and develop a more comprehensive | 19 |
| reform agenda; therefore | 20 |
| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Health Facilities Planning Act is | 23 |
| amended by changing Section 19.6 and by adding Sections 12.5 |
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| and 15.5 as follows: | 2 |
| (20 ILCS 3960/12.5 new)
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| Sec. 12.5. Update existing bed inventory and associated bed | 4 |
| need projections. While the Task Force on Health Planning | 5 |
| Reform will make long-term recommendations related to the | 6 |
| method and formula for calculating the bed inventory and | 7 |
| associated bed need projections, there is a current need for | 8 |
| the bed inventory to be updated prior to the issuance of the | 9 |
| recommendations of the Task Force. Therefore, the State Agency | 10 |
| shall immediately update the existing bed inventory and | 11 |
| associated bed need projections required by Sections 12 and | 12 |
| 12.3 of this Act, using the most recently published historical | 13 |
| utilization data, 10-year population projections, and an | 14 |
| appropriate migration factor for the medical-surgical and | 15 |
| pediatric category of service which shall be no less than 50%. | 16 |
| The State Agency shall provide written documentation providing | 17 |
| the methodology and rationale used to determine the appropriate | 18 |
| migration factor. | 19 |
| (20 ILCS 3960/15.5 new) | 20 |
| Sec. 15.5. Task Force on Health Planning Reform. | 21 |
| (a) The Task Force on Health Planning Reform is created. | 22 |
| (b) The Task Force shall consist of 19 voting members, as | 23 |
| follows: 6 persons, who are not currently employed by a State | 24 |
| agency, appointed by the Director of Public Health, 3 of whom |
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| shall be persons with knowledge and experience in the delivery | 2 |
| of health care services, including at least one person | 3 |
| representing organized health service workers, 2 of whom shall | 4 |
| be persons with professional experience in the administration | 5 |
| or management of health care facilities, and one of whom shall | 6 |
| be a person with experience in health planning; 2 members of | 7 |
| the Illinois Senate appointed by the President of the Senate, | 8 |
| one of whom shall be a co-chair to the Task Force; 2 members of | 9 |
| the Illinois Senate appointed by the Senate Minority Leader; 2 | 10 |
| members of the Illinois House of Representatives appointed by | 11 |
| the Speaker of the House of Representatives, one of whom shall | 12 |
| be a co-chair to the Task Force; 2 members of the Illinois | 13 |
| House of Representatives appointed by the House Minority | 14 |
| Leader; the Attorney General, or his or her designee; and 4 | 15 |
| members of the general public, representing health care | 16 |
| consumers, appointed by the Attorney General of Illinois.
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| The following persons, or their designees, shall serve, ex | 18 |
| officio, as nonvoting members of the Task Force: the Director | 19 |
| of Public Health, the Secretary of the Illinois Health | 20 |
| Facilities Planning Board, the Director of Healthcare and | 21 |
| Family Services, the Secretary of Human Services, and the | 22 |
| Director of the Governor's Office of Management and Budget.
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| Members shall serve without compensation, but may be | 24 |
| reimbursed for their expenses in relation to duties on the Task | 25 |
| Force.
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| A vote of 12 members appointed to the Task Force is |
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| required with respect to the adoption of recommendations to the | 2 |
| Governor and General Assembly and the final report required by | 3 |
| this Section. | 4 |
| (c) The Task Force shall gather information and make | 5 |
| recommendations relating to at least the following topics in | 6 |
| relation to the Illinois Health Facilities Planning Act:
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| (1) The impact of health planning on the provision of | 8 |
| essential and accessible health care services; prevention | 9 |
| of unnecessary duplication of facilities and services; | 10 |
| improvement in the efficiency of the health care system; | 11 |
| maintenance of an environment in the health care system | 12 |
| that supports quality care; the most economic use of | 13 |
| available resources; and the effect of repealing this Act. | 14 |
| (2) Reform of the Illinois Health Facilities Planning | 15 |
| Board to enable it to undertake a more active role in | 16 |
| health planning to provide guidance in the development of | 17 |
| services to meet the health care needs of Illinois, | 18 |
| including identifying and recommending initiatives to meet | 19 |
| special needs. | 20 |
| (3) Reforms to ensure that health planning under the | 21 |
| Illinois Health Facilities Planning Act is coordinated | 22 |
| with other health planning laws and activities of the | 23 |
| State. | 24 |
| (4) Reforms that will enable the Illinois Health | 25 |
| Facilities Planning Board to focus most of its project | 26 |
| review efforts on "Certificate-of-Need" applications |
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| involving new facilities, discontinuation of services, | 2 |
| major expansions, and volume-sensitive services, and to | 3 |
| expedite review of other projects to the maximum extent | 4 |
| possible. | 5 |
| (5) Reforms that will enable the Illinois Health | 6 |
| Facilities Planning Board to determine how criteria, | 7 |
| standards, and procedures for evaluating project | 8 |
| applications involving specialty providers, ambulatory | 9 |
| surgical facilities, and other alternative health care | 10 |
| models should be amended to give special attention to the | 11 |
| impact of those projects on traditional community | 12 |
| hospitals to assure the availability and access to | 13 |
| essential quality medical care in those communities. | 14 |
| (6) Implementation of policies and procedures | 15 |
| necessary for the Illinois Health Facilities Planning | 16 |
| Board to give special consideration to the impact of the | 17 |
| projects it reviews on access to "safety net" services. | 18 |
| (7) Changes in policies and procedures to make the | 19 |
| Illinois health facilities planning process predictable, | 20 |
| transparent, and as efficient as possible; requiring the | 21 |
| State Agency (the Illinois Department of Public Health) and | 22 |
| the Illinois Health Facilities Planning Board to provide | 23 |
| timely and appropriate explanations of its decisions and | 24 |
| establish more effective procedures to enable public | 25 |
| review and comment on facts set forth in State Agency staff | 26 |
| analyses of project applications prior to the issuance of |
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| final decisions on each project. | 2 |
| (8) Reforms to ensure that patient access to new and | 3 |
| modernized services will not be delayed during a transition | 4 |
| period under any proposed system reform; and that the | 5 |
| transition should minimize disruption of the process for | 6 |
| current applicants. | 7 |
| (9) Identification of the resources necessary to | 8 |
| support the work of the Agency and the Board.
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| (d) The Task Force shall recommend reforms regarding the | 10 |
| following:
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| (1) The size and membership of current Illinois Health | 12 |
| Facilities Planning Board. Review and make recommendations | 13 |
| on the reorganization of the structure and function of the | 14 |
| Illinois Health Facilities Planning Board and the State | 15 |
| Agency responsible for health planning (the Illinois | 16 |
| Department of Public Health), giving consideration to | 17 |
| various options for reassigning the primary responsibility | 18 |
| for the review, approval, and denial of project | 19 |
| applications between the Board and the State Agency, so | 20 |
| that the "Certificate-of-Need" process is administered in | 21 |
| the most effective, efficient, and consistent manner | 22 |
| possible in accordance with the objectives referenced in | 23 |
| subsection (c) of this Section. | 24 |
| (2) Changes in policies and procedures that will charge | 25 |
| the Illinois Health Facilities Planning Board with | 26 |
| developing a long-range health facilities plan (10 years) |
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| to be updated at least every 2 years, so that it is a | 2 |
| rolling 10-year plan based upon data no older than 2 years. | 3 |
| The plan should incorporate an inventory of the State's | 4 |
| health facilities infrastructure including both facilities | 5 |
| and services regulated under this Act, as well as | 6 |
| facilities and services that are not currently regulated | 7 |
| under this Act, as determined by the Board. The planning | 8 |
| criteria and standards should be adjusted to take into | 9 |
| consideration services that are regulated under the Act, | 10 |
| but are also offered by non-regulated providers. The | 11 |
| Illinois Department of Public Health bed inventory should | 12 |
| be updated each year using the most recent utilization data | 13 |
| for both hospitals and long-term care facilities including | 14 |
| 2003, 2004, 2005 and subsequent-year inpatient discharges | 15 |
| and days. This revised bed supply should be used as the bed | 16 |
| supply input for all Planning Area bed-need calculations. | 17 |
| Ten-year population projection data should be incorporated | 18 |
| into the plan. Plan updates may include redrawing planning | 19 |
| area boundaries to reflect population changes. The Task | 20 |
| Force shall consider whether the inventory formula should | 21 |
| use migration factors for the medical/surgical, | 22 |
| pediatrics, obstetrics, and other categories of service, | 23 |
| and if so, what those migration factors should be. The | 24 |
| Board should hold public hearings on the plan and its | 25 |
| updates. There should be a mechanism for the public to | 26 |
| request that the plan be updated more frequently to address |
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| emerging population and demographic trends. In developing | 2 |
| the plan, the Board should consider health plans and other | 3 |
| related publications that have been developed both in | 4 |
| Illinois and nationally. In developing the plan, the need | 5 |
| to ensure access to care, especially for "safety net" | 6 |
| services, including rural and medically underserved | 7 |
| communities, should be included. | 8 |
| (3) Changes in regulations that establish separate | 9 |
| criteria, standards, and procedures when necessary to | 10 |
| adjust for structural, functional, and operational | 11 |
| differences between long-term care facilities and acute | 12 |
| care facilities and that allow routine changes of | 13 |
| ownership, facility sales, and closure requests to be | 14 |
| processed on a timely basis. Consider rules to allow | 15 |
| flexibility for facilities to modernize, expand, or | 16 |
| convert to alternative uses that are in accord with health | 17 |
| planning standards. | 18 |
| (4) Changes in policies and procedures so that the | 19 |
| Illinois Health Facilities Planning Board updates the | 20 |
| standards and criteria on a regular basis and proposes new | 21 |
| standards to keep pace with the evolving health care | 22 |
| delivery system. Proton Therapy and Treatment is an example | 23 |
| of a new, cutting-edge procedure that may require the Board | 24 |
| to immediately develop criteria, standards, and procedures | 25 |
| for that type of facility. Temporary advisory committees | 26 |
| may be appointed to assist in the development of revisions |
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| to the Board's standards and criteria, including experts | 2 |
| with professional competence in the subject matter of the | 3 |
| proposed standards or criteria that are to be developed. | 4 |
| (5) Changes in policies and procedures to expedite | 5 |
| project approval, particularly for less complex projects, | 6 |
| including standards for determining whether a project is in | 7 |
| "substantial compliance" with the Board's review | 8 |
| standards. The review standards must include a requirement | 9 |
| for applicants to include a "Safety Net" Impact Statement. | 10 |
| This Statement shall describe the project's impact on | 11 |
| safety net services in the community. The State Agency | 12 |
| Report shall include an assessment of the Statement. | 13 |
| (6) Changes to enforcement processes and compliance | 14 |
| standards to ensure they are fair and consistent with the | 15 |
| severity of the violation. | 16 |
| (7) Revisions in policies and procedures to prevent | 17 |
| conflicts of interest by members of the Illinois Health | 18 |
| Facilities Planning Board and State Agency staff, | 19 |
| including increasing the penalties for violations.
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| (8) Other changes determined necessary to improve the | 21 |
| administration of this Act.
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| (e) The State Agency, at the direction of the Task Force, | 23 |
| may hire any necessary staff or consultants, enter into | 24 |
| contracts, and make any expenditures necessary for carrying out | 25 |
| the duties of the Task Force, all out of moneys appropriated | 26 |
| for that purpose. Staff support services shall be provided to |
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| the Task Force by the State Agency from such appropriations. | 2 |
| (f) The Task Force may establish any advisory committee to | 3 |
| ensure maximum public participation in the Task Force's | 4 |
| planning, organization, and implementation review process. If | 5 |
| established, advisory committees shall (i) advise and assist | 6 |
| the Task Force in its duties and (ii) help the Task Force to | 7 |
| identify issues of public concern. | 8 |
| (g) The Task Force shall submit findings and | 9 |
| recommendations to the Governor and the General Assembly by | 10 |
| March 1, 2008, including any necessary implementing | 11 |
| legislation, and recommendations for changes to policies, | 12 |
| rules, or procedures that are not incorporated in the | 13 |
| implementing legislation. | 14 |
| (h) The Task Force is abolished on August 1, 2008.
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| (20 ILCS 3960/19.6)
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| (Section scheduled to be repealed on May 31, 2007)
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| Sec. 19.6. Repeal. This Act is repealed on August 31, 2008
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| May 31, 2007 .
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| (Source: P.A. 94-983, eff. 6-30-06; 95-1, eff. 3-30-07.)
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law. |
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