Full Text of HB0494 095th General Assembly
HB0494eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| WHEREAS, The General Assembly finds and recognizes that | 3 |
| there is a shortage of psychiatrists in designated shortage | 4 |
| areas within this State; therefore | 5 |
| 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 1. Short title. This Act may be cited as the | 8 |
| Psychiatry Practice Incentive Act. | 9 |
| Section 5. Purpose. The purpose of this Act is to establish | 10 |
| a program in the Department of Public Health to ensure access | 11 |
| to psychiatric health care services for all citizens of the | 12 |
| State, by establishing programs of grants, loans, and loan | 13 |
| forgiveness to recruit and retain psychiatric service | 14 |
| providers in designated areas of the State for physicians who | 15 |
| will agree to establish and maintain psychiatric practice in | 16 |
| areas of the State demonstrating the greatest need for more | 17 |
| psychiatric care. The program shall encourage licensed | 18 |
| psychiatrists to locate in areas where shortages exist and to | 19 |
| increase the total number of such physicians in the State. | 20 |
| Section 10. Definitions. In this Act, unless the context | 21 |
| otherwise requires: |
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| "Department" means the Department of Public Health. | 2 |
| "Director" means the Director of Public Health. | 3 |
| "Designated shortage area" means an area designated by the | 4 |
| Director as a psychiatric or mental health physician shortage | 5 |
| area, as defined by the United States Department of Health and | 6 |
| Human Services or as further defined by the Department to | 7 |
| enable it to effectively fulfill the purpose stated in Section | 8 |
| 5 of this Act. Such areas may include the following: | 9 |
| (1) an urban or rural area that is a rational area for | 10 |
| the delivery of health services;
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| (2) a population group; or
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| (3) a public or nonprofit private medical facility.
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| "Eligible medical student" means a person who meets all of | 14 |
| the following qualifications: | 15 |
| (1) He or she is an Illinois resident at the time of | 16 |
| application for assistance under the program established | 17 |
| by this Act.
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| (2) He or she is studying medicine in a medical school | 19 |
| located in Illinois.
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| (3) He or she exhibits financial need, as determined by | 21 |
| the Department.
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| (4) He or she agrees to practice full time in a | 23 |
| designated shortage area as a psychiatrist for one year for | 24 |
| each year that he or she receives assistance under this | 25 |
| Act.
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| "Medical facility" means a facility for the delivery of |
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| health services. "Medical facility" includes a hospital, State | 2 |
| mental health institution, public health center, outpatient | 3 |
| medical facility, rehabilitation facility, long-term care | 4 |
| facility, federally-qualified health center, migrant health | 5 |
| center, a community health center, or a State correctional | 6 |
| institution. | 7 |
| "Psychiatric physician" means a person licensed to | 8 |
| practice medicine in all of its branches under the Medical | 9 |
| Practice Act of 1987 with board eligibility or certification in | 10 |
| the specialty of psychiatry, as defined by recognized standards | 11 |
| of professional medical practice. | 12 |
| "Psychiatric practice residency program" means a program | 13 |
| accredited by the Residency Review Committee for Psychiatry of | 14 |
| the Accreditation Council for Graduate Medical Education or the | 15 |
| American Osteopathic Association. | 16 |
| Section 15. Powers and duties of the Department. The | 17 |
| Department shall have all of the following powers and duties: | 18 |
| (1) To allocate funds to psychiatric practice | 19 |
| residency and child and adolescent fellowship programs | 20 |
| according to the following priorities:
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| (A) to increase the number of psychiatric | 22 |
| physicians in designated shortage areas;
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| (B) to increase the percentage of psychiatric | 24 |
| physicians establishing practice within the State upon | 25 |
| completion of residency;
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| (C) to increase the number of accredited | 2 |
| psychiatric practice residencies within the State; and
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| (D) to increase the percentage of psychiatric | 4 |
| practice physicians establishing practice within the | 5 |
| State upon completion of residency. | 6 |
| (2) To determine the procedures for the distribution of | 7 |
| the funds to psychiatric residency programs, including the | 8 |
| establishment of eligibility criteria in accordance with | 9 |
| the following guidelines: | 10 |
| (A) preference for programs that are to be | 11 |
| established at locations that exhibit potential for | 12 |
| extending psychiatric practice physician availability | 13 |
| to designated shortage areas;
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| (B) preference for programs that are located away | 15 |
| from communities in which medical schools are located; | 16 |
| and
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| (C) preference for programs located in hospitals | 18 |
| that have affiliation agreements with medical schools | 19 |
| located within the State.
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| In distributing such funds, the Department may also | 21 |
| consider as secondary criteria whether or not a psychiatric | 22 |
| practice residency program has (i) adequate courses of | 23 |
| instruction in the child and adolescent behavioral | 24 |
| disorder sciences;
(ii) availability and systematic | 25 |
| utilization of opportunities for residents to gain | 26 |
| experience through local health departments, community |
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| mental health centers, or other preventive or occupational | 2 |
| medical facilities;
(iii) a continuing program of | 3 |
| community oriented research in such areas as risk factors | 4 |
| in community populations;
(iv) sufficient mechanisms for | 5 |
| maintenance of quality training, such as peer review, | 6 |
| systematic progress reviews, referral system, and | 7 |
| maintenance of adequate records; and
(v) an appropriate | 8 |
| course of instruction in societal, institutional, and | 9 |
| economic conditions affecting psychiatric practice. | 10 |
| (3) To receive and disburse federal funds in accordance | 11 |
| with the purpose stated in Section 5 of this Act. | 12 |
| (4) To enter into contracts or agreements with any | 13 |
| agency or department of this State or the United States to | 14 |
| carry out the provisions of this Act. | 15 |
| (5) To coordinate the psychiatric residency grants | 16 |
| program established under this Act with other student | 17 |
| assistance and residency programs administered by the | 18 |
| Department and the Board of Higher Education under the | 19 |
| Health Services Education Grants Act, including, but not be | 20 |
| limited to, the establishment of criteria, standards and | 21 |
| procedures that enable a person who has qualified and | 22 |
| received assistance under the Family Practice Residency | 23 |
| Act to receive credit under that Act for any additional | 24 |
| training in the specialty of psychiatry recognized under | 25 |
| this Act and who practices as a psychiatrist in a | 26 |
| designated shortage area. Creditable training and practice |
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| under this Act shall be considered sufficient evidence in | 2 |
| meeting the service obligations under the Family Practice | 3 |
| Residency Act. | 4 |
| (6) To design and coordinate a study for the purpose of | 5 |
| assessing the characteristics of practice resulting from | 6 |
| the psychiatric practice residency programs including, but | 7 |
| not limited to, information regarding the nature and scope | 8 |
| of practices, location of practices, years of active | 9 |
| practice following completion of residency and other | 10 |
| information deemed necessary for the administration of | 11 |
| this Act. | 12 |
| (7) To establish a program, and the criteria for such | 13 |
| program, for the repayment of the educational loans of | 14 |
| physicians who agree to serve in designated shortage areas | 15 |
| for a specified period of time, no less than 3 years. | 16 |
| Payments under this program may be made for the principal, | 17 |
| interest, and related expenses of government and | 18 |
| commercial loans received by the individual for tuition | 19 |
| expenses and all other reasonable educational expenses | 20 |
| incurred by the individual. Payments made under this | 21 |
| provision are exempt from State income tax, as provided by | 22 |
| law. | 23 |
| (8) To require psychiatric practice residency programs | 24 |
| seeking grants under this Act to make application according | 25 |
| to procedures consistent with the priorities and | 26 |
| guidelines established in items (1) and (2) of this |
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| Section. | 2 |
| (9) To adopt rules and regulations that are necessary | 3 |
| for the establishment and maintenance of the programs | 4 |
| required by this Act. | 5 |
| Section 20. Application requirement; ratio of State | 6 |
| support to local support. Residency programs seeking funds | 7 |
| under this Act must make application to the Department. The | 8 |
| application shall include evidence of local support for the | 9 |
| program, either in the form of funds, services, or other | 10 |
| resources. The ratio of State support to local support shall be | 11 |
| determined by the Department in a manner that is consistent | 12 |
| with the purposes of this Act, as set forth in Section 5 of | 13 |
| this Act. In establishing such ratio of State support to local | 14 |
| support, the Department may vary the amount of the required | 15 |
| local support depending upon the criticality of the need for | 16 |
| more professional health care services, the geographic | 17 |
| location, and the economic base of the designated shortage | 18 |
| area. | 19 |
| Section 25. Study participation. Residency programs | 20 |
| qualifying for grants under this Act shall participate in the | 21 |
| study required in item (6) of Section 15 of this Act. | 22 |
| Section 30. Illinois Administrative Procedure Act. The | 23 |
| Illinois Administrative Procedure Act is hereby expressly |
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| adopted and incorporated herein as if all of the provisions of | 2 |
| such Act were included in this Act. | 3 |
| Section 35. Annual report. The Department shall annually | 4 |
| report to the General Assembly and the Governor the results and | 5 |
| progress of all programs established under this Act on or | 6 |
| before March 15.
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| The annual report to the General Assembly and the Governor | 8 |
| must include the impact of programs established under this Act | 9 |
| on the ability of designated shortage areas to attract and | 10 |
| retain physicians and other health care personnel. The report | 11 |
| shall include recommendations to improve that ability. | 12 |
| The requirement for reporting to the General Assembly shall | 13 |
| be satisfied by filing copies of the report with the Speaker, | 14 |
| the Minority Leader, and the Clerk of the House of | 15 |
| Representatives and the President, the Minority Leader and the | 16 |
| Secretary of the Senate and the Legislative Research Unit, as | 17 |
| required by Section 3.1 of the General Assembly Organization | 18 |
| Act, and by filing such additional copies with the State | 19 |
| Government Report Distribution Center for the General Assembly | 20 |
| as is required under paragraph (t) of Section 7 of the State | 21 |
| Library Act. | 22 |
| Section 40. Penalty for failure to fulfill obligation. Any | 23 |
| recipient of assistance under this Act who fails to fulfill his | 24 |
| or her obligation to practice full-time in a designated |
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| shortage area as a psychiatrist for one year for each year that | 2 |
| he or she is a recipient of assistance shall pay to the | 3 |
| Department a sum equal to 3 times the amount of the assistance | 4 |
| provided for each year that the recipient fails to fulfill such | 5 |
| obligation. A recipient of assistance who fails to fulfill his | 6 |
| or her practice obligation shall have 30 days after the date on | 7 |
| which that failure begins to enter into a contract with the | 8 |
| Department that sets forth the manner in which that sum is | 9 |
| required to be paid. The amounts paid to the Department under | 10 |
| this Section shall be deposited into the Community Health | 11 |
| Center Care Fund and shall be used by the Department to improve | 12 |
| access to primary health care services as authorized by | 13 |
| subsection (a) of Section 2310-200 of the Department of Public | 14 |
| Health Powers and Duties Law of the Civil Administrative Code | 15 |
| of Illinois (20 ILCS 2310/2310-200). | 16 |
| The Department may transfer to the Illinois Finance | 17 |
| Authority, into an account outside of the State treasury, | 18 |
| moneys in the Community Health Center Care Fund as needed, but | 19 |
| not to exceed an amount established by rule by the Department | 20 |
| to establish a reserve or credit enhancement escrow account to | 21 |
| support a financing program or a loan or equipment leasing | 22 |
| program to provide moneys to support the purposes of subsection | 23 |
| (a) of Section 2310-200 of the Department of Public Health | 24 |
| Powers and Duties Law of the Civil Administrative Code of | 25 |
| Illinois (20 ILCS 2310/2310-200). The disposition of moneys at | 26 |
| the conclusion of any financing program under this Section |
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| shall be determined by an interagency agreement. | 2 |
| Section 90. The Family Practice Residency Act is amended by | 3 |
| changing Section 10 as follows:
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| (110 ILCS 935/10) (from Ch. 144, par. 1460)
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| Sec. 10. (a) Scholarship recipients who fail to fulfill the
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| obligation described in subsection (d) of Section 3.07 of this
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| Act shall pay to the Department a sum equal to 3 times the | 8 |
| amount
of the annual scholarship grant for each year the
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| recipient fails to fulfill such obligation. A scholarship | 10 |
| recipient who
fails to fulfill the obligation described in | 11 |
| subsection (d) of Section 3.07
shall have 30 days from the date | 12 |
| on which that failure begins in which to enter
into a contract | 13 |
| with the Department that sets forth the manner in which that
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| sum is required to be paid. If the contract is not entered into | 15 |
| within that 30
day period or if the contract is entered into | 16 |
| but the required payments are not
made in the amounts and at | 17 |
| the times provided in the contract, the scholarship
recipient | 18 |
| also shall be required to pay to the Department interest at the | 19 |
| rate
of 9% per annum on the amount of that sum remaining due | 20 |
| and unpaid. The
amounts paid to the Department
under this | 21 |
| Section shall be deposited into the Community Health
Center | 22 |
| Care Fund and shall be used by the Department to improve
access | 23 |
| to primary health care services as authorized by subsection (a) | 24 |
| of
Section
2310-200 of the Department of Public Health Powers |
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| and
Duties
Law (20 ILCS 2310/2310-200).
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| (b) Any monetary penalties, including accumulated interest | 3 |
| fees, imposed under this Section after December 31, 1999 and | 4 |
| before the effective date of this amendatory Act of the 95th | 5 |
| General Assembly upon a scholarship recipient who has been | 6 |
| found by the Department to have failed to fulfill the | 7 |
| obligation set forth in subsection (d) of Section 3.07 of this | 8 |
| Act, but who has been practicing as a psychiatrist within a | 9 |
| Designated Shortage Area after December 31, 1999 and before the | 10 |
| effective date of this amendatory Act of the 95th General | 11 |
| Assembly, must be declared null and void by the Department, and | 12 |
| any payments made to the Department by the scholarship | 13 |
| recipient must be returned to that scholarship recipient within | 14 |
| a reasonable amount of time, as determined by the Department.
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| (c) The Department may transfer to the Illinois Finance
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| Authority,
into an account outside the State treasury,
moneys | 17 |
| in the
Community Health Center Care Fund as needed, but not to | 18 |
| exceed an amount
established, by rule, by the Department to | 19 |
| establish a reserve or credit
enhancement escrow account to | 20 |
| support a financing program or a loan or
equipment leasing | 21 |
| program to provide moneys to
support the purposes of subsection | 22 |
| (a) of Section 2310-200
of the Department of Public Health | 23 |
| Powers and Duties Law (20 ILCS
2310/2310-200).
The disposition | 24 |
| of moneys at the conclusion of any financing program under this
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| Section
shall be determined by an interagency agreement.
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| (Source: P.A. 93-205, eff. 1-1-04.)
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