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Public Act 096-1411 | ||||
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AN ACT concerning education.
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WHEREAS, The General Assembly finds and recognizes that | ||||
there is a shortage of psychiatrists in designated shortage | ||||
areas within this State; therefore | ||||
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 | ||||
Psychiatry Practice Incentive Act. | ||||
Section 5. Purpose. The purpose of this Act is to establish | ||||
a program in the Department of Public Health to ensure access | ||||
to psychiatric health care services for all citizens of the | ||||
State, by establishing programs of grants, loans, and loan | ||||
forgiveness to recruit and retain psychiatric service | ||||
providers in designated areas of the State for physicians who | ||||
will agree to establish and maintain psychiatric practice in | ||||
areas of the State demonstrating the greatest need for more | ||||
psychiatric care. The program shall encourage licensed | ||||
psychiatrists to locate in areas where shortages exist and to | ||||
increase the total number of such physicians in the State. | ||||
Section 10. Definitions. In this Act, unless the context | ||||
otherwise requires: |
"Department" means the Department of Public Health. | ||
"Director" means the Director of Public Health. | ||
"Designated shortage area" means an area designated by the | ||
Director as a psychiatric or mental health physician shortage | ||
area, as defined by the United States Department of Health and | ||
Human Services or as further defined by the Department to | ||
enable it to effectively fulfill the purpose stated in Section | ||
5 of this Act. Such areas may include the following: | ||
(1) an urban or rural area that is a rational area for | ||
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 | ||
the following qualifications: | ||
(1) He or she is an Illinois resident at the time of | ||
application for assistance under the program established | ||
by this Act.
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(2) He or she is studying medicine in a medical school | ||
located in Illinois.
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(3) He or she exhibits financial need, as determined by | ||
the Department.
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(4) He or she agrees to practice full time in a | ||
designated shortage area as a psychiatrist for one year for | ||
each year that he or she receives assistance under this | ||
Act.
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(5) He or she agrees to accept medical payments, as |
defined in this Act, and to serve targeted populations. | ||
"Medical facility" means a facility for the delivery of | ||
health services. "Medical facility" includes a hospital, State | ||
mental health institution, public health center, outpatient | ||
medical facility, rehabilitation facility, long-term care | ||
facility, federally-qualified health center, migrant health | ||
center, community health center, community mental health | ||
center, or State correctional institution. | ||
"Medical payments" means compensation provided to | ||
physicians for services rendered under Article V of the | ||
Illinois Public Aid Code. | ||
"Medically underserved area" means an urban or rural area | ||
designated by the Secretary of the United States Department of | ||
Health and Human Services as an area with a shortage of | ||
personal health services or as otherwise designated by the | ||
Department of Public Health. | ||
"Medically underserved population" means (i) the | ||
population of an urban or rural area designated by the | ||
Secretary of the United States Department of Health and Human | ||
Services as an area with a shortage of personal health | ||
services, (ii) a population group designated by the Secretary | ||
of the United States Department of Health and Human Services as | ||
having a shortage of personal health services, or (iii) as | ||
otherwise designated by the Department of Public Health. | ||
"Psychiatric physician" means a person licensed to | ||
practice medicine in all of its branches under the Medical |
Practice Act of 1987 with board eligibility or certification in | ||
the specialty of psychiatry, as defined by recognized standards | ||
of professional medical practice. | ||
"Psychiatric practice residency program" means a program | ||
accredited by the Residency Review Committee for Psychiatry of | ||
the Accreditation Council for Graduate Medical Education or the | ||
American Osteopathic Association. | ||
"Targeted populations" means one or more of the following: | ||
(i) a medically underserved population, (ii) persons in a | ||
medically underserved area, (iii) an uninsured population of | ||
this State, and (iv) persons enrolled in a medical program | ||
administered by the Illinois Department of Healthcare and | ||
Family Services. | ||
"Uninsured population" means persons who (i) do not own | ||
private health care insurance, (ii) are not part of a group | ||
insurance plan, and (iii) are not eligible for any State or | ||
federal government-sponsored health care program. | ||
Section 15. Powers and duties of the Department. The | ||
Department shall have all of the following powers and duties: | ||
(1) To allocate funds to psychiatric practice | ||
residency and child and adolescent fellowship programs | ||
according to the following priorities:
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(A) to increase the number of psychiatric | ||
physicians in designated shortage areas;
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(B) to increase the percentage of psychiatric |
physicians establishing practice within the State upon | ||
completion of residency;
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(C) to increase the number of accredited | ||
psychiatric practice residencies within the State; and
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(D) to increase the percentage of psychiatric | ||
practice physicians establishing practice within the | ||
State upon completion of residency. | ||
(2) To determine the procedures for the distribution of | ||
the funds to psychiatric residency programs, including the | ||
establishment of eligibility criteria in accordance with | ||
the following guidelines: | ||
(A) preference for programs that are to be | ||
established at locations that exhibit potential for | ||
extending psychiatric practice physician availability | ||
to designated shortage areas;
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(B) preference for programs that are located away | ||
from communities in which medical schools are located; | ||
and
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(C) preference for programs located in hospitals | ||
that have affiliation agreements with medical schools | ||
located within the State.
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In distributing such funds, the Department may also | ||
consider as secondary criteria whether or not a psychiatric | ||
practice residency program has (i) adequate courses of | ||
instruction in the child and adolescent behavioral | ||
disorder sciences;
(ii) availability and systematic |
utilization of opportunities for residents to gain | ||
experience through local health departments, community | ||
mental health centers, or other preventive or occupational | ||
medical facilities;
(iii) a continuing program of | ||
community oriented research in such areas as risk factors | ||
in community populations;
(iv) sufficient mechanisms for | ||
maintenance of quality training, such as peer review, | ||
systematic progress reviews, referral system, and | ||
maintenance of adequate records; and
(v) an appropriate | ||
course of instruction in societal, institutional, and | ||
economic conditions affecting psychiatric practice. | ||
(3) To receive and disburse federal funds in accordance | ||
with the purpose stated in Section 5 of this Act. | ||
(4) To enter into contracts or agreements with any | ||
agency or department of this State or the United States to | ||
carry out the provisions of this Act. | ||
(5) To coordinate the psychiatric residency grants | ||
program established under this Act with other student | ||
assistance and residency programs administered by the | ||
Department and the Board of Higher Education under the | ||
Health Services Education Grants Act. | ||
(6) To design and coordinate a study for the purpose of | ||
assessing the characteristics of practice resulting from | ||
the psychiatric practice residency programs including, but | ||
not limited to, information regarding the nature and scope | ||
of practices, location of practices, years of active |
practice following completion of residency and other | ||
information deemed necessary for the administration of | ||
this Act. | ||
(7) To establish a program, and the criteria for such
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program, for the repayment of the educational loans of
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physicians who agree to (i) serve in designated shortage | ||
areas
for a specified period of time, no less than 3 years, | ||
(ii) accept medical payments, as defined in this Act, and | ||
(iii) serve targeted populations to the extent required by | ||
the program. Payments under this program may be made for | ||
the principal, interest, and related expenses of | ||
government and commercial loans received by the individual | ||
for tuition expenses and all other reasonable educational | ||
expenses incurred by the individual. Payments made under | ||
this provision are exempt from State income tax, as | ||
provided by law. | ||
(8) To require psychiatric practice residency programs | ||
seeking grants under this Act to make application according | ||
to procedures consistent with the priorities and | ||
guidelines established in items (1) and (2) of this | ||
Section. | ||
(9) To adopt rules and regulations that are necessary | ||
for the establishment and maintenance of the programs | ||
required by this Act. | ||
Section 20. Application requirement; ratio of State |
support to local support. Residency programs seeking funds | ||
under this Act must make application to the Department. The | ||
application shall include evidence of local support for the | ||
program, either in the form of funds, services, or other | ||
resources. The ratio of State support to local support shall be | ||
determined by the Department in a manner that is consistent | ||
with the purposes of this Act, as set forth in Section 5 of | ||
this Act. In establishing such ratio of State support to local | ||
support, the Department may vary the amount of the required | ||
local support depending upon the criticality of the need for | ||
more professional health care services, the geographic | ||
location, and the economic base of the designated shortage | ||
area. | ||
Section 25. Study participation. Residency programs | ||
qualifying for grants under this Act shall participate in the | ||
study required in item (6) of Section 15 of this Act. | ||
Section 30. Illinois Administrative Procedure Act. The | ||
Illinois Administrative Procedure Act is hereby expressly | ||
adopted and incorporated herein as if all of the provisions of | ||
such Act were included in this Act. | ||
Section 35. Annual report. The Department shall annually | ||
report to the General Assembly and the Governor the results and | ||
progress of all programs established under this Act on or |
before March 15.
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The annual report to the General Assembly and the Governor | ||
must include the impact of programs established under this Act | ||
on the ability of designated shortage areas to attract and | ||
retain physicians and other health care personnel. The report | ||
shall include recommendations to improve that ability. | ||
The requirement for reporting to the General Assembly shall | ||
be satisfied by filing copies of the report with the Speaker, | ||
the Minority Leader, and the Clerk of the House of | ||
Representatives and the President, the Minority Leader and the | ||
Secretary of the Senate and the Legislative Research Unit, as | ||
required by Section 3.1 of the General Assembly Organization | ||
Act, and by filing such additional copies with the State | ||
Government Report Distribution Center for the General Assembly | ||
as is required under paragraph (t) of Section 7 of the State | ||
Library Act. | ||
Section 40. Penalty for failure to fulfill obligation. Any | ||
recipient of assistance under this Act who fails to fulfill his | ||
or her obligation to practice full-time in a designated | ||
shortage area as a psychiatrist for one year for each year that | ||
he or she is a recipient of assistance shall pay to the | ||
Department a sum equal to 3 times the amount of the assistance | ||
provided for each year that the recipient fails to fulfill such | ||
obligation. A recipient of assistance who fails to fulfill his | ||
or her practice obligation shall have 30 days after the date on |
which that failure begins to enter into a contract with the | ||
Department that sets forth the manner in which that sum is | ||
required to be paid. The amounts paid to the Department under | ||
this Section shall be deposited into the Community Health | ||
Center Care Fund and shall be used by the Department to improve | ||
access to primary health care services as authorized by | ||
subsection (a) of Section 2310-200 of the Department of Public | ||
Health Powers and Duties Law of the Civil Administrative Code | ||
of Illinois (20 ILCS 2310/2310-200). | ||
The Department may transfer to the Illinois Finance | ||
Authority, into an account outside of the State treasury, | ||
moneys in the Community Health Center Care Fund as needed, but | ||
not to exceed an amount established by rule by the Department | ||
to establish a reserve or credit enhancement escrow account to | ||
support a financing program or a loan or equipment leasing | ||
program to provide moneys to support the purposes of subsection | ||
(a) of Section 2310-200 of the Department of Public Health | ||
Powers and Duties Law of the Civil Administrative Code of | ||
Illinois (20 ILCS 2310/2310-200). The disposition of moneys at | ||
the conclusion of any financing program under this Section | ||
shall be determined by an interagency agreement.
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