Bill Text: IL SB3230 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Health Facilities Planning Act. Provides that a majority of the filled appointments, but no less than 4 appointed members, to the Health Facilities and Services Review Board (currently, 5 members) shall constitute a quorum. Provides that the affirmative vote of the majority of the filled appointments, but no less than 4 appointed members, (currently, 5 members) shall be necessary for any action requiring a vote to be taken by the State Board. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB3230 Detail]

Download: Illinois-2017-SB3230-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB3230 Introduced 2/15/2018, by Sen. Heather A. Steans SYNOPSIS AS INTRODUCED:
20 ILCS 3960/4 from Ch. 111 1/2, par. 1154
Amends the Illinois Health Facilities Planning Act. Provides that a majority of the filled appointments, but no less than 4 appointed members, to the Health Facilities and Services Review Board (currently, 5 members) shall constitute a quorum. Provides that the affirmative vote of the majority of the filled appointments, but no less than 4 appointed members, (currently, 5 members) shall be necessary for any action requiring a vote to be taken by the State Board. Effective immediately.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Health Facilities Planning Act is
amended by changing Section 4 as follows:
(20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
(Section scheduled to be repealed on December 31, 2019)
Sec. 4. Health Facilities and Services Review Board;
membership; appointment; term; compensation; quorum.
Notwithstanding any other provision in this Section, members of
the State Board holding office on the day before the effective
date of this amendatory Act of the 96th General Assembly shall
retain their authority.
(a) There is created the Health Facilities and Services
Review Board, which shall perform the functions described in
this Act. The Department shall provide operational support to
the Board as necessary, including the provision of office
space, supplies, and clerical, financial, and accounting
services. The Board may contract for functions or operational
support as needed. The Board may also contract with experts
related to specific health services or facilities and create
technical advisory panels to assist in the development of
criteria, standards, and procedures used in the evaluation of

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applications for permit and exemption.
(b) Beginning March 1, 2010, the State Board shall consist
of 9 voting members. All members shall be residents of Illinois
and at least 4 shall reside outside the Chicago Metropolitan
Statistical Area. Consideration shall be given to potential
appointees who reflect the ethnic and cultural diversity of the
State. Neither Board members nor Board staff shall be convicted
felons or have pled guilty to a felony.
Each member shall have a reasonable knowledge of the
practice, procedures and principles of the health care delivery
system in Illinois, including at least 5 members who shall be
knowledgeable about health care delivery systems, health
systems planning, finance, or the management of health care
facilities currently regulated under the Act. One member shall
be a representative of a non-profit health care consumer
advocacy organization. A spouse, parent, sibling, or child of a
Board member cannot be an employee, agent, or under contract
with services or facilities subject to the Act. Prior to
appointment and in the course of service on the Board, members
of the Board shall disclose the employment or other financial
interest of any other relative of the member, if known, in
service or facilities subject to the Act. Members of the Board
shall declare any conflict of interest that may exist with
respect to the status of those relatives and recuse themselves
from voting on any issue for which a conflict of interest is
declared. No person shall be appointed or continue to serve as

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a member of the State Board who is, or whose spouse, parent,
sibling, or child is, a member of the Board of Directors of,
has a financial interest in, or has a business relationship
with a health care facility.
Notwithstanding any provision of this Section to the
contrary, the term of office of each member of the State Board
serving on the day before the effective date of this amendatory
Act of the 96th General Assembly is abolished on the date upon
which members of the 9-member Board, as established by this
amendatory Act of the 96th General Assembly, have been
appointed and can begin to take action as a Board. Members of
the State Board serving on the day before the effective date of
this amendatory Act of the 96th General Assembly may be
reappointed to the 9-member Board. Prior to March 1, 2010, the
Health Facilities Planning Board shall establish a plan to
transition its powers and duties to the Health Facilities and
Services Review Board.
(c) The State Board shall be appointed by the Governor,
with the advice and consent of the Senate. Not more than 5 of
the appointments shall be of the same political party at the
time of the appointment.
The Secretary of Human Services, the Director of Healthcare
and Family Services, and the Director of Public Health, or
their designated representatives, shall serve as ex-officio,
non-voting members of the State Board.
(d) Of those 9 members initially appointed by the Governor

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following the effective date of this amendatory Act of the 96th
General Assembly, 3 shall serve for terms expiring July 1,
2011, 3 shall serve for terms expiring July 1, 2012, and 3
shall serve for terms expiring July 1, 2013. Thereafter, each
appointed member shall hold office for a term of 3 years,
provided that any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his or her
predecessor was appointed shall be appointed for the remainder
of such term and the term of office of each successor shall
commence on July 1 of the year in which his predecessor's term
expires. Each member appointed after the effective date of this
amendatory Act of the 96th General Assembly shall hold office
until his or her successor is appointed and qualified. The
Governor may reappoint a member for additional terms, but no
member shall serve more than 3 terms, subject to review and
re-approval every 3 years.
(e) State Board members, while serving on business of the
State Board, shall receive actual and necessary travel and
subsistence expenses while so serving away from their places of
residence. Until March 1, 2010, a member of the State Board who
experiences a significant financial hardship due to the loss of
income on days of attendance at meetings or while otherwise
engaged in the business of the State Board may be paid a
hardship allowance, as determined by and subject to the
approval of the Governor's Travel Control Board.
(f) The Governor shall designate one of the members to

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serve as the Chairman of the Board, who shall be a person with
expertise in health care delivery system planning, finance or
management of health care facilities that are regulated under
the Act. The Chairman shall annually review Board member
performance and shall report the attendance record of each
Board member to the General Assembly.
(g) The State Board, through the Chairman, shall prepare a
separate and distinct budget approved by the General Assembly
and shall hire and supervise its own professional staff
responsible for carrying out the responsibilities of the Board.
(h) The State Board shall meet at least every 45 days, or
as often as the Chairman of the State Board deems necessary, or
upon the request of a majority of the members.
(i) A majority of the filled appointments to Five members
of the State Board, but no less than 4 appointed members, shall
constitute a quorum. The affirmative vote of the majority of
the filled appointments, but no less than 4 appointed members,
5 of the members of the State Board shall be necessary for any
action requiring a vote to be taken by the State Board. A
vacancy in the membership of the State Board shall not impair
the right of a quorum to exercise all the rights and perform
all the duties of the State Board as provided by this Act.
(j) A State Board member shall disqualify himself or
herself from the consideration of any application for a permit
or exemption in which the State Board member or the State Board
member's spouse, parent, sibling, or child: (i) has an economic

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interest in the matter; or (ii) is employed by, serves as a
consultant for, or is a member of the governing board of the
applicant or a party opposing the application.
(k) The Chairman, Board members, and Board staff must
comply with the Illinois Governmental Ethics Act.
(Source: P.A. 99-527, eff. 1-1-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.