Bill Text: IL HB4735 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Amends the Illinois Health Facilities Planning Act. Provides that members of the Health Facilities and Services Review Board may opt in to receive a stipend of $250 and the chair of the Health Facilities and Services Review Board may opt in to receive a stipend of $400 for each Board meeting attended. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2023-01-01 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB4735 Detail]

Download: Illinois-2021-HB4735-Engrossed.html

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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(Section scheduled to be repealed on December 31, 2029)
Sec. 4. Health Facilities and Services Review Board;
membership; appointment; term; compensation; quorum.
(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
applications for permit and exemption.
(b) The State Board shall consist of 11 voting members.
All members shall be residents of Illinois and at least 4 shall
reside outside the Chicago Metropolitan Statistical Area.

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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. One member shall be a representative
from the community with experience on the effects of
discontinuing health care services or the closure of health
care facilities on the surrounding community; provided,
however, that all other members of the Board shall be
appointed before this member shall be appointed. 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

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which a conflict of interest is declared. No person shall be
appointed or continue to serve as 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 Board, as established by
this amendatory Act of the 96th General Assembly, have been
appointed and can begin to take action as a Board.
(c) The State Board shall be appointed by the Governor,
with the advice and consent of the Senate. Not more than 6 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 members initially appointed by the Governor
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,

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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 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. State Board members may opt in to receive a
stipend of $250 and the State Board chair may opt in to receive
a stipend of $400 for each Board meeting that they attend.
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
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

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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) Six members of the State Board shall constitute a
quorum. The affirmative vote of 6 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 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

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comply with the Illinois Governmental Ethics Act.
(Source: P.A. 102-4, eff. 4-27-21.)
Section 99. Effective date. This Act takes effect upon
becoming law.