Public Act 095-0133
 		





HB1066 Enrolled
LRB095 04171 DRJ 26752 b






    AN ACT concerning regulation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Hospice Program Licensing Act is amended  by 
adding Section 15 as follows:
 
    (210 ILCS 60/15  new)
    Sec. 15. Hospice and Palliative Care Advisory Board.
    (a) The Director shall appoint a Hospice and Palliative 
Care Advisory Board ("the Board") to consult with the 
Department as provided in this Section. The membership of the 
Board shall be as follows:
        (1) The Director, ex officio, who shall be a nonvoting 
    member and shall serve as chairman of the Board.
        (2) One representative of each of the following State 
    agencies, each of whom shall be a nonvoting member:         the 
    Department of
    Healthcare and Family Services, the 
    Department of Human Services, and the Department on Aging.
        (3) One member who is a physician licensed to
    practice 
    medicine in all its branches, selected from the 
    recommendations of a statewide professional society 
    representing physicians licensed to practice medicine in 
    all its branches in all specialties.
        (4) One member who is a registered nurse,
    selected from 
    the recommendations of professional nursing associations.
        (5) Four members selected from the
    recommendations of 
    organizations whose primary membership consists of hospice 
    programs.
        (6) Two members who represent the general
    public and 
    who have no responsibility for management or formation of 
    policy of a hospice program and no financial interest in a 
    hospice program.
        (7) One member selected from the
    recommendations of 
    consumer organizations that engage in advocacy or legal 
    representation on behalf of hospice patients and their 
    immediate families.
    (b) Of the initial appointees, 4 shall serve for terms of 2 
years, 4 shall serve for terms of 3 years, and 5 shall   serve 
for terms of 4 years, as determined by lot at the first meeting 
of the Board. Each successor member shall be appointed for a 
term of 4 years. A member appointed to fill a vacancy before 
the expiration of the term for which his or her predecessor was 
appointed shall be appointed to serve for the remainder of that 
term.
    (c) The Board shall meet as frequently as the chairman 
deems necessary, but not less than 4 times each year. Upon the 
request of 4 or more Board members, the chairman shall call a 
meeting of the Board. A Board member may designate a 
replacement to serve at a Board meeting in place of the member 
by submitting a letter stating that designation to the chairman 
before or at the Board meeting. The replacement member must 
represent the same general interests as the member being 
replaced, as described in paragraphs (1) through (7) of 
subsection (a).
    (d) Board members are entitled to reimbursement for their 
actual expenses incurred in performing their duties.
    (e) The Board shall advise the Department on all aspects of 
the Department's responsibilities under this Act, including 
the format and content of any rules adopted by the Department 
on or after the effective date of this amendatory Act of the 
95th General Assembly. Any such rule  or amendment to a rule 
proposed on or after the effective date of this amendatory Act 
of the 95th General Assembly, except an emergency rule adopted 
pursuant to Section 5-45 of the Illinois Administrative 
Procedure Act, that is adopted without obtaining the advice of 
the Board is null and void. If the Department fails to follow 
the advice of the Board with respect to a proposed rule or 
amendment to a rule, the Department shall, before adopting the 
rule or amendment to a rule, transmit a written explanation of 
the reason for its action to the Board. During its review of 
rules, the Board shall analyze the economic and regulatory 
impact of those rules. If the Board, having been asked for its 
advice with respect to a proposed rule or amendment to a rule, 
fails to advise the Department within 90 days, the proposed 
rule or amendment shall be considered to have been acted upon 
by the Board.