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1 | AN ACT concerning regulation. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 5. The Hospice Program Licensing Act is amended by | |||||||||||||||||||
5 | changing Section 15 as follows: | |||||||||||||||||||
6 | (210 ILCS 60/15) | |||||||||||||||||||
7 | Sec. 15. Hospice and Palliative Care Advisory Board. | |||||||||||||||||||
8 | (a) The Director shall appoint a Hospice and Palliative | |||||||||||||||||||
9 | Care Advisory Board ("the Board") to consult with the | |||||||||||||||||||
10 | Department as provided in this Section. The membership of the | |||||||||||||||||||
11 | Board shall be as follows: | |||||||||||||||||||
12 | (1) The Director, ex officio, who shall be a nonvoting | |||||||||||||||||||
13 | member and shall serve as chairman of the Board. | |||||||||||||||||||
14 | (2) One representative of each of the following State | |||||||||||||||||||
15 | agencies, each of whom shall be a nonvoting member: the | |||||||||||||||||||
16 | Department of Healthcare and Family Services, the | |||||||||||||||||||
17 | Department of Human Services, and the Department on Aging. | |||||||||||||||||||
18 | (3) One member who is a physician licensed to practice | |||||||||||||||||||
19 | medicine in all its branches, selected from the | |||||||||||||||||||
20 | recommendations of a statewide professional society | |||||||||||||||||||
21 | representing physicians licensed to practice medicine in | |||||||||||||||||||
22 | all its branches in all specialties. | |||||||||||||||||||
23 | (4) One member who is a registered nurse, selected |
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1 | from the recommendations of professional nursing | ||||||
2 | associations. | ||||||
3 | (5) Four members selected from the recommendations of | ||||||
4 | organizations whose primary membership consists of hospice | ||||||
5 | programs. | ||||||
6 | (6) Two members who represent the general public and | ||||||
7 | who have no responsibility for management or formation of | ||||||
8 | policy of a hospice program and no financial interest in a | ||||||
9 | hospice program. | ||||||
10 | (7) One member selected from the recommendations of | ||||||
11 | consumer organizations that engage in advocacy or legal | ||||||
12 | representation on behalf of hospice patients and their | ||||||
13 | immediate families. | ||||||
14 | (b) Of the initial appointees, 4 shall serve for terms of 2 | ||||||
15 | years, 4 shall serve for terms of 3 years, and 5 shall serve | ||||||
16 | for terms of 4 years, as determined by lot at the first meeting | ||||||
17 | of the Board. Each successor member shall be appointed for a | ||||||
18 | term of 4 years. A member appointed to fill a vacancy before | ||||||
19 | the expiration of the term for which his or her predecessor was | ||||||
20 | appointed shall be appointed to serve for the remainder of | ||||||
21 | that term. | ||||||
22 | (c) The Board shall meet as frequently as the chairman | ||||||
23 | deems necessary, but not less than 4 times each year. Upon the | ||||||
24 | request of 4 or more Board members, the chairman shall call a | ||||||
25 | meeting of the Board. A Board member may designate a | ||||||
26 | replacement to serve at a Board meeting in place of the member |
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1 | by submitting a letter stating that designation to the | ||||||
2 | chairman before or at the Board meeting. The replacement | ||||||
3 | member must represent the same general interests as the member | ||||||
4 | being replaced, as described in paragraphs (1) through (7) of | ||||||
5 | subsection (a). | ||||||
6 | (d) Board members are entitled to reimbursement for their | ||||||
7 | actual expenses incurred in performing their duties. | ||||||
8 | (e) The Board shall advise the Department on all aspects | ||||||
9 | of the Department's responsibilities under this Act, including | ||||||
10 | the format and content of any rules adopted by the Department | ||||||
11 | on or after the effective date of this amendatory Act of the | ||||||
12 | 95th General Assembly. Any such rule or amendment to a rule | ||||||
13 | proposed on or after the effective date of this amendatory Act | ||||||
14 | of the 95th General Assembly, except an emergency rule adopted | ||||||
15 | pursuant to Section 5-45 of the Illinois Administrative | ||||||
16 | Procedure Act, that is adopted without obtaining the advice of | ||||||
17 | the Board is null and void. If the Department fails to follow | ||||||
18 | the advice of the Board with respect to a proposed rule or | ||||||
19 | amendment to a rule, the Department shall, before adopting the | ||||||
20 | rule or amendment to a rule, transmit a written explanation of | ||||||
21 | the reason for its action to the Board. During its review of | ||||||
22 | rules, the Board shall analyze the economic and regulatory | ||||||
23 | impact of those rules. If the Board, having been asked for its | ||||||
24 | advice with respect to a proposed rule or amendment to a rule, | ||||||
25 | fails to advise the Department within 90 days, the proposed | ||||||
26 | rule or amendment shall be considered to have been acted upon |
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1 | by the Board. | ||||||
2 | (f) The Board shall also review pediatric palliative care | ||||||
3 | issues as provided in the Pediatric Palliative Care Act. | ||||||
4 | (g) No later than December 31, 2026, the Board shall | ||||||
5 | submit a report to the General Assembly on the state of care | ||||||
6 | for individuals experiencing a serious or life-limiting | ||||||
7 | illness and their family caregivers. The report shall include | ||||||
8 | at a minimum: | ||||||
9 | (1) data regarding the availability of and need for | ||||||
10 | hospice and palliative care services in Illinois; | ||||||
11 | (2) data showing the relative value of non-hospice | ||||||
12 | adult palliative care to the State of Illinois and its | ||||||
13 | citizens; | ||||||
14 | (3) evidence-based recommendations to educate health | ||||||
15 | care professionals and the public about non-hospice | ||||||
16 | palliative care; and | ||||||
17 | (4) recommendations for state standards for adult | ||||||
18 | palliative care. | ||||||
19 | (Source: P.A. 95-133, eff. 1-1-08; 96-1078, eff. 7-16-10.) |