110 ILCS 935/ Underserved Physician Workforce Act.

(110 ILCS 935/1) (from Ch. 144, par. 1451)

Sec. 1. This Act shall be known and may be cited as the Underserved Health Care Provider Workforce Act.

(Source: P.A. 101-118, eff. 7-22-19; 102-888, eff. 5-17-22.)

(110 ILCS 935/2) (from Ch. 144, par. 1452)

Sec. 2. The purpose of this Act is to establish programs in the Illinois Department of Public Health to upgrade health care services for all citizens of the State, to increase access, and to reduce health care disparities by providing grants to residency programs, scholarships to medical students, and a loan repayment program for eligible health care providers who will agree to practice in areas of the State demonstrating the greatest need for more professional medical care. The programs shall encourage eligible health care providers to locate in areas where health manpower shortages exist and to increase the total number of eligible health care providers in the State.

(Source: P.A. 101-118, eff. 7-22-19.)

(110 ILCS 935/3) (from Ch. 144, par. 1453)

Sec. 3. The terms specified in the following Sections have the meanings ascribed to them in those Sections unless the context of this Act otherwise requires.

(Source: P.A. 98-674, eff. 6-30-14.)

(110 ILCS 935/3.01) (from Ch. 144, par. 1453.01)

Sec. 3.01. "Department" means the Illinois Department of Public Health.

(Source: P.A. 80-478.)

(110 ILCS 935/3.02) (from Ch. 144, par. 1453.02)

Sec. 3.02. "Director" means the Director of the Illinois Department of Public Health.

(Source: P.A. 80-478.)

(110 ILCS 935/3.03) (from Ch. 144, par. 1453.03)

Sec. 3.03. "Committee" means the Advisory Committee for Residency Programs created by this Act.

(Source: P.A. 101-118, eff. 7-22-19.)

(110 ILCS 935/3.04) (from Ch. 144, par. 1453.04)

Sec. 3.04. "Designated Shortage Area" means an area designated by the Director as a physician shortage area, a medically underserved area, or a critical health manpower shortage area as defined by the United States Department of Health, Education and Welfare, or as further defined by the Department to enable it to effectively fulfill the purpose stated in Section 2 of this Act. Such areas may include the following:

(a) an urban or rural area which is a rational area for the delivery of health services;

(b) a population group;

(c) a public or nonprofit private medical facility; or

(d) a government-owned, privately owned, independent, or provider-based Rural Health Clinic or hospital that accepts Medicaid, Medicare, the State's Children's Health Insurance Program, private insurance, and self-pay.

(Source: P.A. 102-888, eff. 5-17-22.)

(110 ILCS 935/3.05) (from Ch. 144, par. 1453.05)

Sec. 3.05. "Primary care physician" means a person licensed to practice medicine in all of its branches under the Medical Practice Act of 1987 with a specialty in Family Practice, Internal Medicine, Obstetrics and Gynecology, or Pediatrics as defined by recognized standards of professional medical practice.

(Source: P.A. 85-1209.)

(110 ILCS 935/3.06) (from Ch. 144, par. 1453.06)

Sec. 3.06. "Residency program" means a program accredited by the Accreditation Council for Graduate Medical Education or the Committee on Postdoctoral Training of the American Osteopathic Association.

(Source: P.A. 101-118, eff. 7-22-19.)

(110 ILCS 935/3.07) (from Ch. 144, par. 1453.07)

Sec. 3.07. "Eligible medical student" means a person who meets all of the following qualifications:

(a) he or she is an Illinois resident at the time of application for a scholarship under the program established by this Act;

(b) he or she is studying medicine in a medical school located in Illinois or studying chiropractic medicine in a chiropractic college or institution in Illinois;

(c) he or she exhibits financial need as determined by the Department; and

(d) he or she agrees to practice full-time in a Designated Shortage Area as a primary care physician, general surgeon, emergency medicine physician, obstetrician, or chiropractic physician one year for each year he or she is a scholarship recipient.

(Source: P.A. 103-219, eff. 1-1-24.)

(110 ILCS 935/3.08) (from Ch. 144, par. 1453.08)

Sec. 3.08. "Medical facility" means a facility for the delivery of health services and includes a hospital, State mental health institution, public health center, outpatient medical facility, rehabilitation facility, long term care facility, community mental health center, migrant health center, a community health center, or a State correctional institution.

(Source: P.A. 80-478.)

(110 ILCS 935/3.09)

Sec. 3.09. Eligible health care provider. "Eligible health care provider" means a primary care physician, general surgeon, emergency medicine physician, obstetrician, chiropractic physician, anesthesiologist, advanced practice registered nurse, or physician assistant who accepts Medicaid, Medicare, the State's Children's Health Insurance Program, private insurance, and self-pay.

(Source: P.A. 102-888, eff. 5-17-22; 103-219, eff. 1-1-24; 103-507, eff. 1-1-24; 103-605, eff. 7-1-24.)

(110 ILCS 935/3.10)

Sec. 3.10. Primary care physician. "Primary care physician" means a general internist, family physician, or general pediatrician.

(Source: P.A. 101-118, eff. 7-22-19.)

(110 ILCS 935/3.11)

Sec. 3.11. Chiropractic physician. "Chiropractic physician" means a chiropractic physician as defined in the Medical Practice Act of 1987.

(Source: P.A. 103-219, eff. 1-1-24.)

(110 ILCS 935/4) (from Ch. 144, par. 1454)

Sec. 4. The Department may exercise the powers indicated in Sections 4.01 through 4.12 of this Act.

(Source: P.A. 99-933, eff. 1-27-17.)

(110 ILCS 935/4.01) (from Ch. 144, par. 1454.01)

Sec. 4.01. To allocate funds to residency programs according to the following priorities:

(a) to increase the number of eligible health care providers in Designated Shortage Areas;

(b) (blank);

(c) to increase the number of accredited, eligible health care provider residencies within the State;

(d) to increase the percentage of eligible health care providers establishing practice within the State upon completion of residency; and

(e) to provide funds for rental of office space, purchase of equipment, and other uses necessary to enable eligible health care providers to locate their practices in communities located in designated shortage areas.

(Source: P.A. 101-118, eff. 7-22-19.)

(110 ILCS 935/4.02) (from Ch. 144, par. 1454.02)

Sec. 4.02. To determine the procedures for the distribution of the funds to residency programs, including the establishment of eligibility criteria in accordance with the following guidelines:

(a) preference for programs which are to be established at locations which exhibit potential for extending eligible health care provider availability to Designated Shortage Areas;

(b) preference for programs which are located away from communities in which medical schools are located; and

(c) preference for programs located in hospitals having affiliation agreements with medical schools located within the State.

In distributing such funds, the Department may also consider as secondary criteria whether a residency program has:

(1) Adequate courses of instruction in the behavioral sciences;

(2) Availability and systematic utilization of opportunities for residents to gain experience through local health departments or other preventive or occupational medical facilities;

(3) A continuing program of community-oriented research in such areas as risk factors in community populations, immunization levels, environmental hazards, or occupational hazards;

(4) Sufficient mechanisms for maintenance of quality training, such as peer review, systematic progress reviews, referral system, and maintenance of adequate records; and

(5) An appropriate course of instruction in societal, institutional, and economic conditions affecting a rural health care practice.

(Source: P.A. 101-118, eff. 7-22-19.)

(110 ILCS 935/4.03) (from Ch. 144, par. 1454.03)

Sec. 4.03. To establish a program of medical student scholarships and to award scholarships to eligible medical students.

(Source: P.A. 80-478.)

(110 ILCS 935/4.04) (from Ch. 144, par. 1454.04)

Sec. 4.04. To determine criteria and standards of financial need in the awarding of scholarships under Section 4.03 of this Act.

(Source: P.A. 80-478.)

(110 ILCS 935/4.05) (from Ch. 144, par. 1454.05)

Sec. 4.05. To receive and disburse federal funds in accordance with the purpose stated in Section 2 of this Act.

(Source: P.A. 80-478.)

(110 ILCS 935/4.06) (from Ch. 144, par. 1454.06)

Sec. 4.06. To enter into contracts or agreements with any agency or department of the State of Illinois or the United States to carry out the provisions of this Act.

(Source: P.A. 80-478.)

(110 ILCS 935/4.07) (from Ch. 144, par. 1454.07)

Sec. 4.07. To coordinate the residency grants program established under this Act with the program administered by the Illinois Board of Higher Education under the Health Services Education Grants Act.

(Source: P.A. 101-118, eff. 7-22-19.)

(110 ILCS 935/4.08)

Sec. 4.08. (Repealed).

(Source: P.A. 80-478. Repealed by P.A. 99-576, eff. 7-15-16.)

(110 ILCS 935/4.09) (from Ch. 144, par. 1454.09)

Sec. 4.09. To consult with the Committee in the determination of Designated Shortage Areas, eligibility criteria for the allocation of funds under Section 4.01 of this Act and the awarding of scholarships under Sections 4.03 and 4.04 of this Act.

(Source: P.A. 80-478.)

(110 ILCS 935/4.10) (from Ch. 144, par. 1454.10)

Sec. 4.10. To establish programs, and the criteria for such programs, for the repayment of the educational loans of eligible health care providers who agree to serve in Designated Shortage Areas for a specified period of time, no less than 2 years. 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 shall be exempt from Illinois State Income Tax. The Department may use tobacco settlement recovery funding or other available funding to implement this Section.

(Source: P.A. 101-118, eff. 7-22-19.)

(110 ILCS 935/4.11) (from Ch. 144, par. 1454.11)

Sec. 4.11. To require residency programs seeking grants under this Act to make application according to procedures consistent with the priorities and guidelines established in Sections 4.01 and 4.02 of this Act.

(Source: P.A. 101-118, eff. 7-22-19.)

(110 ILCS 935/4.12) (from Ch. 144, par. 1454.12)

Sec. 4.12. To promulgate rules and regulations which are necessary for the establishment and maintenance of the programs required by this Act.

(Source: P.A. 80-478.)

(110 ILCS 935/5) (from Ch. 144, par. 1455)

Sec. 5. The Advisory Committee for Residency Programs is created and shall consult with the Director in the administration of this Act. The Committee shall consist of 9 members appointed by the Director, 4 of whom shall be eligible health care providers, one of whom shall be the dean or associate or deputy dean of a medical school in this State, and 4 of whom shall be representatives of the general public. Terms of membership shall be 4 years. Initial appointments by the Director shall be staggered, with 4 appointments terminating January 31, 1979 and 4 terminating January 31, 1981. Each member shall continue to serve after the expiration of his term until his successor has been appointed. No person shall serve more than 2 terms. Vacancies shall be filled by appointment for the unexpired term of any member in the same manner as the vacant position had been filled. The Committee shall select from its members a chairman from among the eligible health care provider members, and such other officers as may be required. The Committee shall meet as frequently as the Director deems necessary, but not less than once each year. The Committee members shall receive no compensation but shall be reimbursed for actual expenses incurred in carrying out their duties.

(Source: P.A. 101-118, eff. 7-22-19.)

(110 ILCS 935/6) (from Ch. 144, par. 1456)

Sec. 6. Residency programs seeking funds under this Act shall 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 purpose of this Act as stated in Section 2 of this Act. In establishing such ratio of State 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 and the geographic location and the economic base of the Designated Shortage Area.

(Source: P.A. 101-118, eff. 7-22-19.)

(110 ILCS 935/7)

Sec. 7. (Repealed).

(Source: P.A. 80-478. Repealed by P.A. 101-118, eff. 7-22-19.)

(110 ILCS 935/8) (from Ch. 144, par. 1458)

Sec. 8. 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.

(Source: P.A. 80-478.)

(110 ILCS 935/9) (from Ch. 144, par. 1459)

Sec. 9. The Department shall annually report to the General Assembly and the Governor the results and progress of the programs established by this Act on or before March 15th.

The annual report to the General Assembly and the Governor shall include the impact of programs established under this Act on the ability of designated shortage areas to attract and retain eligible health care providers. 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 as required by Section 3.1 of the General Assembly Organization Act, and 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.

(Source: P.A. 100-1148, eff. 12-10-18; 101-118, eff. 7-22-19.)

(110 ILCS 935/10) (from Ch. 144, par. 1460)

Sec. 10. Scholarship recipients who fail to fulfill the obligation described in subsection (d) of Section 3.07 of this Act shall pay to the Department a sum equal to 3 times the amount of the annual scholarship grant for each year the recipient fails to fulfill such obligation. A scholarship recipient who fails to fulfill the obligation described in subsection (d) of Section 3.07 shall have 30 days from the date on which that failure begins in which to enter into a contract with the Department that sets forth the manner in which that sum is required to be paid. If the contract is not entered into within that 30 day period or if the contract is entered into but the required payments are not made in the amounts and at the times provided in the contract, the scholarship recipient also shall be required to pay to the Department interest at the rate of 9% per annum on the amount of that sum remaining due and unpaid. 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 (20 ILCS 2310/2310-200).

The Department may transfer to the Illinois Finance Authority, into an account outside 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 (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.

(Source: P.A. 93-205, eff. 1-1-04.)