Public Act 104-0253
 
HB2877 EnrolledLRB104 08747 BAB 18801 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 
changing Section 15 as follows:
 
    (210 ILCS 60/15)
    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. 
    (f) The Board shall also review pediatric palliative care 
issues as provided in the Pediatric Palliative Care Act.
    (g) No later than December 31, 2026, the Board shall 
submit a report to the General Assembly on the state of care 
for individuals experiencing a serious or life-limiting 
illness and their family caregivers. The report shall include 
at a minimum:
        (1) data regarding the availability of and need for 
    hospice and palliative care services in Illinois;
        (2) data showing the relative value of non-hospice 
    adult palliative care to the State of Illinois and its 
    citizens;
        (3) evidence-based recommendations to educate health 
    care professionals and the public about non-hospice 
    palliative care; and
        (4) recommendations for state standards for adult 
    palliative care. 
(Source: P.A. 95-133, eff. 1-1-08; 96-1078, eff. 7-16-10.)