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30 ILCS 775/ Excellence in Academic Medicine Act.

(30 ILCS 775/1)     Sec. 1. Short title. This Act may be cited as the Excellence in Academic Medicine Act. (Source: P.A. 89‑506, eff. 7‑3‑96.)

(30 ILCS 775/5)     Sec. 5. Purpose. This Act is intended to stimulate excellence in academic medicine in Illinois for this and future generations, to elevate Illinois as a national center for academic medicine and for health care innovation in the United States, and to reverse the current health care trade imbalance so that Illinois citizens may obtain highest quality post‑tertiary care at home in Illinois. (Source: P.A. 89‑506, eff. 7‑3‑96.)

(30 ILCS 775/10)     Sec. 10. Findings. Medical research and development is required for placing Illinois health care in the position of national leadership appropriate to Illinois' location and institutional infrastructure. A reduction in the total cost of care for Illinois citizens can be accomplished by an assertion of local medical science leadership, which leads to greater provision of excellent care within the State avoiding out‑migration.     Excellence in academic medicine must be regarded not as a cost drag on the economy but as a stimulant to economic growth because it reduces the cost of work force replacement, further develops an academic medical center hospital network in Illinois, and stimulates spin‑off technological breakthroughs with positive economic consequences.     Research and development is an essential strategy for controlling current costs of medical care. Such developments as biologic alternatives to skin for trauma‑necessitated grafting, minimally invasive surgery, understanding, managing, and avoiding excessive cerebral vascular events in minority communities, and developments in pediatric eye trauma are fundamental to avoidance of lengthy periods of hospitalization.     The General Assembly hereby finds that Title XIX of the Social Security Act has fundamentally changed the structure of medical delivery in the State of Illinois. The failure of Congress to match its desire to broaden access to health care with commensurate fiscal resources has led to a growing burden of Congressional access mandates falling upon the State and its medical provider partners. Development of medical services and research on medical technology is increasingly captive to the Title XIX program and its strait‑jacketing fiscal and programmatic limitations. Advanced medical technology is likely to be a successful method of controlling Title XIX expenditures. (Source: P.A. 89‑506, eff. 7‑3‑96.)

(30 ILCS 775/15)     Sec. 15. Definitions. As used in this Act:     "Academic medical center hospital" means a hospital located in Illinois which is either (i) under common ownership with the college of medicine of a college or university or (ii) a free‑standing hospital in which the majority of the clinical chiefs of service are department chairmen in an affiliated medical school.     "Academic medical center children's hospital" means a children's hospital which is separately incorporated and non‑integrated into the academic medical center hospital but which is the pediatric partner for an academic medical center hospital and which serves as the primary teaching hospital for pediatrics for its affiliated medical school; children's hospitals which are separately incorporated but integrated into the academic medical center hospital are considered part of the academic medical center hospital.     "Chicago Medicare Metropolitan Statistical Area academic medical center hospital" means an academic medical center hospital located in the Chicago Medicare Metropolitan Statistical Area.     "Independent academic medical center hospital" means the primary teaching hospital for the University of Illinois at Urbana.     "Non‑Chicago Medicare Metropolitan Statistical Area academic medical center hospital" means an academic medical center hospital located outside the Chicago Medicare Metropolitan Statistical Area.     "Qualified Chicago Medicare Metropolitan Statistical Area academic medical center hospital" means any Chicago Medicare Metropolitan Statistical Area academic medical center hospital that either directly or in connection with its affiliated medical school receives in excess of $8,000,000 in grants or contracts from the National Institutes of Health during the calendar year preceding the beginning of the State fiscal year; except that for the purposes of Section 25, the term also includes the entity specified in subsection (e) of that Section.     "Qualified Non‑Chicago Medicare Metropolitan Statistical Area academic medical center hospital" means the primary teaching hospital for the University of Illinois School of Medicine at Peoria and the primary teaching hospital for the University of Illinois School of Medicine at Rockford and the primary teaching hospitals for Southern Illinois University School of Medicine in Springfield.     "Qualified academic medical center hospital" means (i) a qualified Chicago Medicare Metropolitan Statistical Area academic medical center hospital, (ii) a qualified Non‑Chicago Medicare Metropolitan Statistical Area academic medical center hospital, or (iii) an academic medical center children's hospital.     "Qualified programs" include:         (i) Thoracic Transplantation: heart and lung, in

particular;

(ii) Cancer: particularly biologic modifiers of

tumor response, and mechanisms of drug resistance in cancer therapy;

(iii) Shock/Burn: development of biological

alternatives to skin for grafting in burn injury, and research in mechanisms of shock and tissue injury in severe injury;

(iv) Abdominal transplantation: kidney, liver,

pancreas, and development of islet cell and small bowel transplantation technologies;

(v) Minimally invasive surgery: particularly

laparoscopic surgery;

(vi) High performance medical computing:

telemedicine and teleradiology;

(vii) Transmyocardial laser revascularization: a

laser creates holes in heart muscles to allow new blood flow;

(viii) Pet scanning: viewing how organs function (CT

and MRI only allow viewing of the structure of an organ);

(ix) Strokes in the African‑American community:

particularly risk factors for cerebral vascular accident (strokes) in the African‑American community at much higher risk than the general population;

(x) Neurosurgery: particularly focusing on

interventional neuroradiology;

(xi) Comprehensive eye center: including further

development in pediatric eye trauma;

(xii) Cancers: particularly melanoma, head and neck;         (xiii) Pediatric cancer;         (xiv) Invasive pediatric cardiology;         (xv) Pediatric organ transplantation:

transplantation of solid organs, marrow, and other stem cells; and

(xvi) Such other programs as may be identified. (Source: P.A. 92‑10, eff. 6‑11‑01.)

    (30 ILCS 775/20)
    Sec. 20. Establishment of Funds.
    (a) The Medical Research and Development Fund is created in the State Treasury to which the General Assembly may from time to time appropriate funds and from which the Comptroller shall pay amounts as authorized by law. The amount appropriated for any fiscal year after 2008 shall not be less than the amount appropriated for fiscal year 2002.
        (i) The following accounts are created in the

Medical Research and Development Fund: The National Institutes of Health Account; the Philanthropic Medical Research Account; and the Market Medical Research Account.

(ii) Funds appropriated to the Medical Research and

Development Fund shall be assigned in equal amounts to each account within the Fund, subject to transferability of funds under subsection (c) of Section 25.

(b) The Post‑Tertiary Clinical Services Fund is created in the State Treasury to which the General Assembly may from time to time appropriate funds and from which the Comptroller shall pay amounts as authorized by law. The amount appropriated for any fiscal year after 2008 shall not be less than the amount appropriated for fiscal year 2002.     (c) The Independent Academic Medical Center Fund is created as a special fund in the State Treasury, to which the General Assembly shall from time to time appropriate funds for the purposes of the Independent Academic Medical Center Program. The amount appropriated for any fiscal year after 2002 shall not be less than the amount appropriated for fiscal year 2002. The State Comptroller shall pay amounts from the Fund as authorized by law. (Source: P.A. 95‑744, eff. 7‑18‑08.)

    (30 ILCS 775/25)
    Sec. 25. Medical research and development challenge program.
    (a) The State shall provide the following financial incentives to draw private and federal funding for biomedical research, technology and programmatic development:
        (1) Each qualified Chicago Medicare Metropolitan

Statistical Area academic medical center hospital shall receive a percentage of the amount available for distribution from the National Institutes of Health Account, equal to that hospital's percentage of the total contracts and grants from the National Institutes of Health awarded to qualified Chicago Medicare Metropolitan Statistical Area academic medical center hospitals and their affiliated medical schools during the preceding calendar year. These amounts shall be paid from the National Institutes of Health Account.

(2) Each qualified Chicago Medicare Metropolitan

Statistical Area academic medical center hospital shall receive a payment from the State equal to 25% of all funded grants (other than grants funded by the State of Illinois or the National Institutes of Health) for biomedical research, technology, or programmatic development received by that qualified Chicago Medicare Metropolitan Statistical Area academic medical center hospital during the preceding calendar year. These amounts shall be paid from the Philanthropic Medical Research Account.

(3) Each qualified Chicago Medicare Metropolitan

Statistical Area academic medical center hospital that (i) contributes 40% of the funding for a biomedical research or technology project or a programmatic development project and (ii) obtains contributions from the private sector equal to 40% of the funding for the project shall receive from the State an amount equal to 20% of the funding for the project upon submission of documentation demonstrating those facts to the Comptroller; however, the State shall not be required to make the payment unless the contribution of the qualified Chicago Medicare Metropolitan Statistical Area academic medical center hospital exceeds $100,000. The documentation must be submitted within 180 days of the beginning of the fiscal year. These amounts shall be paid from the Market Medical Research Account.

(b) No hospital under the Medical Research and Development Challenge Program shall receive more than 20% of the total amount appropriated to the Medical Research and Development Fund.     The amounts received under the Medical Research and Development Challenge Program by the Southern Illinois University School of Medicine in Springfield and its affiliated primary teaching hospitals, considered as a single entity, shall not exceed an amount equal to one‑sixth of the total amount available for distribution from the Medical Research and Development Fund, multiplied by a fraction, the numerator of which is the amount awarded the Southern Illinois University School of Medicine and its affiliated teaching hospitals in grants or contracts by the National Institutes of Health and the denominator of which is $8,000,000.     (c) On or after the 180th day of the fiscal year the Comptroller may transfer unexpended funds in any account of the Medical Research and Development Fund to pay appropriate claims against another account.     (d) The amounts due each qualified Chicago Medicare Metropolitan Statistical Area academic medical center hospital under the Medical Research and Development Fund from the National Institutes of Health Account, the Philanthropic Medical Research Account, and the Market Medical Research Account shall be combined and one quarter of the amount payable to each qualified Chicago Medicare Metropolitan Statistical Area academic medical center hospital shall be paid on the fifteenth working day after July 1, October 1, January 1, and March 1 or on a schedule determined by the Department of Healthcare and Family Services by rule that results in a more expeditious payment of the amounts due.     (e) The Southern Illinois University School of Medicine in Springfield and its affiliated primary teaching hospitals, considered as a single entity, shall be deemed to be a qualified Chicago Medicare Metropolitan Statistical Area academic medical center hospital for the purposes of this Section.     (f) In each State fiscal year, beginning in fiscal year 2008, the full amount appropriated for the Medical research and development challenge program for that fiscal year shall be distributed as described in this Section. (Source: P.A. 95‑744, eff. 7‑18‑08; 96‑821, eff. 11‑20‑09.)

    (30 ILCS 775/30)
    Sec. 30. Post‑Tertiary Clinical Services Program. The State shall provide incentives to develop and enhance post‑tertiary clinical services. Qualified academic medical center hospitals as defined in Section 15 may receive funding under the Post‑Tertiary Clinical Services Program for up to 3 qualified programs as defined in Section 15 in any given year; however, qualified academic medical center hospitals may receive continued funding for previously funded qualified programs rather than receive funding for a new program so long as the number of qualified programs receiving funding does not exceed 3. Each qualified academic medical center hospital as defined in Section 15 shall receive an equal percentage of the Post‑Tertiary Clinical Services Fund to be used in the funding of qualified programs. In each State fiscal year, beginning in fiscal year 2008, the full amount appropriated for the Post‑Tertiary Clinical Services Program for that fiscal year shall be distributed as described in this Section. One quarter of the amount payable to each qualified academic medical center hospital shall be paid on the fifteenth working day after July 1, October 1, January 1, and March 1 or on a schedule determined by the Department of Healthcare and Family Services by rule that results in a more expeditious payment of the amounts due.
(Source: P.A. 95‑744, eff. 7‑18‑08; 96‑821, eff. 11‑20‑09.)

    (30 ILCS 775/35)
    Sec. 35. Independent Academic Medical Center Program. There is created an Independent Academic Medical Center Program to provide incentives to develop and enhance the independent academic medical center hospital. In each State fiscal year, beginning in fiscal year 2002, the independent academic medical center hospital shall receive funding under the Program, equal to the full amount appropriated for that purpose for that fiscal year. In each fiscal year, one quarter of the amount payable to the independent academic medical center hospital shall be paid on the fifteenth working day after July 1, October 1, January 1, and March 1 or on a schedule determined by the Department of Healthcare and Family Services by rule that results in a more expeditious payment of the amounts due.
(Source: P.A. 96‑821, eff. 11‑20‑09.)

(30 ILCS 775/55)     Sec. 55. Payment of funds. The Comptroller shall pay funds appropriated to the Post‑Tertiary Clinical Services Fund and the Medical Research and Development Fund to the appropriate qualified academic medical center hospitals as the funds are appropriated by the General Assembly and come due under this Act. The payment of all funds under this Act by the State shall be made directly to the academic medical center hospital due the funds, except any funds due to any institution of the University of Illinois as defined in Section 15 shall be paid to the University of Illinois at Chicago Medical Center, which shall be bound to expend the funds on the institution due the funds. (Source: P.A. 89‑506, eff. 7‑3‑96.)

(30 ILCS 775/60)     Sec. 60. Restriction on funds. No academic medical center hospital shall be eligible for payments from the Medical Research and Development Fund unless the academic medical center hospital qualifies under Section 15 as a qualified Chicago Medicare Metropolitan Statistical Area academic medical center hospital which in connection with its affiliated medical school received at least $8,000,000 in the preceding calendar year in grants or contracts from the National Institutes of Health; except that this restriction does not apply to the entity specified in subsection (e) of Section 25.     If a hospital is eligible for funds from the Independent Academic Medical Center Fund, that hospital shall not receive funds from the Medical Research and Development Fund or the Post‑Tertiary Clinical Services Fund. If a hospital receives funds from the Medical Research and Development Fund or the Post‑Tertiary Clinical Services Fund, that hospital is ineligible to receive funds from the Independent Academic Medical Center Fund. (Source: P.A. 92‑10, eff. 6‑11‑01.)

    (30 ILCS 775/65)
    Sec. 65. Reporting requirements. On or before May 1 of each year, the chief executive officer of each Qualified Academic Medical Center Hospital shall submit a report to the Comptroller regarding the effects of the programs authorized by this Act. The report shall also report the total amount of grants from and contracts with the National Institutes of Health in the preceding calendar year. It shall assess whether the programs funded are likely to be successful, require further study, or no longer appear to be promising avenues of research. It shall discuss the probable use of the developmental program in mainstream medicine including both cost impact and medical effect. The report shall address the effects the programs may have on containing Title XIX and Title XXI costs in Illinois. The Comptroller shall immediately forward the report to the Director of Healthcare and Family Services and the Director of Public Health who shall evaluate the contents in a letter submitted to the President of the Senate and the Speaker of the House of Representatives.
(Source: P.A. 95‑331, eff. 8‑21‑07.)

(30 ILCS 775/70)     Sec. 70. Restriction on advertising as a State designated center of excellence in health care. A hospital receiving funds under this Act shall not advertise itself to the public or to government or private funding sources as a State designated center of excellence in health care.     Hospitals that qualify for funding under this Act are permitted to inform the public and government or private funding sources that they are eligible for State matching funds. If sufficient evidence is found that hospitals are violating this prohibition, the Comptroller may summarily remove them from the program. (Source: P.A. 89‑506, eff. 7‑3‑96.)

    (30 ILCS 775/74)
    Sec. 74. Reimbursement methodology. The Department of Healthcare and Family Services may develop a reimbursement methodology consistent with this Act for distribution of moneys from the funds in a manner that would allow distributions from these funds to be matchable under Title XIX of the Social Security Act. The Department may promulgate rules necessary to make these distributions matchable.
(Source: P.A. 95‑331, eff. 8‑21‑07.)

(30 ILCS 775/75)     Sec. 75. Reimbursements or payments by the State. Nothing in this Act may be used to reduce reimbursements or payments by the State to a hospital under any other Act. (Source: P.A. 89‑506, eff. 7‑3‑96.)

(30 ILCS 775/80)     Sec. 80. Contravention of law. Funds received under this Act shall not be used in contravention of any law of this State. (Source: P.A. 89‑506, eff. 7‑3‑96.)

(30 ILCS 775/95)     Sec. 95. Legislative intent. In the event that both this Act and Senate Bill 690 of the 89th General Assembly become law, it is the intent of the General Assembly that this Act shall control over and supersede the version of the Excellence in Academic Medicine Act contained in Senate Bill 690. (Source: P.A. 89‑506, eff. 7‑3‑96.)

(30 ILCS 775/100)     Sec. 100. (Amendatory provisions; text omitted). (Source: P.A. 89‑506, eff. 7‑3‑96; text omitted.)

(30 ILCS 775/160)     Sec. 160. (Amendatory provisions; text omitted). (Source: P.A. 89‑506, eff. 7‑3‑96; text omitted.)

(30 ILCS 775/165)     Sec. 165. If and only if House Bill 2632 of the 89th General Assembly becomes law, the Department of Human Services Act is amended by repealing Section 80‑40. (Source: P.A. 89‑506, eff. 7‑3‑96.)

(30 ILCS 775/170)     Sec. 170. Severability. This Act is severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 89‑506, eff. 7‑3‑96.)

(30 ILCS 775/199)     Sec. 199. Effective date. This Act takes effect upon becoming law except that the provisions of Sections 160 and 165 of this Act take effect upon becoming law or on the effective date of House Bill 2632 of the 89th General Assembly, whichever occurs later. (Source: P.A. 89‑507, eff. 7‑3‑96.)