Bill Title: Amends the Family Practice Residency Act. Changes the title of the Act to the Underserved Physician Workforce Act. Provides that the Act applies to primary care physicians, general surgeons, emergency medicine physicians, or obstetricians (rather than primary care physicians and other eligible primary care providers). Defines "primary care physician". Makes conforming and other changes, including amending the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois, Nurses in Advancement Law, Private Medical Scholarship Agreement Act, and Illinois Public Aid Code. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2019-07-22 - Public Act . . . . . . . . . 101-0118
[SB0447 Detail]Download: Illinois-2019-SB0447-Chaptered.html
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Public Act 101-0118
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SB0447 Enrolled | LRB101 04208 AXK 49216 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Department of Public Health Powers and |
Duties Law of the
Civil Administrative Code of Illinois is |
amended by changing Section 2310-220 as follows:
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(20 ILCS 2310/2310-220) (was 20 ILCS 2310/55.73)
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Sec. 2310-220. Findings; rural obstetrical care. The |
General
Assembly finds
that substantial areas of rural Illinois |
lack adequate access to obstetrical
care. The primary cause of |
this problem is the absence of qualified
practitioners who are |
willing to offer obstetrical services. A significant
barrier to |
recruiting and retaining those practitioners is the high cost |
of
professional liability insurance for practitioners offering |
obstetrical care.
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Therefore, the Department, from funds appropriated for |
that purpose, shall
award grants to physicians practicing |
obstetrics in rural designated shortage
areas, as defined in |
Section 3.04 of the Underserved Physician Workforce Family |
Practice Residency Act, for the
purpose of reimbursing those |
physicians for the costs of obtaining malpractice
insurance |
relating to obstetrical services. The Department shall |
establish
reasonable conditions, standards, and duties |
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relating to the application for
and receipt of the grants.
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(Source: P.A. 91-239, eff. 1-1-00.)
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Section 10. The Family Practice Residency Act is amended by |
changing the title of the Act and Sections 1, 2, 3.03, 3.06, |
3.07, 3.09, 4.01, 4.02, 4.07, 4.10, 4.11, 5, 6, and 9 and by |
adding Section 3.10 as follows:
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(110 ILCS 935/Act title)
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An Act to provide grants for primary care and other family |
practice residency programs , and
medical student scholarships , |
and loan repayment assistance through the Illinois Department |
of Public Health.
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(110 ILCS 935/1) (from Ch. 144, par. 1451)
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Sec. 1.
This Act shall be known and may be cited as the |
Underserved Physician Workforce Act "Family Practice
Residency |
Act" .
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(Source: P.A. 80-478.)
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(110 ILCS 935/2) (from Ch. 144, par. 1452)
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Sec. 2.
The purpose of this Act is to establish programs in |
the
Illinois Department of Public Health to upgrade primary |
health care
services for all citizens of the State, to increase |
access, and to reduce health care disparities by providing |
grants to family
practice and preventive medicine residency |
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programs, scholarships to
medical students, and a loan |
repayment program for physicians and other eligible health |
primary 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
family practice |
physicians and other eligible health care primary care |
providers to locate in areas where health manpower
shortages |
exist and to increase the total number of family practice
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physicians and other eligible health care primary care |
providers in the State.
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(Source: P.A. 98-674, eff. 6-30-14.)
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(110 ILCS 935/3.03) (from Ch. 144, par. 1453.03)
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Sec. 3.03.
"Committee" means the Advisory Committee for |
Family
Practice Residency Programs created by this Act.
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(Source: P.A. 80-478.)
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(110 ILCS 935/3.06) (from Ch. 144, par. 1453.06)
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Sec. 3.06.
" Residency Family practice 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.
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(Source: P.A. 84-1341.)
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(110 ILCS 935/3.07) (from Ch. 144, par. 1453.07)
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Sec. 3.07.
"Eligible medical student" means a person who |
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meets all of
the following qualifications:
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(a) he or she is an Illinois resident at the time of |
application for
a scholarship under the program |
established by this Act;
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(b) he or she is studying medicine in a medical school |
located in
Illinois;
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(c) he or she exhibits financial need as determined by |
the
Department; and
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(d) he or she agrees to practice full-time in a |
Designated
Shortage Area as a primary care physician , |
general surgeon, emergency medicine physician, or |
obstetrician one year for each year he or she
is a |
scholarship recipient.
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(Source: P.A. 84-1341.)
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(110 ILCS 935/3.09) |
Sec. 3.09. Eligible health care provider primary care |
providers . "Eligible health care provider primary care |
providers " means a primary care physician, general surgeon, |
emergency medicine physician, or obstetrician health care |
providers within specialties determined to be eligible by the |
U.S. Health Resources and Services Administration for the |
National Health Service Corps Loan Repayment Program .
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(Source: P.A. 98-674, eff. 6-30-14.)
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(110 ILCS 935/3.10 new) |
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Sec. 3.10. Primary care physician. "Primary care |
physician" means a general internist, family physician, or |
general pediatrician.
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(110 ILCS 935/4.01) (from Ch. 144, par. 1454.01)
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Sec. 4.01.
To allocate funds to family practice residency |
programs
according to the following priorities:
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(a) to increase the number of eligible health care |
providers family practice physicians in
Designated |
Shortage Areas;
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(b) (blank); to increase the percentage of |
obstetricians establishing practice
within the State upon |
completion of residency;
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(c) to increase the number of accredited , eligible |
health care provider family practice residencies
within |
the State;
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(d) to increase the percentage of eligible health care |
providers family practice physicians
establishing practice |
within the State upon completion of residency; and
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(e) to provide funds for rental of office space, |
purchase of equipment ,
and other uses necessary to enable |
eligible health care providers family practitioners to |
locate their
practices in communities located in |
designated shortage areas.
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(Source: P.A. 86-1384.)
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(110 ILCS 935/4.02) (from Ch. 144, par. 1454.02)
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Sec. 4.02.
To determine the procedures for the distribution |
of the
funds to family practice residency programs, including |
the establishment
of eligibility criteria in accordance with |
the following guidelines:
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(a) preference for programs which are to be established |
at locations
which exhibit potential for extending |
eligible health care provider family practice physician
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availability to Designated Shortage Areas;
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(b) preference for programs which are located away from |
communities
in which medical schools are located; and
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(c) preference for programs located in hospitals |
having affiliation
agreements with medical schools located |
within the State.
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In distributing such funds, the Department may also |
consider as secondary
criteria whether a family practice |
residency program has:
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(1) Adequate courses of instruction in the behavioral |
sciences;
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(2) Availability and systematic utilization of |
opportunities for residents
to gain experience through |
local health departments or other preventive
or |
occupational medical facilities;
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(3) A continuing program of community-oriented |
research in such areas
as risk factors in community |
populations, immunization levels, environmental
hazards, |
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or occupational hazards;
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(4) Sufficient mechanisms for maintenance of quality |
training, such as
peer review, systematic progress |
reviews, referral system, and maintenance
of adequate |
records; and
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(5) An appropriate course of instruction in societal, |
institutional , and
economic conditions affecting a rural |
health care family practice.
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(Source: P.A. 81-321.)
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(110 ILCS 935/4.07) (from Ch. 144, par. 1454.07)
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Sec. 4.07.
To coordinate the family 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 " .
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(Source: P.A. 80-478.)
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(110 ILCS 935/4.10) (from Ch. 144, par. 1454.10)
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Sec. 4.10.
To establish programs, and the criteria for such |
programs,
for the repayment of the educational loans of primary |
care physicians and other eligible health primary 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 |
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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.
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(Source: P.A. 98-674, eff. 6-30-14.)
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(110 ILCS 935/4.11) (from Ch. 144, par. 1454.11)
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Sec. 4.11.
To require family practice 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.
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(Source: P.A. 80-478.)
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(110 ILCS 935/5) (from Ch. 144, par. 1455)
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Sec. 5.
The Advisory Committee for Family Practice |
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 family practice
physicians , |
one of whom shall be the dean or associate or deputy dean of a
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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
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serve after the expiration of his term until his successor has |
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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 family |
practice
physician 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.
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(Source: P.A. 92-635, eff. 7-11-02.)
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(110 ILCS 935/6) (from Ch. 144, par. 1456)
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Sec. 6.
Residency Family practice 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
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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.
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(Source: P.A. 80-478.)
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(110 ILCS 935/9) (from Ch. 144, par. 1459)
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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.
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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 physicians and other health
care providers |
personnel . The report shall include recommendations to improve |
that
ability.
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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
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Distribution Center for the General Assembly as is required |
under paragraph
(t) of Section 7 of the State Library Act.
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(Source: P.A. 100-1148, eff. 12-10-18.)
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(110 ILCS 935/7 rep.) |
Section 15. The Family Practice Residency Act is amended by |
repealing Section 7.
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Section 20. The Nurses in Advancement Law is amended by |
changing Section 1-20 as follows:
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(110 ILCS 970/1-20) (from Ch. 144, par. 2781-20)
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Sec. 1-20. Scholarship requirements. It shall be lawful for |
any
organization to condition any loan or grant upon the |
recipient's executing
an agreement to commit not more than 5 |
years of his or her professional
career to the goals |
specifically outlined within the agreement including a
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requirement that recipient practice nursing or medicine in |
specifically
designated practice and geographic areas.
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Any agreement executed by an organization and any recipient |
of loan or grant
assistance shall contain a provision for |
liquidated damages to be paid for
any breach of any provision |
of the agreement, or any commitment
contained therein, together |
with attorney's fees and costs for the enforcement
thereof. Any |
such covenant shall be valid and enforceable in the courts of
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this State as liquidated damages and shall not be considered a |
penalty,
provided that the provision for liquidated damages |
does not exceed $2,500 for
each year remaining for the |
performance of the agreement.
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This Section shall not be construed as pertaining to or |
limiting any
liquidated damages resulting from scholarships |
awarded under the Underserved Physician Workforce Family
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Practice Residency Act.
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(Source: P.A. 92-651, eff. 7-11-02.)
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Section 25. The Private Medical Scholarship Agreement Act |
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is amended by changing Section 3 as follows:
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(110 ILCS 980/3) (from Ch. 144, par. 2703)
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Sec. 3.
Any such agreement executed by such an organization |
and any
recipient of loan, grant assistance or recommendation |
may contain a provision for
liquidated damages to be paid for |
any breach of any provision of the
agreement, or any commitment |
contained therein, together with attorney's fees and costs
for |
the enforcement thereof. Any such covenant shall be valid and
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enforceable in the courts of this State as liquidated damages |
and shall not
be considered a penalty, provided that such |
provision for liquidated damages does not
exceed $2,500 for |
each year
remaining for the performance of such agreement.
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This Section shall not be construed as pertaining to or |
limiting any
liquidated damages resulting from scholarships |
awarded under the Underserved Physician Workforce "Family
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Practice Residency Act ", as amended .
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(Source: P.A. 86-999.)
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Section 30. The Illinois Public Aid Code is amended by |
changing Section 12-4.24a as follows:
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(305 ILCS 5/12-4.24a) (from Ch. 23, par. 12-4.24a)
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Sec. 12-4.24a.
Report and recommendations concerning |
designated
shortage area. The Illinois Department shall |
analyze payments made to
providers of medical services under |
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Article V of
this Code to
determine whether any special |
compensatory standard should be applied to
payments to such |
providers in designated shortage areas as defined in
Section |
3.04 of the Underserved Physician Workforce Family Practice |
Residency Act , as now or hereafter
amended . The Illinois |
Department shall, not later than June 30, 1990,
report to the |
Governor and the General Assembly concerning the results of
its |
analysis, and may provide by rule for adjustments in its |
payment rates
to medical service providers in such areas.
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(Source: P.A. 92-111, eff. 1-1-02.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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