(20 ILCS 2310/Art. 2310 heading)
ARTICLE 2310.
DEPARTMENT OF PUBLIC HEALTH
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(20 ILCS 2310/2310-1)
Sec. 2310-1.
Article short title.
This Article 2310 of the Civil
Administrative
Code of Illinois may be cited as the Department of Public Health Powers and
Duties Law.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-5)
Sec. 2310-5. Definitions. In this Law:
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Public health emergency" has the meaning set forth in Section 4 of the Illinois Emergency Management Agency Act.
(Source: P.A. 93-829, eff. 7-28-04.)
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(20 ILCS 2310/2310-10) (was 20 ILCS 2310/55)
Sec. 2310-10.
Powers and duties, generally.
The Department has the powers and
duties
enumerated in the Sections following this Section.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-12)
Sec. 2310-12. Internal oversight review and unified report. As required in Section 1-37 of the Department of Human Services Act, the Department shall conduct an internal review and work in conjunction with the Department of Human Services and other State human services agencies in the development of a unified report to the General Assembly summarizing the provider contracts issued by the agencies; auditing requirements related to these contracts; licensing and training requirements subject to audits; mandated reporting requirements for grant recipients and contractual providers; the extent to which audits or rules are redundant or result in duplication; and proposed actions to address the redundancy or duplication.
(Source: P.A. 96-1141, eff. 7-21-10.)
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(20 ILCS 2310/2310-12a)
Sec. 2310-12a. Cross-agency prequalification and master service agreements. As required in Section 1-37a of the Department of Human Services Act, the Department shall have the authority and is hereby directed to collaborate with the Department of Human Services and other State human services agencies in the adoption of joint rules to establish (i) a cross-agency prequalification process for contracting with human service providers; (ii) a cross-agency master service agreement of standard terms and conditions for contracting with human service providers; and (iii) a cross-agency common service taxonomy for human service providers to streamline the processes referenced in this Section and outlined in Section 1-37a of the Department of Human Services Act.
(Source: P.A. 97-210, eff. 7-28-11.)
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(20 ILCS 2310/2310-15) (was 20 ILCS 2310/55.02)
Sec. 2310-15. General supervision of health; delegation to certified local health departments. To have the general supervision of the interests of the
health
and lives of the people of the State and to exercise the rights, powers,
and
duties of those Acts that it is by law authorized to enforce. The
Department shall have the general authority to delegate to certified local health departments the duties and powers under those Acts it is
authorized to enforce for the purpose of local administration and
enforcement. Upon accepting the delegation of duties and powers, certified local health departments shall administer and enforce the minimum program standards
promulgated by the Department under the provisions of those Acts.
Certified local health departments may establish reasonable fees for the
permits, licenses, or other activities performed under the delegation
agreement. Upon delegation of duties and powers, the Department may waive any portion of its fees established by
statute or rule.
(Source: P.A. 95-205, eff. 1-1-08.)
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(20 ILCS 2310/2310-20) (was 20 ILCS 2310/55.17)
Sec. 2310-20.
Promoting information of general public.
To
promote the information of the general public in all matters
pertaining to health.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-25) (was 20 ILCS 2310/55.05)
Sec. 2310-25.
Disbursements to agencies and organizations; payments for
individuals. To approve the disbursement of State and federal
funds to
local health authorities and to other public or private agencies and
organizations for the development of health programs or services, and to
make payments to or on behalf of individuals suffering from diseases or
disabilities from
appropriations made available to the Department for those
purposes.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-30) (was 20 ILCS 2310/55.12)
Sec. 2310-30.
Contracts for health services and products.
To
enter into contracts with the Federal Government, other
States, local governmental units, and other public or private agencies or
organizations for the purchase, sale, or exchange of health services and
products that may benefit the health of the people.
(Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-33)
Sec. 2310-33. Access to patient claims and encounter data. To establish reasonable billing rates for persons requesting electronic access to patient data collected under Section 4-2 of the Illinois Health Finance Reform Act for use by a requesting entity, including, but not limited to, an agency, academic research organization, or private sector organization, and for producing studies, data products, or analyses of such data. All moneys received by the Department from the billing authorized under this Section must be deposited into the Public Health Special State Projects Fund. In providing electronic access to patient claims and encounter data, the Department shall undertake all steps necessary under State and federal law, including the Gramm-Leach-Bliley Act (12 U.S.C. §1811 et. seq.) and the Health Insurance Portability and Accountability Act privacy regulations (45 C.F.R. Part 164), to protect patient confidentiality in order to prevent the identification of individual patients.
(Source: P.A. 94-501, eff. 8-8-05.)
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(20 ILCS 2310/2310-35) (was 20 ILCS 2310/55.27)
Sec. 2310-35. Federal monies; indirect cost reimbursements. To accept, receive, and
receipt for
federal monies, for
and in
behalf of the State, given by the federal government under any federal law
to the State for health purposes, surveys, or programs, and to adopt
necessary rules pertaining thereto pursuant to the Illinois Administrative
Procedure Act. To deposit indirect cost reimbursements received by the Department into the Public Health Special State Projects Fund, and to expend those funds, subject to appropriation, for public health purposes only.
(Source: P.A. 93-829, eff. 7-28-04.)
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(20 ILCS 2310/2310-40) (was 20 ILCS 2310/55.28)
Sec. 2310-40.
Gifts and donations.
To accept, receive, and
receipt for gifts, donations, grants, or
bequests for health purposes.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-45) (was 20 ILCS 2310/55.29)
Sec. 2310-45.
State Treasurer as custodian of funds.
Funds
received by the Department pursuant to
Section 2310-35 or 2310-40 shall be
deposited
with the State Treasurer and
held and disbursed by the Treasurer in accordance with the
Treasurer as Custodian of Funds Act.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-50) (was 20 ILCS 2310/55.19)
Sec. 2310-50.
Cooperation of organizations and agencies.
To
enlist the cooperation of organizations of physicians and
other agencies for the promotion and improvement of health and sanitation
throughout the State.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-50.5)
Sec. 2310-50.5. Coordination concerning public health emergencies. To
coordinate with the Illinois Emergency Management Agency with
respect to planning for and responding to public health emergencies, as defined
in Section 4 of the Illinois Emergency Management Agency Act. The Department shall additionally cooperate with the Governor, other State agencies and local authorities, including local public health authorities, in the development of strategies and plans to protect the public health in the event of a public health emergency, as defined in Section 4 of the Illinois Emergency Management Agency Act.
(Source: P.A. 93-249, eff. 7-22-03; 93-829, eff. 7-28-04.)
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(20 ILCS 2310/2310-55) (was 20 ILCS 2310/55.14)
Sec. 2310-55.
Collecting information regarding mortality and other matters.
To obtain, collect, and preserve information relative
to
mortality, morbidity, disease, and health that may be useful in
the discharge
of its duties or may contribute to the promotion of health or to the
security of life in this State.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-55.5)
Sec. 2310-55.5. Free and reduced fare services. The Regional Transportation Authority shall monthly provide the Department with a list of riders that receive free or reduced fares under the Regional Transportation Authority Act. The list shall include an individual's name, address, and date of birth. The Department shall, within 2 weeks after receipt of the list, report back to the Regional Transportation Authority any discrepancies that indicate that a rider receiving free or reduced fare services is deceased.
(Source: P.A. 97-781, eff. 1-1-13.)
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(20 ILCS 2310/2310-57)
Sec. 2310-57.
Collecting information regarding hospital discharges and
surgery. The Department of Public Health shall establish a system for the
collection of data regarding hospital discharges and inpatient and outpatient
surgery performed at hospitals and licensed ambulatory surgical treatment
centers.
The Department may establish a system to provide data to hospitals required
for accreditation, including data required by the Joint Commission on
Accreditation of Healthcare Organizations.
The Department may adopt any rules necessary to carry out this function,
including reasonable fees for providing accreditation data. The Department
may contract with a vendor to collect any data required to be submitted to
the Department under this Section.
(Source: P.A. 92-597, eff. 6-28-02.)
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(20 ILCS 2310/2310-60) (was 20 ILCS 2310/55.22)
Sec. 2310-60.
Publishing documents relating to health.
To print,
publish, and distribute documents, reports, bulletins,
certificates, and other matter relating to the prevention of diseases and
the health and sanitary conditions of the State.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-65) (was 20 ILCS 2310/55.26)
Sec. 2310-65.
Hospital construction and health service programs.
To conduct State-wide inventories of existing hospitals, health
service facilities, and personnel for hospital and medical care and a
survey
of need of hospitals, health service facilities, and personnel; to
adopt
State plans, based upon those inventories and surveys, embracing a
hospital
construction program and a health service program for hospital and medical
care; to make reports in the form and containing the information that
the Surgeon General of the United States Public Health Service may from
time to time reasonably require; and to do all other things on behalf of
the State that may be necessary in order for the State to
participate in the
benefits of the Hospital Survey and Construction Act, enacted by the
79th
Congress, and any other Act enacted by Congress pertaining to hospital and
medical care and health services. The Department is
designated as the sole State agency for the administration of those State
plans and as the agency for receiving payments to the State from the United
States of America in accordance with the provisions of those Acts
of
Congress.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-67)
Sec. 2310-67. Health care facility closure.
(a) In this Section:
"Closing" means ceasing all operations under an existing facility license that results in patients no longer being treated at the closed location. The term "closing" does not include a situation where a facility ceases operations at one location while contemporaneously establishing a replacement facility in another location.
"Health care facility" or "facility" means a public or private hospital, ambulatory surgical treatment center, nursing home, or kidney disease treatment center.
(b) A hospital must provide a written pre-closing statement to the Department no less than 90 days before permanently closing its facility. A health care facility other than a hospital must provide a written pre-closing statement to the Department no less than 90 days before permanently closing its facility. The statement must address all of the following:
(1) Whether arrangements have been made for the
| | timely transfer of patient records, regardless of format, to another health care facility, or another secure facility. The name of the new location shall be published on the Department's website.
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| (2) Whether an agreement with the facility receiving
| | the patient records has been made that provides for the following:
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| (A) Safe storage of patient records.
(B) Privacy of patient record information.
(C) Availability of patient records for release
| | to individuals lawfully authorized to receive them.
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| (D) Periodic destruction of patient records for
| | which the statutory retention period has expired.
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| (3) Whether the health care facility has arranged to
| | provide notice to the public, at least 30 days before closing, of the planned closing of the facility. The notice must include an explanation of how to obtain copies of the patient records for those authorized to access those records. Notice may be given by publication in a newspaper of general circulation in the area in which the health care facility is located.
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| (4) In the case of a hospital, whether arrangements
| | have been made for (i) the timely transfer of medical staff credentialing files and (ii) notification to physicians on the hospital's staff of the location of those files.
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| (5) Whether arrangements have been made for the
| | transfer or disposal of hazardous and other waste, if any, in accordance with the Radiation Protection Act, the Environmental Protection Act, and other applicable laws and regulations.
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| (6) Whether arrangements have been made for the
| | disposition of legend drugs, if any, in accordance with the Pharmacy Practice Act and other applicable laws and regulations.
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| (7) Whether arrangements have been made for securing
| | the health care facility building or buildings and remaining medical equipment, if any.
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| (8) The intended date upon which business will cease.
(b) The Department shall require a closed health care facility, or its designee, to provide to the Department a written post-closing statement that (i) describes the completion of, and any changes to, the plan of closure set forth in the facility's pre-closing statement and (ii) states the actual date on which business ceased. The Department may verify that the arrangements or other provisions of the plan of closure have been implemented and shall notify appropriate State and federal authorities of the closure to ensure compliance with other applicable laws and regulations.
(Source: P.A. 96-596, eff. 8-18-09.)
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(20 ILCS 2310/2310-75) (was 20 ILCS 2310/55.38)
Sec. 2310-75.
(Repealed).
(Source: P.A. 92-84, eff. 7-1-02. Repealed internally, eff. 7-1-02.)
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(20 ILCS 2310/2310-76)
Sec. 2310-76. Chronic Disease Prevention and Health Promotion Task Force.
(a) In Illinois, as well as in other parts of the United States, chronic diseases are a significant health and economic problem for our citizens and State government. Chronic diseases such as cancer, diabetes, cardiovascular disease, and arthritis are largely preventable non-communicable conditions associated with risk factors such as poor nutrition, physical inactivity, tobacco or alcohol abuse, as well as other social determinants of chronic illness. It is fully documented by national and State data that significant disparity exists between racial, ethnic, and socioeconomic groups and that the incidence and impact of many of these conditions disproportionately affect these populations.
Chronic diseases can take away a person's quality of life or his or her ability to work. The Centers for Disease Control and Prevention reports that 7 out of 10 Americans who die each year, or more than 1.7 million people, die of a chronic disease. In Illinois, studies have indicated that during the study period the State has spent more than $12.5 billion in health care dollars to treat chronic diseases in our State. The financial burden for Illinois from the impact of lost work days and lower employee productivity during the same time period related to chronic diseases resulted in an annual economic loss of $43.6 billion. These same studies have concluded that improvements in preventing and managing chronic diseases could drastically reduce future costs associated with chronic disease in Illinois and that the most effective way to trim healthcare spending in Illinois and across the U.S. is to take measures aimed at preventing diseases before we have to treat them. Furthermore, by addressing health disparities and by targeting chronic disease prevention and health promotion services toward the highest risk groups, especially in communities where racial, ethnic, and socioeconomic factors indicate high rates of these diseases, the goals of improving the overall health status for all Illinois residents can be achieved. Health promotion and prevention programs and activities are scattered throughout a number of State agencies with various streams of funding and little coordination. While the State has been looking at making significant changes to healthcare coverage for a portion of the population, in order to have the most effective impact, any changes to the healthcare delivery system in Illinois should take into consideration and integrate the role of prevention and health promotion in that system.
(b) Subject to appropriation, a Task Force on Chronic Disease Prevention and Health Promotion shall be convened to study and make recommendations regarding the structure of the chronic disease prevention and health promotion system in Illinois, as well as changes that should be made to the system in order to integrate and coordinate efforts in the State and ensure continuity and consistency of purpose and the elimination of disparity in the delivery of this care in Illinois.
(c) The Department of Public Health shall have primary responsibility for, and shall provide staffing and technical and administrative support for, the Task Force in its efforts. The other State agencies represented on the Task Force shall work cooperatively with the Department of Public Health to provide administrative and technical support to the Task Force in its efforts. Membership of the Task Force shall consist of 19 members as follows: the Public Health Advocate, appointed by the Governor; the Director of Public Health, who shall serve as Chair; the Secretary of Human Services or his or her designee; the Director of Aging or his or her designee; the Director of Healthcare and Family Services or his or her designee; 4 members of the General Assembly, one from the State Senate appointed by the President of the Senate, one from the State Senate appointed by the Minority Leader of the Senate, one from the House of Representatives appointed by the Speaker of the House, and one from the House of Representatives appointed by the Minority Leader of the House; and 10 members appointed by the Director of Public Health and who shall be representative of State associations and advocacy organizations with a primary focus that includes chronic disease prevention, public health delivery, medicine, health care and disease management, or community health.
(d) The Task Force shall seek input from interested parties and shall hold a minimum of 3 public hearings across the State, including one in northern Illinois, one in central Illinois, and one in southern Illinois.
(e) On or before December 31, 2010, the Task Force shall, at a minimum, make recommendations to the General Assembly and the Director of Public Health on the following: reforming the delivery system for chronic disease prevention and health promotion in Illinois; ensuring adequate funding for infrastructure and delivery of programs; addressing health disparity; and the role of health promotion and chronic disease prevention in support of State spending on health care.
(Source: P.A. 95-900, eff. 8-25-08; 96-328, eff. 8-11-09; 96-1073, eff. 7-16-10.)
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(20 ILCS 2310/2310-77)
Sec. 2310-77. Chronic Disease Nutrition and Outcomes Advisory Commission.
(a) Subject to appropriation, the Chronic Disease Nutrition and Outcomes Advisory Commission is created to advise the Department on how best to incorporate nutrition as a chronic disease management strategy into State health policy to avoid Medicaid hospitalizations, and how to measure health care outcomes that will likely be required by new federal legislation.
(b) The Commission shall consist of all of the following members:
(1) One member of the Senate appointed by the
| | President of the Senate and one member of the Senate appointed by the Minority Leader of the Senate.
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| (2) One member of the House of Representatives
| | appointed by the Speaker of the House of Representatives and one member of the House of Representatives appointed by the Minority Leader of the House of Representatives.
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| (3) Five members appointed by the Governor as follows:
(A) One representative of a not-for-profit social
| | service agency that provides clinical nutrition services to individuals with HIV/AIDS and other chronic diseases.
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| (B) One representative of a teaching medical
| | hospital that collaborates with community social service providers.
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| (C) One representative of a social service agency
| | that provides outreach, counseling, and housing for chronically ill individuals.
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| (D) One person who is a licensed physician with
| | expertise in treating individuals with chronic illnesses, including heart disease, hypertension, and HIV/AIDS, among others.
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| (E) One representative of a not-for-profit
| | community based agency that provides direct care, supportive services, and education related to chronic illnesses, including heart disease, hypertension, and HIV/AIDS, among others.
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| Each Commission member shall serve for a term of 3 years and until his or her successor is appointed. Vacancies shall be filled in the same manner as original appointments.
(c) The Commission shall meet to organize and select a chairperson upon appointment of a majority of the members. The chairperson shall be elected by a majority vote of the members appointed to the Commission. The Commission shall meet at least 4 times a year at the call of the chairperson. Members of the Commission shall serve without compensation, but may be reimbursed for reasonable expenses incurred as a result of their duties as members of the Commission from funds appropriated to the Department for that purpose.
(d) The Commission shall submit an annual report to the Department on or before July 1, 2011 and on or before July 1 of each year thereafter with its recommendations.
(e) The Department shall provide administrative and staff support to the Commission.
(Source: P.A. 96-1502, eff. 1-27-11.)
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(20 ILCS 2310/2310-80) (was 20 ILCS 2310/55.89)
Sec. 2310-80.
Aging Veterans Task Force.
(a) The Director shall appoint an Aging Veterans Task Force to study the
capability of the State to provide health care to veterans of the armed forces
after the year 2000. The task force shall consist of persons representing
the Department, the Department of Veterans' Affairs, Illinois Veterans Homes,
hospitals, nursing homes, other health care facilities, and advocates for
residents of Illinois Veterans Homes, hospitals, nursing homes, and other
health care facilities. Members of the task force shall serve without
compensation other than reimbursement for necessary expenses incurred in the
performance of their duties.
(b) The task force shall conduct a comprehensive examination of the future
demands for health care by the State's aging veteran population and the ability
of the State to provide that health care.
(c) The task force shall make recommendations to assist the Department and
the Department of Veterans' Affairs in developing agency and legislative
changes to provide health care to the State's veterans after the year 2000.
The task force shall report its recommendations to the Department before
January 1, 1999.
(Source: P.A. 90-693, eff. 8-7-98; 91-239, eff. 1-1-00; 91-357, eff.
7-29-99.)
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(20 ILCS 2310/2310-90) (was 20 ILCS 2310/55.09)
Sec. 2310-90. Laboratories; fees; Public Health Laboratory Services Revolving
Fund. To maintain physical, chemical, bacteriological, and
biological
laboratories; to make examinations of milk, water, atmosphere, sewage, wastes,
and other substances, and equipment and processes relating thereto; to make
diagnostic tests for diseases and tests for the evaluation of health hazards
considered necessary for the protection of the people of the State; and to
assess a reasonable fee for services provided as established by regulation,
under the Illinois Administrative Procedure Act, which shall not exceed the
Department's actual costs to provide these services.
Excepting fees collected under the Newborn Metabolic Screening
Act and the Lead
Poisoning Prevention Act, all fees shall be deposited into the Public Health
Laboratory Services Revolving Fund. Other State and federal funds related to
laboratory services may also be deposited into the Fund, and all interest that
accrues on the moneys in the Fund shall be deposited into the Fund.
Moneys shall be appropriated from the Fund solely for the purposes of testing
specimens submitted in support of Department programs established for the
protection of human health, welfare, and safety, and for testing specimens
submitted by physicians and other health care providers, to determine whether
chemically hazardous, biologically infectious substances, or other disease
causing conditions are present.
(Source: P.A. 96-328, eff. 8-11-09.)
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(20 ILCS 2310/2310-100) (was 20 ILCS 2310/55.16)
Sec. 2310-100.
Work of local health officers and agencies.
To
keep informed of the work of local health officers and
agencies throughout the State.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-105) (was 20 ILCS 2310/55.18)
Sec. 2310-105.
Supervising and aiding local authorities.
To
supervise, aid, direct, and assist local health authorities
or agencies in the administration of the health laws.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-110) (was 20 ILCS 2310/55.25)
Sec. 2310-110.
Defense zones for public health purposes; local approval.
To
define the boundaries of defense zones within this State for
public health purposes, to alter those boundaries from time to
time, to establish
and maintain health departments in those defense zones, and to
prescribe
their powers and duties; provided, that no city, village, or incorporated
town that has established and is maintaining a board of health or
public
health board or department pursuant to the provisions of the Illinois
Municipal Code, or any portion of
that municipality or any territory owned by, leased to, or subject
to the
jurisdiction of any such municipality, shall be included within any such
defense zone except upon approval of the corporate authorities of the
municipality or of the mayor or president of the board of trustees of
the municipality
unless or until that approval is rescinded by action of the city
council or
board of trustees; provided, that in cities and villages under the
commission form of government, that approval must be concurred in
by a
majority of the council.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-130) (was 20 ILCS 2310/55.82)
Sec. 2310-130. Medicare or Medicaid certification fee;
Health Care Facility and Program Survey
Fund. To establish and charge a fee to any facility or program applying to be
certified to participate in the Medicare
program under Title XVIII of the federal Social Security Act or in the Medicaid
program under Title XIX of the federal Social Security Act to cover the costs
associated with the application, inspection, and survey of the facility or
program and processing of the application. The Department shall establish
the
fee by rule, and the fee shall be based only on those application,
inspection,
and survey and processing costs not reimbursed to the State by the federal
government. The fee shall be paid by the facility or program before the
application is processed.
The fees received by the Department under this Section shall be
deposited into the Health Care Facility and Program Survey Fund, which is
hereby created as a special fund in the State treasury. Moneys in the Fund
shall be appropriated to the Department and may be used for any costs incurred
by the Department, including personnel costs, in the processing of
applications for Medicare or Medicaid certification.
Beginning July 1, 2011, the Department shall employ a minimum of one surveyor for every 500 licensed long term care beds. Beginning July 1, 2012, the Department shall employ a minimum of one surveyor for every 400 licensed long term care beds. Beginning July 1, 2013, the Department shall employ a minimum of one surveyor for every 300 licensed long term care beds.
The Department shall establish a surveyor development unit funded from money deposited in the Long Term Care Monitor/Receiver Fund.
(Source: P.A. 96-1372, eff. 7-29-10; 97-489, eff. 1-1-12.)
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(20 ILCS 2310/2310-135) (was 20 ILCS 2310/55.37)
Sec. 2310-135. Notice of suspension or termination of medical services
provider under Public Aid Code. When the Department receives
notice from
the Department of Healthcare and Family Services (formerly Department of Public Aid), as required by Section 2205-10 of
the
Department of Healthcare and Family Services Law (20 ILCS 2205/2205-10), that
the authorization to provide medical services under Article V of the
Illinois Public Aid Code has been suspended or terminated
with respect to
any person, firm, corporation, association, agency, institution, or other
legal entity licensed under any Act administered by the Department of
Public Health, the Department of Public Health shall determine whether
there are reasonable grounds to investigate the circumstances that
resulted in the suspension or termination. If such reasonable
grounds are
found, the Department of Public Health shall conduct an investigation and
take disciplinary action against the licensee that the
Department
determines to be required under the appropriate licensing Act.
(Source: P.A. 95-331, eff. 8-21-07.)
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(20 ILCS 2310/2310-140) (was 20 ILCS 2310/55.37a)
Sec. 2310-140. Recommending suspension of licensed health care
professional. The Director, upon making a
determination based upon information in the possession of the Department
that continuation in practice of a licensed health care professional would
constitute an immediate danger to the public, shall submit a written
communication to the Director of
Professional Regulation indicating that determination and
additionally
(i) providing a complete summary of the information upon which the
determination is based and (ii) recommending that the Director of
Professional
Regulation immediately suspend the person's license. All relevant
evidence, or copies thereof, in the Department's possession may also be
submitted in conjunction with the written communication. A copy of the
written communication, which is exempt from the copying and inspection
provisions of the Freedom of Information Act, shall at the time of
submittal to the Director of
Professional Regulation be simultaneously mailed to the last known
business address of the licensed health care professional by
certified or
registered postage, United States Mail, return receipt requested. Any
evidence, or copies thereof, that is submitted in conjunction
with the
written communication is also exempt from the copying and
inspection
provisions of the Freedom of Information Act.
For the purposes of this Section, "licensed health care professional"
means any person licensed under the Illinois Dental Practice Act, the Nurse Practice Act, the Medical Practice Act of 1987, the
Pharmacy Practice Act, the Podiatric Medical Practice Act of
1987, or the Illinois Optometric Practice Act of 1987.
(Source: P.A. 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; 95-876, eff. 8-21-08.)
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(20 ILCS 2310/2310-145)
Sec. 2310-145. Registry of health care professionals. The Department of Public Health shall
maintain a registry of all active-status health care professionals,
including nurses, nurse practitioners, advanced practice nurses, physicians,
physician assistants, psychologists,
professional counselors, clinical professional counselors, and pharmacists.
The registry must consist of information shared between the Department of Public Health and the Department of Financial and Professional Regulation via a secure communication link. The registry must be updated on a quarterly basis.
The
registry shall be accessed in the event of an act of bioterrorism or other
public health emergency or for the planning for the possibility of such an event.
(Source: P.A. 96-377, eff. 1-1-10.)
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(20 ILCS 2310/2310-155) (was 20 ILCS 2310/55.24)
Sec. 2310-155.
Transfer of realty to other State agency; acquisition of
federal lands. To transfer jurisdiction of any realty under the
control of the
Department to any other department of State government, or to the State
Employees Housing Commission, or to acquire or accept federal lands, when
the transfer, acquisition, or acceptance is advantageous to
the State and
is approved in writing by the Governor.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-170) (was 20 ILCS 2310/55.30)
Sec. 2310-170.
No application to sanitary district with population over
1,000,000. Nothing contained in the Civil Administrative
Code of
Illinois shall apply to or be construed
in any manner to affect the property, real, personal, or mixed and wherever
situated, or the channels, drains, ditches, and outlets and adjuncts and
additions thereto and their use, operation, and maintenance and the right
to
the flow of water therein for sewage dilution, or affect the jurisdiction,
rights, power, duties, and obligations of any existing sanitary district
that now has a population of 1,000,000 or
more within its territorial
limits.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-185) (was 20 ILCS 2310/55.51)
Sec. 2310-185.
Criminal history record information.
Whenever
the
Department is authorized
or required by law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in conformance
with the requirements of Section 2605-400 of
the Department of State Police Law (20 ILCS 2605/2605-400), the Department of
State Police is
authorized to furnish, pursuant to positive identification, the information
contained in State files that is necessary to fulfill the request.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-186)
Sec. 2310-186. Criminal history record checks; task force. The Department of Public Health in collaboration with the Department of State Police shall create a task force to examine the process used by State and local governmental agencies to conduct criminal history record checks as a condition of employment or approval to render provider services to such an agency.
The task force shall be comprised of representatives from State and local agencies that require an applicant to undergo a fingerprint-based criminal history record check pursuant to State or federal law or agencies that are contemplating such a requirement. The task force shall include but need not be limited to representatives from the Department of State Police, the Illinois Criminal Justice Information Authority, the Department of Children and Family Services, the Department of Central Management Services, the Department of Healthcare and Family Services, the Department of Financial and Professional Regulation, the Department of Public Health, the Department of Human Services, the Department of Labor, the Office of the Secretary of State, the Illinois State Board of Education (whose representative or representatives shall consult with the Regional Offices of Education and representatives of 2 statewide teachers unions, a statewide organization representing school principals, a statewide school administrators organization, and school bus companies), the Live Scan fingerprinting industry, a union for child care workers who provide service to children, a large regional park district, and at least 2 statewide non-governmental, non-profit multi-issue advocacy organizations to represent the interests of prospective employees. The task force shall be chaired by 2 co-chairpersons, one appointed by the Director of Public Health and the other appointed by the Director of State Police. The task force members shall be appointed within 30 days after the effective date of this amendatory Act of the 96th General Assembly. The Department of Public Health and the Department of State Police shall jointly provide administrative and staff support to the task force as needed.
The task force shall review and make recommendations to create a more centralized and coordinated process for conducting criminal history record checks in order to reduce duplication of effort and make better use of resources and more efficient use of taxpayer dollars.
The task force shall provide a plan to revise the criminal history record check process to the General Assembly by January 1, 2011. The plan shall address the following issues:
(1) Identification of any areas of concern that have
| | been identified by stakeholders and task force members regarding State or federally mandated criminal history record checks.
|
| (2) Evaluation of the feasibility of using an
| | applicant's initial criminal history record information results for subsequent employment or licensing screening purposes while protecting the confidentiality of the applicant.
|
| (3) Evaluation of the feasibility of centralizing the
| | screening of criminal history record information inquiry responses.
|
| (4) Identification and evaluation of existing
| | technologies that could be utilized to eliminate the need for a subsequent fingerprint inquiry each time an applicant changes employment or seeks a license requiring a criminal history record inquiry.
|
| (5) Identification of any areas where State or
| | federally mandated criminal history record checks can be implemented in a more efficient and cost-effective manner.
|
| (6) Evaluation of what other states and the federal
| | government are doing to address similar concerns.
|
| (7) Identification of programs serving vulnerable
| | populations that do not currently require criminal history record information to determine whether those programs should be included in a centralized screening of criminal history record information.
|
| (8) Identification of any issues that agencies face
| | in interpreting criminal history records, such as differentiating among types of dispositions, and evaluation of how those records can be presented in a format better tailored to non-law enforcement purposes.
|
| (9) Ensuring that any centralized criminal history
| | records system discloses sealed criminal history records only to those agencies authorized to receive those records under Illinois law.
|
| (10) Evaluation of the feasibility of creating a
| | process whereby agencies provide copies of the criminal background check to applicants for the purpose of providing applicants with the opportunity to assess the accuracy of the records.
|
| (11) Evaluation of the feasibility of adopting a
| | uniform procedure for obtaining disposition information where an arrest or criminal charge is reported without subsequent disposition.
|
| (12) Preparation of a report for the General Assembly
| | proposing solutions that can be adopted to eliminate the duplication of applicant fingerprint submissions and the duplication of criminal records check response screening efforts and to minimize the costs of conducting State and FBI fingerprint-based inquiries in Illinois.
|
|
(Source: P.A. 96-632, eff. 8-24-09.)
|
(20 ILCS 2310/2310-195) (was 20 ILCS 2310/55.39)
Sec. 2310-195.
Administrative rules.
To adopt all administrative
rules that may be necessary for
the effective administration, enforcement, and regulation of all matters
for which the Department has jurisdiction or responsibility.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-200) (was 20 ILCS 2310/55.53)
Sec. 2310-200.
Programs to expand access to primary care.
(a) The Department shall establish a program to
expand access to comprehensive primary care in medically underserved
communities throughout Illinois. This program may include the provision of
financial support and technical assistance to eligible community health
centers. To be eligible for those grants, community health
centers must meet
requirements comparable to those enumerated in Sections 329 and 330 of the
federal Public Health Service Act. In establishing its program, the
Department shall avoid duplicating resources in areas already served by
community health centers.
(b) The Department may develop financing programs with the Illinois
Finance Authority to carry out the purposes of the Civil Administrative Code
of Illinois or any other Act that
the Department is responsible for administering. The Department may transfer
to the Illinois Finance Authority, into an account
outside of the
State treasury, any moneys it deems necessary
from its accounts to establish bond reserve or credit enhancement escrow
accounts, or loan or equipment leasing programs. The disposition of moneys at
the conclusion of any such financing program shall be determined by an
interagency agreement.
(Source: P.A. 93-205, eff. 1-1-04.)
|
(20 ILCS 2310/2310-205) (was 20 ILCS 2310/55.57)
Sec. 2310-205.
Community health centers.
From appropriations from the Community Health Center Care
Fund, a special fund in the State treasury which is hereby
created, the Department shall provide financial assistance (i)
to migrant health centers and community health centers established
pursuant to Sections 329 or 330 of the federal Public Health Service
Act or that meet the standards contained in either of those
Sections and (ii) for the purpose of establishing new migrant
health centers or community health centers in areas of need.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, eff.
6-28-01.)
|
(20 ILCS 2310/2310-210) (was 20 ILCS 2310/55.62a)
Sec. 2310-210. Advisory Panel on Minority Health.
(a) In this Section:
"Health profession" means any health profession regulated under the laws of
this State, including, without limitation, professions regulated under the
Illinois Athletic Trainers Practice Act, the Clinical Psychologist Licensing
Act, the Clinical Social Work and Social Work Practice Act, the Illinois Dental
Practice Act, the Dietitian Nutritionist Practice Act, the Marriage
and Family Therapy Licensing Act, the Medical Practice Act of 1987, the
Naprapathic Practice Act, the Nurse Practice Act, the
Illinois
Occupational Therapy Practice Act, the Illinois Optometric Practice Act of
1987, the Illinois
Physical Therapy Act, the Physician Assistant Practice Act of 1987, the
Podiatric Medical Practice Act of
1987, the Professional Counselor and Clinical Professional Counselor Licensing
Act, and the Illinois Speech-Language Pathology and Audiology Practice Act.
"Minority" has the same meaning as in Section 2310-215.
(b) The General Assembly finds as follows:
(1) The health status of individuals from ethnic and
| | racial minorities in this State is significantly lower than the health status of the general population of the State.
|
|
(2) Minorities suffer disproportionately high rates
| | of cancer, stroke, heart disease, diabetes, sickle-cell anemia, lupus, substance abuse, acquired immune deficiency syndrome, other diseases and disorders, unintentional injuries, and suicide.
|
|
(3) The incidence of infant mortality among
| | minorities is almost double that for the general population.
|
|
(4) Minorities suffer disproportionately from lack of
| | access to health care and poor living conditions.
|
|
(5) Minorities are under-represented in the health
| |
(6) Minority participation in the procurement
| | policies of the health care industry is lacking.
|
|
(7) Minority health professionals historically have
| | tended to practice in low-income areas and to serve minorities.
|
|
(8) National experts on minority health report that
| | access to health care among minorities can be substantially improved by increasing the number of minority health professionals.
|
|
(9) Increasing the number of minorities serving on
| | the facilities of health professional schools is an important factor in attracting minorities to pursue a career in health professions.
|
|
(10) Retaining minority health professionals
| | currently practicing in this State and those receiving training and education in this State is an important factor in maintaining and increasing the number of minority health professionals in Illinois.
|
|
(11) An Advisory Panel on Minority Health is
| | necessary to address the health issues affecting minorities in this State.
|
|
(c) The General Assembly's intent is as follows:
(1) That all Illinoisans have access to health care.
(2) That the gap between the health status of
| | minorities and other Illinoisans be closed.
|
|
(3) That the health issues that disproportionately
| | affect minorities be addressed to improve the health status of minorities.
|
|
(4) That the number of minorities in the health
| | professions be increased.
|
|
(d) The Advisory Panel on Minority Health is created. The Advisory Panel
shall consist of 25 members appointed by the Director of Public Health. The
members shall represent health professions and the General Assembly.
(e) The Advisory Panel shall assist the Department in the following manner:
(1) Examination of the following areas as they relate
| |
(A) Access to health care.
(B) Demographic factors.
(C) Environmental factors.
(D) Financing of health care.
(E) Health behavior.
(F) Health knowledge.
(G) Utilization of quality care.
(H) Minorities in health care professions.
(2) Development of monitoring, tracking, and
| | reporting mechanisms for programs and services with minority health goals and objectives.
|
|
(3) Communication with local health departments,
| | community-based organizations, voluntary health organizations, and other public and private organizations statewide, on an ongoing basis, to learn more about their services to minority communities, the health problems of minority communities, and their ideas for improving minority health.
|
|
(4) Promotion of communication among all State
| | agencies that provide services to minority populations.
|
|
(5) Building coalitions between the State and
| | leadership in minority communities.
|
|
(6) Encouragement of recruitment and retention of
| | minority health professionals.
|
|
(7) Improvement in methods for collecting and
| | reporting data on minority health.
|
|
(8) Improvement in accessibility to health and
| | medical care for minority populations in under-served rural and urban areas.
|
|
(9) Reduction of communication barriers for
| | non-English speaking residents.
|
|
(10) Coordination of the development and
| | dissemination of culturally appropriate and sensitive education material, public awareness messages, and health promotion programs for minorities.
|
|
(f) On or before January 1, 1997 the Advisory Panel shall submit an
interim report to the Governor and the General Assembly. The interim report
shall include an update on the Advisory Panel's progress in performing its
functions under this Section and shall include
recommendations, including recommendations for any necessary legislative
changes.
On or before January 1, 1998 the Advisory Panel shall submit a final report
to the Governor and the General Assembly. The final report shall include the
following:
(1) An evaluation of the health status of minorities
| |
(2) An evaluation of minority access to health care
| |
(3) Recommendations for improving the health status
| | of minorities in this State.
|
|
(4) Recommendations for increasing minority access to
| | health care in this State.
|
|
(5) Recommendations for increasing minority
| | participation in the procurement policies of the health care industry.
|
|
(6) Recommendations for increasing the number of
| | minority health professionals in this State.
|
|
(7) Recommendations that will ensure that the health
| | status of minorities in this State continues to be addressed beyond the expiration of the Advisory Panel.
|
|
(Source: P.A. 97-1141, eff. 12-28-12.)
|
(20 ILCS 2310/2310-215) (was 20 ILCS 2310/55.62)
Sec. 2310-215. Center for Minority Health Services.
(a) The Department shall establish a Center for Minority Health
Services to advise the Department on matters pertaining to the health needs
of minority populations within the State.
(b) The Center shall have the following duties:
(1) To assist in the assessment of the health needs
| | of minority populations in the State.
|
|
(2) To recommend treatment methods and programs that
| | are sensitive and relevant to the unique linguistic, cultural, and ethnic characteristics of minority populations.
|
|
(3) To provide consultation, technical assistance,
| | training programs, and reference materials to service providers, organizations, and other agencies.
|
|
(4) To promote awareness of minority health concerns,
| | and encourage, promote, and aid in the establishment of minority services.
|
|
(5) To disseminate information on available minority
| |
(6) To provide adequate and effective opportunities
| | for minority populations to express their views on Departmental policy development and program implementation.
|
|
(7) To coordinate with the Department on Aging and
| | the Department of Healthcare and Family Services to coordinate services designed to meet the needs of minority senior citizens.
|
|
(8) To promote awareness of the incidence of
| | Alzheimer's disease and related dementias among minority populations and to encourage, promote, and aid in the establishment of prevention and treatment programs and services relating to this health problem.
|
| (c) For the purpose of this Section, "minority" shall mean and include
any person or group of persons who are any of the following:
(1) American Indian or Alaska Native (a person having
| | origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).
|
| (2) Asian (a person having origins in any of the
| | original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).
|
| (3) Black or African American (a person having
| | origins in any of the black racial groups of Africa). Terms such as "Haitian" or "Negro" can be used in addition to "Black or African American".
|
| (4) Hispanic or Latino (a person of Cuban, Mexican,
| | Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).
|
| (5) Native Hawaiian or Other Pacific Islander (a
| | person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).
|
|
(Source: P.A. 97-396, eff. 1-1-12.)
|
(20 ILCS 2310/2310-216)
Sec. 2310-216. Culturally Competent Healthcare Demonstration Program.
(a) Research demonstrates that racial and ethnic minorities generally receive health care that is of a lesser quality than the majority population and have poorer health outcomes on a number of measures. The 2007 State Health Improvement Plan calls for increased cultural competence in Illinois health care settings, based on national standards that indicate cultural competence is an important aspect of the quality of health care delivered to racial, ethnic, religious, and other minorities. Based on the research and national standards, the General Assembly finds that increasing cultural competence among health care providers will improve the quality of health care delivered to minorities in Illinois.
(b) Subject to appropriation for this purpose, the Department shall establish the Culturally Competent Health Care Demonstration Program. For purposes of this Section, "culturally competent health care" means the ability of health care providers to understand and respond to the cultural and linguistic needs brought by patients to the health care encounter. The Program shall establish models that reflect best practices in culturally competent health care and that expand the delivery of culturally competent health care in Illinois.
(c) The Program shall consist of (i) demonstration grants awarded by the Department to public or private health care entities geographically distributed around the State; (ii) an ongoing collaborative learning project among the grantees; and (iii) an evaluation of the effect of the demonstration grants in improving the quality of health care for racial and ethnic minorities. The Department may contract with a vendor with experience in racial and ethnic health disparities and cultural competency to conduct the evaluation and provide support for the collaborative learning project. The vendor shall be a not-for-profit organization that represents a partnership of public, private, and voluntary health organizations that focuses on prevention, development of the public health system, and the reduction of racial and ethnic health disparities, and that engages health disparities stakeholders in its efforts.
(Source: P.A. 95-630, eff. 9-25-07; 95-876, eff. 8-21-08.)
|
(20 ILCS 2310/2310-217)
Sec. 2310-217. Center for Comprehensive Health Planning.
(a) The Center for Comprehensive Health Planning ("Center") is hereby created to promote the distribution of health care services and improve the healthcare delivery system in Illinois by establishing a statewide Comprehensive Health Plan and ensuring a predictable, transparent, and efficient Certificate of Need process under the Illinois Health Facilities Planning Act. The objectives of the Comprehensive Health Plan include: to assess existing community resources and determine health care needs; to support safety net services for uninsured and underinsured residents; to promote adequate financing for health care services; and to recognize and respond to changes in community health care needs, including public health emergencies and natural disasters. The Center shall comprehensively assess health and mental health services; assess health needs with a special focus on the identification of health disparities; identify State-level and regional needs; and make findings that identify the impact of market forces on the access to high quality services for uninsured and underinsured residents. The Center shall conduct a biennial comprehensive assessment of health resources and service needs, including, but not limited to, facilities, clinical services, and workforce; conduct needs assessments using key indicators of population health status and determinations of potential benefits that could occur with certain changes in the health care delivery system; collect and analyze relevant, objective, and accurate data, including health care utilization data; identify issues related to health care financing such as revenue streams, federal opportunities, better utilization of existing resources, development of resources, and incentives for new resource development; evaluate findings by the needs assessments; and annually report to the General Assembly and the public.
The Illinois Department of Public Health shall establish a Center for Comprehensive Health Planning to develop a long-range Comprehensive Health Plan, which Plan shall guide the development of clinical services, facilities, and workforce that meet the health and mental health care needs of this State.
(b) Center for Comprehensive Health Planning.
(1) Responsibilities and duties of the Center include:
(A) providing technical assistance to the Health
| | Facilities and Services Review Board to permit that Board to apply relevant components of the Comprehensive Health Plan in its deliberations;
|
| (B) attempting to identify unmet health needs and
| | assist in any inter-agency State planning for health resource development;
|
| (C) considering health plans and other related
| | publications that have been developed in Illinois and nationally;
|
| (D) establishing priorities and recommend methods
| | for meeting identified health service, facilities, and workforce needs. Plan recommendations shall be short-term, mid-term, and long-range;
|
| (E) conducting an analysis regarding the
| | availability of long-term care resources throughout the State, using data and plans developed under the Illinois Older Adult Services Act, to adjust existing bed need criteria and standards under the Health Facilities Planning Act for changes in utilization of institutional and non-institutional care options, with special consideration of the availability of the least-restrictive options in accordance with the needs and preferences of persons requiring long-term care; and
|
| (F) considering and recognizing health resource
| | development projects or information on methods by which a community may receive benefit, that are consistent with health resource needs identified through the comprehensive health planning process.
|
| (2) A Comprehensive Health Planner shall be appointed
| | by the Governor, with the advice and consent of the Senate, to supervise the Center and its staff for a paid 3-year term, subject to review and re-approval every 3 years. The Planner shall receive an annual salary of $120,000, or an amount set by the Compensation Review Board, whichever is greater. The Planner shall prepare a budget for review and approval by the Illinois General Assembly, which shall become part of the annual report available on the Department website.
|
| (c) Comprehensive Health Plan.
(1) The Plan shall be developed with a 5 to 10 year
| | range, and updated every 2 years, or annually, if needed.
|
| (2) Components of the Plan shall include:
(A) an inventory to map the State for growth,
| | population shifts, and utilization of available healthcare resources, using both State-level and regionally defined areas;
|
| (B) an evaluation of health service needs,
| | addressing gaps in service, over-supply, and continuity of care, including an assessment of existing safety net services;
|
| (C) an inventory of health care facility
| | infrastructure, including regulated facilities and services, and unregulated facilities and services, as determined by the Center;
|
| (D) recommendations on ensuring access to care,
| | especially for safety net services, including rural and medically underserved communities; and
|
| (E) an integration between health planning for
| | clinical services, facilities and workforce under the Illinois Health Facilities Planning Act and other health planning laws and activities of the State.
|
| (3) Components of the Plan may include
| | recommendations that will be integrated into any relevant certificate of need review criteria, standards, and procedures.
|
| (d) Within 60 days of receiving the Comprehensive Health Plan, the State Board of Health shall review and comment upon the Plan and any policy change recommendations. The first Plan shall be submitted to the State Board of Health within one year after hiring the Comprehensive Health Planner. The Plan shall be submitted to the General Assembly by the following March 1. The Center and State Board shall hold public hearings on the Plan and its updates. The Center shall permit the public to request the Plan to be updated more frequently to address emerging population and demographic trends.
(e) Current comprehensive health planning data and information about Center funding shall be available to the public on the Department website.
(f) The Department shall submit to a performance audit of the Center by the Auditor General in order to assess whether progress is being made to develop a Comprehensive Health Plan and whether resources are sufficient to meet the goals of the Center for Comprehensive Health Planning.
(Source: P.A. 96-31, eff. 6-30-09.)
|
(20 ILCS 2310/2310-220) (was 20 ILCS 2310/55.73)
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.
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 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 relating to the application for
and receipt of the grants.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-225) (was 20 ILCS 2310/55.58)
Sec. 2310-225.
Nurse incentive program for medically underserved areas.
The
Department shall undertake a study to
determine what incentives might be necessary to attract nurses to practice
in medically underserved areas of Illinois. Based on the research and
experience of other states and the private sector, a variety of incentive
programs should be examined for their feasibility and possible development
and implementation in Illinois. Based upon the results of this study, the
Department may implement a nurse incentive program, subject to available
appropriations.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-227) (was 20 ILCS 2310/55.58a)
Sec. 2310-227.
Study; nurse assistant incentive program.
The Department, in
cooperation with the Illinois Health Care Association, Life Services Network of
Illinois, the Illinois Council on Long Term Care, the County Nursing Home
Association, organized labor, the Illinois Community College Board, the
Southern Illinois University at Carbondale Department of Workforce Education,
the Illinois State Board of Education, and the Department on Aging Ombudsman
Program, shall undertake a study to determine what incentives might be
necessary to attract and retain nurse assistants to work in Illinois long-term
care facilities. Based on any available research and the experience of other
states and the private sector, a variety of incentive programs shall be
examined for their feasibility and possible development and implementation in
Illinois. Based upon the results of the study, the Department shall implement
a nurse assistant incentive program no later than January 1, 2001, subject to
available appropriations.
(Source: P.A. 91-574, eff. 8-14-99; 92-16, eff. 6-28-01.)
|
(20 ILCS 2310/2310-228)
Sec. 2310-228. Nursing workforce database.
(a) The Department shall, subject to appropriation and in consultation with the Illinois Coalition for Nursing Resources, the Illinois Nurses Association, and other nursing associations, establish and administer a nursing
workforce database. The database shall be assembled from data currently collected by State agencies or departments that may be released under the Freedom of Information Act and shall be maintained with the
assistance of the Department of Professional Regulation, the Department of
Labor, the Department of Employment Security,
and any other State agency or department with access to nursing
workforce-related information.
(b) The objective of establishing the database shall be to compile the following data related to the nursing
workforce that is currently collected by State agencies or departments that may be released under the Freedom of Information Act:
(1) Data on current and projected population
| | demographics and available health indicator data to determine how the population needs relate to the demand for nursing services.
|
| (2) Data to create a dynamic system for projecting
| | nurse workforce supply and demand.
|
| (3) Data related to the development of a nursing
| | workforce that considers the diversity, educational mix, geographic distribution, and number of nurses needed within the State.
|
| (4) Data on the current and projected numbers of
| | nurse faculty who are needed to educate the nurses who will be needed to meet the needs of the residents of the State.
|
| (5) Data on nursing education programs within the
| | State including number of nursing programs, applications, enrollments, and graduation rates.
|
| (6) Data needed to develop collaborative models
| | between nursing education and practice to identify necessary competencies, educational strategies, and models of professional practice.
|
| (7) Data on nurse practice setting, practice
| | locations, and specialties.
|
|
(c) To accomplish the objectives set forth in subsection (b),
data compiled by the Department into a database may be
used
by the Department, medical institutions and societies, health care facilities and associations of health care facilities, and nursing programs to assess current and projected nursing workforce shortfalls and
develop strategies for overcoming them. Notwithstanding any other provision of law, the Department may not disclose any data that it compiles under this Section in a manner that would allow the identification of any particular health care professional or health care facility.
(d) Nothing in this Section shall be construed as requiring any health care facility to file or submit any data, information, or reports to the Department or any State agency or department.
(e) No later than January 15, 2006, the Department shall submit a
report to the Governor and to the members of the General Assembly regarding the
development of the
database and the effectiveness of its use.
(Source: P.A. 93-795, eff. 1-1-05.)
|
(20 ILCS 2310/2310-230) (was 20 ILCS 2310/55.67)
Sec. 2310-230.
Reevaluation of health manpower shortage areas.
The Department shall reevaluate
the health manpower shortage areas after each decennial census.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-235) (was 20 ILCS 2310/55.63)
Sec. 2310-235.
Impact of trauma care closures.
The Department
shall study the impact of trauma care
closures on delivery and access to emergency health care services. The
Department shall report its findings to the General Assembly no later than June
1, 1992.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-250) (was 20 ILCS 2310/55.13)
Sec. 2310-250.
Distribution of vaccines and other medicines and products.
To
acquire and distribute free of charge for the benefit of
citizens of the State upon request by physicians licensed in Illinois to
practice medicine in all of its branches or by licensed hospitals in the
State diphtheria antitoxin, typhoid vaccine, smallpox vaccine,
poliomyelitis vaccine and other sera, vaccines, prophylactics, and drugs
that are of recognized efficiency in the diagnosis,
prevention, and
treatment of diseases; also biological products, blood plasma, penicillin,
sulfonamides, and other products and medicines that are
of
recognized
therapeutic efficiency in the use of first aid treatment in case of
accidental injury or in the prevention and treatment of diseases or
conditions harmful to health; provided that those drugs shall be
manufactured only during the period that they are not
made readily available
by private sources. These medications and biologics may be distributed
through public and private agencies or individuals and firms designated by
the Director as authorized agencies for this purpose.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-252)
Sec. 2310-252. Guidelines for needle disposal; education.
(a) The Illinois Department of Public Health, in cooperation with the Illinois Environmental Protection Agency, must create guidelines for the proper disposal of hypodermic syringes, needles, and other sharps used for self-administration purposes that are consistent with the available guidelines regarding disposal for home health care products provided by the United States Environmental Protection Agency. In establishing these guidelines, the Department shall promote flexible and convenient disposal methods appropriate to the area and level of services available to the person disposing of the hypodermic syringe, needle, or other sharps. The Department guidelines shall encourage the use of safe disposal programs that include, but are not limited to, the following:
(1) drop box or supervised collection sites;
(2) sharps mail-back programs;
(3) syringe exchange programs; and
(4) at-home needle destruction devices.
(b) The Illinois Department of Public Health must develop educational materials regarding the safe disposal of hypodermic syringes, needles, and other sharps and distribute copies of these educational materials to pharmacies and the public. The educational materials must include information regarding safer injection, HIV prevention, proper methods for the disposal of hypodermic syringes, needles, and other sharps, and contact information for obtaining treatment for drug abuse and addiction.
(Source: P.A. 94-641, eff. 8-22-05.)
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(20 ILCS 2310/2310-255) (was 20 ILCS 2310/55.75)
Sec. 2310-255.
Immunization outreach programs.
(a) The Illinois General Assembly finds and declares the following:
(1) There is a growing number of 2-year-old children
| | who have not received the necessary childhood immunizations to prevent communicable diseases.
|
|
(2) The reasons these children do not receive
| | immunizations are many and varied. These reasons include, but are not limited to, the following:
|
|
(A) Their parents live in poverty and do not have
| | access to insurance coverage for health care and immunizations.
|
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(B) Their parents come from non-English speaking
| | cultures where the importance of early childhood immunizations has not been emphasized.
|
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(C) Their parents do not receive adequate
| | referral to immunization programs or do not have access to public immunization programs through other public assistance services.
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(3) The percentage of fully immunized
| | African-American and Hispanic 2-year-old children is significantly less than that for Whites.
|
|
(4) The ages of concern that remain are infancy and
| | preschool, especially for those children at high risk because of a medical condition or because of social and environmental factors.
|
|
(5) Ensuring protective levels of immunization
| | against communicable disease for these children is the most historically proven cost-effective preventive measure available to public health agencies.
|
|
(6) It is the intent of the General Assembly to
| | establish an immunization outreach program to respond to this problem.
|
|
(b) The Department, in cooperation with county,
multiple
county, and municipal health departments, may establish permanent,
temporary,
or
mobile sites for immunizing children or referring parents to other programs
that provide immunizations and comprehensive health services. These sites may
include, but are not limited to, the following:
(1) Public places where parents of children at high
| | risk of remaining unimmunized reside, shop, worship, or recreate.
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(2) School grounds, either during regular hours,
| | evening hours, or on weekends.
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(3) Places on or adjacent to sites of public or
| | community-based agencies or programs that either provide or refer persons to public assistance programs or services.
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(c) Outreach programs shall, to the extent feasible, include referral
components intended to link immunized children with available public or private
primary care providers to increase access to continuing pediatric
care including subsequent immunization services.
(d) The population to be targeted by the programs shall
include children who
do not receive immunizations through private third-party sources or other
public sources with priority given to infants and children from birth up to age
3. Outreach programs shall provide information to the families of children
being immunized about possible reactions to the vaccine and about follow-up
referral sources.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-256)
Sec. 2310-256.
Public information campaign;
statewide
response plans.
The Department shall, whenever the State is required by the federal
government to
implement a statewide response plan to a national public health threat, conduct
an
information campaign for
the general public and for medical professionals concerning the need for public
participation in
the plan, the risks involved in inoculation or treatment, any advisories
concerning the need for
medical consultation before receiving inoculation or treatment, and the rights
and responsibilities
of the general public, medical professionals, and first responders regarding
the provision and
receipt of inoculation and treatment under the response plan.
(Source: P.A. 93-161, eff. 7-10-03.)
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(20 ILCS 2310/2310-260)
Sec. 2310-260.
Payments for post transplant maintenance
and retention.
(a) The Department shall establish and administer a
program to pay recipients for drugs and other costs
prescribed exclusively for post transplant maintenance and
retention when those costs are not otherwise reimbursed.
The Department shall establish eligibility standards and an
application process by rule. Notwithstanding any other
provision of this Code to the contrary, the Department may,
by rule, require participants to pay a co-payment for the
drugs covered under this program.
(b) Participation in the program shall be limited to
persons whose household income is not greater than 400% of
the federal poverty level as established by the federal
Office of Management and Budget.
The program shall be available only to eligible Illinois
residents who have resided in Illinois for at least 12
months; however, a person shall not be excluded because
that person received the transplant outside of the State of
Illinois.
(c) The Department shall pay a maximum amount per
transplant recipient based on the following:
(1) Available moneys in the Post Transplant
| | Maintenance and Retention Fund.
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(2) Covered immunosuppressive drugs.
(3) The terms of any contract between the Department
| |
The reimbursement rates shall be the same as the
Medicaid reimbursement rate for the drug, minus any co-payment and other
medical services.
(d) Payment shall be made under the program to or on
behalf of a program-eligible recipient only for costs not
reimbursed or eligible for reimbursement by any other third
party or governmental entity, including, without
limitation, private or group insurance, Medicaid, Medicare,
and the Veterans Administration. The Director may, however,
waive this requirement in individually considered cases if
the Director determines that its enforcement will deny
services to a class of post transplant patients because of
conflicting State or federal laws or regulations.
(e) The Director may restrict or categorize
reimbursements to meet budgetary limitations.
(f) The Director shall maintain an immunosuppressive
drug formulary that shall include all drugs eligible for
reimbursement by the program. The Director shall establish
an internal review procedure for updating the formulary;
the procedure shall allow the addition and deletion of
allowable drugs to the formulary. The internal review
procedure shall take place at least quarterly during a
fiscal year.
(g) Payments made under the program established under
this Section shall be made, subject to appropriations, from
the Post Transplant Maintenance and Retention Fund, a
special fund that is hereby created in the State
Treasury. The following shall be deposited into the Fund:
(i) amounts appropriated to the Department for that
purpose, and
(ii) gifts, grants, and donations for that
purpose from public and private sources.
Interest accruing
on moneys in the Fund shall remain in the Fund. Moneys in
the Fund may be used only by the Department to make
payments for post transplant maintenance and retention
under the program established under this Section.
(h) Moneys remaining in the Post Transplant Maintenance
and Retention Fund at the end of the fiscal year may be
used in the following fiscal year.
(Source: P.A. 91-873, eff. 7-1-00.)
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(20 ILCS 2310/2310-275) (was 20 ILCS 2310/55.61)
Sec. 2310-275.
(Repealed).
(Source: P.A. 92-84, eff. 7-1-02. Repealed internally, eff. 7-1-02.)
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(20 ILCS 2310/2310-280)
Sec. 2310-280. Clinical trials information. The Director of Public Health shall make available on the Department's website information directing citizens to publicly available information on ongoing clinical trials, and the results of completed clinical studies, including those sponsored by the National Institutes of Health, those sponsored by academic researchers, and those sponsored by the private sector.
(Source: P.A. 94-545, eff. 1-1-06.)
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(20 ILCS 2310/2310-300) (was 20 ILCS 2310/55.78)
Sec. 2310-300.
(Repealed).
(Source: P.A. 91-239, eff. 1-1-00. Repealed by P.A. 91-798, eff. 7-9-00.)
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(20 ILCS 2310/2310-305) (was 20 ILCS 2310/55.64)
Sec. 2310-305.
Public information campaign; brochure; shaken
infant syndrome.
(a) The Department may conduct an information
campaign for the general public concerning the dangers of shaking infants
and young children. The information shall inform the public about the
risks of shaking children and ways to reduce the causes of shaking children.
(b) The Department may prepare a brochure describing the dangers of
shaking infants and young children. The description shall include
information on the effects of shaking children, appropriate ways to manage
the causes for shaking children, and discussion on how to reduce the risk
of shaking. The brochure shall be distributed free of charge to the
parents or guardians of each newborn upon discharge of the infant from a
hospital or other health facility.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-306)
Sec. 2310-306. Telemedicine brochure. The Department of Public Health, subject to appropriation, shall develop, publish, and disseminate a brochure to educate the general public on the use and availability in Illinois of telemedicine and the advantages of telemedicine in providing access to medical care in rural areas and in medically underserved areas.
(Source: P.A. 96-384, eff. 1-1-10.)
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(20 ILCS 2310/2310-310) (was 20 ILCS 2310/55.79)
Sec. 2310-310.
Spousal abuse study.
The Department shall
conduct a study of spousal abuse. The study shall include, but not be limited
to, identification of causes of spousal abuse and identification of specific
age groups affected by spousal abuse. On or before January 1, 1996, the
Department shall report its findings to the Governor and the General Assembly,
together with its specific recommendations for preventing spousal abuse and for
a program to be administered by the Department to assist victims of spousal
abuse.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-312)
Sec. 2310-312. Multidrug-Resistant Organisms. The Department shall perform the following functions in relation to the prevention and control of Multidrug-Resistant Organisms (MDROs), including methicillin-resistant Staphylococcus aureus (MRSA), vancomycin-resistant (VRE) and certain gram-negative bacilli (GNB), as these terms are referenced by the United States Centers for Disease Control and Prevention:
(1) Except with regard to hospitals, for which
| | administrative rules shall be adopted in accordance with Section 6.23 of the Hospital Licensing Act and Section 7 of the University of Illinois Hospital Act, the Department shall adopt administrative rules for health care facilities subject to licensure, certification, registration, or other regulation by the Department that may require one or more types of those facilities to (i) perform an annual infection control risk assessment, (ii) develop infection control policies for MDROs that are based on this assessment and incorporate, as appropriate, updated recommendations of the U.S. Centers for Disease Control and Prevention for the prevention and control of MDROs, and (iii) enforce hand hygiene requirements.
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| (2) The Department shall:
(A) publicize guidelines for reducing the
| | incidence of MDROs to health care providers, health care facilities, public health departments, prisons, jails, and the general public; and
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| (B) provide periodic reports and updates to
| | public officials, health professionals, and the general public statewide regarding new developments or procedures concerning prevention and management of infections due to MDROs.
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| (3) The Department shall publish a yearly report
| | regarding MRSA and Clostridium difficile infections based on the Centers for Disease Control and Prevention's National Healthcare Safety Network surveillance system or its successor. The Department is authorized to require hospitals, based on guidelines developed by the National Center for Health Statistics, after October 1, 2007, to submit data to the Department that is coded as "present on admission" and "occurred during the stay".
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| (4) Reporting to the Department under the Hospital
| | Report Card Act shall include organisms, including but not limited to MRSA, that are responsible for central venous catheter-associated bloodstream infections and ventilator-associated pneumonia in designated hospital units.
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| (5) The Department shall implement surveillance for
| | designated cases of community associated MRSA infections for a period of at least 3 years, beginning on or before January 1, 2008.
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(Source: P.A. 97-49, eff. 1-1-12.)
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(20 ILCS 2310/2310-315) (was 20 ILCS 2310/55.41)
Sec. 2310-315. Prevention and treatment of AIDS. To perform the
following in relation to the prevention and
treatment of acquired immunodeficiency syndrome (AIDS):
(1) Establish a State AIDS Control Unit within the Department as
a
separate administrative subdivision, to coordinate all State
programs and services relating to the prevention, treatment, and
amelioration of AIDS.
(2) Conduct a public information campaign for physicians,
hospitals, health facilities, public health departments, law enforcement
personnel, public employees, laboratories, and the general public on
acquired immunodeficiency syndrome (AIDS) and promote necessary measures
to reduce the incidence of AIDS and the mortality from AIDS. This program
shall include, but not be limited to, the establishment of a statewide
hotline and a State AIDS information clearinghouse that will provide
periodic reports and releases to public officials, health professionals,
community service organizations, and the general public regarding new
developments or procedures concerning prevention and treatment of AIDS.
(3) (Blank).
(4) Establish alternative blood test services that are not
operated by a blood bank, plasma center or hospital. The
Department shall prescribe by rule minimum criteria, standards and
procedures for the establishment and operation of such services, which shall
include, but not be limited to requirements for the provision of
information, counseling and referral services that ensure appropriate
counseling and referral for persons whose blood is tested and shows evidence of
exposure to the human immunodeficiency virus (HIV) or other
identified causative agent of acquired immunodeficiency syndrome (AIDS).
(5) Establish regional and community service networks of public
and
private service providers or health care professionals who may be involved
in AIDS research, prevention and treatment.
(6) Provide grants to individuals, organizations or facilities
to support
the following:
(A) Information, referral, and treatment
services.
(B) Interdisciplinary workshops for professionals
| | involved in research and treatment.
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(C) Establishment and operation of a statewide
| |
(D) Establishment and operation of alternative
| |
(E) Research into detection, prevention, and
| |
(F) Supplementation of other public and private
| |
(G) Implementation by long-term care facilities of
| | Department standards and procedures for the care and treatment of persons with AIDS and the development of adequate numbers and types of placements for those persons.
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(7) (Blank).
(8) Accept any gift, donation, bequest, or grant of funds
from private or
public agencies, including federal funds that may be provided for AIDS control
efforts.
(9) Develop and implement, in consultation with the Long-Term
Care
Facility Advisory Board, standards and procedures for long-term care
facilities that provide care and treatment of persons with AIDS, including
appropriate infection control procedures. The Department shall work
cooperatively with organizations representing those facilities to
develop
adequate numbers and types of placements for persons with AIDS and shall
advise those facilities on proper implementation of its standards
and procedures.
(10) The Department shall create and administer a training
program
for State employees who have a need for understanding matters relating to
AIDS in order to deal with or advise the public. The training
shall
include information on the cause and effects of AIDS, the means of
detecting it and preventing its transmission, the availability of related
counseling and referral, and other matters that may be
appropriate.
The training may also be made available to employees of local
governments,
public service agencies, and private agencies that contract
with the State;
in those cases the Department may charge a reasonable fee to
recover the
cost of the training.
(11) Approve tests or testing procedures used in determining
exposure to HIV or any other identified causative agent of AIDS.
(12) Provide prescription drug benefits counseling for persons with HIV or AIDS.
(13) Continue to administer the AIDS Drug Assistance Program that provides drugs to prolong the lives of low income Persons with Acquired Immunodeficiency Syndrome (AIDS) or Human Immunodeficiency Virus (HIV) infection who are not eligible under Article V of the Illinois Public Aid Code for Medical Assistance, as provided under Title 77, Chapter 1, Subchapter (k), Part 692, Section 692.10 of the Illinois Administrative Code, effective August 1, 2000, except that the financial qualification for that program shall be that the anticipated gross monthly income shall be at or below 500% of the most recent Federal Poverty Guidelines published annually by the United States Department of Health and Human Services for the size of the household. Notwithstanding the preceding sentence, the Department of Public Health may determine the income eligibility standard for the AIDS Drug Assistance Program each year and may set the standard at more than 500% of the Federal Poverty Guidelines for the size of the household, provided that moneys appropriated to the Department for the program are sufficient to cover the increased cost of implementing the higher income eligibility standard. Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. If the Department reduces the financial qualification for new applicants while allowing currently enrolled individuals to remain on the program, the Department shall maintain a waiting list of applicants who would otherwise be eligible except that they do not meet the financial qualifications. Upon determination that program finances are adequate, the Department shall permit qualified individuals who are on the waiting list to enroll in the program.
(14) In order to implement the provisions of Public Act 95-7, the Department must expand HIV testing in health care settings where undiagnosed individuals are likely to be identified. The Department must purchase rapid HIV kits and make grants for technical assistance, staff to conduct HIV testing and counseling, and related purposes. The Department must make grants to (i) facilities serving patients that are uninsured at high rates, (ii) facilities located in areas with a high prevalence of HIV or AIDS, (iii) facilities that have a high likelihood of identifying individuals who are undiagnosed with HIV or AIDS, or (iv) any combination of items (i), (ii), and (iii).
(Source: P.A. 97-74, eff. 6-30-11.)
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(20 ILCS 2310/2310-320) (was 20 ILCS 2310/55.56)
Sec. 2310-320.
AIDS awareness programs and materials.
(a) The Department shall
include within its AIDS awareness programs and materials, information
directed toward Hispanics, African Americans, and other population groups
in
Illinois that are considered high risk populations for AIDS and
AIDS-related complex. The information shall inform high risk
groups about
the transmission of the AIDS virus, the prevention of infection, the
treatment available for the disease, and how treatment may be obtained.
(b) The Department shall include in its AIDS campaign
material information directed toward African-Americans and Hispanics. This
information shall include educational videos, in English and in Spanish,
directed toward teenagers who are members of high risk population groups.
The Department shall seek the advice and assistance of community-based
organizations representing these populations with respect to the most
effective methods to educate persons within these populations about AIDS.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-321)
Sec. 2310-321. Information for persons committed to the Department of Corrections and persons confined in a county jail. On the Department's official Web site, the Department shall provide Web-friendly and printer-friendly versions of educational materials targeted to persons presently or previously committed to the Department of Corrections or confined in a county jail, as well as family members and friends of such persons. The information shall include information concerning testing, counseling, and case management, including referrals and support services, in connection with human immunodeficiency virus (HIV) or any other
identified causative agent of acquired immunodeficiency syndrome (AIDS). Implementation of this Section is subject to appropriation.
(Source: P.A. 94-629, eff. 1-1-06.)
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(20 ILCS 2310/2310-322) (was 20 ILCS 2310/55.56a)
Sec. 2310-322.
AIDS awareness; senior citizens.
The
Department must include within its public health promotion programs and
materials information targeted to persons 50 years of age and more concerning
the dangers of HIV and AIDS and sexually transmitted diseases.
(Source: P.A. 91-106, eff. 1-1-00; 92-16, eff. 6-28-01.)
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(20 ILCS 2310/2310-323)
Sec. 2310-323. Advisory Council on Youth HIV/AIDS Prevention Messages.
(a) Subject to appropriation, there is created the Advisory Council on Youth HIV/AIDS Prevention Messages to advise the Department on effective prevention messages designed to educate and deter youth from engaging in risky behaviors that could result in the transmission of HIV/AIDS.
(b) The Advisory Council shall consist of all of the following members:
(1) One member of the Senate appointed by the
| | President of the Senate and one member of the Senate appointed by the Minority Leader of the Senate.
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| (2) One member of the House of Representatives
| | appointed by the Speaker of the House of Representatives and one member of the House of Representatives appointed by the Minority Leader of the House of Representatives.
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| (3) Five members appointed by the Governor as
| | (A) One representative of a social service agency
| | that provides services to youth and families infected or impacted by HIV/AIDS.
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| (B) One person from academia with a background or
| | expertise in HIV/AIDS prevention messages.
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| (C) One representative of the Department of Human
| | (D) One person with a background in public health.
(E) One youth member 18 years old or older and
| | (4) The public information officer of the Department
| | of Public Health, who shall be a non-voting member of the Advisory Council.
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| Each voting member shall serve for a term of 3 years and until his or her successor is appointed and has qualified. Vacancies shall be filled in the same manner as original appointments.
(c) The Advisory Council shall meet to organize and select a chairperson upon appointment of a majority of the members. The chairperson shall be elected by a majority vote of the members appointed to the Advisory Council. The Advisory Council shall meet at least 4 times a year at the call of the chairperson. Members of the Advisory Council shall serve without compensation, but may be reimbursed for reasonable expenses incurred as a result of their duties as members of the Advisory Council from funds appropriated by the General Assembly for that purpose.
(d) The Advisory Council shall submit an annual report to the Department on or before July 1, 2010 and on or before July 1 of each year thereafter with recommendations for effective prevention messages aimed at youth, including recommendations regarding the use of technology to deliver such messages.
(Source: P.A. 96-700, eff. 8-25-09.)
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(20 ILCS 2310/2310-325) (was 20 ILCS 2310/55.45)
Sec. 2310-325.
Donors of semen for artificial insemination; AIDS test;
penalty.
(a) The Department shall by rule require that all donors
of semen for purposes of artificial insemination be tested for
evidence of exposure to human immunodeficiency virus (HIV)
or any other identified causative agent of acquired immunodeficiency
syndrome (AIDS) prior to the semen being made available for that
use.
(b) In performing the technique of human artificial insemination in this
State, no person shall intentionally, knowingly, recklessly, or negligently
use the semen of a donor who has not been tested in accordance with subsection
(a), or the semen of a donor who has tested positive for exposure to
HIV or any other identified causative agent of AIDS. Violation of
this subsection (b) shall be a Class A misdemeanor.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-330) (was 20 ILCS 2310/55.46)
Sec. 2310-330. Sperm and tissue bank registry; AIDS test for donors;
penalties.
(a) The Department shall establish a registry of all sperm
banks and tissue banks operating in this State. All sperm banks and tissue
banks operating in this State
shall register with the Department by May 1 of each year. Any person,
hospital, clinic, corporation, partnership, or other legal entity that
operates a sperm bank or tissue bank in this State and fails to register with
the
Department pursuant to this Section commits a business offense and shall be
subject to a fine of $5000.
(b) All donors
of semen for purposes of artificial insemination, or donors of corneas,
bones, organs, or other human tissue for the purpose of injecting,
transfusing, or transplanting any of them in the human body, shall be
tested for
evidence of exposure to human immunodeficiency virus (HIV)
and any other identified causative agent of acquired immunodeficiency
syndrome (AIDS) at the time of or after the donation but prior to the
semen, corneas, bones, organs, or other human tissue being made available for
that use.
However, when in the opinion of the attending physician the life of a
recipient of a bone, organ, or other human tissue donation would be
jeopardized by delays caused by testing for evidence of exposure to HIV and
any other causative agent of AIDS, testing shall not be required.
(c) Except as otherwise provided in subsection (c-5), no person may
intentionally, knowingly, recklessly, or negligently
use the semen, corneas, bones, organs, or
other human tissue of a donor unless the requirements of subsection (b)
have been met. Except as otherwise provided in subsection (c-5), no person
may intentionally, knowingly, recklessly, or
negligently use the semen, corneas, bones, organs, or other human tissue of a
donor who
has tested positive for exposure to
HIV or any other identified causative agent of AIDS. Violation of
this subsection (c) shall be a Class 4 felony.
(c-5) It is not a violation of this Section for a person to perform a solid
organ transplant
of an organ from an HIV infected donor to a person who has tested positive for
exposure
to HIV or any other identified causative agent of AIDS and who is in immediate
threat of
death unless the transplant is performed. A tissue bank that provides an organ
from an
HIV infected donor under this subsection (c-5) may not be criminally or civilly
liable for
the furnishing of that organ under this subsection (c-5).
(d) For the purposes of this Section:
"Human tissue" shall not be
construed to mean organs or whole blood or its component parts.
"Tissue bank" has the same meaning as set forth in the Illinois Anatomical Gift Act.
"Solid organ transplant" means the surgical transplantation of internal
organs including, but not limited to, the liver, kidney, pancreas, lungs, or
heart.
"Solid
organ transplant" does not mean a bone marrow based transplant or a blood
transfusion.
"HIV infected donor" means a deceased donor who was infected with HIV or a living donor known to be infected with HIV and who is willing to donate a part or all of one or more of his or her organs. A determination of the donor's HIV infection is made by the donor's medical history or by specific tests that document HIV infection, such as HIV RNA or DNA, or by antibodies to HIV.
(Source: P.A. 95-331, eff. 8-21-07.)
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(20 ILCS 2310/2310-335) (was 20 ILCS 2310/55.43)
Sec. 2310-335.
Alzheimer's disease; exchange of information; autopsies.
(a) The Department shall establish
policies, procedures, standards, and criteria for the collection,
maintenance, and exchange of confidential personal and medical information
necessary for the identification and evaluation of victims of Alzheimer's
disease and related disorders and for the conduct of consultation,
referral,
and treatment through personal physicians, primary Alzheimer's centers, and
regional Alzheimer's assistance centers provided for in the Alzheimer's
Disease Assistance Act. These
requirements shall include procedures for obtaining the necessary consent
of a patient or guardian to the disclosure and exchange of that information
among providers of services within an Alzheimer's disease
assistance
network and for the maintenance of the information in a
centralized medical
information system administered by a regional Alzheimer's center. Nothing
in this Section requires disclosure or exchange of information pertaining
to confidential communications between patients and therapists or
disclosure or exchange of information contained within a therapist's personal
notes.
(b) Any person identified as a victim of Alzheimer's disease or a
related disorder under the Alzheimer's Disease Assistance Act shall be provided information regarding the
critical role that autopsies play in the diagnosis and in the conduct of
research into the cause and
cure of Alzheimer's disease and related disorders. The person, or
the spouse or guardian of the person, shall be encouraged to
consent to
an autopsy upon the person's death.
The Department shall provide information to medical
examiners and coroners in this State regarding the importance of autopsies
in the diagnosis and in the conduct of research into the causes and cure of
Alzheimer's disease and related disorders. The Department shall also
arrange for education and training programs that will enable medical
examiners and coroners to conduct autopsies necessary for a proper
diagnosis of Alzheimer's disease or related disorders as the cause or a
contributing factor to a death.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-337) (was 20 ILCS 2310/55.95)
Sec. 2310-337.
Asthma information.
(a) The Department of Public Health, in conjunction with representatives
of State and community based agencies involved with asthma, shall develop
and implement an asthma information program targeted at population groups in
Illinois with high risk of suffering from asthma, including but not limited
to the following:
(1) African Americans.
(2) Hispanics.
(3) The elderly.
(4) Children.
(5) Those exposed to environmental factors associated
| | with high risk of asthma.
|
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(6) Those with a family history of asthma.
(7) Those with allergies.
(b) The Department's asthma information program shall include but need not
be limited to information about:
(1) The causes and prevention of asthma.
(2) The types of treatment for asthma.
(3) The availability of treatment for asthma.
(4) Possible funding sources for treatment of asthma.
(c) The Department shall report to the General Assembly by January 1, 2000
upon its development and implementation of the asthma information program.
(Source: P.A. 91-515, eff. 8-13-99; 92-16, eff. 6-28-01.)
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(20 ILCS 2310/2310-338)
Sec. 2310-338. Asthma prevention and control program.
(a) Subject to appropriations for this purpose, the Department shall establish an asthma prevention and control program to provide leadership in Illinois for and coordination of asthma prevention and intervention activities. The program may include, but need not be limited to, the following features:
(1) Monitoring of asthma prevalence in the State.
(2) Education and training of health care
| | professionals concerning the current methods of diagnosing and treating asthma.
|
| (3) Patient and family education concerning the
| | (4) Dissemination of information on programs shown to
| | reduce hospitalization, emergency room visits, and absenteeism due to asthma.
|
| (5) Consultation with and support of community-based
| | asthma prevention and control programs.
|
| (6) Monitoring of environmental hazards or exposures,
| | or both, that may increase the incidence of asthma.
|
| (b) In implementing the program established under subsection (a), the Department shall consult with the Department of Healthcare and Family Services and the State Board of Education. In addition, the Department shall seek advice from other organizations and public and private entities concerned about the prevention and treatment of asthma.
(c) The Department may accept federal funding and grants, and may contract for work with outside vendors or individuals, for the purpose of implementing the program established under subsection (a).
(Source: P.A. 95-331, eff. 8-21-07.)
|
(20 ILCS 2310/2310-339)
Sec. 2310-339. Chronic Kidney Disease Program.
(a) The Department, subject to appropriation or other available funding, shall establish a Chronic Kidney Disease Awareness, Testing, Diagnosis and Treatment Program. The program may include, but is not limited to:
(1) Dissemination of information regarding the
| | incidence of chronic kidney disease, the risk factors associated with chronic kidney disease, and the benefits of early testing, diagnosis and treatment of chronic kidney disease.
|
| (2) Promotion information and counseling about
| | (3) Establishment and promotion of referral services
| | (4) Development and dissemination, through print and
| | broadcast media, of public service announcements that publicize the importance of awareness, testing, diagnosis and treatment of chronic kidney disease.
|
| (b) Any entity funded by the Program shall coordinate with other local providers of chronic kidney disease testing, diagnostic, follow-up, education, and advocacy services to avoid duplication of effort. Any entity funded by the Program shall comply with any applicable State and federal standards regarding chronic kidney disease testing.
(c) Administrative costs of the Department shall not exceed 10% of the funds allocated to the Program. Indirect costs of the entities funded by this Program shall not exceed 12%. The Department shall define "indirect costs" in accordance with applicable State and federal law.
(d) Any entity funded by the Program shall collect data and maintain records that are determined by the Department to be necessary to facilitate the Department's ability to monitor and evaluate the effectiveness of the entities and the Program. Commencing with the Program's second year of operation, the Department shall submit an annual report to the General Assembly and the Governor. The report shall describe the activities and effectiveness of the Program and shall include, but is not limited to, the following types of information regarding those persons served by the Program: (i) the number, (ii) the ethnic, geographic, and age breakdown, (iii) the stages of progression, and (iv) the diagnostic and treatment status.
(e) The Department or any entity funded by the Program shall collect personal and medical information necessary to administer the Program from any individual applying for services under the Program. The information shall be confidential and shall not be disclosed other than for purposes directly connected with the administration of the Program or as otherwise provided by law or pursuant to prior written consent of the subject of the information.
(f) The Department or any entity funded by the Program may disclose the confidential information to medical personnel and fiscal intermediaries of the State to the extent necessary to administer the Program, and to other State public health agencies or medical researchers if the confidential information is necessary to carry out the duties of those agencies or researchers in the investigation, control, or surveillance of chronic kidney disease.
(g) The Department shall adopt rules to implement the Program in accordance with the Illinois Administrative Procedure Act.
(Source: P.A. 94-81, eff. 1-1-06.)
|
(20 ILCS 2310/2310-340) (was 20 ILCS 2310/55.68)
Sec. 2310-340.
Bone marrow donor education.
From funds made available by the General Assembly for the purpose of bone
marrow donor education, the Director shall:
(1) Educate residents of the State about (i) the need
| | for bone marrow donors; (ii) the procedures required to become registered as a potential bone marrow donor, including the procedures for determining the person's tissue type; and (iii) the medical procedures a donor must undergo to donate bone marrow and the attendant risks of the procedure.
|
|
(2) Make special efforts to educate and recruit
| | minority populations to volunteer as potential bone marrow donors. Means of communication may include use of press, radio, and television and placement of educational materials in appropriate health care facilities, blood banks, and State and local agencies.
|
|
(3) Conduct a bone marrow donor drive to encourage
| | State employees to volunteer to be potential bone marrow donors. The drive shall include educational materials and presentations that explain the need for bone marrow donors and the procedures for becoming registered as a potential bone marrow donor. The Director of Central Management Services shall provide assistance as needed to organize and conduct the drive.
|
|
(4) In conjunction with the Secretary of State, make
| | educational materials available at all places where driver's licenses are issued or renewed.
|
|
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-342)
Sec. 2310-342. Umbilical cord blood donations.
(a) Subject to appropriations for that purpose, the Department of Public Health shall, by January 1, 2008, prepare and distribute to health and maternal care providers written publications containing standardized, objective information about umbilical cord blood banking that is sufficient to allow a pregnant woman to make an informed decision about whether to participate in a public or private umbilical cord blood banking program, including the following information:
(1) An explanation of the difference between public
| | and private umbilical cord blood banking.
|
| (2) The options available to a mother, after the
| | delivery of her newborn, relating to stem cells contained in the umbilical cord blood, including:
|
| (A) donating to a public bank;
(B) storing in a family umbilical cord blood bank
| | for use by immediate and extended family members;
|
| (C) storing, for family use, through a family or
| | sibling donor banking program that provides free collection, processing, and storage when there is a medical need; and
|
| (D) discarding the umbilical cord blood.
(3) The medical processes involved in the collection
| | (4) The medical risks to a mother and her newborn
| | child of umbilical cord blood collection.
|
| (5) The current and potential future medical uses and
| | benefits of umbilical cord blood collection to a mother, her newborn child, and her biological family.
|
| (6) The current and potential future medical uses and
| | benefits of umbilical cord blood collection to persons who are not biologically related to a mother or her newborn child.
|
| (7) Medical or family history criteria that can
| | impact a family's consideration of umbilical cord blood banking.
|
| (8) Costs associated with public and private
| | umbilical cord blood banking, including the family banking and sibling donor programs when there is a medical need.
|
| (9) Options for ownership and future use of the
| | (10) The availability in Illinois of umbilical cord
| | (b) The Department shall encourage health and maternal care providers providing healthcare services to a pregnant woman, when those healthcare services are directly related to her pregnancy, to provide the pregnant woman with the publication described under subsection (a) of this Section before her third trimester.
(c) In developing the publications required under subsection (a), the Department of Public Health shall consult with an organization of physicians licensed to practice medicine in all its branches and consumer groups. The Department shall update the publications every 2 years.
(Source: P.A. 94-832, eff. 6-5-06; 95-73, eff. 8-13-07.)
|
(20 ILCS 2310/2310-345) (was 20 ILCS 2310/55.49)
Sec. 2310-345. Breast cancer; written summary regarding early detection and
treatment.
(a) From funds made available for this purpose, the
Department shall publish, in layman's language, a
standardized written summary outlining methods for the early detection and
diagnosis of breast cancer. The summary shall include recommended
guidelines for screening and detection of breast cancer through the use of
techniques that shall include but not be limited to self-examination, clinical breast exams, and
diagnostic radiology.
(b) The summary shall also suggest that women seek mammography
services from facilities that
are certified to perform mammography as required by the
federal Mammography Quality Standards Act of 1992.
(c) The summary shall also include the medically viable
alternative
methods for the treatment of breast cancer, including, but not limited to,
hormonal, radiological, chemotherapeutic, or surgical treatments or
combinations thereof. The summary shall contain information on breast
reconstructive surgery, including, but not limited to, the use of breast
implants and their side effects.
The summary shall inform the
patient of the advantages, disadvantages, risks, and dangers of the various
procedures.
The summary shall include (i) a statement that mammography is the most
accurate method for making an early detection of breast cancer, however, no
diagnostic tool is 100% effective, (ii) the benefits of clinical breast exams, and (iii) instructions for
performing breast self-examination and a statement that
it is
important to perform a breast self-examination monthly.
(c-5) The summary shall specifically address the benefits
of early detection and review the clinical standard recommendations by the Centers for Disease Control and Prevention and the American Cancer Society for mammography, clinical breast exams, and breast self-exams.
(c-10) The summary shall also inform individuals that public and private insurance providers shall pay for clinical breast exams as part of an exam, as indicated by guidelines of practice.
(c-15) The summary shall also inform individuals, in layman's terms, of the meaning and consequences of "dense breast tissue" under the guidelines of the Breast Imaging Reporting and Data System of the American College of Radiology and potential recommended follow-up tests or studies.
(d) In developing the summary, the Department shall consult with the
Advisory Board of Cancer Control, the Illinois State Medical Society and
consumer groups. The summary shall be updated by the Department every 2 years.
(e) The summaries shall additionally be translated into Spanish, and
the Department shall conduct a public information campaign to distribute
the summaries to the Hispanic women of this State in order to inform them
of the importance of early detection and mammograms.
(f) The Department shall distribute the summary to hospitals, public
health centers, and physicians who are likely to perform or order
diagnostic
tests for breast disease or treat breast cancer by surgical or other
medical methods. Those hospitals, public health centers, and physicians
shall make the summaries available to the public. The Department shall
also distribute the summaries to any person, organization, or other
interested parties upon request. The summaries may be duplicated by any
person, provided the copies are identical to the current summary
prepared
by the Department.
(g) The summary shall display, on the inside of its cover, printed in
capital letters, in bold face type, the following paragraph:
"The information contained in this brochure regarding recommendations for
early detection and diagnosis of breast disease and alternative breast
disease treatments is only for the purpose of assisting you, the patient,
in understanding the medical information and advice offered by your
physician. This brochure cannot serve as a substitute for the sound
professional advice of your physician. The availability of this brochure
or the information contained within is not intended to alter, in any way,
the existing physician-patient relationship, nor the existing professional
obligations of your physician in the delivery of medical services to you,
the patient."
(h) The summary shall be updated when necessary.
(Source: P.A. 98-502, eff. 1-1-14; 98-886, eff. 1-1-15 .)
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(20 ILCS 2310/2310-347)
Sec. 2310-347. The Carolyn Adams Ticket For The Cure Board.
(a) The Carolyn Adams Ticket For The Cure Board is created as an advisory board within the Department. Until 30 days after the effective date of this amendatory Act of the 97th General Assembly, the Board may consist of 10 members as follows: 2 members appointed by the President of the Senate; 2 members appointed by the Minority Leader of the Senate; 2 members appointed by the Speaker of the House of Representatives; 2 members appointed by the Minority Leader of the House of Representatives; and 2 members appointed by the Governor with the advice and consent of the Senate, one of whom shall be designated as chair of the Board at the time of appointment.
(a-5) Notwithstanding any provision of this Article to the contrary, the term of office of each current Board member ends 30 days after the effective date of this amendatory Act of the 97th General Assembly or when his or her successor is appointed and qualified, whichever occurs sooner. No later than 30 days after the effective date of this amendatory Act of the 97th General Assembly, the Board shall consist of 10 newly appointed members. Four of the Board members shall be members of the General Assembly and appointed as follows: one member appointed by the President of the Senate; one member appointed by the Minority Leader of the Senate; one member appointed by the Speaker of the House of Representatives; and one member appointed by the Minority Leader of the House of Representatives.
Six of the Board members shall be appointed by the Director of the Department of Public Health, who shall designate one of these appointed members as chair of the Board at the time of his or her appointment. These 6 members appointed by the Director shall reflect the population with regard to ethnic, racial, and geographical composition and shall include the following individuals: one breast cancer survivor; one physician specializing in breast cancer or related medical issues; one breast cancer researcher; one representative from a breast cancer organization; one individual who operates a patient navigation program at a major hospital or health system; and one breast cancer professional that may include, but not be limited to, a genetics counselor, a social worker, a detain, an occupational therapist, or a nurse.
A Board member whose term has expired may continue to serve until a successor is appointed. A Board member who is not a member of the General Assembly may serve 2 consecutive 3-year terms and shall not be reappointed for 3 years after the completion of those consecutive terms.
(b) Board members shall serve without compensation but may be reimbursed for their reasonable travel expenses incurred in performing their duties from funds available for that purpose. The Department shall provide staff and administrative support services to the Board.
(c) The Board may advise:
(i) the Department of Revenue in designing and
| | promoting the Carolyn Adams Ticket For The Cure special instant scratch-off lottery game;
|
| (ii) the Department in reviewing grant applications;
| | (iii) the Director on the final award of grants from
| | amounts appropriated from the Carolyn Adams Ticket For The Cure Grant Fund, to public or private entities in Illinois that reflect the population with regard to ethnic, racial, and geographical composition for the purpose of funding breast cancer research and supportive services for breast cancer survivors and those impacted by breast cancer and breast cancer education. In awarding grants, the Department shall consider criteria that includes, but is not limited to, projects and initiatives that address disparities in incidence and mortality rates of breast cancer, based on data from the Illinois Cancer Registry, and populations facing barriers to care in accordance with Section 21.5 of the Illinois Lottery Law.
|
| (c-5) The Department shall submit a report to the Governor and the General Assembly by December 31 of each year. The report shall provide a summary of the Carolyn Adams Ticket for the Cure lottery ticket sales, grants awarded, and the accomplishments of the grantees.
(d) The Board is discontinued on June 30, 2017.
(Source: P.A. 96-1290, eff. 7-26-10; 97-92, eff. 7-11-11.)
|
(20 ILCS 2310/2310-348)
Sec. 2310-348. The Quality of Life Board.
(a) The Quality of Life Board is created as an advisory board within the Department. The Board shall consist of 11 members as follows: 2 members appointed by the President of the Senate; one member appointed by the Minority Leader of the Senate; 2 members appointed by the Speaker of the House of Representatives; one member appointed by the Minority Leader of the House of Representatives; 2 members appointed by the Governor, one of whom shall be designated as chair of the Board at the time of appointment; and 3 members appointed by the Director who represent organizations that advocate for the healthcare needs of the first and second highest HIV/AIDS risk groups, one each from the northern Illinois region, the central Illinois region, and the southern Illinois region.
The Board members shall serve one 2-year term. If a vacancy occurs in the Board membership, the vacancy shall be filled in the same manner as the initial appointment.
(b) Board members shall serve without compensation but may be reimbursed for their reasonable travel expenses from funds appropriated for that purpose. The Department shall provide staff and administrative support services to the Board.
(c) The Board must:
(i) consult with the Department of the Lottery in
| | designing and promoting the Quality of Life special instant scratch-off lottery game; and
|
| (ii) review grant applications, make recommendations
| | and comments, and consult with the Department of Public Health in making grants, from amounts appropriated from the Quality of Life Endowment Fund, to public or private entities in Illinois for the purpose of HIV/AIDS-prevention education and for making grants to public or private entities in Illinois for the purpose of funding organizations that serve the highest at-risk categories for contracting HIV or developing AIDS in accordance with Section 21.7 of the Illinois Lottery Law.
|
| (d) The Board is discontinued on June 30, 2018.
(Source: P.A. 97-464, eff. 10-15-11; 97-1117, eff. 8-27-12.)
|
(20 ILCS 2310/2310-349)
Sec. 2310-349. The Childhood Cancer Research Board.
(a) The Childhood Cancer Research Board is created as an advisory board within the Department. The Board shall consist of 11 members as follows: 2 members appointed by the President of the Senate; one member appointed by the Minority Leader of the Senate; 2 members appointed by the Speaker of the House of Representatives; one member appointed by the Minority Leader of the House of Representatives; 2 members appointed by the Governor, one of whom shall be designated as chair of the Board at the time of appointment; and 2 members appointed by the Director. The Director, or his or her designee, shall serve as an ex officio member of the Board. Members appointed under this Section shall be experts in pediatric cancer or members of the General Assembly; however, no appointing authority may appoint more than one member of the General Assembly to serve during the same term. For the purposes of this Section, an "expert in pediatric cancer" is defined as a physician or scientist who (i) holds a position of leadership in an internationally recognized program of pediatric cancer research at the time of his or her appointment, or (ii) is a fully tenured professor at an institution of higher education. In addition, an expert in pediatric cancer must possess at least one of the following qualifications:
(1) a strong track record of publication;
(2) participation in a federally-funded pediatric
| | (3) a leadership role in a national cancer research
| | society, including the American Society of Hematology, the American Association of Cancer Research, or the American Society of Clinical Oncology; and
|
| (4) participation in a National Cancer Institute or
| | American Cancer Society study section.
|
| The Board members shall serve one 2-year term. If a vacancy occurs in the Board membership, the vacancy shall be filled in the same manner as the initial appointment.
(b) Board members shall serve without compensation and shall not be reimbursed for necessary expenses incurred in
the performance of their duties unless funds become available to the Board. The Department shall provide staff and administrative support services to the Board.
(c) The Board must review grant applications, make recommendations and comments, and consult with the Department of Public Health in making grants from amounts appropriated from the Childhood Cancer Research Fund to public or private not-for-profit entities for the purpose of conducting childhood cancer research in accordance with Section 6z-93 of the State Finance Act.
(d) Grants shall be awarded to research projects that fall within the following categories:
(1) understanding the basic biology of specific
| | pediatric cancers using cellular and animal models;
|
| (2) pre-clinical studies that translate basic
| | observations into novel diagnostics or therapeutic agents specific to pediatric cancer; or
|
| (3) support of Phase I clinical trials of new agents
| | developed at Illinois institutions.
|
| (e) The Board shall make its recommendations to the Department no later than March 1 of the year after the application is received.
(Source: P.A. 98-464, eff. 1-1-14.)
|
(20 ILCS 2310/2310-350) (was 20 ILCS 2310/55.70)
Sec. 2310-350. Penny Severns Breast, Cervical, and Ovarian Cancer Research Fund. From funds appropriated from the Penny Severns Breast, Cervical, and Ovarian Cancer
Research Fund, the Department shall award grants to eligible physicians,
hospitals, laboratories, education institutions, and other organizations and
persons to enable organizations and persons to conduct research. Disbursements from the Penny Severns Breast, Cervical, and Ovarian Cancer Research Fund for the purpose of ovarian cancer research shall be subject to appropriations. For the
purposes of this Section, "research" includes, but is not limited to,
expenditures to develop and advance the understanding, techniques, and
modalities effective in early detection, prevention, cure, screening, and
treatment of breast, cervical, and ovarian cancer and may include clinical trials.
Moneys received for the purposes of this Section, including but not
limited to income tax checkoff receipts and gifts, grants, and awards from
private foundations, nonprofit organizations, other governmental entities,
and persons shall be deposited into the Penny Severns Breast, Cervical, and Ovarian
Cancer Research Fund, which is hereby created as a special fund in the State
treasury.
The Department shall create an advisory committee with members from, but not
limited to, the Illinois Chapter of the American Cancer Society, Y-Me, the
Susan G. Komen Foundation, and the State Board of Health for the purpose of
awarding research grants under this Section. Members of the advisory committee
shall not be eligible for any financial compensation or reimbursement.
(Source: P.A. 94-119, eff. 1-1-06.)
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(20 ILCS 2310/2310-351) (was 20 ILCS 2310/55.91)
Sec. 2310-351.
Ovarian cancer; Cancer Information Service.
The Department of Public Health, in cooperation with the Cancer Information
Service, shall promote the services of the Cancer Information Service in
relation to ovarian cancer.
(Source: P.A. 91-108, eff. 7-13-99; 92-16, eff. 6-28-01.)
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(20 ILCS 2310/2310-352) (was 20 ILCS 2310/55.86)
Sec. 2310-352.
Children's Cancer Fund; grants.
From funds
appropriated from
the Children's Cancer Fund, a special fund created in the State treasury, the
Department of Human Services shall make grants to public or private
entities in Illinois, including the Mitchell Ross Children's Cancer Fund
and the Cancer Wellness Center, for
the purposes of funding (i) research into causes, prevention, and treatment of
cancer in children
and (ii) direct community-based supportive services and programs that
address the psychological, emotional, and social needs of children with cancer
and their family members.
(Source: P.A. 90-171, eff. 7-23-97; 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-353)
Sec. 2310-353. Cervical Cancer Elimination Task Force.
(a) A standing Task Force on Cervical Cancer Elimination ("Task Force") is established within the Illinois Department of Public Health.
(b) The Task Force shall have 12 members appointed by the Director of Public Health as follows:
(1) A representative of an organization relating to
| | (2) A representative of an organization providing
| | (3) A health educator.
(4) A representative of a national organization
| | relating to cancer treatment who is an oncologist.
|
| (5) A representative of the health insurance industry.
(6) A representative of a national organization of
| | obstetricians and gynecologists.
|
| (7) A representative of a national organization of
| | (8) The State Epidemiologist.
(9) A member at-large with an interest in women's
| | (10) A social marketing expert on health issues.
(11) A licensed registered nurse.
(12) A member of the Illinois Breast and Cervical
| | Cancer Medical Advisory Committee.
|
| The directors of Public Health and Healthcare and Family Services, and the Secretary of Human Services, or their designees, and the Chair and Vice-Chair of the Conference of Women Legislators in Illinois, or their designees, shall be ex officio members of the Task Force. The Director of Public Health shall also consult with the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, and the Minority Leader of the Senate in the designation of members of the Illinois General Assembly as ex-officio members.
Appointments to the Task Force should reflect the composition of the Illinois population with regard to ethnic, racial, age, and religious composition.
(c) The Director of Public Health shall appoint a Chair from among the members of the Task Force. The Task Force shall elect a Vice-Chair from its members. Initial appointments to the Task Force shall be made not later than 30 days after the effective date of this amendatory Act of the 93rd General Assembly. A majority of the Task Force shall constitute a quorum for the transaction of its business. The Task Force shall meet at least quarterly. The Task Force Chair may establish sub-committees for the purpose of making special studies; such sub-committees may include non-Task-Force members as resource persons.
(d) Members of the Task Force shall be reimbursed for their necessary expenses incurred in performing their duties. The Department of Public Health shall provide staff and technical assistance to the Task Force to the extent possible within annual appropriations for its ordinary and contingent expenses.
(e) The Task Force shall have the following duties:
(1) To obtain from the Department of Public Health,
| | if available, data and analyses regarding the prevalence and burden of cervical cancer. The Task Force may conduct or arrange for independent studies and analyses.
|
| (2) To coordinate the efforts of the Task Force with
| | existing State committees and programs providing cervical cancer screening, education, and case management.
|
| (3) To raise public awareness on the causes and
| | nature of cervical cancer, personal risk factors, the value of prevention, early detection, options for testing, treatment costs, new technology, medical care reimbursement, and physician education.
|
| (4) To identify priority strategies, new
| | technologies, and newly introduced vaccines that are effective in preventing and controlling the risk of cervical cancer.
|
| (5) To identify and examine the limitations of
| | existing laws, regulations, programs, and services with regard to coverage and awareness issues for cervical cancer, including requiring insurance or other coverage for PAP smears and mammograms in accordance with the most recently published American Cancer Society guidelines.
|
| (6) To develop a statewide comprehensive Cervical
| | Cancer Prevention Plan and strategies for implementing the Plan and for promoting the Plan to the general public, State and local elected officials, and various public and private organizations, associations, businesses, industries, and agencies.
|
| (7) To receive and to consider reports and testimony
| | from individuals, local health departments, community-based organizations, voluntary health organizations, and other public and private organizations statewide to learn more about their contributions to cervical cancer diagnosis, prevention, and treatment and more about their ideas for improving cervical cancer prevention, diagnosis, and treatment in Illinois.
|
| (f) The Task Force shall submit a report to the Governor and the General Assembly by April 1, 2005 and by April 1 of each year thereafter. The report shall include (i) information regarding the progress being made in fulfilling the duties of the Task Force and in developing the Cervical Cancer Prevention Plan and (ii) recommended strategies or actions to reduce the occurrence of cervical cancer and the burdens from cervical cancer suffered by citizens of this State.
(g) The Task Force shall expire on April 1, 2009, or upon submission of the Task Force's final report to the Governor and the General Assembly, whichever occurs earlier.
(Source: P.A. 95-331, eff. 8-21-07.)
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(20 ILCS 2310/2310-355) (was 20 ILCS 2310/55.23)
Sec. 2310-355.
Cancer, heart disease, and other chronic diseases.
To promote
necessary measures to reduce the mortality from
cancer, heart disease, and other chronic diseases.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-357)
Sec. 2310-357.
Leukemia, lymphoma, and myeloma grants.
The Department of
Public Health may make grants to public and private hospitals, medical centers,
medical
schools, and other organizations for education on and treatment of leukemia,
lymphoma,
and myeloma from appropriations to the Department from the Leukemia Treatment
and
Education Fund, a special fund created in the State treasury.
(Source: P.A. 93-324, eff. 7-23-03.)
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(20 ILCS 2310/2310-358)
Sec. 2310-358.
Grants to the Les Turner ALS Foundation.
Subject to
appropriation, the Department of Public Health shall make grants from the Lou
Gehrig's
Disease (ALS) Research Fund, a special fund in the State treasury, to the Les
Turner ALS
Foundation for research on Amyotrophic Lateral Sclerosis (ALS).
(Source: P.A. 93-36, eff. 6-24-03.)
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(20 ILCS 2310/2310-359)
Sec. 2310-359. The Illinois Brain Tumor Research Fund. The Illinois Brain Tumor Research Fund is hereby created as a special fund in the State treasury. From appropriations to the Department from the Fund, the Department shall make grants to public and private entities for the purpose of research dedicated to the elimination of brain tumors.
(Source: P.A. 94-649, eff. 8-22-05.)
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(20 ILCS 2310/2310-360) (was 20 ILCS 2310/55.80)
Sec. 2310-360. Division chief of dental health. The Department
shall select
a division chief of dental health who shall be a dentist licensed in the United States or Canada. The division chief of dental health shall plan,
direct, and coordinate all dental public health programs within the State of
Illinois and shall integrate dental public health programs with other local,
State, and national health programs; shall serve as the Department's chief
advisor on matters involving dental health; shall maintain direction for
monitoring and supervising the statewide fluoridation program within Illinois;
and shall plan, implement, and evaluate all dental programs within the
Department.
(Source: P.A. 96-205, eff. 8-10-09.)
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(20 ILCS 2310/2310-361)
Sec. 2310-361. The Lung Cancer Research Fund. The Lung Cancer Research Fund is created as a special fund in the State treasury. From appropriations to the Department from the Fund, the Department shall make grants to public or private not-for-profit entities for the purpose of lung cancer research.
(Source: P.A. 95-434, eff. 8-27-07; 95-876, eff. 8-21-08.)
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(20 ILCS 2310/2310-362)
Sec. 2310-362. The Autoimmune Disease Research Fund.
(a) The Autoimmune Disease Research Fund is created as a special fund in the State treasury. From appropriations to the Department from the Fund, the Department shall make grants to public and private entities in the State for the purpose of funding research for the treatment and cure of autoimmune diseases.
(b) For the purposes of this Section:
"Autoimmune disease" means any disease that results from an aberrant immune response, including, without limitation, rheumatoid arthritis, systemic lupus erythematosus, and scleroderma.
"Research" includes, without limitation, expenditures to develop and advance the understanding, techniques, and modalities effective in the detection, prevention, screening, and treatment of autoimmune disease and may include clinical trials. "Research" does not include institutional overhead costs, indirect costs, other organizational levies, or costs of community-based support services.
(c) Moneys received for the purposes of this Section, including, without limitation, income tax checkoff receipts and gifts, grants, and awards from any public or private entity, must be deposited into the Fund. Any interest earnings that are attributable to moneys in the Fund must be deposited into the Fund.
(Source: P.A. 95-435, eff. 8-27-07; 95-876, eff. 8-21-08.)
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(20 ILCS 2310/2310-365) (was 20 ILCS 2310/55.31b)
Sec. 2310-365.
Health and Hazardous Substances Registry.
To
require hospitals, laboratories, or other facilities
in the State to report each incidence of cancer diagnosed by those
hospitals, laboratories, or facilities, along with any other
information the Department may require in order to develop a Health and
Hazardous Substances Registry pursuant to the Illinois Health and Hazardous
Substances Registry Act.
The Department shall promulgate rules and regulations as are necessary to
implement the provisions of this Section pursuant to the Illinois
Administrative Procedure Act.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-367)
Sec. 2310-367. Health Data Task Force; purpose; implementation plan.
(a) In accordance with the recommendations of the 2007 State Health Improvement Plan, it is the policy of the State that, to the extent possible and consistent with privacy and other laws, State public health data and health-related administrative data are to be used to understand and report on the scope of health problems, plan prevention programs, and evaluate program effectiveness at the State and community level. It is a priority to use data to address racial, ethnic, and other health disparities. This system is intended to support State and community level public health planning, and is not intended to supplant or replace data-use agreements between State agencies and academic researchers for more specific research needs.
(b) Within 30 days after August 24, 2007 (the effective date of Public Act 95-418), a Health Data Task Force shall be convened to create a system for public access to integrated health data. The Task Force shall consist of the following: the Director of Public Health or his or her designee; the Director of Healthcare and Family Services or his or her designee; the Secretary of Human Services or his or her designee; the Director of the Department on Aging or his or her designee; the Director of Children and Family Services or his or her designee; the State Superintendent of Education or his or her designee; and other State officials as deemed appropriate by the Governor.
The Task Force shall be advised by a public advisory group consisting of community health data users, minority health advocates, local public health departments, and private data suppliers such as hospitals and other health care providers. Each member of the Task Force shall appoint 3 members of the public advisory group. The public advisory group shall assist the Task Force in setting goals, articulating user needs, and setting priorities for action.
The Department of Public Health is primarily responsible for providing staff and administrative support to the Task Force. The other State agencies represented on the Task Force shall work cooperatively with the Department of Public Health to provide administrative support to the Task Force. The Department of Public Health shall have ongoing responsibility for monitoring the implementation of the plan and shall have ongoing responsibility to identify new or emerging data or technology needs.
The State agencies represented on the Task Force shall review their health data, data collection, and dissemination policies for opportunities to coordinate and integrate data and make data available within and outside State government in support of this State policy. To the extent possible, existing data infrastructure shall be used to create this system of public access to data. The Illinois Department of Health Care and Family Services data warehouse and the Illinois Department of Public Health IPLAN Data System may be the foundation of this system.
(c) The Task Force shall produce a plan with a phased and prioritized implementation timetable focusing on assuring access to improving the quality of data necessary to understand health disparities. The Task Force shall submit an initial report to the General Assembly no later than July 1, 2008, and shall make annual reports to the General Assembly on or before July 1 of each year through 2011 of the progress toward implementing the plan.
(Source: P.A. 97-813, eff. 7-13-12.)
|
(20 ILCS 2310/2310-370) (was 20 ILCS 2310/55.76)
Sec. 2310-370.
Heart Disease Treatment and Prevention Fund; grants.
From funds appropriated from the Heart Disease Treatment and Prevention
Fund, a special fund created in the State treasury, the Department shall
make grants to public and private agencies for the purposes of funding (i)
research into causes, prevention, and treatment of heart disease and (ii)
public education relating to treatment and prevention of heart disease within
the State of Illinois.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, eff.
6-28-01.)
|
(20 ILCS 2310/2310-371)
Sec. 2310-371.
Obesity Study and Prevention Fund.
(a) Findings and declarations. The General Assembly finds and declares the
following:
(1) that obesity is a serious medical problem
| | affecting up to one-third of all Americans;
|
|
(2) that obesity is known to cause or exacerbate a
| | number of serious disorders including hypertension, dyslipidemia, cardiovascular disease, diabetes, respiratory dysfunction, gout, and osteoarthritis;
|
|
(3) that nearly 80% of patients with diabetes
| |
(4) that nearly 70% of diagnosed cases of
| | cardiovascular disease are related to obesity; and
|
|
(5) that obesity ranks second only to smoking as a
| | preventable cause of death, with some 300,000 deaths annually attributable to obesity.
|
|
(b) Definition of "obesity". In this Section, "obesity" means the term as it
is
defined by the National Institutes of Health including, but not limited to, the
condition in
which a person's body mass index is at least 30 kilograms per meter squared, or
the
condition in which a person's body mass index is at least 27 kilograms per
meter squared
and the person suffers from one or more of the following conditions or
diseases: (i) type
II diabetes; (ii) impaired glucose tolerance; (iii) hyperinsulinemia; (iv)
dyslipidemia; (v)
hypertension; (vi) cardiovascular disease; (vii) cerebrovascular disease;
(viii)
osteoarthritis of the hips or knees; (ix) sleep apnea; (x) gastric reflux
disease; or (xi)
gallbladder disease.
(c) Data collection and report to the General Assembly.
(1) Subject to appropriation, the Department, or its
| | designee, shall sample and collect data on individual cases where obesity is being actively treated and analyze that data in order to evaluate the impact of treating obesity. The data collection and analysis shall include the following: (i) the effectiveness of existing methods for treating or preventing obesity; (ii) the effectiveness of alternate methods for treating or preventing obesity; (iii) the fiscal impact of treating or preventing obesity; (iv) the compliance and cooperation of patients with various methods of treating or preventing obesity; and (v) any reduction in serious medical problems associated with diabetes that result from treating or preventing obesity.
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(2) After completion of the data collection, the
| | Department shall submit a report and supporting materials to the General Assembly by March 1, 2005.
|
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(d) Obesity Study and Prevention Fund. The Obesity Study and Prevention Fund
is established in the State treasury. Moneys in the Fund shall be
earmarked for use
by the Department to conduct or support research regarding obesity and shall be
expended in accordance with the provisions of this
Section. Any Fund balance remaining at the end of a fiscal year shall be
carried forward
into the next fiscal year. Income accruing on investments and deposits of the
Fund shall
be deposited into the Fund. Moneys in the Fund shall be
invested
by the Treasurer and administered by the Director of the Department of Public
Health.
(Source: P.A. 93-60, eff. 7-1-03.)
|
(20 ILCS 2310/371)
Sec. 371. (Renumbered).
(Source: Renumbered by P.A. 95-331, eff. 8-21-07.)
|
(20 ILCS 2310/2310-371.5) (was 20 ILCS 2310/371)
Sec. 2310-371.5. Heartsaver AED Fund; grants. Subject to appropriation, the Department of Public Health has the power to make matching grants from the Heartsaver AED Fund, a special fund created in the State treasury, to any school in the State, public park district, forest preserve district, conservation district, municipal recreation department,
college, or university to assist in the purchase of
an Automated External Defibrillator. Applicants for AED grants must demonstrate that they have funds to pay 50% of the cost of the AEDs
for which matching grant moneys are sought. Any school, public park district, forest preserve district, conservation district, municipal recreation department, college, or university applying for the grant shall not receive more than one grant from the Heartsaver AED Fund each fiscal year.
The State Treasurer shall accept and deposit into the Fund all gifts, grants, transfers, appropriations, and other amounts from any legal source, public or private, that are designated for deposit into the Fund.
(Source: P.A. 95-331, eff. 8-21-07; 95-721, eff. 6-3-08.)
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(20 ILCS 2310/2310-372)
Sec. 2310-372.
Stroke Task Force.
(a) The Stroke Task Force is created within the Department of Public Health.
(b) The task force shall be composed of the following members:
(1) Nineteen members appointed by the Director of
| | Public Health from nominations submitted to the Director by the following organizations, one member to represent each organization: the American Stroke Association; the National Stroke Association; the Illinois State Medical Society; the Illinois Neurological Society; the Illinois Academy of Family Physicians; the Illinois Chapter of the American College of Emergency Physicians; the Illinois Chapter of the American College of Cardiology; the Illinois Nurses Association; the Illinois Hospital and Health Systems Association; the Illinois Physical Therapy Association; the Pharmaceutical Manufacturers Association; the Illinois Rural Health Association; the Illinois Chapter of AARP; the Illinois Association of Rehabilitation Facilities; the Illinois Life Insurance Council; the Illinois Public Health Association; the Illinois Speech-Language Hearing Association; the American Association of Neurological Surgeons; and the Illinois Health Care Cost Containment Council.
|
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(2) Five members appointed by the Governor as
| | follows: one stroke survivor; one licensed emergency medical technician; one individual who (i) holds the degree of Medical Doctor or Doctor of Philosophy and (ii) is a teacher or researcher at a teaching or research university located in Illinois; one individual who is a minority person as defined in the Business Enterprise for Minorities, Females, and Persons with Disabilities Act; and one member of the general public.
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(3) The following ex officio members: the chairperson
| | of the Senate Public Health Committee; the minority spokesperson of the Senate Public Health Committee; the chairperson of the House Health Care Committee; and the minority spokesperson of the House Health Care Committee.
|
|
The Director of Public Health shall serve as the chairperson of the task
force.
If a vacancy occurs in the task force membership, the vacancy shall be filled
in the
same manner as the initial appointment.
(c) Task force members shall serve without compensation, but nonpublic
members shall be reimbursed for their reasonable travel expenses incurred in
performing their
duties in connection with the task force.
(d) The task force shall adopt bylaws; shall meet at least 3 times each
calendar
year; and may establish committees as it deems necessary. For purposes of
task force
meetings, a quorum is the number of members present at a meeting. Meetings of
the task
force are subject to the Open Meetings Act. The task force must afford an
opportunity for
public comment at its meetings.
(e) The task force shall advise the Department of Public Health with regard
to
setting priorities for improvements in stroke prevention and treatment efforts,
including,
but not limited to, the following:
(1) Developing and implementing a comprehensive
| | statewide public education program on stroke prevention, targeted to high-risk populations and to geographic areas where there is a high incidence of stroke.
|
|
(2) Identifying the signs and symptoms of stroke and
| | the action to be taken when these signs or symptoms occur.
|
|
(3) Recommending and disseminating guidelines on the
| | treatment of stroke patients, including emergency stroke care.
|
|
(4) Ensuring that the public and health care
| | providers and institutions are sufficiently informed regarding the most effective strategies for stroke prevention; and assisting health care providers in using the most effective treatment strategies for stroke.
|
|
(5) Addressing means by which guidelines may be
| | revised to remain current with developing treatment methodologies.
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|
(f) The task force shall advise the Department of Public Health concerning
the
awarding of grants to providers of emergency medical services and to hospitals
for the
purpose of improving care to stroke patients.
(g) The task force shall submit an annual report to the Governor and the
General
Assembly by January 1 of each year, beginning in 2003. The report must include,
but
need not be limited to, the following:
(1) The task force's plans, actions, and
| |
(2) An accounting of moneys spent for grants and for
| |
(Source: P.A. 92-710, eff. 7-19-02.)
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(20 ILCS 2310/2310-373)
Sec. 2310-373. (Repealed).
(Source: P.A. 93-292, eff. 7-22-03. Repealed by P.A. 98-692, eff. 7-1-14.)
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(20 ILCS 2310/2310-375) (was 20 ILCS 2310/55.36)
Sec. 2310-375.
(Repealed).
(Source: P.A. 91-239, eff. 1-1-00. Repealed by P.A. 92-790, eff. 8-6-02.)
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(20 ILCS 2310/2310-376)
Sec. 2310-376. Hepatitis education and outreach.
(a) The Illinois General Assembly finds and declares the following:
(1) The World Health Organization characterizes
| | hepatitis as a disease of primary concern to humanity.
|
|
(2) Hepatitis is considered a silent killer; no
| | recognizable signs or symptoms occur until severe liver damage has occurred.
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|
(3) Studies indicate that nearly 4 million Americans
| | (1.8 percent of the population) carry the virus HCV that causes the disease.
|
|
(4) 30,000 acute new infections occur each year in
| | the United States, and only 25 to 30 percent are diagnosed.
|
|
(5) 8,000 to 10,000 Americans die from the disease
| |
(6) 200,000 Illinois residents may be carriers and
| | could develop the debilitating and potentially deadly liver disease.
|
|
(7) Inmates of correctional facilities have a higher
| | incidence of hepatitis and, upon their release, present a significant health risk to the general population.
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|
(8) Illinois members of the armed services are
| | subject to an increased risk of contracting hepatitis due to their possible receipt of contaminated blood during a transfusion occurring for the treatment of wounds and due to their service in areas of the World where the disease is more prevalent and healthcare is less capable of detecting and treating the disease. Many of these service members are unaware of the danger of hepatitis and their increased risk of contracting the disease.
|
| (b) Subject to appropriation, the Department shall conduct an education and
outreach campaign, in
addition to its overall effort to prevent infectious disease in Illinois, in
order to
raise awareness about and promote prevention of hepatitis.
(c) Subject to appropriation, in addition to the education and outreach campaign provided in subsection (b), the Department shall develop and make available to physicians, other health care providers, members of the armed services, and other persons subject to an increased risk of contracting hepatitis, educational materials, in written and electronic forms, on the diagnosis, treatment, and prevention of the disease. These materials shall include the recommendations of the federal Centers for Disease Control and Prevention and any other persons or entities determined by the Department to have particular expertise on hepatitis, including the American Liver Foundation. These materials shall be written in terms that are understandable by members of the general public.
(d) The Department shall establish an Advisory Council on Hepatitis to develop a hepatitis prevention plan. The Department shall specify the membership, members' terms, provisions for removal of members, chairmen, and purpose of the Advisory Council. The Advisory Council shall consist of one representative from each of the following State agencies or offices, appointed by the head of each agency or office:
(1) The Department of Public Health.
(2) The Department of Public Aid.
(3) The Department of Corrections.
(4) The Department of Veterans' Affairs.
(5) The Department on Aging.
(6) The Department of Human Services.
(7) The Department of State Police.
(8) The office of the State Fire Marshal.
The Director shall appoint representatives of organizations and advocates in the State of Illinois, including, but not limited to, the American Liver Foundation. The Director shall also appoint interested members of the public, including consumers and providers of health services and representatives of local public health agencies, to provide recommendations and information to the members of the Advisory Council. Members of the Advisory Council shall serve on a voluntary, unpaid basis and are not entitled to reimbursement for mileage or other costs they incur in connection with performing their duties.
(Source: P.A. 93-129, eff. 1-1-04; 94-406, eff. 8-2-05.)
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(20 ILCS 2310/2310-377)
Sec. 2310-377.
Lupus education and outreach.
(a) The Illinois General Assembly finds and declares the following:
(1) Lupus is a chronic, incurable auto-immune disease
| | of unknown origin that mainly affects women of childbearing age, is difficult to diagnose, and causes severe, potentially life-threatening organ damage.
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|
(2) The Lupus Foundation of America estimates that
| | 1.4 million people in the U.S. have a form of lupus.
|
|
(3) Lupus causes the immune system to attack the
| | body's healthy cells and tissues producing skin damage, rheumatoid arthritis, life-threatening inflammation of multiple major organs, and a potentially fatal failure of the renal, circulatory, or central nervous system.
|
|
(4) Symptoms include joint pain, rash, unusual loss
| | of hair, unexplained fever, low blood counts, sensitivity to the sun, and fingers that turn pale or purple when exposed to cold.
|
|
(5) According to the Lupus Foundation of America, a
| | survey of its members revealed that more than half of all people with lupus suffered 4 or more years and were examined by 3 or more doctors before obtaining a correct diagnosis.
|
|
(6) According to the Center for Disease Control and
| | Prevention, the number of lupus-related deaths between 1979 and 1988 increased dramatically; African American women, ages 45-64, experienced a 70% increase, the largest increase among all groups in the 20 years studied.
|
|
(b) Subject to appropriation, the Department shall conduct an education and
outreach campaign
in
order to
raise awareness about the symptoms and treatment of lupus, a potentially
life-threatening disease.
(Source: P.A. 93-129, eff. 1-1-04.)
|
(20 ILCS 2310/2310-378)
Sec. 2310-378.
Wilson's disease.
(a) The Illinois General Assembly finds and declares the following:
(1) Wilson's disease is an inherited disorder in
| | which excessive amounts of copper accumulate in the body and can cause liver disease and neurological or psychiatric disorders; and
|
|
(2) Successful treatment is available for sufferers
| | of Wilson's disease but, without proper treatment, the disease is generally fatal by the age of 30.
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|
(b) Subject to appropriation, the Department shall: (i) conduct a public
health information campaign
for physicians, hospitals, health facilities, public health departments, and
the
general public on Wilson's disease, methods of care, and treatment modalities
available; (ii) identify and catalog Wilson's disease resources in this State
for
distribution and referral purposes; and (iii) coordinate services with
established programs, including State, federal, and voluntary groups.
(Source: P.A. 93-129, eff. 1-1-04.)
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(20 ILCS 2310/2310-380) (was 20 ILCS 2310/55.52)
Sec. 2310-380.
Prenatal transmission of HIV infection.
The
Department shall develop and implement a
public education program to reduce the prenatal transmission of HIV
infection. The program shall be targeted toward population groups whose
behavior places them at the risk of HIV infection.
The program shall target women specifically, and any materials included in
the program shall be in English and in Spanish.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-385) (was 20 ILCS 2310/55.31a)
Sec. 2310-385.
Hospice care.
To provide education and
consultation in
relation to hospice care.
As used in this Section, "hospice" means a program that
provides specialized care for terminally ill persons.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2310/2310-390) (was 20 ILCS 2310/55.65)
Sec. 2310-390.
Lyme disease.
(a) The Department shall
establish policies, procedures, standards, and criteria for the collection,
maintenance, and exchange of medical information necessary for the
identification and evaluation of Lyme disease. The Department shall
include in its public health promotion programs and materials the medical
information about the symptoms, causes, prevention, and treatment of Lyme
disease and how treatment may be obtained.
(b) Subject to appropriation, the Department shall conduct a study
regarding the prevalence,
identification, and evaluation and treatment of Lyme disease. The study shall
include, but need not be limited to, a determination of whether there are a
significant number of Lyme disease cases that do not meet the federal
definition, a determination of health care provider awareness regarding
identification and treatment of Lyme disease, a determination of the volume of
unreported cases of Lyme disease, coordination with relevant State agencies to
identify potential existence of species capable of carrying the bacteria
associated with Lyme disease, and the amount of information available to treat
those diagnosed with Lyme disease. The Department shall complete the study by
January 1, 2002 and issue a report regarding its findings to the Governor and
the General Assembly.
(Source: P.A. 91-239, eff. 1-1-00; 91-745, eff. 1-1-01.)
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(20 ILCS 2310/2310-391)
Sec. 2310-391. Meningitis; educational materials. The Department shall develop educational materials on meningitis for distribution in elementary and secondary schools.
(Source: P.A. 94-769, eff. 5-12-06.)
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(20 ILCS 2310/2310-392) (was 20 ILCS 2310/55.85)
Sec. 2310-392.
Grants from the Mental Health Research Fund.
From funds appropriated from the Mental Health Research Fund,
the Department of Human Services shall award grants to organizations in
Illinois for the purpose of research of mental illness.
(Source: P.A. 90-171, eff. 7-23-97; 90-655, eff. 7-30-98; 91-239,
eff. 1-1-00.)
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(20 ILCS 2310/2310-394)
Sec. 2310-394. Multiple sclerosis; home services.
(a) Subject to appropriation, the Department shall create a program of services for persons with multiple sclerosis to help those persons stay in their homes and out of institutions. The Department shall collaborate with consumers to develop a program of services that is consumer directed.
(1) There shall be meaningful consumer participation
| | in all aspects of program design, review, and improvement.
|
| (2) A review committee shall be established,
| | comprised of consumers and other stakeholders. The committee shall meet at least once a year to evaluate the program, including quality assurance data, and shall submit program recommendations to the Department.
|
| (3) Consumers shall have control in the selection,
| | management, and termination of providers.
|
| (4) Providers shall be educated about
| | consumer-directed services and multiple sclerosis.
|
| (b) To be eligible for the program, a person must meet the following requirements:
(1) He or she must have a current diagnosis of
| | (2) He or she must have applied for benefits under
| | the Home Services Program operated by the Department of Human Services and must have been determined not eligible for benefits under that program because his or her retirement assets or life insurance assets, or both, exceeded the limits applicable to that program.
|
| (3) He or she must have assets not exceeding $17,500.
| | In determining whether a person's assets meet this requirement, the Department must disregard retirement assets up to a total of $500,000 and disregard all life insurance assets.
|
| (c) This Section does not create any new entitlement to a service, program, or benefit, but does not affect any entitlement to a service, program, or benefit created by any other law.
(Source: P.A. 95-744, eff. 7-18-08.)
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(20 ILCS 2310/2310-395) (was 20 ILCS 2310/55.72)
Sec. 2310-395. Task Force on Organ Transplantation.
(a) There is established within the Department a Task
Force
on Organ Transplantation ("the Task Force"). The Task Force shall have the
following 21 members:
(1) The Director, ex officio, or his or her designee.
(2) The Secretary of State, ex officio, or his or her
| |
(3) Four members, appointed one each by the President
| | of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives.
|
|
(4) Fifteen members appointed by the Director as
| | follows: 2 physicians (at least one of whom shall have experience in organ transplantation); one representative of medical schools; one representative of hospitals; one representative of insurers or self-insurers; one representative of an organization devoted to organ donation or the coordination of organ donations; one representative of an organization that deals with tissue donation or the coordination of tissue donations; one representative from the Department of Healthcare and Family Services; one representative from the Illinois Eye Bank Community; one representative from the Illinois Hospital and Health Systems Association; one representative from the Illinois State Coroners Association; one representative from the Illinois State Medical Society; one representative from Mid-America Transplantation Services; and 2 members of the general public who are knowledgeable in areas of the Task Force's work.
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(b) The Task Force shall conduct a comprehensive examination of the medical,
legal, ethical, economic, and social issues presented by human organ
procurement and transplantation.
(c) The Task Force shall report its findings and recommendations to the
Governor and the General Assembly on or before January 1, of each year, and
the Task Force's final report shall be filed on or before January 1, 1999. The
report
shall include, but need not be limited to, the following:
(1) An assessment of public and private efforts to
| | procure human organs for transplantation and an identification of factors that diminish the number of organs available for transplantation.
|
|
(2) An assessment of problems in coordinating the
| | procurement of viable human organs and tissue including skin and bones.
|
|
(3) Recommendations for the education and training of
| | health professionals, including physicians, nurses, and hospital and emergency care personnel, with respect to organ procurement.
|
|
(4) Recommendations for the education of the general
| | public, the clergy, law enforcement officers, members of local fire departments, and other agencies and individuals that may be instrumental in affecting organ procurement.
|
|
(5) Recommendations for ensuring equitable access by
| | patients to organ transplantation and for ensuring the equitable allocation of donated organs among transplant centers and among patients medically qualified for an organ transplant.
|
|
(6) An identification of barriers to the donation of
| | organs to patients (with special emphasis on pediatric patients), including an assessment of each of the following:
|
|
(A) Barriers to the improved identification of
| | organ donors and their families and organ recipients.
|
|
(B) The number of potential organ donors and
| | their geographical distribution.
|
|
(C) Current health care services provided for
| | patients who need organ transplantation and organ procurement procedures, systems, and programs that affect those patients.
|
|
(D) Cultural factors affecting the facility with
| | respect to the donation of the organs.
|
|
(E) Ethical and economic issues relating to organ
| | transplantation needed by chronically ill patients.
|
|
(7) An analysis of the factors involved in insurance
| | reimbursement for transplant procedures by private insurers and the public sector.
|
|
(8) An analysis of the manner in which organ
| | transplantation technology is diffused among and adopted by qualified medical centers, including a specification of the number and geographical distribution of qualified medical centers using that technology and an assessment of whether the number of centers using that technology is sufficient or excessive and whether the public has sufficient access to medical procedures using that technology.
|
|
(9) Recommendations for legislative changes necessary
| | to make organ transplants more readily available to Illinois citizens.
|
|
(d) The Director of Public Health shall review the progress of the Task
Force to determine the need for its continuance, and the Director shall report
this determination to the Governor and the General Assembly on or before
January 1, 1999.
(Source: P.A. 95-331, eff. 8-21-07.)
|
(20 ILCS 2310/2310-396)
Sec. 2310-396. (Repealed).
(Source: P.A. 93-249, eff. 1-1-02. Repealed by P.A. 98-692, eff. 7-1-14.)
|
(20 ILCS 2310/2310-397) (was 20 ILCS 2310/55.90)
Sec. 2310-397. Prostate and testicular cancer program.
(a) The Department, subject to appropriation or other
available funding, shall conduct a program to promote awareness and early
detection of prostate and testicular cancer. The program may include, but
need not be limited to:
(1) Dissemination of information regarding the
| | incidence of prostate and testicular cancer, the risk factors associated with prostate and testicular cancer, and the benefits of early detection and treatment.
|
|
(2) Promotion of information and counseling about
| |
(3) Establishment and promotion of referral services
| |
Beginning July 1, 2004, the program must include the development and
dissemination, through print and broadcast media, of public service
announcements that publicize the importance of prostate cancer screening for
men over age 40.
(b) Subject to appropriation or other available funding,
a Prostate Cancer Screening Program shall be
established in the Department of Public Health.
(1) The Program shall apply to the following persons
| |
(A) uninsured and underinsured men 50 years of
| |
(B) uninsured and underinsured men between 40 and
| | 50 years of age who are at high risk for prostate cancer, upon the advice of a physician or upon the request of the patient; and
|
|
(C) non-profit organizations providing assistance
| | to persons described in subparagraphs (A) and (B).
|
|
(2) Any entity funded by the Program shall coordinate
| | with other local providers of prostate cancer screening, diagnostic, follow-up, education, and advocacy services to avoid duplication of effort. Any entity funded by the Program shall comply with any applicable State and federal standards regarding prostate cancer screening.
|
|
(3) Administrative costs of the Department shall not
| | exceed 10% of the funds allocated to the Program. Indirect costs of the entities funded by this Program shall not exceed 12%. The Department shall define "indirect costs" in accordance with applicable State and federal law.
|
|
(4) Any entity funded by the Program shall collect
| | data and maintain records that are determined by the Department to be necessary to facilitate the Department's ability to monitor and evaluate the effectiveness of the entities and the Program. Commencing with the Program's second year of operation, the Department shall submit an Annual Report to the General Assembly and the Governor. The report shall describe the activities and effectiveness of the Program and shall include, but not be limited to, the following types of information regarding those served by the Program:
|
|
(A) the number; and
(B) the ethnic, geographic, and age breakdown.
(5) The Department or any entity funded by the
| | Program shall collect personal and medical information necessary to administer the Program from any individual applying for services under the Program. The information shall be confidential and shall not be disclosed other than for purposes directly connected with the administration of the Program or except as otherwise provided by law or pursuant to prior written consent of the subject of the information.
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|
(6) The Department or any entity funded by the
| | program may disclose the confidential information to medical personnel and fiscal intermediaries of the State to the extent necessary to administer the Program, and to other State public health agencies or medical researchers if the confidential information is necessary to carry out the duties of those agencies or researchers in the investigation, control, or surveillance of prostate cancer.
|
|
(c) The Department shall adopt rules to implement the Prostate Cancer
Screening Program in accordance with the Illinois Administrative
Procedure Act.
(Source: P.A. 98-87, eff. 1-1-14.)
|
(20 ILCS 2310/2310-398) (was 20 ILCS 2310/55.91)
Sec. 2310-398.
Prostate Cancer Research Fund; grants.
From
funds appropriated
from the Prostate Cancer Research Fund, a special fund created in the State
treasury, the Department of Public Health shall make grants to public or
private entities in Illinois, which may include the Lurie Comprehensive Cancer
Center at the Northwestern University Medical School and the Kellogg Cancer
Care Center at Evanston/Glenbrook Hospitals, for the purpose of funding
research applicable to prostate cancer patients. The grant funds may not be
used for institutional overhead costs, indirect costs, other organizational
levies, or costs of community-based support services.
(Source: P.A. 91-104, eff. 7-13-99; 92-16, eff. 6-28-01.)
|
(20 ILCS 2310/2310-399)
Sec. 2310-399. Colon cancer awareness campaign; the Vince Demuzio Memorial Colon Cancer Fund.
(a) The Department must establish and maintain a public awareness campaign to target areas in Illinois with high colon cancer mortality rates. The campaign must be developed in conjunction with recommendations made by the American Cancer Society.
(b) The Vince Demuzio Memorial Colon Cancer Fund is created as a special fund in the State treasury. From appropriations to the Department from the Fund, the Department must operate the public awareness campaign set forth under subsection (a). The moneys from the Fund may not be used for institutional overhead costs, indirect costs, other organizational levies, or costs of community-based support services.
Moneys received for the purposes of this Section, including, without limitation, income tax checkoff receipts and gifts, grants, and awards from any public or private entity, must be deposited into the Fund. Any interest earned on moneys in the Fund must be deposited into the Fund.
(Source: P.A. 94-142, eff. 1-1-06.)
|
(20 ILCS 2310/2310-400) (was 20 ILCS 2310/55.83)
Sec. 2310-400.
Sarcoidosis.
The Department
shall make
available,
to the general public, information on the disease known as sarcoidosis. The
information shall include symptoms and treatments of the disease and the
address for the Sarcoidosis Research Center.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-403)
Sec. 2310-403. Sarcoidosis Research Fund. To make grants for sarcoidosis research from appropriations to the Department from the Sarcoidosis Research Fund.
(Source: P.A. 94-141, eff. 1-1-06.)
|
(20 ILCS 2310/2310-405) (was 20 ILCS 2310/55.55)
Sec. 2310-405.
Sexually transmitted diseases; inherited metabolic
diseases. The Department shall prepare
a brochure describing sexually transmitted diseases (including, without
limitation, acquired immunodeficiency syndrome, or AIDS) and inherited
metabolic diseases (including, without limitation, hemophilia, sickle
cell
anemia, and Tay-Sachs disease). The descriptions shall include discussion
of
the ways in which the diseases are transmitted and ways to avoid contacting
the diseases. With respect to inherited metabolic diseases, the brochure
shall include recommendations that persons who are susceptible to
contacting those diseases obtain genetic counseling. The brochure
shall be
distributed to each county clerk's office in the State and to any other
office where applications for a marriage license are taken, to be
distributed free of charge to persons applying for a marriage license
or others.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-410) (was 20 ILCS 2310/55.42)
Sec. 2310-410.
Sickle cell disease.
To conduct a public
information campaign for physicians,
hospitals, health facilities, public health departments, and the general
public on sickle cell disease, methods of care, and treatment
modalities available; to identify and catalogue sickle cell resources in
this State for distribution and referral purposes; and to coordinate
services with the established programs, including State, federal, and
voluntary groups.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-415) (was 20 ILCS 2310/55.81)
Sec. 2310-415.
Violent injury reporting.
(a) The
Department shall require hospitals and other facilities in
the
State to report, in a manner determined by rule, each injury allegedly caused
by a violent act. The Department shall
coordinate
this reporting with existing reporting requirements such as trauma and head and
neck injury reporting to reduce duplication of reporting. All information and
data reported shall be confidential and privileged in accordance with Part 21
of Article VIII of the Code of Civil Procedure, except as provided in
subsection (b).
(b) The Department shall compile the
reports
required under subsection (a) and shall determine the impact of violent acts on
children. The Department shall, using only data from which the identity of an
individual cannot be ascertained, reconstructed, or verified and to which the
identity of an individual cannot be linked by a recipient of the data, report
its findings to the General Assembly by December 31, 1997, and every 2 years
thereafter.
(Source: P.A. 90-162, eff. 7-23-97;
91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-420) (was 20 ILCS 2310/55.74)
Sec. 2310-420.
Violence and homicide; injury prevention.
(a) Utilizing existing
resources, the Department may examine the impact of
violence
and homicide on the public health and safety of Illinois residents, especially
children. Based on their findings, the Department shall, if warranted, declare
violence and homicide a public health epidemic and recommend anti-violence and
homicide prevention programs to the Illinois General Assembly.
(b) The Section on Injury Prevention is created within the Department. The Section on Injury Prevention is charged with coordination
and expansion of prevention and control activities related to
intentional and unintentional injuries. The
duties of the Section on Injury Prevention may include, but may not be limited
to, the following:
(1) To serve as a data coordinator and analysis
| | source of mortality and injury statistics for other State agencies.
|
|
(2) To integrate an injury and violence prevention
| | focus within the Department.
|
|
(3) To develop collaborative relationships with other
| | State agencies and private and community organizations to establish programs promoting injury prevention, awareness, and education to reduce automobile, motorcycle, and bicycle injuries and interpersonal violence, including homicide, child abuse, youth violence, domestic violence, sexual assault, and elderly abuse.
|
|
(4) To support the development of comprehensive
| | community-based injury and violence prevention initiatives within municipalities of this State.
|
|
(5) To identify possible sources of funding to
| | establish and continue programs to promote prevention of intentional and unintentional injuries.
|
|
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-424)
Sec. 2310-424. Men's Health Issues.
(a) The Department of Public Health shall designate a member of its
staff to handle men's health issues not currently or adequately addressed
by the Department.
(b) The staff person's duties shall include, but not be limited to, the
following:
(1) Assisting in the assessment of the health needs
| |
(2) Recommending treatment methods and programs that
| | are sensitive and reference materials to service providers, organizations, and other agencies.
|
|
(3) Promoting awareness of men's health concerns and
| | encouraging, promoting, and aiding the establishment of men's services.
|
|
(4) Providing adequate and effective opportunities
| | for men to express their views on Department policy development, program implementation, and interdepartmental coordination of men's services.
|
|
(Source: P.A. 95-36, eff. 8-10-07.)
|
(20 ILCS 2310/2310-425) (was 20 ILCS 2310/55.66)
Sec. 2310-425.
Health care summary for women.
(a) From funds made available from the General Assembly for this
purpose,
the Department shall publish in plain language, in both an
English and a Spanish version, a pamphlet providing information regarding
health care for women which shall include the following:
(1) A summary of the various medical conditions,
| | including cancer, sexually transmitted diseases, endometriosis, or other similar diseases or conditions widely affecting women's reproductive health, that may require a hysterectomy or other treatment.
|
|
(2) A summary of the recommended schedule and
| | indications for physical examinations, including "pap smears" or other tests designed to detect medical conditions of the uterus and other reproductive organs.
|
|
(3) A summary of the widely accepted medical
| | treatments, including viable alternatives, that may be prescribed for the medical conditions specified in paragraph (1).
|
|
(b) In developing the summary the Department shall consult with the
Illinois State Medical Society and consumer groups. The summary shall be
updated by the Department every 2 years.
(c) The Department shall distribute the summary to hospitals, public
health centers, and physicians who are likely to treat medical conditions
described in paragraph (1) of subsection (a). Those hospitals, public
health centers, and physicians shall make the summaries available to the
public. The Department shall also distribute the summaries to any person,
organization, or other interested parties upon request. The summary may be
duplicated by any person provided the copies are identical to the
current
summary prepared by the Department.
(d) The summary shall display on the inside of its cover, printed in
capital letters and bold face type, the following paragraph:
"The information contained in this brochure is only for the purpose of
assisting you, the patient, in understanding the medical information and
advice offered by your physician. This brochure cannot serve as a
substitute for the sound professional advice of your physician. The
availability of this brochure or the information contained within is not
intended to alter, in any way, the existing physician-patient relationship,
nor the existing professional obligations of your physician in the delivery
of medical services to you, the patient."
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-430) (was 20 ILCS 2310/55.69)
Sec. 2310-430.
Women's health issues.
(a) The Department shall designate a member of its staff to handle women's
health issues not currently or adequately addressed by the Department.
(b) The staff person's duties shall include, without limitation:
(1) Assisting in the assessment of the health needs
| |
(2) Recommending treatment methods and programs that
| | are sensitive and relevant to the unique characteristics of women.
|
|
(3) Promoting awareness of women's health concerns
| | and encouraging, promoting, and aiding in the establishment of women's services.
|
|
(4) Providing adequate and effective opportunities
| | for women to express their views on Departmental policy development and program implementation.
|
|
(5) Providing information to the members of the
| | public, patients, and health care providers regarding women's gynecological cancers, including but not limited to the signs and symptoms, risk factors, the benefits of early detection through appropriate diagnostic testing, and treatment options.
|
|
(6) Publishing the health care summary required under
| | Section 2310-425 of this Act.
|
|
(c) The information provided under item (5) of subsection (b) of this
Section may include, but is not limited to, the following:
(1) Educational and informational materials in print,
| | audio, video, electronic, or other media.
|
|
(2) Public service announcements and advertisements.
(3) The health care summary required under Section
| |
The Department may develop or contract with others to develop, as the
Director deems appropriate, the materials described in this subsection (c)
or may survey available publications from, among other sources, the National
Cancer Institute and the American Cancer Society. The staff person designated
under this Section shall collect the materials, formulate a distribution plan,
and disseminate the materials according to the plan. These materials shall be
made available to the public free of charge.
In exercising its powers under this subsection (c), the Department shall
consult with appropriate health care professionals and providers, patients,
and organizations representing health care professionals and providers and
patients.
(Source: P.A. 91-106, eff. 1-1-00; 91-239, eff. 1-1-00; 92-16, eff.
6-28-01.)
|
(20 ILCS 2310/2310-433)
Sec. 2310-433. COPD issues.
(a) Subject to appropriation, the Department shall designate a
member of its staff to handle issues related to Chronic Obstructive Pulmonary Disease (COPD), which are not currently
or adequately addressed by the Department.
(b) The staff person's duties must include, without limitation, the following:
(1) the improvement of data-collection systems and
| | surveillance systems with respect to COPD;
|
| (2) the increase of Department programs related to
| | education about COPD and to the diagnosis and treatment of the disease;
|
| (3) the identification and removal of barriers to
| | medical care, diagnostic services, and treatment of COPD; and
|
| (4) the promotion of the awareness of COPD concerns
| | and the advocacy for the establishment of COPD patient services.
|
|
(Source: P.A. 96-589, eff. 8-18-09.)
|
(20 ILCS 2310/2310-435) (was 20 ILCS 2310/55.44)
Sec. 2310-435.
Smoking cessation program for WIC participants.
(a) (Blank).
(b) (Blank).
(c) The Department, in cooperation with the Department
of Human Services, shall maintain a smoking cessation
program for participants in the Women, Infants and Children Nutrition
Program. The program shall include, but not be limited to, tobacco use
screening, education on the effects of tobacco use, and smoking cessation
counseling and referrals.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-440) (was 20 ILCS 2310/55.54)
Sec. 2310-440.
Pregnant women; medical consequences of alcohol, drug, and
tobacco use and abuse. The Department shall,
from
funds appropriated for that purpose, conduct an ongoing, statewide
education program to inform pregnant women of the medical consequences of
alcohol, drug, and tobacco use and abuse.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-442) (was 20 ILCS 2310/55.84)
Sec. 2310-442.
Breast feeding; public information campaign.
The Department may conduct an information campaign for the general public
to promote breast feeding of infants by their mothers. The Department may
include the information in a brochure prepared under Section 2310-305 or in a
brochure that shares other information with the general public and is
distributed free of charge. If the Department includes the information
required under this Section in a brochure authorized or required under another
provision of law, the Department may continue to use existing stocks of that
brochure before adding the information required under this Section but shall
add that information in the next printing of the brochure. The information
required under this Section may be distributed to the parents or legal
custodians of each newborn upon discharge of the infant from a hospital or
other health care facility.
(Source: P.A. 90-244, eff. 1-1-98; 90-655, eff. 7-30-98; 91-239, eff.
1-1-00; 91-357, eff. 7-29-99.)
|
(20 ILCS 2310/2310-445) (was 20 ILCS 2310/55.71)
Sec. 2310-445. Interagency council on health care for
pregnant women and
infants.
(a) On or before January 1, 1994, the Director, in
cooperation with the Director of Public Aid (now Director of Healthcare and Family Services), the Director of Children and
Family Services, the Director of Alcoholism and Substance Abuse, and the
Director of Insurance, shall develop and submit to the Governor a proposal
for
consolidating all existing health programs required by law for pregnant women
and infants into one comprehensive plan to be implemented by one or
several agencies. The proposal shall:
(1) include a time schedule for implementing the plan;
(2) provide a cost estimate of the plan;
(3) identify federal waivers necessary to implement
| |
(4) examine innovative programs; and
(5) identify sources of funding for the plan.
(b) The plan developed under subsection (a) shall provide the following
services statewide:
(1) Comprehensive prenatal services for all pregnant
| | women who qualify for existing programs through the Department of Public Aid (now Department of Healthcare and Family Services) or the Department of Public Health or any other government-funded programs.
|
|
(2) Comprehensive medical care for all infants under
| |
(3) A case management system under which each family
| | with a child under the plan is assigned a case manager and under which every reasonable effort is made to assure continuity of case management and access to other appropriate social services.
|
|
(4) Services regardless of and fees for services
| | based on clients' ability to pay.
|
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
(20 ILCS 2310/2310-500) (was 20 ILCS 2310/55.07)
Sec. 2310-500.
Sanitary investigations.
To make
sanitary investigations that it may, from time to
time, deem necessary for the preservation and improvement of health.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-505) (was 20 ILCS 2310/55.08)
Sec. 2310-505.
Nuisances; questions affecting security of life and health.
To make examinations into nuisances and questions affecting the
security of life and health in any locality in the State.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-510) (was 20 ILCS 2310/55.15)
Sec. 2310-510.
Investigations for preservation and improvement of health.
To
make investigations and inquiries with respect to the causes
of disease and death; to investigate the effect of environment,
including conditions of employment and other conditions that may
affect
health; and to make other investigations that it
may deem
necessary for
the preservation and improvement of health.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-530) (was 20 ILCS 2310/55.04)
Sec. 2310-530.
Recreational, migrant labor, and other camps.
To
inspect recreational, tourist, migrant labor, and automobile
trailer camps and to prepare and enforce rules and regulations governing
their construction and operations to the end that they will be constructed
and maintained in a sanitary manner.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-535) (was 20 ILCS 2310/55.21)
Sec. 2310-535.
Public hospitals, sanitaria, and other institutions.
To
inspect, from time to time, all hospitals, sanitaria, and
other institutions conducted by county, city, village, or township
authorities and to report as to the sanitary conditions and needs of those
hospitals, sanitaria, and institutions to the official authority having
jurisdiction over them.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-537) (was 20 ILCS 2310/55.75a)
Sec. 2310-537.
Review of inspection programs.
The Department of Public
Health shall, utilizing the expertise and membership of the Hospital Licensing
Board created pursuant to Section 10 of the Hospital Licensing Act, conduct a
review of the hospital inspection programs of the Department under the Hospital
Licensing Act and any other hospital program operated by the Department. The
required review should include (i) a study of the basis for, and establishment
of, standards by the various entities who regulate hospitals; (ii) the survey
activities of any other public or private agency inspecting hospitals; and
(iii) the interpretation and application of the adopted standards by each of
the entities.
The Department shall issue a report of the review and any
recommendations regarding the feasibility of development of a consolidated or
consistent set of regulations among the various entities. The Department
shall seek the input and participation of the various federal and private
organizations that establish standards for hospitals. A report shall be
issued to the Governor and the General Assembly by July 1, 2000.
(Source: P.A. 91-154, eff. 7-16-99; 92-16, eff. 6-28-01.)
|
(20 ILCS 2310/2310-540) (was 20 ILCS 2310/55.31)
Sec. 2310-540.
General hospitals; minimum standards for operation; uterine
cytologic examinations for cancer. To establish and enforce
minimum standards for the operation of
all
general hospitals. The standards shall include the requirement
that every
hospital licensed by the State of Illinois shall offer a uterine cytologic
examination for cancer to every female in-patient 20 years of age or over
unless considered contra-indicated by the attending physician or unless it
has been performed within the previous year. Every woman for whom the test
is applicable shall have the right to refuse the test
on the counsel of the
attending physician or on her own judgment. The hospital shall in
all cases
maintain records to show either the results of the test or that the test
was not applicable or that it was refused.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-543)
Sec. 2310-543.
Information regarding health care services.
With funds
made available for this purpose, the Department may, in conjunction with other
programs or activities related to accessing medical care, develop and provide
to the public and health care patients information regarding the categories or
types of health care services available and their appropriate use, paying
particular attention to seeking care in hospital emergency departments.
(Source: P.A. 93-540, eff. 8-18-03.)
|
(20 ILCS 2310/2310-545) (was 20 ILCS 2310/55.20)
Sec. 2310-545.
(Repealed).
(Source: P.A. 91-239, eff. 1-1-00. Repealed by P.A. 92-790, eff. 8-6-02.)
|
(20 ILCS 2310/2310-550) (was 20 ILCS 2310/55.40)
Sec. 2310-550. Long-term care facilities. The Department may
perform, in all long-term
care facilities as defined in the Nursing Home Care
Act, all facilities as defined in the Specialized Mental Health Rehabilitation Act of 2013, and all facilities as defined in the ID/DD Community Care Act, all inspection, evaluation, certification, and inspection of care
duties that the federal government may require the State of Illinois
to
perform or have performed as a condition of participation in any programs
under Title XVIII or Title XIX of the federal Social Security Act.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13.)
|
(20 ILCS 2310/2310-555) (was 20 ILCS 2310/55.06)
Sec. 2310-555.
Public swimming pools; bathing places.
To
examine artificially constructed public swimming pools and
prepare and enforce rules and regulations governing their construction,
operation, and use to the end that they will be constructed and maintained
in a sanitary manner; to inspect natural and semi-natural bathing places to
determine conformance with Department's recommendation for operation and
maintenance of those areas, and to have the authority to require
closing of
any area when that action is considered necessary to prevent
possible
spread of infection or disease.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-560) (was 20 ILCS 2310/55.87)
Sec. 2310-560. Advisory committees concerning
construction of
facilities.
(a) The Director shall appoint an advisory committee. The committee
shall be established by the Department by rule. The Director and the
Department shall consult with the advisory committee concerning the
application of building codes and Department rules related to those
building codes to facilities under the Ambulatory Surgical Treatment
Center Act, the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, and the ID/DD Community Care Act.
(b) The Director shall appoint an advisory committee to advise the
Department and to conduct informal dispute resolution concerning the
application of building codes for new and existing construction and related
Department rules and standards under the Hospital Licensing Act, including
without limitation rules and standards for (i) design and construction, (ii)
engineering and maintenance of the physical plant, site, equipment, and
systems (heating, cooling, electrical, ventilation, plumbing, water, sewer,
and solid waste disposal), and (iii) fire and safety. The advisory committee
shall be composed of all of the following members:
(1) The chairperson or an elected representative from
| | the Hospital Licensing Board under the Hospital Licensing Act.
|
|
(2) Two health care architects with a minimum of 10
| | years of experience in institutional design and building code analysis.
|
|
(3) Two engineering professionals (one mechanical and
| | one electrical) with a minimum of 10 years of experience in institutional design and building code analysis.
|
|
(4) One commercial interior design professional with
| | a minimum of 10 years of experience.
|
|
(5) Two representatives from provider associations.
(6) The Director or his or her designee, who shall
| | serve as the committee moderator.
|
|
Appointments shall be made with the concurrence of the
Hospital Licensing Board. The committee shall submit
recommendations concerning the
application of building codes and related Department rules and
standards to the
Hospital Licensing Board
for review and comment prior to
submission to the Department. The committee shall submit
recommendations concerning informal dispute resolution to the Director.
The Department shall provide per diem and travel expenses to the
committee members.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13.)
|
(20 ILCS 2310/2310-565) (was 20 ILCS 2310/55.88)
Sec. 2310-565. Facility construction training
program. The
Department shall conduct, at least annually, a joint in-service training
program for architects, engineers, interior designers, and other persons
involved in the construction of a facility under the Ambulatory Surgical
Treatment Center Act, the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the Hospital Licensing Act
on problems and issues relating to the construction of facilities under any of
those Acts.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13.)
|
(20 ILCS 2310/2310-575) (was 20 ILCS 2310/55.10)
Sec. 2310-575.
Laboratories and blood banks; minimum standards and
examinations. To establish and enforce minimum standards for the
operation of
laboratories, including clinical laboratories and blood banks, making
examinations in connection with the diagnosis of disease or tests for the
evaluation of health hazards.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-577)
Sec. 2310-577. Cord blood stem cell banks.
(a) Subject to appropriation, the Department shall establish a network of human cord blood stem cell banks. The Director shall enter into contracts with qualified cord blood stem cell banks to assist in the establishment, provision, and maintenance of the network.
(b) A cord blood stem cell bank is eligible to enter the network and be a donor bank if it satisfies each of the following:
(1) Has obtained all applicable federal and State
| | licenses, accreditations, certifications, registrations, and other authorizations required to operate and maintain a cord blood stem cell bank.
|
| (2) Has implemented donor screening and cord blood
| | collection practices adequate to protect both donors and transplant recipients and to prevent transmission of potentially harmful infections and other diseases.
|
| (3) Has established a system of strict
| | confidentiality to protect the identity and privacy of patients and donors in accordance with existing federal and State law and consistent with regulations promulgated under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, for the release of the identity of donors, the identity of recipients, or identifiable records.
|
| (4) Has established a system for encouraging donation
| | by an ethnically and racially diverse group of donors.
|
| (5) Has developed adequate systems for communication
| | with other cord blood stem cell banks, transplant centers, and physicians with respect to the request, release, and distribution of cord blood units nationally and has developed those systems, consistent with the regulations promulgated under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, to track recipients' clinical outcomes for distributed units.
|
| (6) Has developed an objective system for educating
| | the public, including patient advocacy organizations, about the benefits of donating and utilizing cord blood stem cells in appropriate circumstances.
|
| (7) Has policies and procedures in place for the
| | procurement of materials for the conduct of stem cell research, including policies and procedures ensuring that persons are empowered to make voluntary and informed decisions to participate or to refuse to participate in the research, and ensuring confidentiality of the decision.
|
| (8) Has policies and procedures in place to ensure
| | the bank is following current best practices with respect to medical ethics, including informed consent of patients and the protection of human subjects.
|
| (c) A donor bank that enters into the network shall do all of the following:
(1) Acquire, tissue-type, test, cryopreserve, and
| | store donated units of human cord blood acquired with the informed consent of the donor, in a manner that complies with applicable federal regulations.
|
| (2) Make cord blood units collected under this
| | Section, or otherwise, available to transplant centers for stem cell transplantation.
|
| (3) Allocate up to 10% of the cord blood inventory
| | each year for peer-reviewed research. This quota may be met by using cord blood units that did not meet the cell count standards necessary for transplantation.
|
| (4) Make agreements with obstetrical health care
| | facilities, consistent with federal regulations, for the collection of donated units of human cord blood.
|
| (d) An advisory committee shall advise the Department concerning the administration of the cord blood stem cell bank network. The committee shall be appointed by the Director and consist of members who represent each of the following:
(1) Cord blood stem cell transplant centers.
(2) Physicians from participating birthing hospitals.
(3) The cord blood stem cell research community.
(4) Recipients of cord blood stem cell transplants.
(5) Family members who have made a donation to a
| | statewide cord blood stem cell bank.
|
| (6) Individuals with expertise in the social sciences.
(7) Members of the general public.
(8) Each network donor bank.
(9) Hospital administration from birthing hospitals.
Except as otherwise provided under this subsection, each member of the committee shall serve for a 3-year term and may be reappointed for one or more additional terms. Appointments for the initial members shall be for terms of 1, 2, and 3 years, respectively, so as to provide for the subsequent appointment of an equal number of members each year. The committee shall elect a chairperson.
(e) A person has a conflict of interest if any action, advice, or recommendation with respect to a matter may directly or indirectly financially benefit any of the following:
(1) That person.
(2) That person's spouse, immediate family living
| | with that person, or that person's extended family.
|
| (3) Any individual or entity required to be disclosed
| | (4) Any other individual or entity with which that
| | person has a business or professional relationship.
|
| An advisory committee member who has a conflict of interest with respect to a matter may not discuss that matter with other committee members and shall not vote upon or otherwise participate in any committee action, advice, or recommendation with respect to that matter. Each recusal occurring during a committee meeting shall be made a part of the minutes or recording of the meeting in accordance with the Open Meetings Act.
The Department shall not allow any Department employee to participate in the processing of, or to provide any advice or recommendation concerning, any matter with which the Department employee has a conflict of interest.
(f) Each advisory committee member shall file with the Secretary of State a written disclosure of the following with respect to the member, the member's spouse, and any immediate family living with the member:
(1) Each source of income.
(2) Each entity in which the member, spouse, or
| | immediate family living with the member has an ownership or distributive income share that is not an income source required to be disclosed under item (1) of this subsection (f).
|
| (3) Each entity in or for which the member, spouse,
| | or immediate family living with the member serves as an executive, officer, director, trustee, or fiduciary.
|
| (4) Each entity with which the member, member's
| | spouse, or immediate family living with the member has a contract for future income.
|
| Each advisory committee member shall file the disclosure required by this subsection (f) at the time the member is appointed and at the time of any reappointment of that member.
Each advisory committee member shall file an updated disclosure with the Secretary of State promptly after any change in the items required to be disclosed under this subsection with respect to the member, the member's spouse, or any immediate family living with the member.
The requirements of Section 3A-30 of the Illinois Governmental Ethics Act and any other disclosures required by law apply to this Act.
Filed disclosures shall be public records.
(g) The Department shall do each of the following:
(1) Ensure that the donor banks within the network
| | meet the requirements of subsection (b) on a continuing basis.
|
| (2) Encourage network donor banks to work
| | collaboratively with other network donor banks and encourage network donor banks to focus their resources in their respective local or regional area.
|
| (3) Designate one or more established national or
| | international cord blood registries to serve as a statewide cord blood stem cell registry.
|
| (4) Coordinate the donor banks in the network.
In performing these duties, the Department may seek the advice of the advisory committee.
(h) Definitions. As used in this Section:
(1) "Cord blood unit" means the blood collected from
| | a single placenta and umbilical cord.
|
| (2) "Donor" means a mother who has delivered a baby
| | and consents to donate the newborn's blood remaining in the placenta and umbilical cord.
|
| (3) "Donor bank" means a qualified cord blood stem
| | cell bank that enters into a contract with the Director under this Section.
|
| (4) "Human cord blood stem cells" means hematopoietic
| | stem cells and any other stem cells contained in the neonatal blood collected immediately after the birth from the separated placenta and umbilical cord.
|
| (5) "Network" means the network of qualified cord
| | blood stem cell banks established under this Section.
|
|
(Source: P.A. 95-406, eff. 8-24-07.)
|
(20 ILCS 2310/2310-580) (was 20 ILCS 2310/55.11)
Sec. 2310-580.
Certificate of competency to make laboratory tests.
To issue
certificates of competency to persons and laboratories
making laboratory tests in connection with the diagnosis of disease or for
the evaluation of health hazards and to prepare and enforce rules and
regulations relative to the issuance and use of such certificates.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-600)
Sec. 2310-600. Advance directive information.
(a) The Department of Public Health shall prepare and publish the summary of
advance directives law, as required by the federal Patient
Self-Determination Act, and related forms. Publication may be limited to the World Wide Web. The summary required under this subsection (a) must include the Department of Public Health Uniform DNR/POLST form.
(b) The Department of Public Health shall publish
Spanish language
versions of the following:
(1) The statutory Living Will Declaration form.
(2) The Illinois Statutory Short Form Power of
| | Attorney for Health Care.
|
|
(3) The statutory Declaration of Mental Health
| |
(4) The summary of advance directives law in Illinois.
(5) The Department of Public Health Uniform DNR/POLST
| |
Publication may be limited to the World Wide Web.
(b-5) In consultation with a statewide professional organization
representing
physicians licensed to practice medicine in all its branches, statewide
organizations representing nursing homes, registered professional nurses, and emergency medical systems, and a statewide
organization
representing hospitals, the Department of Public Health shall develop and
publish a uniform
form for practitioner cardiopulmonary resuscitation (CPR) or life-sustaining treatment orders that may be utilized in all
settings. The form shall meet the published minimum requirements to nationally be considered a practitioner orders for life-sustaining treatment form, or POLST, and
may be referred to as the Department of Public Health Uniform DNR/POLST form. This form does not replace a physician's or other practitioner's authority to make a do-not-resuscitate (DNR) order.
(c) (Blank).
(d) The Department of Public Health shall publish the Department of Public Health Uniform DNR/POLST form reflecting the changes made by this amendatory Act of the 98th General Assembly no later than January 1, 2015.
(Source: P.A. 97-382, eff. 1-1-12; 98-1110, eff. 8-26-14.)
|
(20 ILCS 2310/2310-605)
Sec. 2310-605.
(Repealed).
(Source: P.A. 92-157, eff. 7-25-01. Repealed internally, eff. 4-30-02.)
|
(20 ILCS 2310/2310-610)
Sec. 2310-610. Rules; public health preparedness. The Department shall adopt and implement rules, contact lists, and response plans governing public health preparedness and response.
(Source: P.A. 95-331, eff. 8-21-07.)
|
(20 ILCS 2310/2310-612)
Sec. 2310-612. Blindness prevention grants.
(a) From funds appropriated from the Blindness Prevention Fund, a special fund created in the State treasury, the Department must make grants to charitable or educational entities in Illinois for the purpose of funding (i) public education on the importance of eye care and the prevention of blindness and (ii) the provision of eye care to children, senior citizens, and other needy individuals whose needs are not covered by any other source of funds.
(b) Grants under this Section must be awarded on both a statewide and regional basis, taking into consideration each region's contributions to the Fund. At least 25% of the grants must be made to regional grantees.
(c) A grant under this Section shall be made for a period of one year and, subject to the availability of funds, may be renewed by the Department.
(d) The Department must create an advisory committee to make recommendations to the Department concerning grant proposals. The advisory committee shall consist of one representative from the Illinois Society for the Prevention of Blindness, one licensed doctor of optometry, one member of the Gateway Lions & Partners, one optometric educator from a school of optometry located within Illinois, and one member from the general public. Members of the advisory committee may not receive compensation or reimbursement for their services. Members of the committee must recuse themselves from consideration of any grant proposals submitted by any entity from which they were appointed.
(e) The Department must adopt any rules necessary to implement and administer this Section, including, without limitation, a methodology for determining regions of the State.
(Source: P.A. 94-602, eff. 8-16-05.)
|
(20 ILCS 2310/2310-615)
Sec. 2310-615. Department coordination; public health preparedness. The Department shall require and coordinate development and implementation of public health preparedness and response plans by local health departments and facilities licensed by the Department.
(Source: P.A. 93-829, eff. 7-28-04.)
|
(20 ILCS 2310/2310-617)
Sec. 2310-617. Human papillomavirus vaccine.
(a) As used in this Section, "eligible individual" means a female child under the age of 18, who is a resident of Illinois who: (1) is not entitled to receive a human papillomavirus (HPV) vaccination at no cost as a benefit under a plan of health insurance, a managed care plan, or a plan provided by a health maintenance organization, a health services plan corporation, or a similar entity, and (2) meets the requirements established by the Department of Public Health by rule.
(b) Subject to appropriation, the Department of Public Health shall establish and administer a program, commencing no later than July 1, 2011, under which any eligible individual shall, upon the eligible individual's request, receive a series of HPV vaccinations as medically indicated, at no cost to the eligible individual.
(c) The Department of Public Health shall adopt rules for the administration and operation of the program, including, but not limited to: determination of the HPV vaccine formulation to be administered and the method of administration; eligibility requirements and eligibility determinations; and standards and criteria for acquisition and distribution of the HPV vaccine and related supplies. The Department may enter into contracts or agreements with public or private entities for the performance of such duties under the program as the Department may deem appropriate to carry out this Section and its rules adopted under this Section.
(Source: P.A. 95-422, eff. 8-24-07.)
|
(20 ILCS 2310/2310-620)
Sec. 2310-620. Cooperation; public health preparedness. The Department shall collaborate with relevant federal government authorities, State agencies, local authorities, including local public health authorities, elected officials from other states, and private sector organizations on public health preparedness and response.
(Source: P.A. 93-829, eff. 7-28-04.)
|
(20 ILCS 2310/2310-625)
Sec. 2310-625. Emergency Powers.
(a) Upon proclamation of a disaster by the Governor, as provided for in the Illinois Emergency Management Agency Act, the Director of Public Health shall have the following powers, which shall be exercised only in coordination with the Illinois Emergency Management Agency and the Department of Financial and
Professional Regulation:
(1) The power to suspend the requirements for
| | temporary or permanent licensure or certification of persons who are licensed or certified in another state and are working under the direction of the Illinois Emergency Management Agency and the Illinois Department of Public Health pursuant to the declared disaster.
|
| (2) The power to modify the scope of practice
| | restrictions under the Emergency Medical Services (EMS) Systems Act for any persons who are licensed under that Act for any person working under the direction of the Illinois Emergency Management Agency and the Illinois Department of Public Health pursuant to the declared disaster.
|
| (3) The power to modify the scope of practice
| | restrictions under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, or the ID/DD Community Care Act for Certified Nursing Assistants for any person working under the direction of the Illinois Emergency Management Agency and the Illinois Department of Public Health pursuant to the declared disaster.
|
| (b) Persons exempt from licensure or certification under paragraph (1) of subsection (a) and persons operating under modified scope of practice provisions under paragraph (2) of subsection (a) and paragraph (3) of subsection (a) shall be exempt from licensure or certification or subject to modified scope of practice only until the declared disaster has ended as provided by law. For purposes of this Section, persons working under the direction of an emergency services and disaster agency accredited by the Illinois Emergency Management Agency and a local public health department, pursuant to a declared disaster, shall be deemed to be working under the direction of the Illinois Emergency Management Agency and the Department of Public Health.
(c) The Director shall exercise these powers by way of proclamation.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13.)
|
(20 ILCS 2310/2310-630)
Sec. 2310-630. Influenza vaccinations.
(a) As used in this Section, "eligible individual" means a resident of Illinois who:
(1) is not entitled to receive an influenza vaccination at no cost as a benefit under a plan of health insurance, a managed care plan, or a plan provided by a health maintenance organization, a health services plan corporation, or a similar entity; and
(2) meets the requirements established by the Department of Public Health by rule.
(b) Subject to appropriation, the Department of Public Health shall establish and administer a program under which any eligible individual shall, upon the eligible individual's request, receive an influenza vaccination once each year at no cost to the eligible individual.
(c) The Department of Public Health shall adopt rules for the administration and operation of the program, including but not limited to: determination of the influenza vaccine formulation to be administered and the method of administration; eligibility requirements and eligibility determinations; and standards and criteria for acquisition and distribution of influenza vaccine and related supplies. The Department may enter into contracts or agreements with public or private entities for the performance of such duties under the program as the Department may deem appropriate to carry out this Section and its rules adopted under this Section.
(Source: P.A. 95-331, eff. 8-21-07.)
|
(20 ILCS 2310/2310-635)
Sec. 2310-635. Healthy Smiles Fund; grants. Subject to appropriation, the Department of Public Health has the power to make grants or use moneys in the Healthy Smiles Fund, a special fund created in the State treasury, to secure federal matching grants to provide for quality assurance program evaluation activities for school-based, school-linked oral health programs operating under the auspices of either the Department of Public Health or the Department of Healthcare and Family Services. The Department shall accept and deposit with the State Treasurer all gifts, grants, transfers, appropriations, and other amounts from any legal source, public or private, that are designated for deposit into the Fund.
(Source: P.A. 95-940, eff. 8-29-08.)
|
(20 ILCS 2310/2310-640)
Sec. 2310-640. Hospital Capital Investment Program.
(a) Subject to appropriation, the Department shall establish and administer a program to award capital grants to Illinois hospitals licensed under the Hospital Licensing Act. Grants awarded under this program shall only be used to fund capital projects to improve or renovate the hospital's facility or to improve, replace or acquire the hospital's equipment or technology. Such projects may include, but are not limited to, projects to satisfy any building code, safety standard or life safety code; projects to maintain, improve, renovate, expand or construct buildings or structures; projects to maintain, establish or improve health information technology; or projects to maintain or improve patient safety, quality of care or access to care.
The Department shall establish rules necessary to implement the Hospital Capital Investment Program, including application standards, requirements for the distribution and obligation of grant funds, accounting for the use of the funds, reporting the status of funded projects, and standards for monitoring compliance with standards. In awarding grants under this Section, the Department shall consider criteria that include but are not limited to: the financial requirements of the project and the extent to which the grant makes it possible to implement the project; the proposed project's likely benefit in terms of patient safety or quality of care; and the proposed project's likely benefit in terms of maintaining or improving access to care.
The Department shall approve a hospital's eligibility for a hospital capital investment grant pursuant to the standards established by this Section. The Department shall determine eligible project costs, including but not limited to the use of funds for the acquisition, development, construction, reconstruction, rehabilitation, improvement, architectural planning, engineering, and installation of capital facilities consisting of buildings, structures, technology and durable equipment for hospital purposes. No portion of a hospital capital investment grant awarded by the Department may be used by a hospital to pay for any on-going operational costs, pay outstanding debt, or be allocated to an endowment or other invested fund.
Nothing in this Section shall exempt nor relieve any hospital receiving a grant under this Section from any requirement of the Illinois Health Facilities Planning Act.
(b) Safety Net Hospital Grants. The Department shall make capital grants to hospitals eligible for safety net hospital grants under this subsection. The total amount of grants to any individual hospital shall be no less than $2,500,000 and no more than $7,000,000. The total amount of grants to hospitals under this subsection shall not exceed $100,000,000. Hospitals that satisfy one of the following criteria shall be eligible to apply for safety net hospital grants:
(1) Any general acute care hospital located in a
| | county of over 3,000,000 inhabitants that has a Medicaid inpatient utilization rate for the rate year beginning on October 1, 2008 greater than 43%, that is not affiliated with a hospital system that owns or operates more than 3 hospitals, and that has more than 13,500 Medicaid inpatient days.
|
| (2) Any general acute care hospital that is located
| | in a county of more than 3,000,000 inhabitants and has a Medicaid inpatient utilization rate for the rate year beginning on October 1, 2008 greater than 55% and has authorized beds for the obstetric-gynecology category of service as reported in the 2008 Annual Hospital Bed Report, issued by the Illinois Department of Public Health.
|
| (3) Any hospital that is defined in 89 Illinois
| | Administrative Code Section 149.50(c)(3)(A) and that has less than 20,000 Medicaid inpatient days.
|
| (4) Any general acute care hospital that is located
| | in a county of less than 3,000,000 inhabitants and has a Medicaid inpatient utilization rate for the rate year beginning on October 1, 2008 greater than 64%.
|
| (5) Any general acute care hospital that is located
| | in a county of over 3,000,000 inhabitants and a city of less than 1,000,000 inhabitants, that has a Medicaid inpatient utilization rate for the rate year beginning on October 1, 2008 greater than 22%, that has more than 12,000 Medicaid inpatient days, and that has a case mix index greater than 0.71.
|
| (c) Community Hospital Grants. The Department shall make a one-time capital grant to any public or not-for-profit hospitals located in counties of less than 3,000,000 inhabitants that are not otherwise eligible for a grant under subsection (b) of this Section and that have a Medicaid inpatient utilization rate for the rate year beginning on October 1, 2008 of at least 10%. The total amount of grants under this subsection shall not exceed $50,000,000. This grant shall be the sum of the following payments:
(1) For each acute care hospital, a base payment of:
(i) $170,000 if it is located in an urban area;
| | (ii) $340,000 if it is located in a rural area.
(2) A payment equal to the product of $45 multiplied
| | by total Medicaid inpatient days for each hospital.
|
| (d) Annual report. The Department of Public Health shall prepare and submit to the Governor and the General Assembly an annual report by January 1 of each year regarding its administration of the Hospital Capital Investment Program, including an overview of the program and information about the specific purpose and amount of each grant and the status of funded projects. The report shall include information as to whether each project is subject to and authorized under the Illinois Health Facilities Planning Act, if applicable.
(e) Definitions. As used in this Section, the following terms shall be defined as follows:
"General acute care hospital" shall have the same meaning as general acute care hospital in Section 5A-12.2 of the Illinois Public Aid Code.
"Hospital" shall have the same meaning as defined in Section 3 of the Hospital Licensing Act, but in no event shall it include a hospital owned or operated by a State agency, a State university, or a county with a population of 3,000,000 or more.
"Medicaid inpatient day" shall have the same meaning as defined in Section 5A-12.2(n) of the Illinois Public Aid Code.
"Medicaid inpatient utilization rate" shall have the same meaning as provided in Title 89, Chapter I, subchapter d, Part 148, Section 148.120 of the Illinois Administrative Code.
"Rural" shall have the same meaning as provided in Title 89, Chapter I, subchapter d, Part 148, Section 148.25(g)(3) of the Illinois Administrative Code.
"Urban" shall have the same meaning as provided in Title 89, Chapter I, subchapter d, Part 148, Section 148.25(g)(4) of the Illinois Administrative Code.
(Source: P.A. 96-37, eff. 7-13-09; 96-1000, eff. 7-2-10.)
|
(20 ILCS 2310/2310-641)
Sec. 2310-641. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed internally, eff. 12-31-12.)
|
(20 ILCS 2310/2310-642)
Sec. 2310-642. Diabetes; transfer of functions from Department of Human Services.
(a) Diabetes Research Checkoff Fund; grants. The Diabetes Research Checkoff Fund is a special fund in the State treasury. On and after July 1, 2010, from appropriations to the Department from that Fund, the Department shall make grants to recognized public or private entities in Illinois for the purpose of funding research concerning the disease of diabetes. At least 50% of the grants made from the Fund by the Department shall be made to entities that conduct research for juvenile diabetes. For purposes of this subsection, the term "research" includes, without limitation, expenditures to develop and advance the understanding, techniques, and modalities effective in the detection, prevention, screening, management, and treatment of diabetes and may include clinical trials in Illinois.
Moneys received for the purposes of this subsection, including, without limitation, income tax checkoff receipts and gifts, grants, and awards from any public or private person or entity, shall be deposited into the Fund. Any interest earned on moneys in the Fund must be deposited into the Fund.
(b) Diabetes information. On and after July 1, 2010, the Department shall include within its public health promotion programs and materials information to be directed toward population groups in Illinois that are considered at high risk of developing diabetes, asthma, and pulmonary disorders, such as Hispanics, people of African descent, the elderly, obese individuals, persons with high blood sugar content, and persons with a family history of diabetes. The information shall inform members of such high risk groups about the causes and prevention of diabetes, asthma, and pulmonary disorders, the types of treatment for these diseases, and how treatment may be obtained. By February 15, 2011, and each February 15 thereafter, the Department shall file a report with the General Assembly concerning its activities and accomplishments under this subsection during the previous calendar year.
(c) Transfer of functions from Department of Human Services.
(1) Transfer. On the effective date of this
| | amendatory Act of the 96th General Assembly, all functions performed by the Department of Human Services in connection with Sections 10-9 and 10-10 of the Department of Human Services Act (now repealed, and replaced by subsections (a) and (b), respectively, of this Section), together with all of the powers, duties, rights, and responsibilities of the Department of Human Services relating to those functions, are transferred from the Department of Human Services to the Department of Public Health.
|
| The Department of Human Services and the Department
| | of Public Health shall cooperate to ensure that the transfer of functions is completed as soon as practical.
|
| (2) Effect of transfer. Neither the functions
| | transferred under this subsection, nor any powers, duties, rights, and responsibilities relating to those functions, are affected by this amendatory Act of the 96th General Assembly, except that all such functions, powers, duties, rights, and responsibilities shall be performed or exercised by the Department of Public Health on and after the effective date of this amendatory Act of the 96th General Assembly.
|
| (3) The staff of the Department of Human Services
| | engaged in the performance of the functions transferred under this subsection may be transferred to the Department of Public Health. The status and rights of those employees under the Personnel Code shall not be affected by the transfers. The rights of the employees, the State of Illinois, and its agencies under the Personnel Code and applicable collective bargaining agreements, or under any pension, retirement, or annuity plan, shall not be affected by this amendatory Act of the 96th General Assembly.
|
| (4) Books and records transferred. All books,
| | records, papers, documents, contracts, and pending business pertaining to the functions transferred under this subsection, including but not limited to material in electronic or magnetic format, shall be transferred to the Department of Public Health. The transfer of that information shall not, however, violate any applicable confidentiality constraints.
|
| (5) Unexpended moneys transferred. All unexpended
| | appropriation balances and other funds otherwise available to the Department of Human Services for use in connection with the functions transferred under this subsection shall be transferred and made available to the Department of Public Health for use in connection with the functions transferred under this subsection. Unexpended balances so transferred shall be expended only for the purpose for which the appropriations were originally made.
|
| (6) Exercise of transferred powers; savings
| | provisions. The powers, duties, rights, and responsibilities relating to the functions transferred under this subsection are vested in and shall be exercised by the Department of Public Health. Each act done in exercise of those powers, duties, rights, and responsibilities shall have the same legal effect as if done by the Department of Human Services or its divisions, officers, or employees.
|
| (7) Persons subject to penalties. Every officer,
| | employee, or agent of the Department of Public Health shall, for any offense, be subject to the same penalty or penalties, civil or criminal, as are prescribed by existing laws for the same offense by any officer, employee, or agent whose powers or duties were transferred under this subsection.
|
| (8) Reports or notices. Whenever reports or notices
| | are now required to be made or given or papers or documents furnished or served by any person to or upon the Department of Human Services in connection with any of the functions transferred under this subsection, the same shall be made, given, furnished, or served in the same manner to or upon the Department of Public Health.
|
| (9) This subsection shall not affect any act done,
| | ratified, or canceled, or any right occurring or established, or any action or proceeding had or commenced in an administrative, civil, or criminal case, regarding the functions of the Department of Human Services before this amendatory Act of the 96th General Assembly takes effect; such actions may be prosecuted, defended, or continued by the Department of Public Health.
|
| (10) Rules. Any rules of the Department of Human
| | Services that relate to the functions transferred under this subsection that are in full force on the effective date of this amendatory Act of the 96th General Assembly, and that have been duly adopted by the Department of Human Services, shall become the rules of the Department of Public Health. This subsection shall not affect the legality of any such rules in the Illinois Administrative Code. Any proposed rules filed with the Secretary of State by the Department of Human Services that are pending in the rulemaking process on the effective date of this amendatory Act of the 96th General Assembly, and that pertain to the functions transferred, shall be deemed to have been filed by the Department of Public Health. As soon as practicable after the effective date of this amendatory Act of the 96th General Assembly, the Department of Public Health shall revise and clarify the rules transferred to it under this subsection to reflect the reorganization of powers, duties, rights, and responsibilities affected by this subsection, using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained.
|
| The Department of Public Health, consistent with the
| | Department of Human Services' authority to do so, may propose and adopt, under the Illinois Administrative Procedure Act, such other rules of the Department of Human Services that will now be administered by the Department of Public Health.
|
| To the extent that, prior to the effective date of
| | the transfer of functions under this subsection, the Secretary of Human Services had been empowered to prescribe regulations or had other authority with respect to the transferred functions, such duties shall be exercised from and after the effective date of the transfer by the Director of Public Health.
|
| (11) Successor Agency Act. For the purposes of the
| | Successor Agency Act, the Department of Public Health is declared to be the successor agency of the Department of Human Services, but only with respect to the functions that are transferred to the Department of Public Health under this subsection.
|
| (12) Statutory references. Whenever a provision of
| | law refers to the Department of Human Services in connection with its performance of a function that is transferred to the Department of Public Health under this subsection, that provision shall be deemed to refer to the Department of Public Health on and after the effective date of this amendatory Act of the 96th General Assembly.
|
|
(Source: P.A. 96-1406, eff. 7-29-10.)
|
(20 ILCS 2310/2310-643)
Sec. 2310-643. Illinois State Diabetes Commission.
(a) Commission established. The Illinois State Diabetes Commission is established within the Department of Public Health. The Commission shall consist of members that are residents of this State and shall include an Executive Committee appointed by the Director. The members of the Commission shall be appointed by the Director as follows:
(1) The Director or the Director's designee, who
| | shall serve as chairperson of the Commission.
|
| (2) Physicians who are board certified in
| | endocrinology, with at least one physician with expertise and experience in the treatment of childhood diabetes and at least one physician with expertise and experience in the treatment of adult onset diabetes.
|
| (3) Health care professionals with expertise and
| | experience in the prevention, treatment, and control of diabetes.
|
| (4) Representatives of organizations or groups that
| | advocate on behalf of persons suffering from diabetes.
|
| (5) Representatives of voluntary health organizations
| | or advocacy groups with an interest in the prevention, treatment, and control of diabetes.
|
| (6) Members of the public who have been diagnosed
| | The Director may appoint additional members deemed necessary and appropriate by the Director.
Members of the Commission shall be appointed by June 1, 2010. A member shall continue to serve
until his or her successor is duly appointed and qualified.
(b) Meetings. Meetings shall be held 3 times per year or at the call of the Commission chairperson.
(c) Reimbursement. Members shall serve without compensation but shall, subject to appropriation,
be reimbursed for reasonable and necessary expenses actually incurred in the performance
of the member's official duties.
(d) Department support. The Department shall
provide administrative support and current staff as necessary for the effective operation
of the Commission.
(e) Duties. The Commission shall perform all of the following duties:
(1) Hold public hearings to gather information from
| | the general public on issues pertaining to the prevention, treatment, and control of diabetes.
|
| (2) Develop a strategy for the prevention, treatment,
| | and control of diabetes in this State.
|
| (3) Examine the needs of adults, children, racial and
| | ethnic minorities, and medically underserved populations who have diabetes.
|
| (4) Prepare and make available an annual report on
| | the activities of the Commission to the Director, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, the Minority Leader of the Senate, and the Governor by June 30 of each year, beginning on June 30, 2011.
|
| (f) Funding. The Department may accept on behalf of the
Commission any federal funds or gifts and donations from individuals, private organizations,
and foundations and any other funds that may become available.
(g) Rules. The Director may adopt rules to implement and administer this Section.
(h) Report. By January 10, 2015 and January 10 of each odd-numbered year thereafter, the Commission shall submit a report to the General Assembly containing the following:
(1) the financial impact and reach that diabetes of
| | all types is having on the State and the Department; this assessment shall include the number of people with diabetes impacted in this State or covered by the State Medicaid program, the number of people with diabetes and family members impacted by prevention and diabetes control programs implemented by the Department, the financial toll or impact diabetes and its complications places on the Department's diabetes program, and the financial toll or impact diabetes and its complications places on the diabetes program in comparison to other chronic diseases and conditions;
|
| (2) an assessment of the benefits of implemented
| | programs and activities aimed at controlling diabetes and preventing the disease; this assessment shall also document the amount and source for any funding directed to the Department from the General Assembly for programs and activities aimed at reaching those with diabetes;
|
| (3) a description of the level of coordination that
| | exists between the Department and other entities on activities, programs, and messaging on managing, treating, or preventing all forms of diabetes and its complications;
|
| (4) the development or revision of a detailed action
| | plan for battling diabetes with a range of actionable items for consideration by the General Assembly; the plan shall identify proposed action steps to reduce the impact of diabetes, pre-diabetes, and related diabetes complications; the plan shall also identify expected outcomes of the action steps proposed for the 2 years following the submission of the report while also establishing benchmarks for controlling and preventing relevant forms of diabetes; and
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| (5) the development of a detailed budget blueprint
| | identifying needs, costs, and resources required to implement the plan identified in item (4) of this subsection (h); this blueprint shall include a budget range for all options presented in the plan identified in item (4) of this subsection (h) for consideration by the General Assembly.
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| The Department of Healthcare and Family Services shall provide cooperation to the Department of Public Health to facilitate the implementation of this subsection (h).
(Source: P.A. 98-97, eff. 1-1-14.)
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(20 ILCS 2310/2310-645)
Sec. 2310-645. Colorectal Cancer Screening and Treatment Pilot Program.
(a) The General Assembly finds that colorectal cancer is the third most commonly diagnosed cancer among Illinoisans, and nearly 3,000 deaths from colorectal cancer are expected to occur in Illinois in a given year. Screening is necessary in order to detect colorectal cancer in its early stages. Screening reduces mortality both by decreasing the incidence and by detecting a higher proportion of cancers at early, more treatable stages.
(b) The Department of Public Health may establish and implement the Colorectal Cancer Screening and Treatment Pilot Program in areas of the State that have the highest incidences of mortality related to colon cancer. Subject to appropriation, the Department of Public Health may make grants to eligible entities for the purpose of carrying out the Program. An eligible entity that is a recipient of a grant may use the grant to carry out such programs directly or through grants to, or contracts with, public, private, and not-for-profit entities. The Department of Public Health may give preference to entities that serve underserved populations. The Program may run no less than 3 years from the effective date of this amendatory Act of the 96th General Assembly, and an evaluation of the Program must be carried out measuring health outcomes and the cost of care for those served by the Program compared to similarly situated patients who are not served by the Program. A report must be submitted by the Department of Public Health to the Governor and the General Assembly every year of program implementation. The report shall include, but not be limited to, (1) an assessment of implementation, (2) an analysis of program costs and savings to the State, and (3) a description of program outcomes.
The Program may provide funding for colorectal cancer examinations and laboratory tests specified in current American Cancer Society (ACS) guidelines for colorectal cancer screening of asymptomatic individuals. Screening and treatment may be provided for colorectal screening examinations and tests that are administered at a frequency identified in the current ACS guidelines for colorectal cancer.
(c) The Colorectal Cancer Screening and Treatment Pilot Program may provide colorectal cancer screening and treatment services for individuals who:
(1) are at least 50 years of age or are less than 50
| | years of age and at high risk of colorectal cancer; and
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| (2) do not have creditable coverage, as defined under
| | the Illinois Health Insurance Portability and Accountability Act, or have otherwise exhausted any insurance benefits they may have had.
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| (d) Persons who have been screened for colorectal cancer under the Colorectal Cancer Pilot Program may receive medical assistance identical to benefits provided under the State's approved plan under Title XIX of the Social Security Act. Medical assistance may be available immediately for the duration of the treatment for such cancer.
(e) In addition to providing clinical services, the Colorectal Cancer Screening and Treatment Pilot Program may develop and disseminate public information about the importance of screening, engage in outreach efforts to serve as many eligible individuals as possible, and monitor and evaluate all of the sites where the Program is located.
(Source: P.A. 96-325, eff. 1-1-10.)
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(20 ILCS 2310/2310-650)
Sec. 2310-650. Influenza vaccination program. The Department of Public Health may require any facility licensed by the Department to implement an influenza vaccination program that ensures that the employees of the facility are offered the opportunity to be vaccinated against seasonal influenza and any other novel or pandemic influenza viruses as vaccines become available. The Department may adopt rules setting forth the requirements of the influenza vaccination program.
(Source: P.A. 96-823, eff. 11-25-09.)
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(20 ILCS 2310/2310-655)
Sec. 2310-655. Technical assistance on playgrounds. The Department of Public Health shall provide technical assistance materials based on guidelines or standards such as the U.S. Consumer Product Safety Commission's guidelines, the U.S. Access Board final guidelines, or the standards of the American Society for Testing and Materials by June 30, 2011. The materials may be available on the Department's website.
Nothing in this Section shall be construed as imposing any mandate concerning equipment in restaurants or dwellings.
(Source: P.A. 96-1433, eff. 1-1-11.)
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(20 ILCS 2310/2310-660)
Sec. 2310-660. Pharmaceutical manufacturers; transparency reports. Upon receipt by the State from the Secretary of the United States Department of Health and Human Services, the Department of Public Health shall post on its website the report required under Section 6002 of the federal Patient Protection and Affordable Care Act, H.R. 3590, Pub. L. 111-148, containing a summary of information submitted by manufacturers and group purchasing organizations to the Secretary pursuant to the federal law. The Department of Public Health shall post the report by September 30, 2013 and by June 30 of each calendar year thereafter, or as soon as possible after the State receives the report from the Secretary, whichever occurs first.
(Source: P.A. 97-98, eff. 7-14-11.)
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(20 ILCS 2310/2310-665)
Sec. 2310-665. Educational materials on streptococcal infection. The Department, in conjunction with the Illinois State Board of Education, shall develop educational material on streptococcal infection for distribution in elementary and secondary schools. The material shall include, but not be limited to:
(1) a process to notify parents or guardians of an
| | (2) a process to provide information on all of the
| | symptoms of streptococcal infection to teachers, parents, and students; and
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| (3) guidelines for schools to control the spread of
| | streptococcal infections.
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(Source: P.A. 98-236, eff. 8-9-13; 98-756, eff. 7-16-14.)
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(20 ILCS 2310/2310-670)
Sec. 2310-670. Breast cancer patient education.
(a) The General Assembly makes the following findings:
(1) Annually, about 207,090 new cases of breast
| | cancer are diagnosed, according to the American Cancer Society.
|
| (2) Breast cancer has a disproportionate and
| | detrimental impact on African-American women and is the most common cancer among Hispanic and Latina women.
|
| (3) African-American women under the age of 40 have a
| | greater incidence of breast cancer than Caucasian women of the same age.
|
| (4) Individuals undergoing surgery for breast cancer
| | should give due consideration to the option of breast reconstructive surgery, either at the same time as the breast cancer surgery or at a later date.
|
| (5) According to the American Cancer Society,
| | immediate breast reconstruction offers the advantage of combining the breast cancer surgery with the reconstructive surgery and is cost effective.
|
| (6) According to the American Cancer Society, delayed
| | breast reconstruction may be advantageous in women who require post-surgical radiation or other treatments.
|
| (7) A woman suffering from the loss of her breast may
| | not be a candidate for surgical breast reconstruction or may choose not to undergo additional surgery and instead choose breast prostheses.
|
| (8) The federal Women's Health and Cancer Rights Act
| | of 1998 requires health plans that offer breast cancer coverage to also provide for breast reconstruction.
|
| (9) Required coverage for breast reconstruction
| | includes all the necessary stages of reconstruction. Surgery of the opposite breast for symmetry may be required. Breast prostheses may be necessary. Other sequelae of breast cancer treatment, such as lymphedema, must be covered.
|
| (10) Several states have enacted laws to require that
| | women receive information on their breast cancer treatment and reconstruction options.
|
| (b) In this Section:
"Hispanic" has the same meaning as in Section 1707 of
| | the federal Public Health Services Act.
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| "Racial and ethnic minority group" has the same
| | meaning as in Section 1707 of the federal Public Health Services Act.
|
| (c) The Director shall provide for the planning and implementation of an education campaign to inform breast cancer patients, especially those in racial and ethnic minority groups, anticipating surgery regarding the availability and coverage of breast reconstruction, prostheses, and other options. The
campaign shall include the dissemination, at a minimum, on relevant State health Internet websites, including the Department of Public Health's Internet website, of the following information:
(1) Breast reconstruction is possible at the time of
| | breast cancer surgery or in a delayed fashion.
|
| (2) Prostheses or breast forms may be available.
(3) Federal law mandates both public and private
| | health plans to include coverage of breast reconstruction and prostheses.
|
| (4) The patient has a right to choose the provider of
| | reconstructive care, including the potential transfer of care to a surgeon that provides breast reconstructive care.
|
| (5) The patient may opt to undergo breast
| | reconstruction in a delayed fashion for personal reasons or after completion of all other breast cancer treatments.
|
| The campaign may include dissemination of such other information, whether developed by the Director or by other entities, as the Director determines relevant.
The campaign shall not specify, or be designed to serve as a tool to limit, the health care providers available to patients.
(d) In developing the information to be disseminated under this Section, the Director shall consult with appropriate medical societies and patient advocates related to breast cancer, patient advocates representing racial and ethnic minority groups, with a special emphasis on African-American and Hispanic populations' breast reconstructive surgery, and breast prostheses and breast forms.
(e) Beginning no later than January 1, 2016 (2 years after the effective date of Public Act 98-479) and continuing each second year thereafter, the Director shall submit to the General Assembly a report describing the activities carried out under this Section during the preceding 2 fiscal years, including evaluating the extent to which the activities have been effective in improving the health of racial and ethnic minority groups.
(Source: P.A. 98-479, eff. 1-1-14; 98-756, eff. 7-16-14.)
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(20 ILCS 2310/2310-675)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2310-675. Hepatitis C Task Force.
(a) The General Assembly finds and declares the following:
(1) Viral hepatitis is a contagious and
| | life-threatening disease that has a substantial and increasing effect upon the lifespans and quality of life of at least 5,000,000 persons living in the United States and as many as 180,000,000 worldwide. According to the U.S. Department of Health and Human Services (HHS), the chronic form of the hepatitis C virus (HCV) and hepatitis B virus (HBV) account for the vast majority of hepatitis-related mortalities in the U.S., yet as many as 65% to 75% of infected Americans remain unaware that they are infected with the virus, prompting the U.S. Centers for Disease Control and Prevention (CDC) to label these viruses as the silent epidemic. HCV and HBV are major public health problems that cause chronic liver diseases, such as cirrhosis, liver failure, and liver cancer. The 5-year survival rate for primary liver cancer is less than 5%. These viruses are also the leading cause of liver transplantation in the United States. While there is a vaccine for HBV, no vaccine exists for HCV. However, there are anti-viral treatments for HCV that can improve the prognosis or actually clear the virus from the patient's system. Unfortunately, the vast majority of infected patients remain unaware that they have the virus since there are generally no symptoms. Therefore, there is a dire need to aid the public in identifying certain risk factors that would warrant testing for these viruses. Millions of infected patients remain undiagnosed and continue to be at elevated risks for developing more serious complications. More needs to be done to educate the public about this disease and the risk factors that warrant testing. In some cases, infected patients play an unknowing role in further spreading this infectious disease.
|
| (2) The existence of HCV was definitively
| | published and discovered by medical researchers in 1989. Prior to this date, HCV is believed to have spread unchecked. The American Association for the Study of Liver Diseases (AASLD) recommends that primary care physicians screen all patients for a history of any viral hepatitis risk factor and test those individuals with at least one identifiable risk factor for the virus. Some of the most common risk factors have been identified by AASLD, HHS, and the U.S. Department of Veterans Affairs, as well as other public health and medical research organizations, and include the following:
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| (A) anyone who has received a blood transfusion
| | (B) anyone who is a Vietnam-era veteran;
(C) anyone who has abnormal liver function tests;
(D) anyone infected with the HIV virus;
(E) anyone who has used a needle to inject drugs;
(F) any health care, emergency medical, or public
| | safety worker who has been stuck by a needle or exposed to any mucosal fluids of an HCV-infected person; and
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| (G) any children born to HCV-infected mothers.
A 1994 study determined that Caucasian Americans
| | statistically accounted for the most number of infected persons in the United States, while the highest incidence rates were among African and Hispanic Americans.
|
| (3) In January of 2010, the Institute of Medicine
| | (IOM), commissioned by the CDC, issued a comprehensive report entitled Hepatitis and Liver Cancer: A National Strategy for Prevention and Control of Hepatitis B and C . The key findings and recommendations from the IOM's report are (A) there is a lack of knowledge and awareness about chronic viral hepatitis on the part of health care and social service providers, (B) there is a lack of knowledge and awareness about chronic viral hepatitis among at-risk populations, members of the public, and policy makers, and (C) there is insufficient understanding about the extent and seriousness of the public health problem, so inadequate public resources are being allocated to prevention, control, and surveillance programs.
|
| (4) In this same 2010 IOM report, researchers
| | compared the prevalence and incidences of HCV, HBV, and HIV and found that, although there are only 1,100,000 HIV/AIDS infected persons in the United States and over 4,000,000 Americans infected with viral hepatitis, the percentage of those with HIV that are unaware they have HIV is only 21% as opposed to approximately 70% of those with viral hepatitis being unaware that they have viral hepatitis. It appears that public awareness of risk factors associated with each of these diseases could be a major factor in the alarming disparity between the percentage of the population that is infected with one of these blood viruses, but unaware that they are infected.
|
| (5) In light of the widely varied nature of the
| | risk factors mentioned in this subsection (a), the previous findings by the Institute of Medicine, and the clear evidence of the disproportional public awareness between HIV and viral hepatitis, it is clearly in the public interest for this State to establish a task force to gather testimony and develop an action plan to (A) increase public awareness of the risk factors for these viruses, (B) improve access to screening for these viruses, and (C) provide those infected with information about the prognosis, treatment options, and elevated risk of developing cirrhosis and liver cancer. There is clear and increasing evidence that many adults in Illinois and in the United States have at least one of the risk factors mentioned in this subsection (a).
|
| (6) The General Assembly also finds that it is in
| | the public interest to bring communities of Illinois-based veterans of American military service into familiarity with the issues created by this disease, because many veterans, especially Vietnam-era veterans, have at least one of the previously enumerated risk factors and are especially prone to being affected by this disease; and because veterans of American military service should enjoy in all cases, and do enjoy in most cases, adequate access to health care services that include medical management and care for preexisting and long-term medical conditions, such as infection with the hepatitis virus.
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| (b) There is established the Hepatitis C Task Force
within the Department of Public Health. The purpose of the Task Force shall be to:
(1) develop strategies to identify and address the
| | unmet needs of persons with hepatitis C in order to enhance the quality of life of persons with hepatitis C by maximizing productivity and independence and addressing emotional, social, financial, and vocational challenges of persons with hepatitis C;
|
| (2) develop strategies to provide persons with
| | hepatitis C greater access to various treatments and other therapeutic options that may be available; and
|
| (3) develop strategies to improve hepatitis C
| | (c) The Task Force shall consist of 17 members as follows:
(1) the Director of Public Health, the Director of
| | Veterans' Affairs, and the Director of Human Services, or their designees, who shall serve ex officio;
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| (2) ten public members who shall be appointed by
| | the Director of Public Health from the medical, patient, and service provider communities, including, but not limited to, HCV Support, Inc.; and
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| (3) four members of the General Assembly, appointed
| | one each by the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives.
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| Vacancies in the membership of the Task Force shall be filled in the same
manner provided for in the original appointments.
(d) The Task Force shall organize within 120 days following the
appointment of a majority of its members and shall select a chairperson and
vice-chairperson from among the members. The chairperson shall appoint a
secretary, who need not be a member of the Task Force.
(e) The public members shall serve without compensation and shall not be reimbursed for necessary expenses incurred in the
performance of their duties, unless funds
become available to the Task Force.
(f) The Task Force shall be entitled to call to its assistance and avail
itself of the services of the employees of any State, county, or municipal
department, board, bureau, commission, or agency as it may require and as may be
available to it for its purposes.
(g) The Task Force may meet and hold hearings as it deems appropriate.
(h) The Department of Public Health shall provide staff
support to the Task Force.
(i) The Task Force shall report its findings and recommendations to the
Governor and to the General Assembly, along with any legislative bills that it desires to recommend
for adoption by the General Assembly, no later than December 31, 2015.
(j) The Task Force is abolished and this Section is repealed on January 1, 2016.
(Source: P.A. 98-493, eff. 8-16-13; 98-756, eff. 7-16-14.)
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(20 ILCS 2310/2310-680)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2310-680. Multiple Sclerosis Task Force.
(a) The General Assembly finds and declares the following:
(1) Multiple sclerosis (MS) is a chronic, often
| | disabling, disease that attacks the central nervous system, which is comprised of the brain, spinal cord, and optic nerves. MS is the number one disabling disease among young adults, striking in the prime of life. It is a disease in which the body, through its immune system, launches a defensive and damaging attack against its own tissues. MS damages the nerve-insulating myelin sheath that surrounds and protects the brain. The damage to the myelin sheath slows down or blocks messages between the brain and the body.
|
| (2) Most people experience their first symptoms of
| | MS between the ages of 20 and 40, but MS can appear in young children and teens as well as much older adults. MS symptoms can include visual disturbances, muscle weakness, trouble with coordination and balance, sensations such as numbness, prickling or pins and needles, and thought and memory problems. MS patients can also experience partial or complete paralysis, speech impediments, tremors, dizziness, stiffness and spasms, fatigue, paresthesias, pain, and loss of sensation.
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| (3) The cause of MS remains unknown; however,
| | having a first-degree relative, such as a parent or sibling, with MS significantly increases a person's risk of developing the disease. According to the National Institute of Neurological Disorders and Stroke, it is estimated that there are approximately 250,000 to 350,000 persons in the United States who are diagnosed with MS. This estimate suggests that approximately 200 new cases are diagnosed each week. Other sources report a population of at least 400,000 in the United States. The estimate of persons with MS in Illinois is 20,000, with at least 2 areas of MS clusters identified in Illinois.
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| (4) Presently, there is no cure for MS. The
| | complex and variable nature of the disease makes it very difficult to diagnose, treat, and research. The cost to the family, often with young children, can be overwhelming. Among common diagnoses, non-stroke neurologic illnesses, such as multiple sclerosis, were associated with the highest out-of-pocket expenditures (a mean of $34,167), followed by diabetes ($26,971), injuries ($25,096), stroke ($23,380), mental illnesses ($23,178), and heart disease ($21,955). Median out-of-pocket costs for health care among people with MS, excluding insurance premiums, were almost twice as much as the general population. The costs associated with MS increase with greater disability. Costs for severely disabled individuals are more than twice those for persons with a relatively mild form of the disease. A recent study of medical bankruptcy found that 62.1% of all personal bankruptcies in the United States were related to medical costs.
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| (5) Therefore, it is in the public interest for
| | the State to establish a Multiple Sclerosis Task Force in order to identify and address the unmet needs of persons with MS and develop ways to enhance their quality of life.
|
| (b) There is established the Multiple Sclerosis Task Force
in the Department of Public Health. The purpose of the Task Force shall be to:
(1) develop strategies to identify and address the
| | unmet needs of persons with MS in order to enhance the quality of life of persons with MS by maximizing productivity and independence and addressing emotional, social, financial, and vocational challenges of persons with MS;
|
| (2) develop strategies to provide persons with MS
| | greater access to various treatments and other therapeutic options that may be available; and
|
| (3) develop strategies to improve multiple sclerosis
| | (c) The Task Force shall consist of 16 members as follows:
(1) the Director of Public Health and the Director
| | of Human Services, or their designees, who shall serve ex officio; and
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| (2) fourteen public members, who shall be appointed
| | by the Director of Public Health as follows: 2 neurologists licensed to practice medicine in this State; 3 registered nurses or other health professionals with MS certification and extensive expertise with progressed MS; one person upon the recommendation of the National Multiple Sclerosis Society; 3 persons who represent agencies that provide services or support to individuals with MS in this State; 3 persons who have MS, at least one of whom having progressed MS; and 2 members of the public with a demonstrated expertise in issues relating to the work of the Task Force.
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| Vacancies in the membership of the Task Force shall be filled in the same
manner provided for in the original appointments.
(d) The Task Force shall organize within 120 days following the
appointment of a majority of its members and shall select a chairperson and
vice-chairperson from among the members. The chairperson shall appoint a
secretary who need not be a member of the Task Force.
(e) The public members shall serve without compensation and shall not be reimbursed for necessary expenses incurred in the
performance of their duties unless funds
become available to the Task Force.
(f) The Task Force may meet and hold hearings as it deems appropriate.
(g) The Department of Public Health shall provide staff
support to the Task Force.
(h) The Task Force shall report its findings and recommendations to the
Governor and to the General Assembly, along with any legislative bills that it desires to recommend
for adoption by the General Assembly, no later than December 31, 2015.
(i) The Task Force is abolished and this Section is repealed on January 1, 2016.
(Source: P.A. 98-530, eff. 8-23-13; 98-756, eff. 7-16-14.)
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