TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS
PART 691
AFRICAN-AMERICAN HIV/AIDS RESPONSE CODE
SECTION 691.100 DEFINITIONS
Section 691.100 Definitions
For the purpose of this Part, the following shall be the
accepted definitions of the terms used in this Part:
"Act"
means the African-American HIV/AIDS Response Act [410 ILCS 303].
"AIDS" means acquired
immunodeficiency syndrome. (Section 3(b) of the AIDS Confidentiality Act)
"African-American community-based
organization" means an organization that is in good standing with the
State of Illinois and:
Has a Board of Directors, at least
51% of the members of which are African-American;
Provides services to individuals
or families who are or have been impacted by HIV;
Is physically
located in the community to be served; and
Has provided HIV/AIDS services for
at least one year in communities that are primarily populated by individuals who
identify as African-American or where African-Americans are disproportionately
impacted by HIV or AIDS.
"Department"
means the Illinois Department of Public Health.
"Director"
means Director of the Illinois Department of Public Health.
"Fund" means the
African-American HIV/AIDS Response Fund as established by the Act.
"Funding period" means
the time (usually 12 months coinciding with the Department's fiscal year)
during which money is to be spent by award recipients.
"High-risk community"
means municipalities within the State of Illinois determined by the IDPH HIV
Surveillance Unit to have an HIV Prevalence rate of 1% or higher among
African-Americans.
"High-traffic facility"
means a high-traffic facility as defined by the State agency operating the
facility. (Section 15 of the Act)
"HIV" means the Human
Immunodeficiency Virus or any other identified causative agent of AIDS. (Section
3(c) of the AIDS Confidentiality Act)
"HIV counseling and testing
center" or "HIV testing site" means an agency or site that
offers HIV counseling and testing services as prescribed by this Part.
"Potentially infectious
medical waste" or "PIMW" means waste generated in connection
with:
Diagnosis, treatment (i.e.,
provision of medical services), or immunization of human beings or animals;
Research
pertaining to the provision of medical services; or
Production or
testing of biological waste.
"Rapid HIV Antibody
Test" means a federal Food and Drug Administration-approved screening test
to detect antibodies to HIV, which can be collected and processed within a
short interval of time (under 60 minutes).
"State agency" means
any department of State Government created under Section 5-15 of the
Departments of Government Law of the Civil Administrative Code of
Illinois or the Office of the Secretary of State. (Section 15 of
the Act)
"Test" or "HIV
Test" means a test to determine the presence of the antibody or antigen to
HIV, or the presence of HIV infection. (Section 3(g) of the AIDS
Confidentiality Act)
(Source: Amended at 46 Ill. Reg. 15735,
effective September 1, 2022)
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS
PART 691
AFRICAN-AMERICAN HIV/AIDS RESPONSE CODE
SECTION 691.200 INCORPORATED AND REFERENCED MATERIALS
Section 691.200 Incorporated and Referenced Materials
The following materials are incorporated or referenced in
this Part:
a) Illinois
Statutes
1) African-American
HIV/AIDS Response Act [410 ILCS 303]
2) AIDS
Confidentiality Act [410 ILCS 305]
3) HIV/AIDS
Registry Act [410 ILCS 310]
4) Communicable
Disease Prevention Act [410 ILCS 315]
5) The
Civil Administrative Code of Illinois [20 ILCS 2310]
6) Environmental
Protection Act [415 ILCS 5]
7) Illinois
Grant Funds Recovery Act [30 ILCS 705]
8) Grant
Accountability and Transparency Act [30 ILCS 708]
b) State of Illinois Administrative Rules
1) HIV/AIDS
Confidentiality and Testing Code (77 Ill. Adm. Code 697)
2) Control
of Sexually Transmitted Diseases Code (77 Ill. Adm. Code 693)
3) Rules
of Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100)
4) Grant
Accountability and Transparency Act (44 Ill. Adm. Code 7000)
c) Federal Guidelines
1) Centers
for Disease Control and Prevention (CDC)
1600 Clifton Rd.
Atlanta, Georgia
30333
www.cdc.gov/mmwr/
A) CDC
Guidelines for National Human Immunodeficiency Virus Case Surveillance,
Including Monitoring for Human Immunodeficiency Virus Infection and Acquired
Immunodeficiency Syndrome, Morbidity and Mortality Weekly Report (MMWR), December 10, 1999; Vol. 48, No. RR-13.
B) Revised
Recommendations for HIV Testing of Adults, Adolescents, and Pregnant Women in
Health Care Settings, Morbidity and Mortality Weekly Report (MMWR), Vol. 55,
No. RR-14, September 22, 2006.
C) Advancing
HIV Prevention: New Strategies for a Changing Epidemic – United States 2003,
Morbidity and Mortality Weekly Report (MMWR), Vol. 52, No. 15, April
18, 2003.
2) Office
of Management and Budget
725 17th Street, NW
Washington, D.C. 20503
www.whitehouse.gov/omb/circulars/index.html
OMB Circular A-87, Cost Principles
for State, Local and Indian Tribal Governments, May
10, 2004.
d) All
incorporations by reference of federal guidelines refer to the guidelines on
the date specified and do not include any amendments or editions subsequent to
the date specified.
(Source:
Amended at 46 Ill. Reg. 15735, effective September 1, 2022)
SUBPART B: AFRICAN-AMERICAN HIV/AIDS RESPONSE ACT GRANTS
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS
PART 691
AFRICAN-AMERICAN HIV/AIDS RESPONSE CODE
SECTION 691.300 ELIGIBILITY FOR GRANT AWARD
Section 691.300 Eligibility for Grant Award
In order to be eligible to receive a grant from the Fund,
the applicant must meet the definition of an African-American Community Based
Organization, as defined in Section 691.100.
(Source: Amended at 46 Ill. Reg. 15735,
effective September 1, 2022)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS
PART 691
AFRICAN-AMERICAN HIV/AIDS RESPONSE CODE
SECTION 691.400 GRANT REQUIREMENTS
Section 691.400 Grant Requirements
a) Grant
recipients must comply with all applicable provisions of the African-American
HIV/AIDS Response Act, AIDS Confidentiality Act, HIV/AIDS Registry Act,
Communicable Disease Prevention Act, Environmental Protection Act, HIV/AIDS
Confidentiality and Testing Code, and Control of Sexually Transmitted Diseases
Code and with the guidelines of the Centers for Disease Control and Prevention
for HIV prevention, testing and surveillance (see Section 691.200).
b) Grants
shall be awarded for programs to prevent the transmission of HIV and other
programs and activities consistent with the purposes of the Act, including, but
not limited to, preventing and treating HIV/AIDS and the creation of an
HIV/AIDS service delivery system. (Section 27 of the Act)
c) The
grant funds shall provide resources for communities in Illinois to create an
HIV/AIDS service delivery system that reduces the disparity of HIV infection
and AIDS cases between African-Americans and other population groups in Illinois that may be impacted by the disease. (Section 27 of the Act)
d) Grant recipients' objectives
shall align with the following objectives:
1) Developing,
implementing and maintaining a comprehensive, culturally sensitive HIV
Prevention Plan targeting communities that are identified as high-risk in terms
of the impact of the disease on African-Americans.
2) Developing,
implementing and maintaining a stable HIV/AIDS service delivery infrastructure
in Illinois communities that will meet the needs of African-Americans statewide.
3) Developing,
implementing, and maintaining a statewide HIV/AIDS testing program.
4) Providing
funding for HIV/AIDS social and scientific research to improve prevention and
treatment.
5) Providing
comprehensive technical and other assistance to African-American community
service organizations that are involved in HIV/AIDS prevention and treatment.
6) Developing,
implementing and maintaining an infrastructure for African-American community
service organization to make them less dependent on government resources.
7) Effective
through December 31, 2022, creating and maintaining at least 17
one-stop shopping HIV/AIDS facilities across the State. Effective January
1, 2023, creating, maintaining, or creating and maintaining at least one
Black-led Center of Excellence HIV Biomedical Resource Hub for every $3,000,000
of available funding. (Section 27 of the Act)
(Source:
Amended at 46 Ill. Reg. 15735, effective September 1, 2022)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS
PART 691
AFRICAN-AMERICAN HIV/AIDS RESPONSE CODE
SECTION 691.500 APPLICATION PROCEDURES
Section 691.500 Application Procedures
a) Any
organization, public or private, desiring to receive grant funds must submit a
grant application to the Department. Applications for grant funds shall
be made on prescribed forms developed by the Department. (Section 4(a) of
the Illinois Grant Funds Recovery Act).
b) The
Department will provide written application instructions to potential
applicants in an electronic format that will be stated in the Notice of Funding
Opportunity.
c) Completed
applications shall be returned to the Department electronically as directed.
d) All
applications shall be submitted in the format prescribed by the Department.
e) All
applicants shall comply with the requirements set forth in the application.
(Source:
Amended at 46 Ill. Reg. 15735, effective September 1, 2022)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS
PART 691
AFRICAN-AMERICAN HIV/AIDS RESPONSE CODE
SECTION 691.600 REVIEW OF APPLICATIONS
Section 691.600 Review of Applications
a) Applications
will be reviewed by the Department for compliance with the requirements of this
Part. During the course of its review, the Department may contact the
applicant for additional information if the information provided is incomplete,
inconsistent or unclear.
b) Applicants
whom the Department determines to be not eligible for grant funds will be
notified in writing of this decision.
c) Distribution
of grants is dependent on available funding. Available grant funds will be
distributed based on the applicant's application and compliance with Sections
691.400 and 691.500.
(Source:
Amended at 45 Ill. Reg. 13045, effective September 28, 2021)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS
PART 691
AFRICAN-AMERICAN HIV/AIDS RESPONSE CODE
SECTION 691.700 ALLOWABLE USES OF GRANT FUNDS AND REIMBURSEMENT PROCEDURES AND REQUIREMENTS
Section 691.700 Allowable Uses of Grant Funds and
Reimbursement Procedures and Requirements
a) Grant
awards will be issued in an amount not less than $25,000 per annual funding
cycle.
b) Funds
shall be used only for the direct cost of administering, operating and
maintaining a project or service in accordance with the requirements of Section
691.400.
c) The
grant funds may not be used for organizational or community-based overhead
costs, indirect costs, legal fees or levies.
d) Grant
funds must be used as provided by the guidelines of OMB Circular A-87 for
allowable expenditures (see Section 691.200).
e) Funds shall be used only for the direct cost of
administering, operating and maintaining a project or service in accordance
with the requirements of the grant agreement. Examples of direct costs that may
be allowable under the grant agreement include: personal services costs, such
as salaries; contractual services costs, such as fees for consultants; travel
costs for personnel to carry out authorized activities; training and education
costs; supplies or commodities that are required in the operation of a grant
project; equipment directly related to the operation of a grant project.
f) Grantee
shall comply with reimbursement procedures and requirements as outlined in the
grant agreement. The standard grant agreement template can be found at https://gata.illinois.gov/content/dam/soi/en/web/gata/documents
/resource-library/fy23-uniform-grant-agreement.pdf.
(Source:
Amended at 46 Ill. Reg. 15735, effective September 1, 2022)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS
PART 691
AFRICAN-AMERICAN HIV/AIDS RESPONSE CODE
SECTION 691.800 SUSPENSION OR TERMINATION OF GRANT AWARD
Section 691.800 Suspension or Termination of Grant Award
a) The
Department has the authority to suspend funding or terminate the grant
agreement for failure to comply with the Act, this Part, or the grant agreement.
b) The
grant agreement may be suspended or terminated for any of the reasons specified
in the grant agreement, and in accordance with the procedures outlined in the
grant agreement.
c) The
grantee is subject to the provisions outlined in 44 Ill. Adm. Code 7000.80 and
7000.260 (Grantee Compliance Enforcement System; Illinois Stop Payment List).
(Source:
Amended at 46 Ill. Reg. 15735, effective September 1, 2022)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS
PART 691
AFRICAN-AMERICAN HIV/AIDS RESPONSE CODE
SECTION 691.900 DENIAL, SUSPENSION, REVOCATION OR TERMINATION OF GRANT AWARD
Section 691.900 Denial, Suspension, Revocation or
Termination of Grant Award
a) The
Director may suspend or revoke the grant agreement of a grantee when finding
substantial or continued failure to comply with the Act, this Part or the grant
agreement. Except as provided in subsection (b), the Director shall provide
notice and an opportunity for the grant applicant or grantee to request a
hearing before executing the denial, suspension, or revocation.
b) If
the Director finds that the public interest, health, safety, or welfare
requires emergency action, then the Director may immediately order summary
suspension of a grant agreement pending proceedings for revocation. The
Director's order shall be written and shall include the reasons for the
findings. The proceedings shall be promptly instituted and promptly
determined.
c) The
notice of denial shall be made by regular mail. The notice of suspension or
revocation shall be made by certified mail or personal service. These notices
shall state the reasons for the proposed action and shall provide the
opportunity to request a hearing. If a written hearing request is not received
within 10 business days after receipt of the notice, then the right to a
hearing is deemed waived.
d) A
denial or termination due to the General Assembly's failure to appropriate
funds is not subject to this Section.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS
PART 691
AFRICAN-AMERICAN HIV/AIDS RESPONSE CODE
SECTION 691.1000 GRANT FUNDS RECOVERY
Section 691.1000 Grant Funds Recovery
Grants made under this Part are subject to the Illinois
Grant Funds Recovery Act. If a provision of this Part conflicts with a
provision of the Illinois Grant Funds Recovery Act, then the provision of the Illinois
Grant Funds Recovery Act controls.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS
PART 691
AFRICAN-AMERICAN HIV/AIDS RESPONSE CODE
SECTION 691.1100 HEARINGS
Section 691.1100 Hearings
The Department's Rules of Practice and Procedure in
Administrative Hearings apply to the proceedings conducted under this Part.
Where the terms "license" and "licensing" are used in those
rules, those terms shall be expanded to include a grant applicant, a grantee
awarded funds, and a grant agreement executed under this Part.
SUBPART C: TRAINING AND HIV TESTING PROTOCOLS
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS
PART 691
AFRICAN-AMERICAN HIV/AIDS RESPONSE CODE
SECTION 691.1200 TRAINING REQUIREMENTS FOR HIV TEST COUNSELING
Section 691.1200 Training Requirements for HIV Test
Counseling
a) HIV
counseling and testing services must be administered by persons who have
completed a course of training provided or approved by the Department.
b) Persons
providing HIV counseling and testing services shall comply with the provisions
of the AIDS Confidentiality Act.
(Source:
Amended at 46 Ill. Reg. 15735, effective September 1, 2022)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS
PART 691
AFRICAN-AMERICAN HIV/AIDS RESPONSE CODE
SECTION 691.1300 HIV TESTING PROTOCOLS
Section 691.1300 HIV Testing Protocols
a) HIV
antibody testing shall be completed in accordance with Section 697.100 of the HIV/AIDS
Confidentiality and Testing Code.
b) All
persons seeking counseling and HIV testing at an HIV testing site operated by a
Department funded African-American community-based organization shall be
offered a rapid HIV Antibody Test. If the HIV test counselor determines that
rapid HIV antibody testing is not appropriate at the time of testing, the
person shall be offered the option of another HIV antibody test.
c) A
patient record shall be created for each person tested at an HIV testing site
operated by a Department funded African-American community-based organization.
All patient records shall be maintained in accordance with the provisions of
the AIDS Confidentiality Act.
d) No
person may order an HIV test without first providing pre-test information and
receiving the documented informed consent of the subject of the test or the
subject's legally authorized representative, in accordance with the HIV/AIDS
Confidentiality and Testing Code.
e) HIV counseling
and testing centers shall provide counseling to the test subject prior to
performing the test. The counseling must include, but is not limited to,
information about:
1) HIV
infection and HIV transmission;
2) The
difference between confidential and anonymous HIV testing;
3) Information
about the meaning of the test and test results, such as the purpose, potential
uses, and limitations of the test and test results and the statutory rights to
anonymous testing and to confidentiality;
4) Information
about the availability of supplemental testing;
5) The
availability of referrals for further information or counseling; and
6) Methods
for prevention of transmission of HIV.
f) Department
funded African-American community-based organizations shall report all positive
HIV test results to the appropriate local health authority in accordance with Section
693.30 of the Control of Sexually Transmissible Diseases Code.
(Source:
Amended at 46 Ill. Reg. 15735, effective September 1, 2022)
SUBPART D: REMOVAL AND PROPER DISPOSAL OF HAZARDOUS WASTE
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS
PART 691
AFRICAN-AMERICAN HIV/AIDS RESPONSE CODE
SECTION 691.1400 REMOVAL AND PROPER DISPOSAL OF HAZARDOUS WASTE
Section 691.1400 Removal and Proper Disposal of
Hazardous Waste
All Potentially Infectious Medical Waste (PIMW) generated
through HIV testing shall be handled and disposed of in a safe and responsible
manner. Department funded African-American community-based organizations
should contact the local health authority or local waste removal company for
the correct disposal method for PIMW. The PIMW shall be placed in containers
that are:
a)
Rigid;
b)
Leak-resistant;
c)
Impervious to moisture;
d)
Sufficiently strong to prevent tearing or bursting under normal
conditions of use and handling;
e)
Sealed to prevent leakage during transport;
f)
Puncture-resistant for packaging sharps and sharps with residual fluids;
and
g)
Break-resistant and tightly lidded or stoppered for packaging fluids.
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