Rep. Kathleen A. Ryg
Filed: 3/31/2004
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1 | AMENDMENT TO HOUSE BILL 5370
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2 | AMENDMENT NO. ______. Amend House Bill 5370 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Finance Act is amended by changing
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5 | Sections 6z-50 as follows:
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6 | (30 ILCS 105/6z-50)
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7 | Sec. 6z-50. Brain Injury and Spinal Cord Injury Trust Fund. | ||||||
8 | The
Brain Injury and Spinal Cord Injury Trust Fund is created | ||||||
9 | as a special fund
in the State treasury. Subject to | ||||||
10 | appropriations, the Department of Human
Services shall use | ||||||
11 | moneys in the Fund to fund community-based rehabilitation
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12 | services programs in accordance with priorities and criteria | ||||||
13 | established by
the Brain and
Advisory Council on Spinal Cord | ||||||
14 | Injury Advisory
Council
and Head Injuries .
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15 | (Source: P.A. 91-737, eff. 6-2-00.)
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16 | Section 10. The Head and Spinal Cord Injury Act is amended | ||||||
17 | by changing
Sections 0.01, 1, 2, 3, and 6 as follows:
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18 | (410 ILCS 515/0.01) (from Ch. 111 1/2, par. 7850)
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19 | Sec. 0.01. Short title. This Act may be cited as the
Brain
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20 | Head and Spinal Cord Injury Act.
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21 | (Source: P.A. 86-1324.)
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1 | (410 ILCS 515/1) (from Ch. 111 1/2, par. 7851)
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2 | Sec. 1. As used in this Act, unless the context clearly | ||||||
3 | indicates otherwise:
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4 | (a) "Department" means the Department of Public Health.
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5 | (b) " Brain
Head injury" means a sudden insult or damage to | ||||||
6 | the brain
or its coverings, not of a degenerative nature, which | ||||||
7 | produces an altered state
of consciousness or temporarily or | ||||||
8 | permanently impairs mental, cognitive,
behavioral or physical | ||||||
9 | functioning. This includes cerebral vascular
accidents and ,
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10 | aneurisms .
and Congenital deficits are excluded
from this | ||||||
11 | definition.
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12 | (c) "Spinal cord injury" means an injury that occurs as a | ||||||
13 | result of
trauma, which involves spinal vertebral fracture, or | ||||||
14 | where the injured
person suffers any of the following effects:
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15 | (1) effects on the sensory system including numbness, | ||||||
16 | tingling or loss
of sensation in the body or in one or more | ||||||
17 | extremities;
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18 | (2) effects on the motor system including weakness or | ||||||
19 | paralysis in one
or more extremities;
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20 | (3) effects on the visceral system including bowel or | ||||||
21 | bladder
dysfunction or hypotension.
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22 | (d) "Council" means the Brain and
Advisory Council on
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23 | Spinal Cord
Injury Advisory Council
and Head Injuries .
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24 | (Source: P.A. 86-510.)
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25 | (410 ILCS 515/2) (from Ch. 111 1/2, par. 7852)
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26 | Sec. 2. Information; reports.
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27 | (a) The Department shall establish and maintain an | ||||||
28 | information registry and
reporting system for the purpose of | ||||||
29 | data collection and needs assessment of
persons with brain
head
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30 | and spinal cord injuries
injured
persons in this State.
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31 | (b) Reports of brain
head and spinal cord injuries shall | ||||||
32 | be filed
with the Department by a hospital administrator or his | ||||||
33 | designee on a quarterly
basis.
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1 | (c) Reporting forms and the manner in which the | ||||||
2 | information is to be
reported shall be provided by the | ||||||
3 | Department. Such reports shall include,
but shall not be | ||||||
4 | limited to, the following information: name, age, and
residence | ||||||
5 | of the injured person, the date and cause of the injury, the
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6 | initial diagnosis and such other information as may be required | ||||||
7 | by the
Department.
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8 | (Source: P.A. 86-510; 87-691.)
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9 | (410 ILCS 515/3) (from Ch. 111 1/2, par. 7853)
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10 | Sec. 3. (a) All reports and records made pursuant to this | ||||||
11 | Act and
maintained by the Department and other appropriate | ||||||
12 | persons, officials and
institutions pursuant to this Act shall | ||||||
13 | be confidential. Information shall
not be made available to any | ||||||
14 | individual or institution except to:
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15 | (1) appropriate staff of the Department;
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16 | (2) any person engaged in a bona fide research project, | ||||||
17 | with the
permission of the Director of Public Health, except | ||||||
18 | that no information
identifying the subjects of the reports or | ||||||
19 | the reporters shall be made
available to researchers unless the | ||||||
20 | Department requests and receives
consent for such release | ||||||
21 | pursuant to the provisions of this Section; and
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22 | (3) the Council, except that no information identifying | ||||||
23 | the subjects of
the reports or the reporters shall be made | ||||||
24 | available to the Council unless
consent for release is | ||||||
25 | requested and received pursuant to the provisions of
this | ||||||
26 | Section. Only information pertaining to brain
head and spinal
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27 | cord injuries as defined in Section 1 of this Act shall be | ||||||
28 | released to the
Council.
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29 | (b) The Department shall not reveal the identity of a | ||||||
30 | patient,
physician or hospital, except that the identity of the | ||||||
31 | patient
may be released upon written consent of the patient, | ||||||
32 | parent or guardian,
the identity of the physician may be | ||||||
33 | released upon written consent of the
physician, and the |
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1 | identity of the hospital may be released upon written
consent | ||||||
2 | of the hospital.
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3 | (c) The Department shall request consent for release from | ||||||
4 | a patient, a
physician or hospital only upon a showing by the | ||||||
5 | applicant for
such release that obtaining the identities of | ||||||
6 | certain patients, physicians
or hospitals is necessary for his | ||||||
7 | bonafide research directly related to the
objectives of this | ||||||
8 | Act.
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9 | (d) The Department shall at least annually compile a | ||||||
10 | report of the data
accumulated through the reporting system | ||||||
11 | established under Section 2 of
this Act and shall submit such | ||||||
12 | data relating to spinal cord injuries and
brain
head injuries | ||||||
13 | in accordance with confidentiality restrictions
established | ||||||
14 | pursuant to this Act to the Council.
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15 | (Source: P.A. 86-510.)
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16 | (410 ILCS 515/6) (from Ch. 111 1/2, par. 7856)
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17 | Sec. 6. Advisory Council.
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18 | (a) There is hereby created the Brain and
Advisory Council | ||||||
19 | on Spinal
Cord Injury Advisory Council
and Head Injuries within | ||||||
20 | the Department of
Human Services.
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21 | Until July 1, 2004 or when all of the new members to be | ||||||
22 | initially
appointed under this amendatory Act of the 93rd | ||||||
23 | General Assembly have been
appointed by the Governor, whichever | ||||||
24 | occurs later,
the Council shall consist of 29 members, | ||||||
25 | appointed
by the Governor with the advice and consent of the | ||||||
26 | Senate.
Members shall serve 3-year terms and until their | ||||||
27 | successors are
appointed by the Governor with the advice and | ||||||
28 | consent of the Senate.
The members appointed by the Governor
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29 | shall include 2 neurosurgeons, 2 orthopedic surgeons, 2 | ||||||
30 | rehabilitation
specialists, one of whom shall be a registered | ||||||
31 | nurse, 4 persons with
head injuries or family members of | ||||||
32 | persons with head injuries, 4 persons
with spinal cord injuries | ||||||
33 | or family members of persons with spinal cord
injuries, a |
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1 | representative of an Illinois college or university, and a
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2 | representative from health institutions or private industry. | ||||||
3 | These members
shall not serve more than 2 consecutive 3-year | ||||||
4 | terms. The Governor shall
appoint one individual from each of | ||||||
5 | the following entities to the Council as
ex-officio members: | ||||||
6 | the unit of the Department of Human Services that is
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7 | responsible for the administration of the vocational | ||||||
8 | rehabilitation program,
another unit within the Department of | ||||||
9 | Human Services that provides services for
individuals with | ||||||
10 | disabilities, the State Board of Education, the Department of
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11 | Public Health, the Department of Insurance, the Department of | ||||||
12 | Public Aid, the
Division of Specialized Care for Children of | ||||||
13 | the University of Illinois, the
Statewide Independent Living | ||||||
14 | Council, and the State Rehabilitation Advisory
Council. | ||||||
15 | Ex-officio members are not subject to limit of 2 consecutive | ||||||
16 | 3-year
terms. The appointment of individuals representing | ||||||
17 | State agencies shall be
conditioned on their continued | ||||||
18 | employment with their respective agencies.
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19 | The term of each appointed member of the Council
who is in | ||||||
20 | office on June 30, 2004 shall terminate at the close of | ||||||
21 | business
on that date or when all of the new members to be | ||||||
22 | initially appointed under
this amendatory Act of the 93rd | ||||||
23 | General Assembly have been appointed by the
Governor, whichever | ||||||
24 | occurs later.
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25 | (a-5) Beginning on July 1, 2004 or when all of the new | ||||||
26 | members to
be initially appointed under this amendatory Act of | ||||||
27 | the 93rd General
Assembly have been appointed by the Governor, | ||||||
28 | whichever occurs later,
the Council shall consist of 12 | ||||||
29 | individual members and 3 agency members
appointed by the | ||||||
30 | Governor with the advice and consent of the Senate.
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31 | The individual members appointed by the Governor shall | ||||||
32 | consist of
2 physicians, one of whom specializes in the care | ||||||
33 | and rehabilitation of
persons with brain injury and one of whom | ||||||
34 | specializes in the care and
rehabilitation of persons with |
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1 | spinal cord injury;
2 rehabilitation therapists, one of whom | ||||||
2 | specializes in the care and
rehabilitation of persons with | ||||||
3 | brain injury and one of whom specializes
in the care and | ||||||
4 | rehabilitation of persons with spinal cord injury;
one | ||||||
5 | certified rehabilitation registered nurse (CRRN);
2 persons | ||||||
6 | with brain injury or family members of persons with brain | ||||||
7 | injury;
2 persons with spinal cord injury or family members of | ||||||
8 | persons with spinal
cord injury; and one person affiliated with | ||||||
9 | a health care institution; one advocate representing brain | ||||||
10 | injuries from Illinois; and one advocate representing spinal | ||||||
11 | cord injuries from Illinois.
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12 | The agency members appointed by the Governor shall consist | ||||||
13 | of one
representative of each of the following agencies:
the | ||||||
14 | unit within the Department of Human Services that provides
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15 | services for individuals with disabilities; the State Board of | ||||||
16 | Education; and
the Division of Specialized Care for Children of | ||||||
17 | the University of Illinois.
The appointments of agency members | ||||||
18 | shall be conditioned on their continued
employment with their | ||||||
19 | respective agencies.
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20 | Of the members initially appointed pursuant to this | ||||||
21 | amendatory Act of the
93rd General Assembly, 5 shall be | ||||||
22 | appointed for terms of one year, 5 shall be
appointed for terms | ||||||
23 | of 2 years, and 5 shall be appointed for terms of 3 years,
and | ||||||
24 | until their successors have been appointed and qualified. | ||||||
25 | Thereafter,
members shall be appointed for 3-year terms and | ||||||
26 | until their successors have
been appointed and qualified.
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27 | (b) From funds appropriated for such purpose, the | ||||||
28 | Department of Human
Services shall provide to the Council the | ||||||
29 | necessary staff and expenses
to carry out the duties and | ||||||
30 | responsibilities assigned by the Council.
Such staff shall | ||||||
31 | consist of a director and other support staff.
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32 | (c) Meetings shall be held at least every 90 days or at | ||||||
33 | the call of the
Council chairman, who shall be appointed by the | ||||||
34 | Governor from among the
members of
elected by the Council.
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1 | (d) Each member shall be reimbursed for reasonable and | ||||||
2 | necessary
expenses actually incurred in the performance of his | ||||||
3 | official duties.
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4 | (e) The Council shall adopt written procedures to govern | ||||||
5 | its activities.
Consultants shall be provided for the Council | ||||||
6 | from appropriations made for
such purpose.
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7 | (f) The Council shall make recommendations to the | ||||||
8 | Governor for
developing and administering a State plan to | ||||||
9 | provide services for persons
with brain injury and persons with
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10 | spinal cord injury
and head injured
persons .
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11 | (g) No member of the Council may participate in or seek to | ||||||
12 | influence a
decision or vote of the Council if the member would | ||||||
13 | be directly involved
with the matter or if he would derive | ||||||
14 | income from it. A violation of this
prohibition shall be | ||||||
15 | grounds for a person to be removed as
a member of the Council | ||||||
16 | by the Governor.
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17 | (h) The Council shall:
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18 | (1) promote meetings and programs for the discussion | ||||||
19 | of reducing the
debilitating effects of brain injuries and
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20 | spinal cord and head
injuries and disseminate information | ||||||
21 | in cooperation with any other department,
agency or entity | ||||||
22 | on the prevention, evaluation, care, treatment and
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23 | rehabilitation of persons affected by brain injuries and
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24 | spinal cord
and head injuries;
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25 | (2) study and review current prevention, evaluation, | ||||||
26 | care, treatment
and rehabilitation technologies and | ||||||
27 | recommend appropriate preparation,
training, retraining | ||||||
28 | and distribution of manpower and resources in the
provision | ||||||
29 | of services to persons with brain injury and spinal cord
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30 | injury
and head injured persons through private and public | ||||||
31 | residential
facilities, day programs and other specialized | ||||||
32 | services;
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33 | (3) recommend specific methods, means and procedures | ||||||
34 | which should be
adopted to improve and upgrade the State's |
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1 | service delivery system for
persons with brain injury and | ||||||
2 | persons with spinal cord injury in
and head injured | ||||||
3 | citizens of this State;
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4 | (4) participate in developing and disseminating | ||||||
5 | criteria and standards
which may be required for future | ||||||
6 | funding or licensing of facilities, day
programs and other | ||||||
7 | specialized services for persons with brain injury and
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8 | persons with spinal cord injury
and head injured persons in | ||||||
9 | this
State;
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10 | (5) report annually to the Governor and the General | ||||||
11 | Assembly on its
activities, and on the results of its | ||||||
12 | studies and the recommendations
of the Council; and
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13 | (6) be the advisory board for purposes of federal | ||||||
14 | programs regarding
traumatic brain injury.
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15 | (i) The Department of Human Services may accept on behalf | ||||||
16 | of
the Council federal funds, gifts and donations from | ||||||
17 | individuals, private
organizations and foundations, and any | ||||||
18 | other funds that may become available.
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19 | (Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)".
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