99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2734

 

Introduced 2/16/2016, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Advisory Board for the Maternal and Child Health Block Grant Programs Act. Establishes the Advisory Board for the Maternal and Child Health Block Grant Programs under the Department of Public Health. Creates the Board. Requires the Board to advise the Director of Public Health and make recommendations to the Department and Governor regarding maternal and child health matters. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Transfers authority over the Title V Maternal and Child Health Services Block Grant, Title X Family Planning Program award, and maternal and child health programs to the Department of Public Health. Transfers all relevant rights and duties, rules and rulemaking powers, personnel, property, records, and revenue allocations to the Department of Public Health. Amends the Illinois Family Case Management Act. Removes references to the Maternal and Child Health Advisory Board. Amends the Hearing Screening for Newborns Act. Changes the short title to the Early Hearing Detection and Intervention Act. Makes changes regarding which hospitals are required to conduct and report infant hearing tests. Requires the Department of Public Health to maintain a registry of cases documenting newborn hearing tests and intervention. Transfers rulemaking power under the Act from the Department of Human Services to the Department of Public Health. Repeals provisions concerning certain hospital reports to the Department and the hearing screening advisory committee. Amends the Prenatal and Newborn Care Act. Repeals a provision requiring the Department of Human Services to consult with the Advisory Board. Amends the Developmental Disability Prevention Act. Authorizes the Department of Public Health to determine funding needs for high-risk pregnancy programs. Effective immediately.


LRB099 20471 MJP 44985 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2734LRB099 20471 MJP 44985 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Advisory Board for the Maternal and Child Health Block Grant
6Programs Act.
 
7    Section 5. Legislative findings and purpose. The General
8Assembly finds the following:
9        (1) The people of Illinois continue to experience and
10    bear the consequences of unacceptable rates of low birth
11    weight, infant mortality, maternal mortality, child and
12    adolescent health problems, including obesity and teen
13    pregnancy, and disparities among racial and ethnic groups
14    with regard to maternal and child health.
15        (2) The resolution of these challenges requires an
16    approach that considers the health of the entire population
17    and directs resources to high-risk groups based on
18    epidemiological analysis in order to prevent disability,
19    disease, death, or other adverse circumstance, or what may
20    be termed a public health approach.
21        (3) The General Assembly began the transfer of maternal
22    and child health programs from the Department of Human
23    Services to the Department of Public Health through the

 

 

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1    budget for State fiscal year 2014.
2    Therefore, it is the purpose of the new and amendatory
3provisions of this Act to complete the transfer of programs and
4responsibility for direction of Illinois' maternal and child
5health efforts to the Department of Public Health and to
6complete the transfer of certain statutory authority and
7regulations, appropriations, programs, property, and
8personnel, including the personnel, hardware, and software for
9principal management information systems, from the Department
10of Human Services to the Department of Public Health, which has
11already begun through the budget for State fiscal year 2016.
 
12    Section 10. Definitions. As used in this Act:
13    "Board" means the Advisory Board for the Maternal and Child
14Health Block Grant Programs.
15    "Department" means the Department of Public Health.
16    "Director" means the Director of Public Health.
 
17    Section 15. Advisory Board for the Maternal and Child
18Health Block Grant Programs.
19    (a) The Advisory Board for the Maternal and Child Health
20Block Grant Programs is created within the Department to advise
21the Department on programs and activities related to maternal
22and child health in the State of Illinois.
23    The Board shall consist of the Director's designee
24responsible for maternal and child health programs, who shall

 

 

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1serve as the Chair of the Board; the Department's Title V
2administrator, if the Director's designee is not serving in the
3capacity of Title V Director at the Department; one
4representative each from the Department of Children and Family
5Services, the Department of Human Services, and the Department
6of Healthcare and Family Services, appointed by the Director or
7Secretary of each Department; the Director of the University of
8Illinois at Chicago's Division of Specialized Care for
9Children; 4 members of the General Assembly, one each appointed
10by the President and Minority Leader of the Senate and the
11Speaker and Minority Leader of the House of Representatives;
12and 20 additional members appointed by the Director.
13    Of the members appointed by the Director:
14        (1) Two shall be physicians licensed to practice
15    medicine in all of its branches who currently serve
16    patients enrolled in maternal and child health programs
17    funded by the State of Illinois, one of whom shall be an
18    individual with a specialty in obstetrics and gynecology
19    and one of whom shall be an individual with a specialty in
20    pediatric medicine;
21        (2) Sixteen shall be persons with expertise in one or
22    more of the following areas, with no more than 3 persons
23    from each listed area of expertise and with preference
24    given to the areas of need identified by the most recent
25    State needs assessment: the health of women, infants, young
26    children, school-aged children, adolescents, and children

 

 

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1    with special health care needs; public health;
2    epidemiology; behavioral health; nursing; social work;
3    substance abuse prevention; juvenile justice; oral health;
4    child development; chronic disease prevention; health
5    promotion; and education; 5 of the 16 members shall
6    represent organizations that provide maternal and child
7    health services with funds from the Department; and
8        (3) either 2 consumers who have received services
9    through a Department-funded maternal and child health
10    program, 2 representatives from advocacy groups that
11    advocate on behalf of such consumers, or one such consumer
12    and one such representative of an advocacy group.
13    Members appointed by the Director shall be selected to
14represent the racial, ethnic, and geographic diversity of the
15State's population and shall include representatives of local
16health departments, other direct service providers, and
17faculty of the University of Illinois at Chicago School of
18Public Health Center of Excellence in Maternal and Child
19Health.
20    Legislative members shall serve during their term of office
21in the General Assembly. Members appointed by the Director
22shall serve a term of 4 years or until their successors are
23appointed.
24    Any member appointed to fill a vacancy occurring prior to
25the expiration of the term for which his or her predecessor was
26appointed shall be appointed for the remainder of such term.

 

 

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1Members of the Board shall serve without compensation but shall
2be reimbursed for necessary expenses incurred in the
3performance of their duties.
4    (b) The Board shall advise the Director on improving the
5well-being of mothers, fathers, infants, children, families,
6and adults, considering both physical and social determinants
7of health, and using a life-span approach to health promotion
8and disease prevention in the State of Illinois. In addition,
9the Board shall review and make recommendations to the
10Department and the Governor in regard to the system for
11maternal and child health programs, collaboration, and
12interrelation between and delivery of programs, both within the
13Department and with related programs in other departments. In
14performing its duties, the Board may hold hearings throughout
15the State and advise and receive advice from any local advisory
16bodies created to address maternal and child health.
17    (c) The Board may offer recommendations and feedback
18regarding the development of the State's annual Maternal and
19Child Health Services Block Grant application and report as
20well as the periodic needs assessment.
 
21    Section 90. The Department of Public Health Powers and
22Duties Law of the Civil Administrative Code of Illinois is
23amended by adding Section 2310-450 as follows:
 
24    (20 ILCS 2310/2310-450 new)

 

 

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1    Sec. 2310-450. Office for maternal and child health.
2    (a) The Department shall be responsible for administration
3of the Maternal and Child Health Services Block Grant
4authorized by Title V of the federal Social Security Act. The
5Department shall be responsible for maternal and child health
6programs and for preparation and submission of the annual
7application, annual report, and periodic needs assessment
8required for the receipt of these funds.
9    (b) The Department shall be responsible for the
10administration of the Family Planning Program award to the
11State of Illinois from Title X of the federal Public Health
12Service Act (42 U.S.C. 300).
13    (c) All of the rights, powers, duties, and functions vested
14by law or that otherwise pertain to the programs and services
15transferred to the Department by this amendatory Act of the
1699th General Assembly are transferred to the Department by July
171, 2016.
18    (d) The Department may adopt rules necessary to implement
19this Section. This Section does not affect the legality of any
20rules that are in force on the effective date of this Section
21that have been duly adopted by the Department of Human Services
22in its administration of the Maternal and Child Health Services
23Block Grant. Those rules shall transfer to the Department and
24continue in effect until amended or repealed, except that
25references to a predecessor department shall, in appropriate
26contexts, be deemed to refer to the successor department under

 

 

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1this Section. Any rules proposed prior to the effective date
2shall also transfer to the Department.
3    (e) Personnel employed by the Department of Human Services'
4Division of Family and Community Services who are employed in
5the programs and services transferred by this amendatory Act of
6the 99th General Assembly, including any nursing or performance
7management services, are transferred to the Department by July
81, 2016.
9    (f) The rights of State employees, the State, and its
10agencies under the Personnel Code and applicable collective
11bargaining agreements and retirement plans are not affected by
12this Section.
13    (g) The Department of Central Management Services shall
14establish a sufficient number of full-time positions at the
15Department, based on a review of at least 5 years of the
16Department of Human Services' official time study records, in
17order to provide for effective administration of these
18programs, and, if necessary, effect a corresponding decrease in
19authorized positions in the Department of Human Services, in
20order to effect this transfer by July 1, 2016.
21    (h) All books, records, documents, property (real and
22personal), including office space, unencumbered
23appropriations, and pending business pertaining to the rights,
24powers, duties, and functions transferred to the Department
25under this Section shall be transferred and delivered to the
26Department by July 1, 2016.

 

 

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1    (i) All of the general revenue funds, other State funds,
2and federal funds authorized for use by and for programs and
3services transferred to the Department by this amendatory Act
4of the 99th General Assembly shall be transferred and delivered
5to the Department by July 1, 2016.
6    (j) In the case of books, records, or documents that
7pertain both to a function transferred to the Department under
8this Section and to a function retained by a predecessor agency
9or office, the Director and the Secretary of Human Services
10shall determine whether the books, records, or documents shall
11be transferred, copied, or left with the predecessor agency or
12office; until this determination has been made, the transfer of
13these materials shall not take effect.
14    (k) In the case of property or an unexpended appropriation
15that pertains both to a function transferred to the Department
16under this Section and to a function retained by the Department
17of Human Services, the Director of Public Health and the
18Secretary of Human Services shall determine whether the
19property or unexpended appropriation shall be transferred,
20divided, or left with the predecessor agency or office; until
21this determination has been made (and, in the case of an
22unexpended appropriation, notice of the determination has been
23filed with the State Comptroller), the transfer shall not take
24effect.
25    (l) In the case of administrative functions performed by
26other units within the Department of Human Services and for the

 

 

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1allocation of State or federal funds that benefited the
2programs transferred by this amendatory Act of the 99th General
3Assembly as well as other divisions within the Department of
4Human Services, the Director of Public Health and the Secretary
5of Human Services shall establish interagency agreements to
6continue these services and distribute these funds after July
71, 2016.
 
8    (410 ILCS 212/20 rep.)
9    (410 ILCS 212/25 rep.)
10    Section 95. The Illinois Family Case Management Act is
11amended by repealing Sections 20 and 25.
 
12    Section 100. The Hearing Screening for Newborns Act is
13amended by changing Sections 1, 5, 15, and 30 as follows:
 
14    (410 ILCS 213/1)
15    Sec. 1. Short title. This Act may be cited as the Early
16Hearing Detection and Intervention Hearing Screening for
17Newborns Act.
18(Source: P.A. 91-67, eff. 7-9-99.)
 
19    (410 ILCS 213/5)
20    Sec. 5. Mandatory hearing screening. All By December 31,
212002, all hospitals performing deliveries, including birthing
22and non-birthing facilities, shall conduct hearing screening

 

 

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1of all newborn infants prior to discharge and report hearing
2screening results, including outpatient testing and follow-up
3results when available, for each child to the Department of
4Public Health.
5(Source: P.A. 91-67, eff. 7-9-99.)
 
6    (410 ILCS 213/15)
7    Sec. 15. Department of Public Health to maintain registry
8of cases. The Illinois Department of Public Health shall
9maintain a registry of cases documenting screening, diagnosis,
10and intervention of positive hearing screening results,
11including information needed for the purpose of follow-up
12services.
13(Source: P.A. 91-67, eff. 7-9-99.)
 
14    (410 ILCS 213/30)
15    Sec. 30. Rules. The Department of Public Health Human
16Services shall adopt promulgate rules necessary to implement
17this Act.
18(Source: P.A. 91-67, eff. 7-9-99.)
 
19    (410 ILCS 213/10 rep.)
20    (410 ILCS 213/20 rep.)
21    Section 105. The Hearing Screening for Newborns Act is
22amended by repealing Sections 10 and 20.
 

 

 

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1    (410 ILCS 225/7 rep.)
2    Section 110. The Prenatal and Newborn Care Act is amended
3by repealing Section 7.
 
4    Section 115. The Developmental Disability Prevention Act
5is amended by changing Section 8 as follows:
 
6    (410 ILCS 250/8)  (from Ch. 111 1/2, par. 2108)
7    Sec. 8. The Department of Public Health, in cooperation
8with the Department of Human Services, shall establish
9guidelines for the development of areawide or local programs
10designed to prevent high risk pregnancies through early
11identification, screening, management, and followup of the
12childbearing age high risk female. Such programs shall be based
13on the local assessment typically by schools, health
14departments, hospitals, perinatal centers, and local medical
15societies of need and with emphasis on the coordination of
16existing resources private and public and in conjunction with
17local health planning agencies. Funding needs for
18demonstration and continuing programs shall be determined by
19the Department of Human Services and Department of Public
20Health under their respective programs and reported to the
21General Assembly along with the guidelines for such programs.
22(Source: P.A. 89-507, eff. 7-1-97.)
 
23    Section 999. Effective date. This Act takes effect upon
24becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    20 ILCS 2310/2310-450 new
5    410 ILCS 212/20 rep.
6    410 ILCS 212/25 rep.
7    410 ILCS 213/1
8    410 ILCS 213/5
9    410 ILCS 213/15
10    410 ILCS 213/30
11    410 ILCS 213/10 rep.
12    410 ILCS 213/20 rep.
13    410 ILCS 225/7 rep.
14    410 ILCS 250/8from Ch. 111 1/2, par. 2108