Illinois General Assembly - Full Text of HB3240
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Full Text of HB3240  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/19/2021, by Rep. Lindsey LaPointe


20 ILCS 5/5-565  was 20 ILCS 5/6.06

    Amends the Departments of State Government Law of the Civil Administrative Code of Illinois. Provides that it shall be the duty of the State Board of Health, among other duties, to deliver to the Governor for presentation to the General Assembly a State Health Assessment and a State Health Improvement Plan (currently, only a State Health Improvement Plan required). Provides further requirements concerning the State Health Assessment and the State Health Improvement Plan. Effective immediately.

LRB102 14492 RJF 19845 b






HB3240LRB102 14492 RJF 19845 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Civil Administrative Code of Illinois is
5amended by changing Section 5-565 as follows:
6    (20 ILCS 5/5-565)  (was 20 ILCS 5/6.06)
7    Sec. 5-565. In the Department of Public Health.
8    (a) The General Assembly declares it to be the public
9policy of this State that all residents citizens of Illinois
10are entitled to lead healthy lives. Governmental public health
11has a specific responsibility to ensure that a public health
12system is in place to allow the public health mission to be
13achieved. The public health system is the collection of
14public, private, and voluntary entities as well as individuals
15and informal associations that contribute to the public's
16health within the State. To develop a public health system
17requires certain core functions to be performed by government.
18The State Board of Health is to assume the leadership role in
19advising the Director in meeting the following functions:
20        (1) Needs assessment.
21        (2) Statewide health objectives.
22        (3) Policy development.
23        (4) Assurance of access to necessary services.



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1    There shall be a State Board of Health composed of 20
2persons, all of whom shall be appointed by the Governor, with
3the advice and consent of the Senate for those appointed by the
4Governor on and after June 30, 1998, and one of whom shall be a
5senior citizen age 60 or over. Five members shall be
6physicians licensed to practice medicine in all its branches,
7one representing a medical school faculty, one who is board
8certified in preventive medicine, and one who is engaged in
9private practice. One member shall be a chiropractic
10physician. One member shall be a dentist; one an environmental
11health practitioner; one a local public health administrator;
12one a local board of health member; one a registered nurse; one
13a physical therapist; one an optometrist; one a veterinarian;
14one a public health academician; one a health care industry
15representative; one a representative of the business
16community; one a representative of the non-profit public
17interest community; and 2 shall be citizens at large.
18    The terms of Board of Health members shall be 3 years,
19except that members shall continue to serve on the Board of
20Health until a replacement is appointed. Upon the effective
21date of Public Act 93-975 (January 1, 2005) this amendatory
22Act of the 93rd General Assembly, in the appointment of the
23Board of Health members appointed to vacancies or positions
24with terms expiring on or before December 31, 2004, the
25Governor shall appoint up to 6 members to serve for terms of 3
26years; up to 6 members to serve for terms of 2 years; and up to



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15 members to serve for a term of one year, so that the term of
2no more than 6 members expire in the same year. All members
3shall be legal residents of the State of Illinois. The duties
4of the Board shall include, but not be limited to, the
6        (1) To advise the Department of ways to encourage
7    public understanding and support of the Department's
8    programs.
9        (2) To evaluate all boards, councils, committees,
10    authorities, and bodies advisory to, or an adjunct of, the
11    Department of Public Health or its Director for the
12    purpose of recommending to the Director one or more of the
13    following:
14            (i) The elimination of bodies whose activities are
15        not consistent with goals and objectives of the
16        Department.
17            (ii) The consolidation of bodies whose activities
18        encompass compatible programmatic subjects.
19            (iii) The restructuring of the relationship
20        between the various bodies and their integration
21        within the organizational structure of the Department.
22            (iv) The establishment of new bodies deemed
23        essential to the functioning of the Department.
24        (3) To serve as an advisory group to the Director for
25    public health emergencies and control of health hazards.
26        (4) To advise the Director regarding public health



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1    policy, and to make health policy recommendations
2    regarding priorities to the Governor through the Director.
3        (5) To present public health issues to the Director
4    and to make recommendations for the resolution of those
5    issues.
6        (6) To recommend studies to delineate public health
7    problems.
8        (7) To make recommendations to the Governor through
9    the Director regarding the coordination of State public
10    health activities with other State and local public health
11    agencies and organizations.
12        (8) To report on or before February 1 of each year on
13    the health of the residents of Illinois to the Governor,
14    the General Assembly, and the public.
15        (9) To review the final draft of all proposed
16    administrative rules, other than emergency or peremptory
17    preemptory rules and those rules that another advisory
18    body must approve or review within a statutorily defined
19    time period, of the Department after September 19, 1991
20    (the effective date of Public Act 87-633). The Board shall
21    review the proposed rules within 90 days of submission by
22    the Department. The Department shall take into
23    consideration any comments and recommendations of the
24    Board regarding the proposed rules prior to submission to
25    the Secretary of State for initial publication. If the
26    Department disagrees with the recommendations of the



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1    Board, it shall submit a written response outlining the
2    reasons for not accepting the recommendations.
3        In the case of proposed administrative rules or
4    amendments to administrative rules regarding immunization
5    of children against preventable communicable diseases
6    designated by the Director under the Communicable Disease
7    Prevention Act, after the Immunization Advisory Committee
8    has made its recommendations, the Board shall conduct 3
9    public hearings, geographically distributed throughout the
10    State. At the conclusion of the hearings, the State Board
11    of Health shall issue a report, including its
12    recommendations, to the Director. The Director shall take
13    into consideration any comments or recommendations made by
14    the Board based on these hearings.
15        (10) To deliver to the Governor for presentation to
16    the General Assembly a State Health Assessment (SHA) and a
17    State Health Improvement Plan (SHIP). The first 5 3 such
18    plans shall be delivered to the Governor on January 1,
19    2006, January 1, 2009, and January 1, 2016, January 1,
20    2022, January 1, 2023, and then every 5 years thereafter.
21        The State Health Assessment and State Health
22    Improvement Plan Plan shall assess and recommend
23    priorities and strategies to improve the public health
24    system, and the health status of Illinois residents,
25    reduce health disparities and inequities, and promote
26    health equity. The State Health Assessment and State



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1    Health Improvement Plan development and implementation
2    shall conform to national Public Health Accreditation
3    Board Standards. The State Health Assessment and State
4    Health Improvement Plan development and implementation
5    process shall be carried out with the administrative and
6    operational support of the Department of Public Health
7    taking into consideration national health objectives and
8    system standards as frameworks for assessment.
9        The State Health Assessment shall include
10    comprehensive, broad-based data and information from a
11    variety of sources on health status and the public health
12    system including:
13            (i) quantitative data on the demographics and
14        health status of the population, including data over
15        time on health by gender identity, sexual orientation,
16        race, ethnicity, age, socio-economic factors,
17        geographic region, disability status, and other
18        indicators of disparity;
19            (ii) quantitative data on social and structural
20        issues affecting health (social and structural
21        determinants of health), including, but not limited
22        to, housing, transportation, educational attainment,
23        employment, and income inequality;
24            (iii) priorities and strategies developed at the
25        community level through the Illinois Project for Local
26        Assessment of Needs (IPLAN) and other local and



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1        regional community health needs assessments;
2            (iv) qualitative data representing the
3        population's input on health concerns and well-being,
4        including the perceptions of people experiencing
5        disparities and health inequities;
6            (v) information on health disparities and health
7        inequities; and
8            (vi) information on public health system strengths
9        and areas for improvement.
10        The Plan shall also take into consideration priorities
11    and strategies developed at the community level through
12    the Illinois Project for Local Assessment of Needs (IPLAN)
13    and any regional health improvement plans that may be
14    developed.
15        The State Health Improvement Plan Plan shall focus on
16    prevention, social determinants of health, and promoting
17    health equity as key strategies as a key strategy for
18    long-term health improvement in Illinois.
19        The State Health Improvement Plan Plan shall identify
20    priority State health issues and social issues affecting
21    health, and shall examine and make recommendations on the
22    contributions and strategies of the public and private
23    sectors for improving health status and the public health
24    system in the State. In addition to recommendations on
25    health status improvement priorities and strategies for
26    the population of the State as a whole, the State Health



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1    Improvement Plan Plan shall make recommendations regarding
2    priorities and strategies for reducing and eliminating
3    health disparities and health inequities in Illinois;
4    including racial, ethnic, gender identification, sexual
5    orientation, age, disability, socio-economic, and
6    geographic disparities. The State Health Improvement Plan
7    shall make recommendations regarding social determinants
8    of health, such as housing, transportation, educational
9    attainment, employment, and income inequality.
10        The development and implementation of the State Health
11    Assessment and State Health Improvement Plan shall be a
12    collaborative public-private cross-agency effort overseen
13    by the SHA and SHIP Partnership. The Director of Public
14    Health shall consult with the Governor to ensure
15    participation by the head of State agencies with public
16    health responsibilities (or their designees) in the SHA
17    and SHIP Partnership, including, but not limited to, the
18    Department of Public Health, the Department of Human
19    Services, the Department of Healthcare and Family
20    Services, the Department of Children and Family Services,
21    the Environmental Protection Agency, the Illinois State
22    Board of Education, the Department on Aging, the Illinois
23    Housing Development Authority, the Illinois Criminal
24    Justice Information Authority, the Department of
25    Agriculture, the Department of Transportation, the
26    Department of Corrections, the Department of Commerce and



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1    Economic Opportunity, and the Chair of the State Board of
2    Health to also serve on the Partnership. A member of the
3    Governors' staff shall participate in the Partnership and
4    serve as a liaison to the Governors' office.
5        The Director of the Illinois Department of Public
6    Health shall appoint a minimum of 15 other members of the
7    SHA and SHIP Partnership representing a Planning Team that
8    includes a range of public, private, and voluntary sector
9    stakeholders and participants in the public health system.
10    For the first SHA and SHIP Partnership after the effective
11    date of this amendatory Act of the 102nd General Assembly,
12    one-half of the members shall be appointed for a 3-year
13    term, and one-half of the members shall be appointed for a
14    5-year term. Subsequently, members shall be appointed to
15    5-year terms. Should any member not be able to fulfill his
16    or her term, the Director may appoint a replacement to
17    complete that term. The Director, in consultation with the
18    SHA and SHIP Partnership, may engage additional
19    individuals and organizations to serve on subcommittees
20    and ad hoc efforts to conduct the State Health Assessment
21    and develop and implement the State Health Improvement
22    Plan. Members of the SHA and SHIP Partnership shall
23    receive no compensation for serving as members, but may be
24    reimbursed for their necessary expenses if departmental
25    resources allow.
26        The SHA and SHIP Partnership This Team shall include:



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1    the directors of State agencies with public health
2    responsibilities (or their designees), including but not
3    limited to the Illinois Departments of Public Health and
4    Department of Human Services, representatives of local
5    health departments, representatives of local community
6    health partnerships, and individuals with expertise who
7    represent an array of organizations and constituencies
8    engaged in public health improvement and prevention, such
9    as non-profit public interest groups, groups serving
10    populations that experience health disparities and health
11    inequities, groups addressing social determinants of
12    health, health issue groups, faith community groups,
13    health care providers, businesses and employers, academic
14    institutions, and community-based organizations.
15        The Director shall endeavor to make the membership of
16    the Partnership diverse and inclusive of the racial,
17    ethnic, gender, socio-economic, and geographic diversity
18    of the State. The SHA and SHIP Partnership shall be
19    chaired by the Director of Public Health or his or her
20    designee.
21        The SHA and SHIP Partnership shall develop and
22    implement a community engagement process that facilitates
23    input into the development of the State Health Assessment
24    and State Health Improvement Plan. This engagement process
25    shall ensure that individuals with lived experience in the
26    issues addressed in the State Health Assessment and State



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1    Health Improvement Plan are meaningfully engaged in the
2    development and implementation of the State Health
3    Assessment and State Health Improvement Plan.
4        The State Board of Health shall hold at least 3 public
5    hearings addressing a draft of the State Health
6    Improvement Plan drafts of the Plan in representative
7    geographic areas of the State. Members of the Planning
8    Team shall receive no compensation for their services, but
9    may be reimbursed for their necessary expenses.
10        Upon the delivery of each State Health Improvement
11    Plan, the Governor shall appoint a SHIP Implementation
12    Coordination Council that includes a range of public,
13    private, and voluntary sector stakeholders and
14    participants in the public health system. The Council
15    shall include the directors of State agencies and entities
16    with public health system responsibilities (or their
17    designees), including but not limited to the Department of
18    Public Health, Department of Human Services, Department of
19    Healthcare and Family Services, Environmental Protection
20    Agency, Illinois State Board of Education, Department on
21    Aging, Illinois Violence Prevention Authority, Department
22    of Agriculture, Department of Insurance, Department of
23    Financial and Professional Regulation, Department of
24    Transportation, and Department of Commerce and Economic
25    Opportunity and the Chair of the State Board of Health.
26    The Council shall include representatives of local health



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1    departments and individuals with expertise who represent
2    an array of organizations and constituencies engaged in
3    public health improvement and prevention, including
4    non-profit public interest groups, health issue groups,
5    faith community groups, health care providers, businesses
6    and employers, academic institutions, and community-based
7    organizations. The Governor shall endeavor to make the
8    membership of the Council representative of the racial,
9    ethnic, gender, socio-economic, and geographic diversity
10    of the State. The Governor shall designate one State
11    agency representative and one other non-governmental
12    member as co-chairs of the Council. The Governor shall
13    designate a member of the Governor's office to serve as
14    liaison to the Council and one or more State agencies to
15    provide or arrange for support to the Council. The members
16    of the SHIP Implementation Coordination Council for each
17    State Health Improvement Plan shall serve until the
18    delivery of the subsequent State Health Improvement Plan,
19    whereupon a new Council shall be appointed. Members of the
20    SHIP Planning Team may serve on the SHIP Implementation
21    Coordination Council if so appointed by the Governor.
22        Upon the delivery of each State Health Assessment and
23    State Health Improvement Plan, the SHA and SHIP
24    Partnership The SHIP Implementation Coordination Council
25    shall coordinate the efforts and engagement of the public,
26    private, and voluntary sector stakeholders and



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1    participants in the public health system to implement each
2    SHIP. The Partnership Council shall serve as a forum for
3    collaborative action; coordinate existing and new
4    initiatives; develop detailed implementation steps, with
5    mechanisms for action; implement specific projects;
6    identify public and private funding sources at the local,
7    State and federal level; promote public awareness of the
8    SHIP; and advocate for the implementation of the SHIP. The
9    SHA and SHIP Partnership shall implement strategies to
10    ensure that individuals and communities affected by health
11    disparities and health inequities are engaged in the
12    process throughout the 5-year cycle. The SHA and SHIP
13    Partnership shall regularly evaluate and update the State
14    Health Assessment and track implementation of the State
15    Health Improvement Plan with revisions as necessary. The
16    SHA and SHIP Partnership shall not have the authority to
17    direct any public or private entity to take specific
18    action to implement the SHIP. ; and develop an annual
19    report to the Governor, General Assembly, and public
20    regarding the status of implementation of the SHIP. The
21    Council shall not, however, have the authority to direct
22    any public or private entity to take specific action to
23    implement the SHIP.
24        The SHA and SHIP Partnership shall regularly evaluate
25    and update the State Health Assessment and track
26    implementation of the State Health Improvement Plan with



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1    revisions as necessary. The State Board of Health shall
2    submit a report by January 31 of each year on the status of
3    State Health Improvement Plan implementation and community
4    engagement activities to the Governor, General Assembly,
5    and public. In the fifth year, the report may be
6    consolidated into the new State Health Assessment and
7    State Health Improvement Plan.
8        (11) Upon the request of the Governor, to recommend to
9    the Governor candidates for Director of Public Health when
10    vacancies occur in the position.
11        (12) To adopt bylaws for the conduct of its own
12    business, including the authority to establish ad hoc
13    committees to address specific public health programs
14    requiring resolution.
15        (13) (Blank).
16    Upon appointment, the Board shall elect a chairperson from
17among its members.
18    Members of the Board shall receive compensation for their
19services at the rate of $150 per day, not to exceed $10,000 per
20year, as designated by the Director for each day required for
21transacting the business of the Board and shall be reimbursed
22for necessary expenses incurred in the performance of their
23duties. The Board shall meet from time to time at the call of
24the Department, at the call of the chairperson, or upon the
25request of 3 of its members, but shall not meet less than 4
26times per year.



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1    (b) (Blank).
2    (c) An Advisory Board on Necropsy Service to Coroners,
3which shall counsel and advise with the Director on the
4administration of the Autopsy Act. The Advisory Board shall
5consist of 11 members, including a senior citizen age 60 or
6over, appointed by the Governor, one of whom shall be
7designated as chairman by a majority of the members of the
8Board. In the appointment of the first Board the Governor
9shall appoint 3 members to serve for terms of 1 year, 3 for
10terms of 2 years, and 3 for terms of 3 years. The members first
11appointed under Public Act 83-1538 shall serve for a term of 3
12years. All members appointed thereafter shall be appointed for
13terms of 3 years, except that when an appointment is made to
14fill a vacancy, the appointment shall be for the remaining
15term of the position vacant. The members of the Board shall be
16citizens of the State of Illinois. In the appointment of
17members of the Advisory Board the Governor shall appoint 3
18members who shall be persons licensed to practice medicine and
19surgery in the State of Illinois, at least 2 of whom shall have
20received post-graduate training in the field of pathology; 3
21members who are duly elected coroners in this State; and 5
22members who shall have interest and abilities in the field of
23forensic medicine but who shall be neither persons licensed to
24practice any branch of medicine in this State nor coroners. In
25the appointment of medical and coroner members of the Board,
26the Governor shall invite nominations from recognized medical



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1and coroners organizations in this State respectively. Board
2members, while serving on business of the Board, shall receive
3actual necessary travel and subsistence expenses while so
4serving away from their places of residence.
5(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17;
6revised 7-17-19.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.