Illinois General Assembly - Full Text of SB2734
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Full Text of SB2734  99th General Assembly




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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 Block Grant to the Department of Public Health and to
6complete the transfer of certain statutory authority and
7regulations from the Department of Human Services to the
8Department of Public Health, which has already begun through
9the budget for State fiscal year 2016.
10    Section 10. Definitions. As used in this Act:
11    "Board" means the Advisory Board for the Maternal and Child
12Health Block Grant Programs.
13    "Department" means the Department of Public Health.
14    "Director" means the Director of Public Health.
15    Section 15. Advisory Board for the Maternal and Child
16Health Block Grant Programs.
17    (a) The Advisory Board for the Maternal and Child Health
18Block Grant Programs is created within the Department to advise
19the Department on programs and activities related to maternal
20and child health in the State of Illinois.
21    The Board shall consist of the Director's designee
22responsible for maternal and child health programs, who shall
23serve as the Chair of the Board; the Department's Title V
24administrator, if the Director's designee is not serving in the



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1capacity of Title V Director at the Department; one
2representative each from the Department of Children and Family
3Services, the Department of Human Services, and the Department
4of Healthcare and Family Services, appointed by the Director or
5Secretary of each Department; the Director of the University of
6Illinois at Chicago's Division of Specialized Care for
7Children; 4 members of the General Assembly, one each appointed
8by the President and Minority Leader of the Senate and the
9Speaker and Minority Leader of the House of Representatives;
10and 20 additional members appointed by the Director.
11    Of the members appointed by the Director:
12        (1) Two shall be physicians licensed to practice
13    medicine in all of its branches who currently serve
14    patients enrolled in maternal and child health programs
15    funded by the State of Illinois, one of whom shall be an
16    individual with a specialty in obstetrics and gynecology
17    and one of whom shall be an individual with a specialty in
18    pediatric medicine;
19        (2) Sixteen shall be persons with expertise in one or
20    more of the following areas, with no more than 3 persons
21    from each listed area of expertise and with preference
22    given to the areas of need identified by the most recent
23    State needs assessment: the health of women, infants, young
24    children, school-aged children, adolescents, and children
25    with special health care needs; public health;
26    epidemiology; behavioral health; nursing; social work;



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1    substance abuse prevention; juvenile justice; oral health;
2    child development; chronic disease prevention; health
3    promotion; and education; 5 of the 16 members shall
4    represent organizations that provide maternal and child
5    health services with funds from the Department; and
6        (3) either 2 consumers who have received services
7    through a Department-funded maternal and child health
8    program, 2 representatives from advocacy groups that
9    advocate on behalf of such consumers, or one such consumer
10    and one such representative of an advocacy group.
11    Members appointed by the Director shall be selected to
12represent the racial, ethnic, and geographic diversity of the
13State's population and shall include representatives of local
14health departments, other direct service providers, and
15faculty of the University of Illinois at Chicago School of
16Public Health Center of Excellence in Maternal and Child
18    Legislative members shall serve during their term of office
19in the General Assembly. Members appointed by the Director
20shall serve a term of 4 years or until their successors are
22    Any member appointed to fill a vacancy occurring prior to
23the expiration of the term for which his or her predecessor was
24appointed shall be appointed for the remainder of such term.
25Members of the Board shall serve without compensation but shall
26be reimbursed for necessary expenses incurred in the



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1performance of their duties.
2    (b) The Board shall advise the Director on improving the
3well-being of mothers, fathers, infants, children, families,
4and adults, considering both physical and social determinants
5of health, and using a life-span approach to health promotion
6and disease prevention in the State of Illinois. In addition,
7the Board shall review and make recommendations to the
8Department and the Governor in regard to the system for
9maternal and child health programs, collaboration, and
10interrelation between and delivery of programs, both within the
11Department and with related programs in other departments. In
12performing its duties, the Board may hold hearings throughout
13the State and advise and receive advice from any local advisory
14bodies created to address maternal and child health.
15    (c) The Board may offer recommendations and feedback
16regarding the development of the State's annual Maternal and
17Child Health Services Block Grant application and report as
18well as the periodic needs assessment.
19    Section 90. The Department of Public Health Powers and
20Duties Law of the Civil Administrative Code of Illinois is
21amended by adding Section 2310-450 as follows:
22    (20 ILCS 2310/2310-450 new)
23    Sec. 2310-450. Office for maternal and child health.
24    (a) The Department shall be responsible for administration



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1of the Maternal and Child Health Services Block Grant
2authorized by Title V of the federal Social Security Act. The
3Department shall be responsible for the Maternal and Child
4Health Block Grant and for preparation and submission of the
5annual application, annual report, and periodic needs
6assessment required for the receipt of these funds.
7    (b) The Department shall be responsible for the
8administration of the Family Planning Program award to the
9State of Illinois from Title X of the federal Public Health
10Service Act (42 U.S.C. 300).
11    (c) All of the rights, powers, duties, and functions vested
12by law or that otherwise pertain to the programs and services
13transferred to the Department by this amendatory Act of the
1499th General Assembly are transferred to the Department by July
151, 2016.
16    (d) The Department may adopt rules necessary to implement
17this Section. This Section does not affect the legality of any
18rules that are in force on the effective date of this Section
19that have been duly adopted by the Department of Human Services
20in its administration of the Maternal and Child Health Services
21Block Grant. Those rules shall transfer to the Department and
22continue in effect until amended or repealed, except that
23references to a predecessor department shall, in appropriate
24contexts, be deemed to refer to the successor department under
25this Section. Any rules proposed prior to the effective date
26shall also transfer to the Department.



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1    (e) The rights of State employees, the State, and its
2agencies under the Personnel Code and applicable collective
3bargaining agreements and retirement plans are not affected by
4this Section.
5    (f) The Department of Central Management Services shall
6establish a sufficient number of full-time positions at the
7Department, based on input from the Department of Human
8Services in order to provide for effective administration of
9these programs.
10    (g) All books, records, documents, and pending business
11pertaining to the rights, powers, duties, and functions
12transferred to the Department under this Section shall be
13transferred and delivered to the Department by July 1, 2016.
14    (h) In the case of books, records, or documents that
15pertain both to a function transferred to the Department under
16this Section and to a function retained by a predecessor agency
17or office, the Director and the Secretary of Human Services
18shall determine whether the books, records, or documents shall
19be transferred, copied, or left with the predecessor agency or
20office; until this determination has been made, the transfer of
21these materials shall not take effect.
22    (i) In the case of administrative functions performed by
23other units within the Department of Human Services and for the
24allocation of State or federal funds that benefited the
25programs transferred by this amendatory Act of the 99th General
26Assembly as well as other divisions within the Department of



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1Human Services, the Director of Public Health and the Secretary
2of Human Services shall establish interagency agreements to
3continue these services, as well as cooperation for purposes of
4federal match and maintenance of effort and distribution of
5funds after July 1, 2016.
6    (410 ILCS 212/20 rep.)
7    (410 ILCS 212/25 rep.)
8    Section 95. The Illinois Family Case Management Act is
9amended by repealing Sections 20 and 25.
10    Section 100. The Prenatal and Newborn Care Act is amended
11by changing Section 7 as follows:
12    (410 ILCS 225/7)  (from Ch. 111 1/2, par. 7027)
13    Sec. 7. Advisory board consultation. The Department shall
14consult with the Maternal and Child Health Advisory Board
15created under the Advisory Board for the Maternal and Child
16Health Block Grant Programs Act Illinois Family Case Management
17Act regarding the implementation of this program. In addition,
18the Board shall advise the Department on the coordination of
19services provided under this program with services provided
20under the Illinois Family Case Management Act and the Problem
21Pregnancy Health Services and Care Act.
22(Source: P.A. 94-407, eff. 8-2-05.)



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