Full Text of SB2845 93rd General Assembly
SB2845enr 93RD GENERAL ASSEMBLY
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| AN ACT concerning public health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Excellence in Alzheimer's Disease Center Treatment Act. | 6 |
| Section 5. Purpose. This Act is intended to maintain and | 7 |
| enhance excellence in Alzheimer's disease treatment in | 8 |
| Illinois in order to develop strategies to treat and prevent | 9 |
| Alzheimer's disease in Illinois and across the United States, | 10 |
| ensure that all Illinois citizens obtain the highest quality | 11 |
| clinical care for Alzheimer's disease and other dementias, | 12 |
| reduce the enormous societal cost of this disease, ensure that | 13 |
| Illinois is a national center for Alzheimer's disease research, | 14 |
| and maintain and enhance Illinois' ability to attract | 15 |
| additional federal and private funding for these purposes. | 16 |
| Section 15. Definitions. As used in this Act: | 17 |
| "Academic medical center hospital" means a hospital | 18 |
| located in Illinois that is either (i) under common ownership | 19 |
| with the college of medicine of a college or university or (ii) | 20 |
| a free-standing hospital in which the majority of the clinical | 21 |
| chiefs of service are department chairmen in an affiliated | 22 |
| medical school.
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| "Qualified Academic Medical Center Hospital - Pre 1996 | 24 |
| Designation" means any academic medical center hospital that | 25 |
| was designated by the National Institutes of Health and | 26 |
| National Institutes on Aging as an Alzheimer's Disease Core (or | 27 |
| Research) Center prior to calendar year 1996. | 28 |
| "Qualified Academic Medical Center Hospital - Post 1996 | 29 |
| Designation" means any academic medical center hospital that | 30 |
| was designated by the National Institutes of Health and | 31 |
| National Institutes on Aging as an Alzheimer's Disease Core (or |
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| Research) Center in or after calendar year 1996 through | 2 |
| calendar year 2003. | 3 |
| "Medicaid inpatient day of care" means each day contained | 4 |
| in the Illinois Department of Public Aid's paid claims | 5 |
| database, including obstetrical days multiplied by two and | 6 |
| excluding Medicare crossover days, for dates of service | 7 |
| occurring during State fiscal year 1998 and adjudicated through | 8 |
| June 30, 1999. | 9 |
| Section 20. Funds created. | 10 |
| (a) The Alzheimer's Disease Center Clinical Fund is created | 11 |
| as a special fund in the State treasury, to which the General | 12 |
| Assembly shall from time to time appropriate funds and from | 13 |
| which the Comptroller shall pay amounts as authorized by law. | 14 |
| This Fund is exempt from the provisions of Section 8h of the | 15 |
| State Finance Act. | 16 |
| (b) The Alzheimer's Disease Center Expanded Clinical Fund | 17 |
| is created as a special fund in the State treasury, to which | 18 |
| the General Assembly shall from time to time appropriate funds | 19 |
| and from which the Comptroller shall pay amounts as authorized | 20 |
| by law. This Fund is exempt from the provisions of Section 8h | 21 |
| of the State Finance Act. | 22 |
| (c) The Alzheimer's Disease Center Independent Clinical | 23 |
| Fund is created as a special fund in the State treasury, to | 24 |
| which the General Assembly shall from time to time appropriate | 25 |
| funds and from which the Comptroller shall pay amounts as | 26 |
| authorized by law. This Fund is exempt from the provisions of | 27 |
| Section 8h of the State Finance Act. | 28 |
| Section 25. The Alzheimer's Disease Center Clinical Fund. | 29 |
| (a) Each institution defined as a Qualified Academic | 30 |
| Medical Center Hospital - Pre 1996 Designation shall be | 31 |
| eligible for payments from the Alzheimer's Disease Center | 32 |
| Clinical Fund. | 33 |
| (b) Appropriations allocated to this Fund shall be divided | 34 |
| among the qualifying hospitals. The Department of Public Aid |
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| shall calculate payment rates for each hospital qualifying | 2 |
| under this Section as follows: | 3 |
| (1) Hospitals that qualify under the Qualified | 4 |
| Academic Medical Center Hospital - Pre 1996 Designation | 5 |
| shall be paid a rate of $55.50 for each Medicaid inpatient | 6 |
| day of care.
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| (2) No qualifying hospital shall receive payments | 8 |
| under this Section that exceed $1,200,000. | 9 |
| (c) Payments under this Section shall be made at least | 10 |
| quarterly. | 11 |
| Section 30. The Alzheimer's Disease Center Expanded | 12 |
| Clinical Fund. | 13 |
| (a) Each institution defined as a Qualified Academic | 14 |
| Medical Center Hospital - Pre 1996 Designation or as a | 15 |
| Qualified Academic Medical Center Hospital - Post 1996 | 16 |
| Designation shall be eligible for payments from the Alzheimer's | 17 |
| Disease Center Expanded Clinical Fund. | 18 |
| (b) Appropriations allocated to this Fund shall be divided | 19 |
| among the qualifying hospitals. The Department of Public Aid | 20 |
| shall calculate payment rates for each hospital qualifying | 21 |
| under this Section as follows: | 22 |
| (1) Hospitals that are defined as a Qualifying Academic | 23 |
| Medical Center Hospital - Pre 1996 Designation shall be | 24 |
| paid $13.90 for each Medicaid inpatient day of care. | 25 |
| (2) Hospitals that are defined as a Qualifying Academic | 26 |
| Medical Center Hospital - Post 1996 Designation and do not | 27 |
| meet the Pre 1996 Designation criterion, shall be paid | 28 |
| $10.75 for each Medicaid inpatient day of care. | 29 |
| (3) Hospitals that qualify under the Pre and Post 1996 | 30 |
| Designation shall qualify for payments under this Section | 31 |
| according to the payment guidelines for Pre 1996 Designated | 32 |
| hospitals. | 33 |
| (4) No qualifying hospital shall receive payments | 34 |
| under this Section that exceed $300,000.
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| (c) Payments under this Section shall be made at least |
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| quarterly. | 2 |
| Section 35. The Alzheimer's Disease Center Independent | 3 |
| Clinical Fund. | 4 |
| (a) Each institution defined as a Qualified Academic | 5 |
| Medical Center Hospital - Pre 1996 Designation or as a | 6 |
| Qualified Academic Medical Center Hospital - Post 1996 | 7 |
| Designation may be eligible for payments from the Alzheimer's | 8 |
| Disease Center Independent Clinical Fund. | 9 |
| (b) Appropriations allocated to this Fund shall be | 10 |
| allocated to specific Qualified Academic Medical Center | 11 |
| Hospitals (either Pre 1996 or Post 1996 Designation) for | 12 |
| specific and unique clinical/research projects as determined | 13 |
| by the General Assembly. | 14 |
| (c) Payments under this Section shall be made at least | 15 |
| quarterly. | 16 |
| Section 40. Use of funds. Reimbursement for medical | 17 |
| services under this Act eligible for federal financial | 18 |
| participation under Title XIX of the Social Security Act shall | 19 |
| be used for the following 6 general purposes: | 20 |
| (1) Clinical Care. Funds disbursed to each Qualified | 21 |
| Academic Medical Center Hospital (either Pre 1996 or Post | 22 |
| 1996 Designation) must be used to support clinical care for | 23 |
| affected persons and their families. In addition to | 24 |
| providing clinical care, the Qualified Academic Medical | 25 |
| Center Hospitals (either Pre 1996 or Post 1996 Designation) | 26 |
| shall serve as models of multi-disciplinary diagnostic and | 27 |
| treatment facilities for Alzheimer's disease and other | 28 |
| dementias. | 29 |
| (2) Underserved Community Outreach. Funds disbursed to | 30 |
| each Qualified Academic Medical Center Hospital (either | 31 |
| Pre 1996 or Post 1996 Designation) must be used to support | 32 |
| some type of outreach program in underserved communities. | 33 |
| (3) Research. Funds disbursed to each Qualified | 34 |
| Academic Medical Center Hospital (either Pre 1996 or Post |
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| 1996 Designation) must be used to support research on aging | 2 |
| and dementia. | 3 |
| (4) Education. Funds disbursed to each Qualified | 4 |
| Academic Medical Center Hospital (either Pre 1996 or Post | 5 |
| 1996 Designation) must be used to support education | 6 |
| regarding aging and dementia. | 7 |
| (5) Brain Bank. Funds should be used by each Qualified | 8 |
| Academic Medical Center Hospital (either Pre 1996 or Post | 9 |
| 1996 Designation) to support a brain banking program. | 10 |
| (6) Administration. Funds, as needed, may be used to | 11 |
| cover administrative costs, facility costs, and other | 12 |
| costs commonly incurred by clinical, research, and | 13 |
| educational programs according to the rules governing each | 14 |
| Qualified Academic Medical Center Hospital (either Pre | 15 |
| 1996 or Post 1996 Designation). | 16 |
| Section 45. Payment of funds. The Comptroller shall | 17 |
| disburse all funds appropriated to the Alzheimer's Disease | 18 |
| Center Clinical Fund, the Alzheimer's Disease Center Expanded | 19 |
| Clinical Fund, and the Alzheimer's Disease Center Independent | 20 |
| Clinical Fund to the appropriate Qualified Academic Medical | 21 |
| Center Hospitals (either Pre 1996 or Post 1996 Designation) as | 22 |
| the funds are appropriated by the General Assembly and come due | 23 |
| under this Act. The payment of these funds shall be made | 24 |
| through the Department of Public Aid. | 25 |
| Section 50. Reporting requirements. Qualified Academic | 26 |
| Medical Center Hospitals (either Pre 1996 or Post 1996 | 27 |
| Designation) receiving payments from the Alzheimer's Disease | 28 |
| Center Clinical Fund, the Alzheimer's Disease Center Expanded | 29 |
| Clinical Fund, or the Alzheimer's Disease Center Independent | 30 |
| Clinical Fund shall submit annual reports to the Department of | 31 |
| Public Health and the ADA Advisory Committee. | 32 |
| Section 55. Payment methodology. The Department of Public | 33 |
| Aid shall promulgate rules necessary to make payments to the |
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| Qualifying Academic Medical Center Hospitals (either Pre 1996 | 2 |
| or Post 1996 Designation) utilizing a reimbursement | 3 |
| methodology consistent with this Act for distribution of all | 4 |
| moneys from the funds in a manner that would help ensure these | 5 |
| funds could be matchable to the maximum extent possible under | 6 |
| Title XIX of the Social Security Act. | 7 |
| Section 60. Reimbursements of payments by the State. | 8 |
| Nothing in this Act may be used to reduce reimbursements or | 9 |
| payments by the State to a Qualifying Academic Medical Center | 10 |
| Hospital (either Pre 1996 or Post 1996 Designation) under any | 11 |
| other Act. | 12 |
| Section 65. Contravention of law. Funds received under this | 13 |
| Act shall not be used in contravention of any law of this | 14 |
| State. | 15 |
| Section 900. The Department of Public Health Powers and | 16 |
| Duties Law of the
Civil Administrative Code of Illinois is | 17 |
| amended by changing Section 2310-215 as follows:
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| (20 ILCS 2310/2310-215) (was 20 ILCS 2310/55.62)
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| Sec. 2310-215. Center for Minority Health Services.
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| (a) The Department shall establish a Center for Minority | 21 |
| Health
Services to advise the Department on matters pertaining | 22 |
| to the health needs
of minority populations within the State.
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| (b) The Center shall have the following duties:
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| (1) To assist in the assessment of the health needs of | 25 |
| minority
populations in the State.
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| (2) To recommend treatment methods and programs that | 27 |
| are sensitive and
relevant to the unique linguistic, | 28 |
| cultural, and ethnic characteristics of
minority | 29 |
| populations.
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| (3) To provide consultation, technical assistance, | 31 |
| training programs, and
reference materials to service | 32 |
| providers, organizations, and other
agencies.
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| (4) To promote awareness of minority health concerns, | 2 |
| and
encourage, promote, and aid in the establishment of | 3 |
| minority services.
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| (5) To disseminate information on available minority | 5 |
| services.
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| (6) To provide adequate and effective opportunities | 7 |
| for minority
populations to express their views on | 8 |
| Departmental policy development and
program | 9 |
| implementation.
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| (7) To coordinate with the Department on Aging and the | 11 |
| Department of
Public Aid to coordinate services designed to | 12 |
| meet the needs of minority senior
citizens.
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| (8) To promote awareness of the incidence of | 14 |
| Alzheimer's disease and related dementias among minority | 15 |
| populations and to encourage, promote, and aid in the | 16 |
| establishment of prevention and treatment programs and | 17 |
| services relating to this health problem.
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| (c) For the purpose of this Section, "minority" shall mean | 19 |
| and include
any person or group of persons who are:
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| (1) African-American (a person having origins in any of | 21 |
| the black
racial groups in Africa);
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| (2) Hispanic (a person of Spanish or Portuguese culture | 23 |
| with origins
in Mexico, South or Central America, or the | 24 |
| Caribbean Islands, regardless of
race);
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| (3) Asian American (a person having origins in any of | 26 |
| the original
peoples of the Far East, Southeast Asia, the | 27 |
| Indian Subcontinent or the
Pacific Islands); or
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| (4) American Indian or Alaskan Native (a person having | 29 |
| origins in any
of the original peoples of North America).
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| (Source: P.A. 91-239, eff. 1-1-00.)
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| Section 905. The State Finance Act is amended by adding | 32 |
| Sections
5.625, 5.626, and 5.627 as follows:
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| (30 ILCS 105/5.625 new)
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| Sec. 5.625. The Alzheimer's Disease Center Clinical Fund. |
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| (30 ILCS 105/5.626 new)
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| Sec. 5.626. The Alzheimer's Disease Center Expanded | 3 |
| Clinical Fund. | 4 |
| (30 ILCS 105/5.627 new)
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| Sec. 5.627. The Alzheimer's Disease Center Independent | 6 |
| Clinical Fund. | 7 |
| Section 910. The Alzheimer's Disease Assistance Act is | 8 |
| amended by changing Sections 2, 6, and 7 as follows:
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| (410 ILCS 405/2) (from Ch. 111 1/2, par. 6952)
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| Sec. 2. Policy declaration. The General Assembly finds that
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| Alzheimer's disease and related disorders are devastating | 12 |
| health conditions
which destroy certain vital cells of the | 13 |
| brain and which affect an estimated
4,500,000
1,500,000
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| Americans. This means that approximately 200,000
111,000
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| Illinois
citizens are victims. The General Assembly also finds | 16 |
| that 50% of all
nursing home admissions in the State may be | 17 |
| attributable to the Alzheimer's
disease and related disorders | 18 |
| and that these conditions are the fourth
leading cause of death | 19 |
| among the elderly. It is the opinion of the General
Assembly | 20 |
| that Alzheimer's disease and related disorders cause serious
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| financial, social and emotional hardships on the victims and | 22 |
| their families
of such a major consequence that it is essential | 23 |
| for the State to develop and
implement policies, plans, | 24 |
| programs and services to alleviate such hardships.
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| The General Assembly recognizes that there is no known | 26 |
| cause or cure
of Alzheimer's disease at this time, and that it | 27 |
| can progress
over an extended period of time and to such a | 28 |
| degree that the victim's
deteriorated condition makes him or | 29 |
| her susceptible to other medical
disorders that generally prove | 30 |
| fatal. It is the intent of the General
Assembly, through | 31 |
| implementation of this Act, to establish a program for
the | 32 |
| conduct of research regarding the cause, cure and treatment of |
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| Alzheimer's
disease and related disorders; and, through
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| establishment of Regional Alzheimer's Disease Assistance | 3 |
| Centers and
a comprehensive, Statewide system of regional and | 4 |
| community-based services,
to provide for the identification, | 5 |
| evaluation, diagnosis, referral and
treatment of victims of | 6 |
| such health problems.
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| (Source: P.A. 85-1209.)
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| (410 ILCS 405/6) (from Ch. 111 1/2, par. 6956)
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| Sec. 6. ADA Advisory Committee. There is created the | 10 |
| Alzheimer's
Disease Advisory Committee consisting of 21 voting | 11 |
| members appointed by the
Director of the Department, as well as | 12 |
| 5 nonvoting members as hereinafter
provided in this Section. | 13 |
| The Director or his designee shall serve as one
of the 21 | 14 |
| voting members and as
the Chairman of the Committee. Those | 15 |
| appointed as voting members shall
include persons who are | 16 |
| experienced in
research and the delivery of services to victims | 17 |
| and their families.
Such members shall include 4 physicians | 18 |
| licensed to practice medicine in all of
its branches, one | 19 |
| representative of a postsecondary educational institution
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| which administers or is affiliated with a medical center in the | 21 |
| State, one
representative of a licensed hospital, one | 22 |
| registered nurse, one
representative of a long term care | 23 |
| facility under the Nursing Home Care
Act, one representative of | 24 |
| an area
agency on aging as defined by Section 3.07 of the | 25 |
| Illinois Act on the
Aging, one social worker, one | 26 |
| representative of an organization established
under the | 27 |
| Illinois Insurance Code for the purpose of providing health
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| insurance, 5 family members or representatives of victims of | 29 |
| Alzheimer's
disease and related disorders, and 4 members of the | 30 |
| general public. Among
the physician appointments shall be | 31 |
| persons with specialties in the fields
of neurology, family | 32 |
| medicine, psychiatry and pharmacology. Among the
general | 33 |
| public members, at least 2 appointments shall include persons | 34 |
| 65
years of age or older.
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| In addition to the 21 voting members, the Secretary of |
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| Human Services (or
his or her designee) and
one additional | 2 |
| representative of the Department of Human Services designated | 3 |
| by
the Secretary plus the Directors of the following
State | 4 |
| agencies or their designees shall serve as nonvoting members:
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| Department on Aging, Department
of Public Aid, and Guardianship | 6 |
| and Advocacy Commission.
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| Each voting member appointed by the
Director of Public | 8 |
| Health shall serve for a term of 2 years, and until his
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| successor is appointed and qualified. Members of the Committee | 10 |
| shall not
be compensated but shall be reimbursed for expenses | 11 |
| actually incurred in
the performance of their duties. No more | 12 |
| than 11 voting members may be of
the same political party. | 13 |
| Vacancies shall be filled in the same manner as
original | 14 |
| appointments.
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| The Committee shall review all State programs and services | 16 |
| provided by State agencies that are directed toward persons | 17 |
| with Alzheimer's disease and related dementias, and recommend | 18 |
| changes to improve the State's response to this serious health | 19 |
| problem. | 20 |
| (Source: P.A. 89-507, eff. 7-1-97.)
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| (410 ILCS 405/7) (from Ch. 111 1/2, par. 6957)
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| Sec. 7. Regional ADA center funding. Pursuant to
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| appropriations enacted by the General Assembly, the Department | 24 |
| shall
provide funds to hospitals affiliated with each
Regional | 25 |
| ADA Center for
necessary research and
for the development and | 26 |
| maintenance of services for victims of Alzheimer's
disease and | 27 |
| related disorders and their families. For the fiscal year
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| beginning July 1, 2003, and each year thereafter, the | 29 |
| Department shall effect
payments under this Section to | 30 |
| hospitals affiliated with each Regional ADA
Center through the | 31 |
| Illinois Department of Public Aid under the Excellence in | 32 |
| Alzheimer's Disease Center Treatment Act. The Department of | 33 |
| Public Aid shall annually report to the Advisory Committee | 34 |
| established under this Act regarding the funding of centers | 35 |
| under this Act . The Department shall
include the annual |
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| expenditures for this purpose in the plan required by
Section 5 | 2 |
| of this Act.
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| (Source: P.A. 93-20, eff. 6-20-03.)
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| Section 999. Effective date. This Act takes effect upon | 5 |
| becoming law.
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