Full Text of SB2734 99th General Assembly
SB2734eng 99TH GENERAL ASSEMBLY |
| | SB2734 Engrossed | | LRB099 20471 MJP 44985 b |
|
| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Advisory Board for the Maternal and Child Health Block Grant | 6 | | Programs Act. | 7 | | Section 5. Legislative findings and purpose. The General | 8 | | Assembly 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 |
| | | SB2734 Engrossed | - 2 - | LRB099 20471 MJP 44985 b |
|
| 1 | | budget for State fiscal year 2014. | 2 | | Therefore, it is the purpose of the new and amendatory | 3 | | provisions of this Act to complete the transfer of programs and | 4 | | responsibility for direction of Illinois' maternal and child | 5 | | health efforts to the Department of Public Health and to | 6 | | complete the transfer of certain statutory authority and | 7 | | regulations, appropriations, programs, property, and | 8 | | personnel, including the personnel, hardware, and software for | 9 | | principal management information systems, from the Department | 10 | | of Human Services to the Department of Public Health, which has | 11 | | already 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 | 14 | | Health 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 | 18 | | Health Block Grant Programs.
| 19 | | (a) The Advisory Board for the Maternal and Child Health | 20 | | Block Grant Programs is created within the Department to advise | 21 | | the Department on programs and activities related to maternal | 22 | | and child health in the State of Illinois. | 23 | | The Board shall consist of the Director's designee | 24 | | responsible for maternal and child health programs, who shall |
| | | SB2734 Engrossed | - 3 - | LRB099 20471 MJP 44985 b |
|
| 1 | | serve as the Chair of the Board; the Department's Title V | 2 | | administrator, if the Director's designee is not serving in the | 3 | | capacity of Title V Director at the Department; one | 4 | | representative each from the Department of Children and Family | 5 | | Services, the Department of Human Services, and the Department | 6 | | of Healthcare and Family Services, appointed by the Director or | 7 | | Secretary of each Department; the Director of the University of | 8 | | Illinois at Chicago's Division of Specialized Care for | 9 | | Children; 4 members of the General Assembly, one each appointed | 10 | | by the President and Minority Leader of the Senate and the | 11 | | Speaker and Minority Leader of the House of Representatives; | 12 | | and 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 |
| | | SB2734 Engrossed | - 4 - | LRB099 20471 MJP 44985 b |
|
| 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 | 14 | | represent the racial, ethnic, and geographic diversity of the | 15 | | State's population and shall include representatives of local | 16 | | health departments, other direct service providers, and | 17 | | faculty of the University of Illinois at Chicago School of | 18 | | Public Health Center of Excellence in Maternal and Child | 19 | | Health.
| 20 | | Legislative members shall serve during their term of office | 21 | | in the General Assembly. Members appointed by the Director | 22 | | shall serve a term of 4 years or until their successors are | 23 | | appointed. | 24 | | Any member appointed to fill a vacancy occurring prior to | 25 | | the expiration of the term for which his or her predecessor was | 26 | | appointed shall be appointed for the remainder of such term. |
| | | SB2734 Engrossed | - 5 - | LRB099 20471 MJP 44985 b |
|
| 1 | | Members of the Board shall serve without compensation but shall | 2 | | be reimbursed for necessary expenses incurred in the | 3 | | performance of their duties. | 4 | | (b) The Board shall advise the Director on improving the | 5 | | well-being of mothers, fathers, infants, children, families, | 6 | | and adults, considering both physical and social determinants | 7 | | of health, and using a life-span approach to health promotion | 8 | | and disease prevention in the State of Illinois. In addition, | 9 | | the Board shall review and make recommendations to the | 10 | | Department and the Governor in regard to the system for | 11 | | maternal and child health programs, collaboration, and | 12 | | interrelation between and delivery of programs, both within the | 13 | | Department and with related programs in other departments. In | 14 | | performing its duties, the Board may hold hearings throughout | 15 | | the State and advise and receive advice from any local advisory | 16 | | bodies created to address maternal and child health. | 17 | | (c) The Board may offer recommendations and feedback | 18 | | regarding the development of the State's annual Maternal and | 19 | | Child Health Services Block Grant application and report as | 20 | | well as the periodic needs assessment.
| 21 | | Section 90. The Department of Public Health Powers and | 22 | | Duties Law of the
Civil Administrative Code of Illinois is | 23 | | amended by adding Section 2310-450 as follows: | 24 | | (20 ILCS 2310/2310-450 new) |
| | | SB2734 Engrossed | - 6 - | LRB099 20471 MJP 44985 b |
|
| 1 | | Sec. 2310-450. Office for maternal and child health. | 2 | | (a) The Department shall be responsible for administration | 3 | | of the Maternal and Child Health Services Block Grant | 4 | | authorized by Title V of the federal Social Security Act. The | 5 | | Department shall be responsible for maternal and child health | 6 | | programs and for preparation and submission of the annual | 7 | | application, annual report, and periodic needs assessment | 8 | | required for the receipt of these funds. | 9 | | (b) The Department shall be responsible for the | 10 | | administration of the Family Planning Program award to the | 11 | | State of Illinois from Title X of the federal Public Health | 12 | | Service Act (42 U.S.C. 300). | 13 | | (c) All of the rights, powers, duties, and functions vested | 14 | | by law or that otherwise pertain to the programs and services | 15 | | transferred to the Department by this amendatory Act of the | 16 | | 99th General Assembly are transferred to the Department by July | 17 | | 1, 2016. | 18 | | (d) The Department may adopt rules necessary to implement | 19 | | this Section. This Section does not affect the legality of any | 20 | | rules that are in force on the effective date of this Section | 21 | | that have been duly adopted by the Department of Human Services | 22 | | in its administration of the Maternal and Child Health Services | 23 | | Block Grant. Those rules shall transfer to the Department and | 24 | | continue in effect until amended or repealed, except that | 25 | | references to a predecessor department shall, in appropriate | 26 | | contexts, be deemed to refer to the successor department under |
| | | SB2734 Engrossed | - 7 - | LRB099 20471 MJP 44985 b |
|
| 1 | | this Section. Any rules proposed prior to the effective date | 2 | | shall also transfer to the Department. | 3 | | (e) Personnel employed by the Department of Human Services' | 4 | | Division of Family and Community Services who are employed in | 5 | | the programs and services transferred by this amendatory Act of | 6 | | the 99th General Assembly, including any nursing or performance | 7 | | management services, are transferred to the Department by July | 8 | | 1, 2016. | 9 | | (f) The rights of State employees, the State, and its | 10 | | agencies under the Personnel Code and applicable collective | 11 | | bargaining agreements and retirement plans are not affected by | 12 | | this Section. | 13 | | (g) The Department of Central Management Services shall | 14 | | establish a sufficient number of full-time positions at the | 15 | | Department, based on a review of at least 5 years of the | 16 | | Department of Human Services' official time study records, in | 17 | | order to provide for effective administration of these | 18 | | programs, and, if necessary, effect a corresponding decrease in | 19 | | authorized positions in the Department of Human Services, in | 20 | | order to effect this transfer by July 1, 2016. | 21 | | (h) All books, records, documents, property (real and | 22 | | personal), including office space, unencumbered | 23 | | appropriations, and pending business pertaining to the rights, | 24 | | powers, duties, and functions transferred to the Department | 25 | | under this Section shall be transferred and delivered to the | 26 | | Department by July 1, 2016. |
| | | SB2734 Engrossed | - 8 - | LRB099 20471 MJP 44985 b |
|
| 1 | | (i) All of the general revenue funds, other State funds, | 2 | | and federal funds authorized for use by and for programs and | 3 | | services transferred to the Department by this amendatory Act | 4 | | of the 99th General Assembly shall be transferred and delivered | 5 | | to the Department by July 1, 2016. | 6 | | (j) In the case of books, records, or documents that | 7 | | pertain both to a function transferred to the Department under | 8 | | this Section and to a function retained by a predecessor agency | 9 | | or office, the Director and the Secretary of Human Services | 10 | | shall determine whether the books, records, or documents shall | 11 | | be transferred, copied, or left with the predecessor agency or | 12 | | office; until this determination has been made, the transfer of | 13 | | these materials shall not take effect. | 14 | | (k) In the case of property or an unexpended appropriation | 15 | | that pertains both to a function transferred to the Department | 16 | | under this Section and to a function retained by the Department | 17 | | of Human Services, the Director of Public Health and the | 18 | | Secretary of Human Services shall determine whether the | 19 | | property or unexpended appropriation shall be transferred, | 20 | | divided, or left with the predecessor agency or office; until | 21 | | this determination has been made (and, in the case of an | 22 | | unexpended appropriation, notice of the determination has been | 23 | | filed with the State Comptroller), the transfer shall not take | 24 | | effect. | 25 | | (l) In the case of administrative functions performed by | 26 | | other units within the Department of Human Services and for the |
| | | SB2734 Engrossed | - 9 - | LRB099 20471 MJP 44985 b |
|
| 1 | | allocation of State or federal funds that benefited the | 2 | | programs transferred by this amendatory Act of the 99th General | 3 | | Assembly as well as other divisions within the Department of | 4 | | Human Services, the Director of Public Health and the Secretary | 5 | | of Human Services shall establish interagency agreements to | 6 | | continue these services and distribute these funds after July | 7 | | 1, 2016. | 8 | | (410 ILCS 212/20 rep.) | 9 | | (410 ILCS 212/25 rep.) | 10 | | Section 95. The Illinois Family Case Management Act is | 11 | | amended by repealing Sections 20 and 25. | 12 | | Section 100. The Prenatal and Newborn Care Act is amended | 13 | | by changing Section 7 as follows:
| 14 | | (410 ILCS 225/7) (from Ch. 111 1/2, par. 7027)
| 15 | | Sec. 7. Advisory board consultation. The Department shall | 16 | | consult
with the Maternal and Child Health Advisory Board | 17 | | created under the Advisory Board for the Maternal and Child | 18 | | Health Block Grant Programs Act Illinois Family Case Management | 19 | | Act regarding the
implementation of this program. In addition, | 20 | | the Board shall advise the
Department on the coordination of | 21 | | services provided under this program with
services provided | 22 | | under the Illinois Family Case Management Act and the Problem
| 23 | | Pregnancy Health Services and Care Act.
|
| | | SB2734 Engrossed | - 10 - | LRB099 20471 MJP 44985 b |
|
| 1 | | (Source: P.A. 94-407, eff. 8-2-05.)
| 2 | | Section 110. The Developmental Disability Prevention Act | 3 | | is amended by changing Section 8 as follows:
| 4 | | (410 ILCS 250/8) (from Ch. 111 1/2, par. 2108)
| 5 | | Sec. 8.
The Department of Public Health, in cooperation | 6 | | with the
Department of Human Services, shall establish | 7 | | guidelines for the
development of areawide or local programs | 8 | | designed to prevent high risk
pregnancies through early | 9 | | identification, screening, management, and
followup of the | 10 | | childbearing age high risk female. Such programs shall be
based | 11 | | on the local assessment typically by schools, health | 12 | | departments,
hospitals, perinatal centers, and local medical | 13 | | societies of need and with
emphasis on the coordination of | 14 | | existing resources private and public and
in conjunction with | 15 | | local health planning agencies. Funding needs for
| 16 | | demonstration and continuing programs shall be determined by | 17 | | the Department
of Human Services and Department of Public | 18 | | Health under their respective programs and reported to the | 19 | | General Assembly
along with the guidelines for such programs.
| 20 | | (Source: P.A. 89-507, eff. 7-1-97.)
| 21 | | Section 999. Effective date. This Act takes effect upon | 22 | | becoming law.
|
|