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


Sen. Pamela J. Althoff

Filed: 3/29/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2734 by replacing
3everything after the enacting clause with the following:
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



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1    and directs resources to high-risk groups based on
2    epidemiological analysis in order to prevent disability,
3    disease, death, or other adverse circumstance, or what may
4    be termed a public health approach.
5        (3) The General Assembly began the transfer of maternal
6    and child health programs from the Department of Human
7    Services to the Department of Public Health through the
8    budget for State fiscal year 2014.
9    Therefore, it is the purpose of the new and amendatory
10provisions of this Act to complete the transfer of programs and
11responsibility for direction of Illinois' maternal and child
12health efforts to the Department of Public Health and to
13complete the transfer of certain statutory authority and
14regulations, appropriations, programs, property, and
15personnel, including the personnel, hardware, and software for
16principal management information systems, from the Department
17of Human Services to the Department of Public Health, which has
18already begun through the budget for State fiscal year 2016.
19    Section 10. Definitions. As used in this Act:
20    "Board" means the Advisory Board for the Maternal and Child
21Health Block Grant Programs.
22    "Department" means the Department of Public Health.
23    "Director" means the Director of Public Health.
24    Section 15. Advisory Board for the Maternal and Child



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1Health Block Grant Programs.
2    (a) The Advisory Board for the Maternal and Child Health
3Block Grant Programs is created within the Department to advise
4the Department on programs and activities related to maternal
5and child health in the State of Illinois.
6    The Board shall consist of the Director's designee
7responsible for maternal and child health programs, who shall
8serve as the Chair of the Board; the Department's Title V
9administrator, if the Director's designee is not serving in the
10capacity of Title V Director at the Department; one
11representative each from the Department of Children and Family
12Services, the Department of Human Services, and the Department
13of Healthcare and Family Services, appointed by the Director or
14Secretary of each Department; the Director of the University of
15Illinois at Chicago's Division of Specialized Care for
16Children; 4 members of the General Assembly, one each appointed
17by the President and Minority Leader of the Senate and the
18Speaker and Minority Leader of the House of Representatives;
19and 20 additional members appointed by the Director.
20    Of the members appointed by the Director:
21        (1) Two shall be physicians licensed to practice
22    medicine in all of its branches who currently serve
23    patients enrolled in maternal and child health programs
24    funded by the State of Illinois, one of whom shall be an
25    individual with a specialty in obstetrics and gynecology
26    and one of whom shall be an individual with a specialty in



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1    pediatric medicine;
2        (2) Sixteen shall be persons with expertise in one or
3    more of the following areas, with no more than 3 persons
4    from each listed area of expertise and with preference
5    given to the areas of need identified by the most recent
6    State needs assessment: the health of women, infants, young
7    children, school-aged children, adolescents, and children
8    with special health care needs; public health;
9    epidemiology; behavioral health; nursing; social work;
10    substance abuse prevention; juvenile justice; oral health;
11    child development; chronic disease prevention; health
12    promotion; and education; 5 of the 16 members shall
13    represent organizations that provide maternal and child
14    health services with funds from the Department; and
15        (3) either 2 consumers who have received services
16    through a Department-funded maternal and child health
17    program, 2 representatives from advocacy groups that
18    advocate on behalf of such consumers, or one such consumer
19    and one such representative of an advocacy group.
20    Members appointed by the Director shall be selected to
21represent the racial, ethnic, and geographic diversity of the
22State's population and shall include representatives of local
23health departments, other direct service providers, and
24faculty of the University of Illinois at Chicago School of
25Public Health Center of Excellence in Maternal and Child



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1    Legislative members shall serve during their term of office
2in the General Assembly. Members appointed by the Director
3shall serve a term of 4 years or until their successors are
5    Any member appointed to fill a vacancy occurring prior to
6the expiration of the term for which his or her predecessor was
7appointed shall be appointed for the remainder of such term.
8Members of the Board shall serve without compensation but shall
9be reimbursed for necessary expenses incurred in the
10performance of their duties.
11    (b) The Board shall advise the Director on improving the
12well-being of mothers, fathers, infants, children, families,
13and adults, considering both physical and social determinants
14of health, and using a life-span approach to health promotion
15and disease prevention in the State of Illinois. In addition,
16the Board shall review and make recommendations to the
17Department and the Governor in regard to the system for
18maternal and child health programs, collaboration, and
19interrelation between and delivery of programs, both within the
20Department and with related programs in other departments. In
21performing its duties, the Board may hold hearings throughout
22the State and advise and receive advice from any local advisory
23bodies created to address maternal and child health.
24    (c) The Board may offer recommendations and feedback
25regarding the development of the State's annual Maternal and
26Child Health Services Block Grant application and report as



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1well as the periodic needs assessment.
2    Section 90. The Department of Public Health Powers and
3Duties Law of the Civil Administrative Code of Illinois is
4amended by adding Section 2310-450 as follows:
5    (20 ILCS 2310/2310-450 new)
6    Sec. 2310-450. Office for maternal and child health.
7    (a) The Department shall be responsible for administration
8of the Maternal and Child Health Services Block Grant
9authorized by Title V of the federal Social Security Act. The
10Department shall be responsible for maternal and child health
11programs and for preparation and submission of the annual
12application, annual report, and periodic needs assessment
13required for the receipt of these funds.
14    (b) The Department shall be responsible for the
15administration of the Family Planning Program award to the
16State of Illinois from Title X of the federal Public Health
17Service Act (42 U.S.C. 300).
18    (c) All of the rights, powers, duties, and functions vested
19by law or that otherwise pertain to the programs and services
20transferred to the Department by this amendatory Act of the
2199th General Assembly are transferred to the Department by July
221, 2016.
23    (d) The Department may adopt rules necessary to implement
24this Section. This Section does not affect the legality of any



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1rules that are in force on the effective date of this Section
2that have been duly adopted by the Department of Human Services
3in its administration of the Maternal and Child Health Services
4Block Grant. Those rules shall transfer to the Department and
5continue in effect until amended or repealed, except that
6references to a predecessor department shall, in appropriate
7contexts, be deemed to refer to the successor department under
8this Section. Any rules proposed prior to the effective date
9shall also transfer to the Department.
10    (e) Personnel employed by the Department of Human Services'
11Division of Family and Community Services who are employed in
12the programs and services transferred by this amendatory Act of
13the 99th General Assembly, including any nursing or performance
14management services, are transferred to the Department by July
151, 2016.
16    (f) The rights of State employees, the State, and its
17agencies under the Personnel Code and applicable collective
18bargaining agreements and retirement plans are not affected by
19this Section.
20    (g) The Department of Central Management Services shall
21establish a sufficient number of full-time positions at the
22Department, based on a review of at least 5 years of the
23Department of Human Services' official time study records, in
24order to provide for effective administration of these
25programs, and, if necessary, effect a corresponding decrease in
26authorized positions in the Department of Human Services, in



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



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1divided, or left with the predecessor agency or office; until
2this determination has been made (and, in the case of an
3unexpended appropriation, notice of the determination has been
4filed with the State Comptroller), the transfer shall not take
6    (l) In the case of administrative functions performed by
7other units within the Department of Human Services and for the
8allocation of State or federal funds that benefited the
9programs transferred by this amendatory Act of the 99th General
10Assembly as well as other divisions within the Department of
11Human Services, the Director of Public Health and the Secretary
12of Human Services shall establish interagency agreements to
13continue these services and distribute these funds after July
141, 2016.
15    (410 ILCS 212/20 rep.)
16    (410 ILCS 212/25 rep.)
17    Section 95. The Illinois Family Case Management Act is
18amended by repealing Sections 20 and 25.
19    Section 100. The Prenatal and Newborn Care Act is amended
20by changing Section 7 as follows:
21    (410 ILCS 225/7)  (from Ch. 111 1/2, par. 7027)
22    Sec. 7. Advisory board consultation. The Department shall
23consult with the Maternal and Child Health Advisory Board



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1created under the Advisory Board for the Maternal and Child
2Health Block Grant Programs Act Illinois Family Case Management
3Act regarding the implementation of this program. In addition,
4the Board shall advise the Department on the coordination of
5services provided under this program with services provided
6under the Illinois Family Case Management Act and the Problem
7Pregnancy Health Services and Care Act.
8(Source: P.A. 94-407, eff. 8-2-05.)
9    Section 110. The Developmental Disability Prevention Act
10is amended by changing Section 8 as follows:
11    (410 ILCS 250/8)  (from Ch. 111 1/2, par. 2108)
12    Sec. 8. The Department of Public Health, in cooperation
13with the Department of Human Services, shall establish
14guidelines for the development of areawide or local programs
15designed to prevent high risk pregnancies through early
16identification, screening, management, and followup of the
17childbearing age high risk female. Such programs shall be based
18on the local assessment typically by schools, health
19departments, hospitals, perinatal centers, and local medical
20societies of need and with emphasis on the coordination of
21existing resources private and public and in conjunction with
22local health planning agencies. Funding needs for
23demonstration and continuing programs shall be determined by
24the Department of Human Services and Department of Public



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1Health under their respective programs and reported to the
2General Assembly along with the guidelines for such programs.
3(Source: P.A. 89-507, eff. 7-1-97.)
4    Section 999. Effective date. This Act takes effect upon
5becoming law.".