State of Illinois
92nd General Assembly
Legislation

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92_SB0536

 
                                               LRB9207949DJmg

 1        AN ACT in relation to tobacco.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4                    Article 1. General Provisions

 5        Section 1-1.  Short title.  This Act may be cited as  the
 6    Tobacco Settlement Recovery Fund Uses Act.

 7        Section  1-5.   Findings. The General Assembly finds that
 8    as a result of a national settlement, tobacco companies  have
 9    agreed  to  make  substantial  payments  to  Illinois.  These
10    moneys are being paid to reimburse  the  State  for  expenses
11    related to smoking and to help prevent future tobacco-related
12    expenses  to  the  State.  The General Assembly further finds
13    that all of the moneys received as a result  of  the  tobacco
14    settlement  should  be  deposited into the Tobacco Settlement
15    Recovery Fund and that the proceeds of  this  fund  shall  be
16    used  to  promote tobacco use prevention and reduction and to
17    improve the health of the citizens of Illinois.

18       Article 5. Tobacco Use Prevention and Reduction Program

19        Section 5-5.  Findings.  The General Assembly finds  that
20    tobacco use in Illinois  is a significant economic and social
21    burden   and   that   tobacco  use  remains  the  number  one
22    preventable cause of death in Illinois and across the  United
23    States.

24        Section 5-10. Definitions. In this Article:
25        "Advisory  council"  means  the Comprehensive Tobacco Use
26    Prevention and Reduction Program Advisory Council.
27        "CDC" means the federal Centers for Disease  Control  and
 
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 1    Prevention.
 2        "CDC guidelines" means the CDC tobacco use prevention and
 3    reduction guidelines.
 4        "Department" means the Department of Public Health.
 5        "Director" means the Director of Public Health.
 6        "Program"  means the Comprehensive Tobacco Use Prevention
 7    and Reduction Program created under Section 5-15.

 8        Section 5-15. Program created. The Tobacco Use Prevention
 9    and Reduction Program is created in the Department of  Public
10    Health.   The  purpose  of  the  program is to reduce tobacco
11    consumption in  Illinois  and  prevent  and  control  chronic
12    diseases with respect to which tobacco is a risk factor.  The
13    Director must coordinate tobacco use prevention and reduction
14    activities  among  all State agencies.  All activities funded
15    under the program must be gender-neutral.

16        Section 5-20. Program goal. The goal of the program is to
17    implement the CDC guidelines and to promote heath and  reduce
18    tobacco-related disease, disability, and death.

19        Section 5-25. Strategic plan.
20        (a)  The  Department  must  prepare  a  strategic plan in
21    accordance with the CDC guidelines for comprehensive  tobacco
22    use  prevention and reduction. The strategic plan must do the
23    following:
24             (1) Put emphasis  on  prevention  and  reduction  of
25        tobacco  use by minorities, pregnant women, children, and
26        youth.
27             (2) Encourage teen and adult smoking cessation.
28             (3) Produce and  distribute  information  concerning
29        the dangers of tobacco use and concerning tobacco-related
30        diseases.
31             (4)  Provide  research  on  issues  related  to  the
 
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 1        reduction of tobacco use.
 2             (5) Address enforcement of  laws concerning sales of
 3        tobacco to youth.
 4             (6)   Review  the  health  and  economic  impact  of
 5        second-hand smoke.
 6             (7) Undertake other activities that the  Department,
 7        in  consultation  with  the  advisory  council, considers
 8        necessary and appropriate  in  accordance  with  the  CDC
 9        guidelines.
10        (b)  The  strategic  plan  must set goals for 5 years and
11    must, at a minimum, include the following 4 components:
12             (1) Community interventions.
13             (2) Public awareness and education.
14             (3) Program policy and regulation.
15             (4) Surveillance and evaluation.
16        (c) The strategic plan must  be  updated  at  least  once
17    every  2  years  and must be provided to the General Assembly
18    and the Governor.  The strategic plan must be made  available
19    to the public.
20        (d)  The  Department  must submit an annual report to the
21    Governor  and  the  General   Assembly   concerning   program
22    activities.   These  annual reports must be made available to
23    the public.

24        Section 5-30. Funding.  Pursuant to the  strategic  plan,
25    the  Department  must  carry out, or provide funding to other
26    governmental agencies  or  not-for-profit  organizations,  or
27    both,  to carry out, research and programs related to tobacco
28    use   prevention   and   reduction.    The   Department,   in
29    consultation with the  advisory  council,  must  establish  a
30    process,  including  guidelines  and  evaluation criteria, to
31    ensure program funding that meets the intent of this Section.

32        Section 5-35. Advisory council.

 
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 1        (a)  The  Comprehensive  Tobacco   Use   Prevention   and
 2    Reduction  Program  Advisory Council is established to advise
 3    the Department on issues related to  the  program,  including
 4    the  development  and  implementation  of  the strategic plan
 5    under Section 5-25.
 6        (b) The advisory council must consist of the following 14
 7    members appointed by the Governor with the  approval  of  the
 8    Senate:
 9             (1)   One  representative  from  the  American  Lung
10        Association.
11             (2) One  representative  from  the  American  Cancer
12        Society.
13             (3)  One  representative  from  the  American  Heart
14        Association.
15             (4)  One  representative from the Illinois Coalition
16        Against Tobacco.
17             (5) One representative from the Illinois Association
18        of Public Health Administrators.
19             (6) One representative from the Illinois Academy  of
20        Family Physicians.
21             (7)  One representative from the Illinois Chapter of
22        the American Academy of Pediatrics.
23             (8)  One  representative  from  the  Illinois  State
24        Medical Society.
25             (9)  One  representative  of  the  Illinois   Nurses
26        Association.
27             (10)   Three   representatives   of  community-based
28        organizations  who  have  demonstrated  a  commitment  to
29        reducing tobacco use.
30             (11) One representative from the  Illinois  research
31        community with expertise in tobacco research.
32             (12)  One  representative  with  experience  in mass
33        marketing and media.
34        (c) The advisory council members must have experience and
 
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 1    expertise in tobacco use prevention and control.
 2        (d) The advisory council must select a  chairperson  from
 3    its members and must meet at least once each calendar quarter
 4    or at times determined by the Director.
 5        (e)  The  members  of  the  advisory  council  must serve
 6    without compensation but are entitled  to  reimbursement  for
 7    their  reasonable and necessary expenses actually incurred in
 8    conducting program business.
 9        (f) Members must serve for terms of 3 years, except  that
10    the initial appointments must be made as follows:
11             (1) Five members must be appointed for 3 years.
12             (2) Five members must be appointed for 4 years.
13             (3) Four members must be appointed for 5 years.
14        Members  appointed  to  fill  vacancies  occurring before
15    expiration of the predecessors' term  are  entitled  to  hold
16    office for the remainder of the term.

17        Section  5-40. Department of Public Aid tobacco cessation
18    programs. The Department of Public Aid must implement tobacco
19    use cessation programs for recipients of public aid under the
20    Illinois Public Aid Code.  The programs must cover counseling
21    by health care professionals or providers and pharmacological
22    support as indicated.

23            Article 15. Community Health Center Expansion

24        Section 15-5. Definitions. In this Article:
25        "Community health center site" means a new physical  site
26    where  a  community health center will provide primary health
27    care services to either a medically underserved population or
28    area or the uninsured population of this State.
29        "Community provider" means a not-for-profit health clinic
30    in Illinois providing services  to  a  medically  underserved
31    population in a medically underserved area.
 
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 1        "Department"  means  the  Illinois  Department  of Public
 2    Health.
 3        "Medically underserved area" means an urban or rural area
 4    designated by the Secretary of the United  States  Department
 5    of  Health  and  Human Services as an area with a shortage of
 6    personal health services.
 7        "Medically  underserved   population"   means   (i)   the
 8    population  of  an  urban  or  rural  area  designated by the
 9    Secretary of the United States Department of Health and Human
10    Services as an  area  with  a  shortage  of  personal  health
11    services  or  (ii)  a  population  group  designated  by  the
12    Secretary as having a shortage of those services.
13        "Primary health care services" means the following:
14             (1)  Basic   health   services   consisting  of  the
15        following:
16                  (A)  Health   services   related   to    family
17             medicine, internal medicine, pediatrics, obstetrics,
18             or  gynecology that are furnished by physicians and,
19             if   appropriate,   physician   assistants,    nurse
20             practitioners, and nurse midwives.
21                  (B)  Diagnostic   laboratory   and   radiologic
22             services.
23                  (C)  Preventive  health services, including the
24             following:
25                       (i)  Prenatal and perinatal services.
26                       (ii)  Screenings for breast  and  cervical
27                  cancer.
28                       (iii)  Well-child services.
29                       (iv)  Immunizations                against
30                  vaccine-preventable diseases.
31                       (v)  Screenings  for  elevated  blood lead
32                  levels, communicable diseases, and cholesterol.
33                       (vi)  Pediatric  eye,  ear,   and   dental
34                  screenings to determine the need for vision and
 
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 1                  hearing correction and dental care.
 2                       (vii) Voluntary family planning services.
 3                       (viii) Preventive dental services.
 4                  (D)  Emergency medical services.
 5                  (E)  Pharmaceutical services as appropriate for
 6             particular health centers.
 7             (2)  Referrals  to providers of medical services and
 8        other health-related services (including substance  abuse
 9        and mental health services).
10             (3)  Patient  case  management  services  (including
11        counseling,  referral,  and follow-up services) and other
12        services designed to assist  health  center  patients  in
13        establishing   eligibility  for  and  gaining  access  to
14        federal,  State,  and  local  programs  that  provide  or
15        financially support the  provision  of  medical,  social,
16        educational, or other related services.
17             (4)  Services  that  enable  individuals  to use the
18        services of the health  center  (including  outreach  and
19        transportation  services  and, if a substantial number of
20        the  individuals  in  the  population  are   of   limited
21        English-speaking  ability,  the  services  of appropriate
22        personnel fluent in the language spoken by a  predominant
23        number of those individuals).
24             (5)  Education   of   patients   and   the   general
25        population  served  by  the  health  center regarding the
26        availability and proper use of health services.
27             (6)  Additional  health   services   consisting   of
28        services that are appropriate to meet the health needs of
29        the  population  served by the health center involved and
30        that may include the following:
31                  (A)  Environmental health  services,  including
32             the following:
33                       (i)  Detection    and    alleviation    of
34                  unhealthful  conditions  associated  with water
 
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 1                  supply.
 2                       (ii)  Sewage treatment.
 3                       (iii)  Solid waste disposal.
 4                       (iv)  Detection and alleviation of  rodent
 5                  and parasite infestation.
 6                       (v)  Field sanitation.
 7                       (vi)  Housing.
 8                       (vii)  Other environmental factors related
 9                  to health.
10                  (B)  Special occupation-related health services
11             for  migratory  and  seasonal  agricultural workers,
12             including the following:
13                       (i)  Screening   for   and   control    of
14                  infectious    diseases,   including   parasitic
15                  diseases.
16                       (ii)  Injury  prevention  programs,  which
17                  may include prevention of  exposure  to  unsafe
18                  levels  of  agricultural  chemicals,  including
19                  pesticides.
20        "Uninsured  population"  means  persons  who  do  not own
21    private health care  insurance,  are  not  part  of  a  group
22    insurance plan, and are not eligible for any State or federal
23    government-sponsored health care program.

24        Section  15-10.  Grants. The Department shall establish a
25    community health center expansion grant program and may  make
26    grants   to   eligible   community   providers   subject   to
27    appropriations for that purpose.  The grants shall be for the
28    purpose of (i) establishing new community health center sites
29    to   provide   primary  health  care  services  to  medically
30    underserved populations or areas as defined in  Section  15-5
31    or  (ii)  providing  primary  health  care  services  to  the
32    uninsured  population of Illinois.  Grants under this Section
33    shall be for periods of 3 years.  The Department may make new
 
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 1    grants whenever the total amount appropriated for  grants  is
 2    sufficient to fund both the new grants and the grants already
 3    in  effect.   A  recipient  of  a  grant  to  establish a new
 4    community health center site must add each such site  to  the
 5    recipient's  established service network. The grant recipient
 6    must complete this process by the end of the second  year  of
 7    the grant.

 8        Section   15-13.  Public   notice   and   comment.    The
 9    Department  shall  adopt,  by rule, public notice and comment
10    procedures.  Public notice of a grant request must  be  given
11    to the health care professionals, the health care facilities,
12    and  the  public  in  the  general  area served by the entity
13    requesting  the  grant.    This  notice  may  be   given   by
14    publication  in  a  newspaper  of  general circulation in the
15    general area.  Comments must be accepted for a minimum  of  a
16    30-day  period.   Any  comments  that  are  received  must be
17    reviewed by the Department in determining whether or  not  to
18    make a grant.

19        Section  15-15. Eligibility for grant. To be eligible for
20    a grant under this Article, a recipient must be  a  community
21    provider as defined in Section 15-5.

22        Section  15-20.  Use  of  grant  moneys. A recipient of a
23    grant under this Article may use the grant moneys to  do  any
24    one or more of the following:
25             (1)  Purchase equipment.
26             (2)  Acquire   a   new  physical  location  for  the
27        purposes of delivering primary health care services.
28             (3)  Hire and train staff.
29             (4)  Develop new practice networks.
30             (5)  Purchase  services  or   products   that   will
31        facilitate the provision of health care services at a new
 
                            -10-               LRB9207949DJmg
 1        community health center site.

 2        Section  15-25. Reporting. Within 60 days after the first
 3    and second years of the grant made pursuant to this  Article,
 4    the  grant  recipient  must  submit  a progress report to the
 5    Office of Rural Health within the Department. The  Department
 6    shall  ensure  that each grant recipient is meeting the goals
 7    and  objectives  stated  in  the  original   grant   proposal
 8    submitted  by the recipient, that grant moneys are being used
 9    for appropriate purposes, and that residents of the community
10    are being served by the  new  community  health  center  site
11    established with grant moneys.

12             Article 20. Local Public Health Priorities

13        Section  20-5.  Findings. The General Assembly finds that
14    local public health departments develop plans for  addressing
15    significant   public  health  concerns,  including,  but  not
16    limited to, access  to  care,  asthma,  breast  and  cervical
17    cancer,  cardiovascular  disease,  depression, infant health,
18    infectious    diseases    including    HIV,     immunization,
19    tuberculosis,   injury,   substance   abuse,   and   violence
20    prevention.

21        Section 20-10.  Definitions.  In this Article:
22        "Department" means the Department of Public Health.
23        "Program"   means  the  Local  Public  Health  Priorities
24    Program created under Section 20-15.

25        Section 20-15.  Program established.   The  Local  Public
26    Health Priorities Program is established in the Department to
27    fund the local public health department priorities identified
28    in Section 20-5.
 
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 1        Section   20-20.   Grants   to   certified  local  health
 2    departments. The program must provide grants to any certified
 3    local health department in the  State  meeting  the  criteria
 4    established   by   the   Department,   to   work  with  local
 5    community-based organizations to allow  the  certified  local
 6    health departments to achieve local priorities as outlined in
 7    the  certified local health department's Illinois Project for
 8    Local Assessment of Needs approved by the Department.  Grants
 9    must  be made to each certified local health department using
10    a distribution plan based on the formula used  to  distribute
11    moneys  under  the  Local  Health  Protection  Grants.  Sixty
12    percent of the moneys allocated to the program must be  spent
13    for the grants.

14        Section  20-25. Health department system development. The
15    program must provide  competitive  grants  to  any  certified
16    local  health  department  in  the State meeting the criteria
17    established by the Department,  to  allow  the  local  health
18    departments  to  develop  systems to improve preparedness for
19    and responses to both acute and chronic threats to the health
20    of Illinois citizens, including, but not limited to, emerging
21    infections, disparities in health status, and chronic  injury
22    rates.   Grants  must  be made to each certified local health
23    department based on the  need  for  the  improvement.   Forty
24    percent  of the moneys allocated to the program must be spent
25    for the grants.

26                  Article 25.  Biomedical research

27        Section 25-5.  Definition.  In  this  Article,  "program"
28    means  the  Biomedical  Research  Program  established  under
29    Section 25-10.

30        Section  25-10. Establishment of program.  The Biomedical
 
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 1    Research  Program  is  established.  The  program   must   be
 2    administered by the Illinois Board of Higher Education, which
 3    must  establish  a  program  office with a director and other
 4    necessary staff in order to conduct the program. With respect
 5    to the program, the Board of Higher Education must do all  of
 6    the following:
 7             (1) Set policy for the program.
 8             (2)  Provide  overall  direction and coordination of
 9        the program.
10             (3) Award grants under the program.
11             (4)  Provide  staff  assistance  to  the  Biomedical
12        Research Program Advisory Council and peer review  panels
13        as necessary.
14             (5)  Provide  for  periodic  program  evaluation  to
15        ensure that work funded is consistent with program goals.
16             (6)  Maintain  a  system  of financial reporting and
17        accountability.
18             (7) Transmit  periodic  programmatic  and  financial
19        reports to the State.
20             (8)  Provide  for  the  systematic  dissemination of
21        research results to the health care community and to  the
22        public.
23             (9)  Develop  policies  and procedures to facilitate
24        the  translation  of  research  results  into  commercial
25        applications.
26             (10) Inform interested parties of  the  availability
27        of research grants under the program.

28        Section 25-15. Goals. The Biomedical Research Program has
29    the following goals:
30             (1)  To  improve  the  health  of  the  citizens  of
31        Illinois.
32             (2)  To improve scientific understanding with regard
33        to  the  mechanisms  that   cause   disease,   especially
 
                            -13-               LRB9207949DJmg
 1        tobacco-related  diseases  and other conditions linked to
 2        smoking and tobacco use (for example, addiction).
 3             (3) To improve treatments  for  disease,  especially
 4        tobacco-related diseases.
 5             (4) To increase capacity for biomedical research.
 6             (5)  To increase applications of biomedical research
 7        discoveries and technology transfer to the  biotechnology
 8        industry.

 9        Section 25-20. Advisory council.
10        (a)  The  Biomedical Research Program Advisory Council is
11    established.  The  advisory  council  must  consist  of   the
12    following members:
13             (1)  One  member from each university with a medical
14        school located in Illinois and its  affiliated  hospital,
15        nominated  in  consultation  with  the  president  of the
16        university.
17             (2) Three members representing professional  medical
18        organizations.
19             (3) One member each from an Illinois chapter of each
20        of  the 3 national voluntary health organizations leading
21        efforts  to  reduce  tobacco  use:  the  American  Cancer
22        Society, the American Heart Association, and the American
23        Lung Association.
24             (4) One member from a State  agency  concerned  with
25        tobacco use control.
26             (5)   One   member  representing  the  biotechnology
27        industry.
28        (b) Each of the members described in subsection (a)  must
29    be  appointed  by the Governor with the advise and consent of
30    the Senate.
31        (c) Members are entitled only to reimbursement  of  their
32    reasonable  travel  expenses  actually incurred in performing
33    their duties.
 
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 1        (d)  The  advisory  council  is   responsible   for   the
 2    following:
 3             (1)   Providing   advice  to  the  Board  of  Higher
 4        Education on priorities and emphases  of  the  Biomedical
 5        Research Program.
 6             (2) Providing advice on the overall program budget.
 7             (3) Participating in periodic program evaluation.
 8             (4)  Assisting  in  the development of guidelines to
 9        ensure fairness, neutrality, and quality in  the  conduct
10        of the program.
11             (5)  Assisting  in  the  development  of appropriate
12        linkages  to  nonacademic  entities  including,  but  not
13        limited to, voluntary organizations, health care  service
14        providers,  industry,  government  agencies,  and  public
15        officials.
16             (6)  Overseeing  the  formula  funding process under
17        subsection (a)  of  Section  25-30,  including  reviewing
18        proposals  for  funding and making recommendations to the
19        Board of Higher Education for grant awards.
20             (7) Overseeing the competitive funding process under
21        Section 25-30, including determining  the  focus  of  and
22        procedures  for  solicitations and peer review; selecting
23        qualified  and  appropriate  reviewers  for  peer  review
24        panels from outside Illinois in order to avoid  conflicts
25        of  interest; and reviewing peer review panel reports and
26        making recommendations to the Board of  Higher  Education
27        for grant awards.

28        Section 25-25. Eligible expenditures.
29        (a)  Expenditures from the program are allowable based on
30    the criteria set forth in subsections (b) through (d).
31        (b) Eligible biomedical research is defined as  including
32    not   only   basic  and  clinical  research  but  also  basic
33    behavioral research and epidemiological research that address
 
                            -15-               LRB9207949DJmg
 1    topics such as those described in subsection (c).
 2        (c) Eligible biomedical research topics include, but  are
 3    not  limited  to,  the  following diseases or conditions, for
 4    which smoking or tobacco use has been  established  to  be  a
 5    risk factor contributing to illness or disability:
 6             (1) Coronary heart disease.
 7             (2) Cerebrovascular disease.
 8             (3)  Cancer, including cancers of the mouth, larynx,
 9        esophagus, lung, bladder, kidney, and pancreas.
10             (4)  Chronic  obstructive  lung  disease,  including
11        emphysema, chronic bronchitis, asthma, and  related  lung
12        disorders.
13             (5)  Other  diseases  or  conditions  that  have  an
14        established  link or a probable link (for example, breast
15        cancer, prostate cancer,  colon  cancer)  to  smoking  or
16        tobacco use.
17        (d)   "Eligible   biomedical  research  costs"  mean  the
18    following:
19             (1) Direct costs of performing  eligible  biomedical
20        research.
21             (2) Indirect costs of performing eligible biomedical
22        research as defined by federal cost-accounting guidelines
23        for federally sponsored research and reimbursable at each
24        institution's   current   negotiated   rate  for  federal
25        indirect cost recovery.
26             (3) Capital costs of performing eligible  biomedical
27        research  under the program, including related laboratory
28        expansion or renovation and purchase of equipment.  These
29        capital expenditures are not eligible for  indirect  cost
30        recovery.
31             (4) Capital costs that are not related to a specific
32        research  project  but  that  enhance  the  institution's
33        capacity   for   biomedical   research.   These   capital
34        expenditures are not eligible for indirect cost recovery.
 
                            -16-               LRB9207949DJmg
 1             (5)  Expenses  of  up to 5% of the moneys awarded to
 2        each  institution   for   translational   research   that
 3        facilitates   the   application  of  biomedical  research
 4        discoveries and technology transfer to the  biotechnology
 5        industry and ultimately to the public. These expenses are
 6        eligible   for  indirect  cost  recovery  as  defined  in
 7        paragraph (2).

 8        Section 25-30. Distribution of moneys.
 9        (a)  Illinois  universities  with  medical  schools   and
10    affiliated  hospitals  as  a group are to be allocated 50% of
11    the total amount appropriated for the program.  These  moneys
12    must  be  distributed  among  these  universities  using  the
13    following formula:
14             (1)  Each  university must be allocated base funding
15        equal to 5% of the 50% allocated under this subsection.
16             (2) Each university must then be allocated, from the
17        remainder of the 50% allocated under this  subsection,  a
18        proportionate  amount  based  on  the  ratio of the total
19        previous  federal  fiscal  year  National  Institutes  of
20        Health funding for each university with a medical  school
21        and  affiliated  hospital  to  the total previous federal
22        fiscal year National Institutes of Health funding for all
23        the  Illinois  universities  with  medical  schools   and
24        affiliated hospitals in aggregate.
25             (3)  Each  university, in order to receive and spend
26        its formula-allocated moneys, must submit  proposals  and
27        must  receive  approval  by  the  advisory  council based
28        solely on compliance with the  eligibility  criteria  set
29        forth in Section 25-25.
30        (b)  The  remaining  50% of the total amount appropriated
31    for the program must be available for competitive funding  of
32    biomedical research among all not-for-profit organizations in
33    the  State  that perform biomedical research, including those
 
                            -17-               LRB9207949DJmg
 1    universities included in subsection (a). Each  applicant,  in
 2    order   to  receive  and  spend  these  moneys,  must  submit
 3    proposals for biomedical research based  on  the  eligibility
 4    criteria set forth in Section 25-25 and must receive approval
 5    by  the  advisory  council.  The competitive funding shall be
 6    awarded by the Illinois Board of Higher  Education  based  on
 7    the  recommendations  of the advisory council after reviewing
 8    the reports of the peer review panels.

 9                     Article 35. Advisory Panel

10        Section  35-5.  The  Tobacco  Settlement  Recovery   Fund
11    Advisory  Panel  is established.  The  advisory panel must be
12    comprised of the following 7 members: one member representing
13    the  Comprehensive  Tobacco  Use  Prevention  and   Reduction
14    Program   Advisory   Council,  one  member  representing  the
15    Department of Public Aid, one member representing a Certified
16    Local  Health  Department,  one   member   representing   the
17    Biomedical  Research  Program  Advisory  Council,  one member
18    representing the Illinois State Medical Society,  one  member
19    representing a voluntary health organization dedicated to the
20    reduction  of  tobacco use, and the Director of Public Health
21    or his  or  her  designee.   Members  are  entitled  only  to
22    reimbursement  of  their  reasonable travel expenses actually
23    incurred in performing their duties.

24        Section 35-10. Meetings; report. The advisory panel  must
25    meet at least once each calendar quarter and must monitor the
26    programs established under this Act.  The advisory panel must
27    submit  an  annual  a  report to the Governor and the General
28    Assembly.  The report must include a recommendation regarding
29    the appropriations necessary to fund the programs established
30    in Articles 5 through 25 of this Act.
 
                            -18-               LRB9207949DJmg
 1                Article 40. Miscellaneous Provisions

 2        Section 40-5.  Administration of Act.
 3        (a)  The Department  of  Public  Health  must  administer
 4    Articles  5,  15,  20,  and  35  and may adopt reasonable and
 5    necessary rules to implement each of those Articles.
 6        (b)  The  Illinois  Board  of   Higher   Education   must
 7    administer  Article  25 of this Act and may adopt  reasonable
 8    and necessary rules to implement that Article.

 9        Section   40-10.   Judicial   review   prohibited.    The
10    Department of Public Health's final decisions on grants under
11    Articles 5, 10, and 20 are not appealable under the  Illinois
12    Administrative  Review  Law.   The  Illinois  Board of Higher
13    Education's final decisions on grants under  Article  25  are
14    not appealable under the Illinois Administrative Review Law.

15        Section  40-15. Severability.  The provisions of this Act
16    and each Article are severable  under  Section  1.31  of  the
17    Statute on Statues.

18                  Article 90. Amendatory Provisions

19        Section  90-5.  The Civil Administrative Code of Illinois
20    is amended by adding Section 2310-295 as follows:

21        (20 ILCS 2310/2310-295 new)
22        Sec. 2310-295.  Free medical clinic grants.   From moneys
23    appropriated  from the Tobacco Settlement Recovery Fund,  the
24    Department  must  make  grants  to  free  medical  clinics as
25    defined in  Section  30  of  the   Good  Samaritan   Act  for
26    purposes  of  funding health care services.  Sixty percent of
27    the total amount appropriated  under  this  Section  must  be
28    disbursed   to  all  eligible applicants.   Forty percent  of
 
                            -19-               LRB9207949DJmg
 1    that total amount must be disbursed  to  eligible  applicants
 2    based  on  specific  criteria  prescribed by  the Department.
 3    The  Department must adopt rules to implement this Section.

 4        Section  90-7.  The  State  Finance  Act  is  amended  by
 5    changing Section 6z-43 as follows:

 6        (30 ILCS 105/6z-43)
 7        Sec. 6z-43. Tobacco Settlement Recovery Fund.
 8        (a)  There is created in the  State  Treasury  a  special
 9    fund  to  be  known  as the Tobacco Settlement Recovery Fund,
10    into which shall be deposited all monies paid  to  the  State
11    pursuant  to  (1)  the Master Settlement Agreement entered in
12    the case of People of the State of Illinois v. Philip Morris,
13    et al. (Circuit Court of Cook County, No. 96-L13146) and  (2)
14    any  settlement  with or judgment against any tobacco product
15    manufacturer other  than  one  participating  in  the  Master
16    Settlement Agreement in satisfaction of any released claim as
17    defined  in  the  Master Settlement Agreement, as well as any
18    other monies as  provided  by  law.   All  earnings  on  Fund
19    investments  shall  be  deposited  into  the  Fund.  Upon the
20    creation of the Fund, the State Comptroller shall  order  the
21    State  Treasurer to transfer into the Fund any monies paid to
22    the State as described in item (1) or  (2)  of  this  Section
23    before  the  creation of the Fund plus any interest earned on
24    the investment of those monies.  The Treasurer may invest the
25    moneys in the Fund in the same manner, in the same  types  of
26    investments,  and subject to the same limitations provided in
27    the Illinois Pension Code for the investment of pension funds
28    other than those established under Article  3  or  4  of  the
29    Code.
30        (b)  As soon as may be practical after June 30, 2001, the
31    State  Comptroller shall direct and the State Treasurer shall
32    transfer the unencumbered balance in the  Tobacco  Settlement
 
                            -20-               LRB9207949DJmg
 1    Recovery   Fund   as   of  June  30,  2001  into  the  Budget
 2    Stabilization Fund.  The Treasurer may invest the  moneys  in
 3    the Budget Stabilization Fund in the same manner, in the same
 4    types  of  investments,  and  subject to the same limitations
 5    provided in the Illinois Pension Code for the  investment  of
 6    pension funds other than those established under Article 3 or
 7    4 of the Code.
 8        (c)  Appropriations  from the Tobacco Settlement Recovery
 9    Fund are subject to  the  Tobacco  Settlement  Recovery  Fund
10    Appropriations  Act  and the Tobacco Settlement Recovery Fund
11    Uses Act.
12    (Source: P.A. 91-646, eff.  11-19-99;  91-704,  eff.  7-1-00;
13    91-797, eff. 6-9-00; revised 6-28-00.)

14        Section  90-15.  The Senior Citizens and Disabled Persons
15    Property Tax Relief  and  Pharmaceutical  Assistance  Act  is
16    amended by changing Section 4 as follows:

17        (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
18        Sec. 4.  Amount of Grant.
19        (a)  In  general. Any individual 65 years or older or any
20    individual who will become 65 years old during  the  calendar
21    year  in  which a claim is filed, and any surviving spouse of
22    such a claimant, who at the time of  death  received  or  was
23    entitled  to  receive a grant pursuant to this Section, which
24    surviving spouse will become 65 years of age  within  the  24
25    months  immediately  following the death of such claimant and
26    which surviving spouse but for his or her  age  is  otherwise
27    qualified  to  receive  a grant pursuant to this Section, and
28    any disabled person whose annual  household  income  is  less
29    than $14,000 for grant years before the 1998 grant year, less
30    than $16,000 for the 1998 and 1999 grant years, and less than
31    (i)  $21,218  for  a  household  containing  one person, (ii)
32    $28,480 for  a  household  containing  2  persons,  or  (iii)
 
                            -21-               LRB9207949DJmg
 1    $35,740  for a household containing 3 or more persons for the
 2    2000 grant year, and less than (i) $24,000  for  a  household
 3    containing   one   person,   (ii)  $30,000  for  a  household
 4    containing 2  persons,  or  (iii)  $33,000  for  a  household
 5    containing  3  or  more  persons  for the 2001 grant year and
 6    thereafter and whose  household  is  liable  for  payment  of
 7    property taxes accrued or has paid rent constituting property
 8    taxes  accrued  and is domiciled in this State at the time he
 9    files his claim is entitled to claim a grant under this  Act.
10    With  respect  to claims filed by individuals who will become
11    65 years old during the calendar year in  which  a  claim  is
12    filed,  the  amount  of  any grant to which that household is
13    entitled shall be an amount equal to 1/12 of  the  amount  to
14    which the claimant would otherwise be entitled as provided in
15    this Section, multiplied by the number of months in which the
16    claimant  was  65  in the calendar year in which the claim is
17    filed.
18        (b)  Limitation.   Except  as   otherwise   provided   in
19    subsections  (a)  and (f) of this Section, the maximum amount
20    of grant which a claimant is entitled to claim is the  amount
21    by  which  the  property  taxes  accrued  which  were paid or
22    payable  during  the  last  preceding  tax   year   or   rent
23    constituting  property  taxes  accrued  upon  the  claimant's
24    residence  for the last preceding taxable year exceeds 3 1/2%
25    of the claimant's household income for that year  but  in  no
26    event  is the grant to exceed (i) $700 less 4.5% of household
27    income for that year for those with  a  household  income  of
28    $14,000 or less or (ii) $70 if household income for that year
29    is more than $14,000.
30        (c)  Public  aid  recipients.  If household income in one
31    or more months during a  year  includes  cash  assistance  in
32    excess  of $55 per month from the Department of Public Aid or
33    the Department of Human Services (acting as successor to  the
34    Department  of  Public  Aid  under  the  Department  of Human
 
                            -22-               LRB9207949DJmg
 1    Services Act)  which was determined under regulations of that
 2    Department on a measure of need that  included  an  allowance
 3    for  actual  rent  or property taxes paid by the recipient of
 4    that assistance, the amount of grant to which that  household
 5    is  entitled, except as otherwise provided in subsection (a),
 6    shall be the product of (1) the maximum  amount  computed  as
 7    specified in subsection (b) of this Section and (2) the ratio
 8    of  the  number  of  months in which household income did not
 9    include such cash assistance over $55 to the  number  twelve.
10    If household income did not include such cash assistance over
11    $55  for  any months during the year, the amount of the grant
12    to which the household  is  entitled  shall  be  the  maximum
13    amount  computed  as  specified  in  subsection  (b)  of this
14    Section.   For  purposes  of  this   paragraph   (c),   "cash
15    assistance"  does  not  include any amount received under the
16    federal Supplemental Security Income (SSI) program.
17        (d)  Joint ownership.  If title to the residence is  held
18    jointly  by the claimant with a person who is not a member of
19    his household, the amount of property taxes accrued  used  in
20    computing  the  amount of grant to which he is entitled shall
21    be the same percentage of property taxes accrued  as  is  the
22    percentage   of   ownership  held  by  the  claimant  in  the
23    residence.
24        (e)  More than one residence.  If a claimant has occupied
25    more than one residence in the taxable  year,  he  may  claim
26    only  one  residence for any part of a month.  In the case of
27    property taxes accrued, he shall pro rate 1/12 of  the  total
28    property taxes accrued on his residence to each month that he
29    owned  and  occupied that residence; and, in the case of rent
30    constituting property taxes  accrued,  shall  pro  rate  each
31    month's  rent  payments  to  the  residence actually occupied
32    during that month.
33        (f)  There   is   hereby   established   a   program   of
34    pharmaceutical assistance to  the  aged  and  disabled  which
 
                            -23-               LRB9207949DJmg
 1    shall  be  administered  by the Department in accordance with
 2    this Act, to consist of payments to authorized pharmacies, on
 3    behalf of beneficiaries of the program,  for  the  reasonable
 4    costs  of  covered  prescription drugs.  Each beneficiary who
 5    pays $5 for an identification card shall  pay  no  additional
 6    prescription  costs.    Each  beneficiary who pays $25 for an
 7    identification  card  shall  pay  $3  per  prescription.   In
 8    addition, after a beneficiary  receives  $2,000  in  benefits
 9    during  a State fiscal year through December 31, 2001 and, on
10    and after January  1,  2002,  after  a  beneficiary  receives
11    $2,000  in  benefits during a calendar year, that beneficiary
12    shall also be charged 20% of the cost  of  each  prescription
13    for  which  payments  are  made  by  the  program  during the
14    remainder of the fiscal year through December 31,  2001  and,
15    on  and  after  January  1, 2002, during the remainder of the
16    calendar year.  To become a beneficiary under this program  a
17    person  must  be:  (1)  (i)  65  years  or older, or (ii) the
18    surviving spouse of such a claimant, who at the time of death
19    received or was entitled to receive benefits pursuant to this
20    subsection, which surviving spouse will become  65  years  of
21    age  within  the 24 months immediately following the death of
22    such claimant and which surviving spouse but for his  or  her
23    age  is  otherwise  qualified to receive benefits pursuant to
24    this subsection, or (iii) disabled, and (2) is  domiciled  in
25    this State at the time he files his or her claim, and (3) has
26    a  maximum  household  income  of less than $14,000 for grant
27    years before the 1998 grant year, less than $16,000  for  the
28    1998  and  1999  grant years, and less than (i) $21,218 for a
29    household containing one person, (ii) $28,480 for a household
30    containing 2  persons,  or  (iii)  $35,740  for  a  household
31    containing  3  more persons for the 2000 grant year, and less
32    than (i) $24,000 for a household containing one person,  (ii)
33    $30,000  for  a  household  containing  2  persons,  or (iii)
34    $33,000 for a household containing 3 or more persons for  the
 
                            -24-               LRB9207949DJmg
 1    2001  grant  year  and thereafter. In addition, each eligible
 2    person must  (1)  obtain  an  identification  card  from  the
 3    Department,  (2)  at  the  time  the card is obtained, sign a
 4    statement assigning to the State of Illinois  benefits  which
 5    may  be  otherwise claimed under any private insurance plans,
 6    (3)  present  the  identification  card  to  the   dispensing
 7    pharmacist.
 8        Whenever  a generic equivalent for a covered prescription
 9    drug is available, the Department shall  reimburse  only  for
10    the  reasonable  costs  of  the  generic equivalent, less the
11    co-pay established in this Section, unless  (i)  the  covered
12    prescription drug contains one or more ingredients defined as
13    a  narrow  therapeutic  index drug at 21 CFR 320.33, (ii) the
14    prescriber indicates on the face of the  prescription  "brand
15    medically necessary", and (iii) the prescriber specifies that
16    a  substitution  is  not  permitted.   When  issuing  an oral
17    prescription for covered prescription medication described in
18    item (i) of this paragraph, the  prescriber  shall  stipulate
19    "brand  medically  necessary"  and that a substitution is not
20    permitted.   If  the  covered  prescription  drug   and   its
21    authorizing  prescription  do  not  meet  the criteria listed
22    above,  the  beneficiary   may   purchase   the   non-generic
23    equivalent  of  the  covered  prescription drug by paying the
24    difference between the generic cost and the non-generic  cost
25    plus the beneficiary co-pay.
26        Any   person   otherwise   eligible   for  pharmaceutical
27    assistance under this Act whose covered drugs are covered  by
28    any  public  program for assistance in purchasing any covered
29    prescription drugs shall be ineligible for  assistance  under
30    this  Act  to the extent such costs are covered by such other
31    plan.
32        The  fee  to  be  charged  by  the  Department  for   the
33    identification  card  shall  be equal to $5 per coverage year
34    for persons below the official poverty line as defined by the
 
                            -25-               LRB9207949DJmg
 1    United States Department of Health and Human Services and $25
 2    per coverage year  for  all  other  persons.  On  and  before
 3    December   31,   2001,  coverage  under  this  pharmaceutical
 4    assistance program shall begin on  the  date  of  application
 5    approval and be in effect for 12 months. On and after January
 6    1,   2002,  coverage  under  this  pharmaceutical  assistance
 7    program shall be in effect on a calendar year basis.
 8        In the event that 2 or more persons are eligible for  any
 9    benefit   under  this  Act,  and  are  members  of  the  same
10    household,  (1)  each  such  person  shall  be  entitled   to
11    participate   in   the   pharmaceutical  assistance  program,
12    provided that he or she meets all other requirements  imposed
13    by  this  subsection  and  (2)  each  participating household
14    member contributes the fee required for that  person  by  the
15    preceding   paragraph   for   the  purpose  of  obtaining  an
16    identification card.
17    (Source: P.A. 90-650, eff.  7-27-98;  91-357,  eff.  7-29-99;
18    91-699, eff. 1-1-01.)

19                     Article 99. Effective Date

20        Section 99-99. Effective date. This Act takes effect upon
21    becoming law.

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