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Public Act 099-0581 | ||||
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AN ACT concerning regulation.
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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 5. The State Employees Group Insurance Act of 1971 | ||||
is amended by changing Section 6.11A as follows: | ||||
(5 ILCS 375/6.11A) | ||||
Sec. 6.11A. Physical therapy and occupational therapy. | ||||
(a) The program of health benefits provided under this Act | ||||
shall provide coverage for medically necessary physical | ||||
therapy and occupational therapy when that therapy is ordered | ||||
for the treatment of autoimmune diseases or referred for the | ||||
same purpose by (i) a physician licensed under the Medical | ||||
Practice Act of 1987, (ii) a physician physician's assistant | ||||
licensed under the Physician Physician's Assistant Practice | ||||
Act of 1987, or (iii) an advanced practice nurse licensed under | ||||
the Nurse Practice Act. | ||||
(b) For the purpose of this Section, "medically necessary" | ||||
means any care, treatment, intervention, service, or item that | ||||
will or is reasonably expected to: | ||||
(i) prevent the onset of an illness, condition, injury, | ||||
disease, or disability; | ||||
(ii) reduce or ameliorate the physical, mental, or | ||||
developmental effects of an illness, condition, injury, |
disease, or disability; or | ||
(iii) assist the achievement or maintenance of maximum | ||
functional activity in performing daily activities. | ||
(c) The coverage required under this Section shall be | ||
subject to the same deductible, coinsurance, waiting period, | ||
cost sharing limitation, treatment limitation, calendar year | ||
maximum, or other limitations as provided for other physical or | ||
rehabilitative or occupational therapy benefits covered by the | ||
policy. | ||
(d) Upon request of the reimbursing insurer, the provider | ||
of the physical therapy or occupational therapy shall furnish | ||
medical records, clinical notes, or other necessary data that | ||
substantiate that initial or continued treatment is medically | ||
necessary. When treatment is anticipated to require continued | ||
services to achieve demonstrable progress, the insurer may | ||
request a treatment plan consisting of the diagnosis, proposed | ||
treatment by type, proposed frequency of treatment, | ||
anticipated duration of treatment, anticipated outcomes stated | ||
as goals, and proposed frequency of updating the treatment | ||
plan. | ||
(e) When making a determination of medical necessity for | ||
treatment, an insurer must make the determination in a manner | ||
consistent with the manner in which that determination is made | ||
with respect to other diseases or illnesses covered under the | ||
policy, including an appeals process. During the appeals | ||
process, any challenge to medical necessity may be viewed as |
reasonable only if the review includes a licensed health care | ||
professional with the same category of license as the | ||
professional who ordered or referred the service in question | ||
and with expertise in the most current and effective treatment.
| ||
(Source: P.A. 96-1227, eff. 1-1-11; 97-604, eff. 8-26-11.) | ||
Section 10. The Election Code is amended by changing | ||
Sections 19-12.1 and 19-13 as follows:
| ||
(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
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Sec. 19-12.1.
Any qualified elector who has secured an | ||
Illinois
Person with a Disability Identification Card in | ||
accordance with the Illinois
Identification Card Act, | ||
indicating that the person named thereon has a Class
1A or | ||
Class 2 disability or any qualified voter who has a permanent | ||
physical
incapacity of such a nature as to make it improbable | ||
that he will be
able to be present at the polls at any future | ||
election, or any
voter who is a resident of (i) a federally | ||
operated veterans' home, hospital, or facility located in | ||
Illinois or (ii) a facility licensed or certified pursuant to
| ||
the Nursing Home Care Act, the Specialized Mental Health | ||
Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||
the MC/DD Act and has a condition or disability of
such a | ||
nature as to make it improbable that he will be able to be | ||
present
at the polls at any future election, may secure a | ||
voter's identification card for persons with disabilities or a
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nursing home resident's identification card, which will enable | ||
him to vote
under this Article as a physically incapacitated or | ||
nursing home voter. For the purposes of this Section, | ||
"federally operated veterans' home, hospital, or facility" | ||
means the long-term care facilities at the Jesse Brown VA | ||
Medical Center, Illiana Health Care System, Edward Hines, Jr. | ||
VA Hospital, Marion VA Medical Center, and Captain James A. | ||
Lovell Federal Health Care Center.
| ||
Application for a voter's identification card for persons | ||
with disabilities or a nursing home resident's
identification | ||
card shall be made either: (a) in writing, with voter's
sworn | ||
affidavit, to the county clerk or board of election | ||
commissioners, as
the case may be, and shall be accompanied
by | ||
the affidavit of the attending physician , advanced practice | ||
nurse, or a physician assistant specifically describing the
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nature of the physical incapacity or the fact that the voter is | ||
a nursing
home resident and is physically unable to be present | ||
at the polls on election
days; or (b) by presenting, in writing | ||
or otherwise, to the county clerk
or board of election | ||
commissioners, as the case may be, proof that the
applicant has | ||
secured an Illinois Person with a Disability Identification | ||
Card
indicating that the person named thereon has a Class 1A or | ||
Class 2 disability.
Upon the receipt of either the sworn-to
| ||
application and the physician's , advanced practice nurse's, or | ||
a physician assistant's affidavit or proof that the applicant | ||
has
secured an Illinois Person with a Disability Identification |
Card indicating that the
person named thereon has a Class 1A or | ||
Class 2 disability, the county clerk
or board of election | ||
commissioners shall issue a voter's identification card for | ||
persons with disabilities or a
nursing home resident's | ||
identification
card. Such identification cards shall be issued | ||
for a
period of 5 years, upon the expiration of which time the | ||
voter may
secure a new card by making application in the same | ||
manner as is
prescribed for the issuance of an original card, | ||
accompanied by a new
affidavit of the attending physician , | ||
advanced practice nurse, or a physician assistant . The date of | ||
expiration of such
five-year period shall be made known to any | ||
interested person by the
election authority upon the request of | ||
such person. Applications for the
renewal of the identification | ||
cards shall be mailed to the voters holding
such cards not less | ||
than 3 months prior to the date of expiration of the cards.
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Each voter's identification card for persons with | ||
disabilities or nursing home resident's identification card
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shall bear an identification number, which shall be clearly | ||
noted on the voter's
original and duplicate registration record | ||
cards. In the event the
holder becomes physically capable of | ||
resuming normal voting, he must
surrender his voter's | ||
identification card for persons with disabilities or nursing | ||
home resident's identification
card to the county clerk or | ||
board of election commissioners before the next election.
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The holder of a voter's identification card for persons | ||
with disabilities or a nursing home resident's
identification |
card may make application by mail for an official ballot
within | ||
the time prescribed by Section 19-2. Such application shall | ||
contain
the same information as is
included in the form of | ||
application for ballot by a physically
incapacitated elector | ||
prescribed in Section 19-3 except that it shall
also include | ||
the applicant's voter's identification card for persons with | ||
disabilities card number
and except that it need not be sworn | ||
to. If an examination of the records
discloses that the | ||
applicant is lawfully entitled to vote, he shall be
mailed a | ||
ballot as provided in Section 19-4. The ballot envelope shall
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be the same as that prescribed in Section 19-5 for voters with | ||
physical disabilities, and the manner of voting and returning | ||
the ballot shall be the
same as that provided in this Article | ||
for other vote by mail ballots, except
that a statement to be | ||
subscribed to by the voter but which need not be
sworn to shall | ||
be placed on the ballot envelope in lieu of the affidavit
| ||
prescribed by Section 19-5.
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Any person who knowingly subscribes to a false statement in
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connection with voting under this Section shall be guilty of a | ||
Class A
misdemeanor.
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For the purposes of this Section, "nursing home resident" | ||
includes a resident of (i) a federally operated veterans' home, | ||
hospital, or facility located in Illinois or (ii) a facility | ||
licensed under the ID/DD Community Care Act, the MC/DD Act, or | ||
the Specialized Mental Health Rehabilitation Act of 2013. For | ||
the purposes of this Section, "federally operated veterans' |
home, hospital, or facility" means the long-term care | ||
facilities at the Jesse Brown VA Medical Center, Illiana Health | ||
Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical | ||
Center, and Captain James A. Lovell Federal Health Care Center. | ||
(Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15; | ||
99-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)
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(10 ILCS 5/19-13) (from Ch. 46, par. 19-13)
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Sec. 19-13. Any qualified voter who has been admitted to a | ||
hospital, nursing home, or rehabilitation center
due to an | ||
illness or physical injury not more than 14 days before an | ||
election
shall be entitled to personal delivery of a vote by | ||
mail ballot in the hospital, nursing home, or rehabilitation | ||
center
subject to the following conditions:
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(1) The voter completes the Application for Physically | ||
Incapacitated
Elector as provided in Section 19-3, stating as | ||
reasons therein that he is
a patient in ............... (name | ||
of hospital/home/center), ............... located
at, | ||
............... (address of hospital/home/center), | ||
............... (county,
city/village), was admitted for | ||
............... (nature of illness or
physical injury), on | ||
............... (date of admission), and does not
expect to be | ||
released from the hospital/home/center on or before the day of | ||
election or, if released, is expected to be homebound on the | ||
day of the election and unable to travel to the polling place.
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(2) The voter's physician , advanced practice nurse, or |
physician assistant completes a Certificate of Attending | ||
Health Care Professional Physician
in a form substantially as | ||
follows:
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CERTIFICATE OF ATTENDING HEALTH CARE PROFESSIONAL PHYSICIAN
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I state that I am a physician , advanced practice nurse, or | ||
physician assistant , duly licensed to practice in the State of
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.........; that .......... is a patient in .......... (name of | ||
hospital/home/center),
located at ............. (address of | ||
hospital/home/center), ................. (county,
| ||
city/village); that such individual was admitted for | ||
............. (nature
of illness or physical injury), on | ||
............ (date of admission); and
that I have examined such | ||
individual in the State in which I am licensed
to practice | ||
medicine and do not expect such individual to be released from
| ||
the hospital/home/center on or before the day of election or, | ||
if released, to be able to travel to the polling place on | ||
election day.
| ||
Under penalties as provided by law pursuant to Section | ||
29-10 of The Election
Code, the undersigned certifies that the | ||
statements set forth in this
certification are true and | ||
correct.
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(Signature) ...............
| ||
(Date licensed) ............
| ||
(3) Any person who is registered to vote in the same | ||
precinct as the admitted voter or any legal relative of the | ||
admitted voter may
present such voter's vote by mail ballot |
application, completed as prescribed
in paragraph 1, | ||
accompanied by the physician's , advanced practice nurse's, or a | ||
physician assistant's certificate, completed as
prescribed in | ||
paragraph 2, to the election authority.
Such precinct voter or | ||
relative shall execute and sign an affidavit furnished
by the | ||
election authority attesting that he is a registered voter in | ||
the
same precinct as the admitted voter or that he is a legal | ||
relative of
the admitted voter and stating the nature of the
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relationship. Such precinct voter or relative shall further | ||
attest that
he has been authorized by the admitted voter to | ||
obtain his or her vote by mail ballot
from the election | ||
authority and deliver such ballot to him in the hospital, home, | ||
or center.
| ||
Upon receipt of the admitted voter's application, | ||
physician's , advanced practice nurse's, or a physician | ||
assistant's
certificate, and the affidavit of the precinct | ||
voter or the relative, the
election authority shall examine the | ||
registration records to determine if
the applicant is qualified | ||
to vote and, if found to be qualified, shall
provide the | ||
precinct voter or the relative the vote by mail ballot for | ||
delivery
to the applicant.
| ||
Upon receipt of the vote by mail ballot, the admitted voter | ||
shall mark the
ballot in secret and subscribe to the | ||
certifications on the vote by mail ballot
return envelope. | ||
After depositing the ballot in the return envelope and
securely | ||
sealing the envelope, such voter shall give the envelope to the
|
precinct voter or the relative who shall deliver it to the | ||
election authority
in sufficient time for the ballot to be | ||
delivered by the election authority
to the election authority's | ||
central ballot counting location
before 7 p.m. on election day.
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Upon receipt of the admitted voter's vote by mail ballot,
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the ballot shall be counted in the manner prescribed in this | ||
Article.
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(Source: P.A. 98-1171, eff. 6-1-15 .)
| ||
Section 15. The Alcoholism and Other Drug Abuse and | ||
Dependency Act is amended by changing Section 5-23 as follows: | ||
(20 ILCS 301/5-23) | ||
Sec. 5-23. Drug Overdose Prevention Program. | ||
(a) Reports of drug overdose. | ||
(1) The Director of the Division of Alcoholism and | ||
Substance Abuse shall publish annually a report on drug | ||
overdose trends statewide that reviews State death rates | ||
from available data to ascertain changes in the causes or | ||
rates of fatal and nonfatal drug overdose. The report shall | ||
also provide information on interventions that would be | ||
effective in reducing the rate of fatal or nonfatal drug | ||
overdose and shall include an analysis of drug overdose | ||
information reported to the Department of Public Health | ||
pursuant to subsection (e) of Section 3-3013 of the | ||
Counties Code, Section 6.14g of the Hospital Licensing Act, |
and subsection (j) of Section 22-30 of the School Code. | ||
(2) The report may include: | ||
(A) Trends in drug overdose death rates. | ||
(B) Trends in emergency room utilization related | ||
to drug overdose and the cost impact of emergency room | ||
utilization. | ||
(C) Trends in utilization of pre-hospital and | ||
emergency services and the cost impact of emergency | ||
services utilization. | ||
(D) Suggested improvements in data collection. | ||
(E) A description of other interventions effective | ||
in reducing the rate of fatal or nonfatal drug | ||
overdose. | ||
(F) A description of efforts undertaken to educate | ||
the public about unused medication and about how to | ||
properly dispose of unused medication, including the | ||
number of registered collection receptacles in this | ||
State, mail-back programs, and drug take-back events. | ||
(b) Programs; drug overdose prevention. | ||
(1) The Director may establish a program to provide for | ||
the production and publication, in electronic and other | ||
formats, of drug overdose prevention, recognition, and | ||
response literature. The Director may develop and | ||
disseminate curricula for use by professionals, | ||
organizations, individuals, or committees interested in | ||
the prevention of fatal and nonfatal drug overdose, |
including, but not limited to, drug users, jail and prison | ||
personnel, jail and prison inmates, drug treatment | ||
professionals, emergency medical personnel, hospital | ||
staff, families and associates of drug users, peace | ||
officers, firefighters, public safety officers, needle | ||
exchange program staff, and other persons. In addition to | ||
information regarding drug overdose prevention, | ||
recognition, and response, literature produced by the | ||
Department shall stress that drug use remains illegal and | ||
highly dangerous and that complete abstinence from illegal | ||
drug use is the healthiest choice. The literature shall | ||
provide information and resources for substance abuse | ||
treatment. | ||
The Director may establish or authorize programs for | ||
prescribing, dispensing, or distributing opioid | ||
antagonists for the treatment of drug overdose. Such | ||
programs may include the prescribing of opioid antagonists | ||
for the treatment of drug overdose to a person who is not | ||
at risk of opioid overdose but who, in the judgment of the | ||
health care professional, may be in a position to assist | ||
another individual during an opioid-related drug overdose | ||
and who has received basic instruction on how to administer | ||
an opioid antagonist. | ||
(2) The Director may provide advice to State and local | ||
officials on the growing drug overdose crisis, including | ||
the prevalence of drug overdose incidents, programs |
promoting the disposal of unused prescription drugs, | ||
trends in drug overdose incidents, and solutions to the | ||
drug overdose crisis. | ||
(c) Grants. | ||
(1) The Director may award grants, in accordance with | ||
this subsection, to create or support local drug overdose | ||
prevention, recognition, and response projects. Local | ||
health departments, correctional institutions, hospitals, | ||
universities, community-based organizations, and | ||
faith-based organizations may apply to the Department for a | ||
grant under this subsection at the time and in the manner | ||
the Director prescribes. | ||
(2) In awarding grants, the Director shall consider the | ||
necessity for overdose prevention projects in various | ||
settings and shall encourage all grant applicants to | ||
develop interventions that will be effective and viable in | ||
their local areas. | ||
(3) The Director shall give preference for grants to | ||
proposals that, in addition to providing life-saving | ||
interventions and responses, provide information to drug | ||
users on how to access drug treatment or other strategies | ||
for abstaining from illegal drugs. The Director shall give | ||
preference to proposals that include one or more of the | ||
following elements: | ||
(A) Policies and projects to encourage persons, | ||
including drug users, to call 911 when they witness a |
potentially fatal drug overdose. | ||
(B) Drug overdose prevention, recognition, and | ||
response education projects in drug treatment centers, | ||
outreach programs, and other organizations that work | ||
with, or have access to, drug users and their families | ||
and communities. | ||
(C) Drug overdose recognition and response | ||
training, including rescue breathing, in drug | ||
treatment centers and for other organizations that | ||
work with, or have access to, drug users and their | ||
families and communities. | ||
(D) The production and distribution of targeted or | ||
mass media materials on drug overdose prevention and | ||
response, the potential dangers of keeping unused | ||
prescription drugs in the home, and methods to properly | ||
dispose of unused prescription drugs. | ||
(E) Prescription and distribution of opioid | ||
antagonists. | ||
(F) The institution of education and training | ||
projects on drug overdose response and treatment for | ||
emergency services and law enforcement personnel. | ||
(G) A system of parent, family, and survivor | ||
education and mutual support groups. | ||
(4) In addition to moneys appropriated by the General | ||
Assembly, the Director may seek grants from private | ||
foundations, the federal government, and other sources to |
fund the grants under this Section and to fund an | ||
evaluation of the programs supported by the grants. | ||
(d) Health care professional prescription of opioid | ||
antagonists. | ||
(1) A health care professional who, acting in good | ||
faith, directly or by standing order, prescribes or | ||
dispenses an opioid antagonist to: (a) a patient who, in | ||
the judgment of the health care professional, is capable of | ||
administering the drug in an emergency, or (b) a person who | ||
is not at risk of opioid overdose but who, in the judgment | ||
of the health care professional, may be in a position to | ||
assist another individual during an opioid-related drug | ||
overdose and who has received basic instruction on how to | ||
administer an opioid antagonist shall not, as a result of | ||
his or her acts or omissions, be subject to: (i) any | ||
disciplinary or other adverse action under the Medical | ||
Practice Act of 1987, the Physician Assistant Practice Act | ||
of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | ||
or any other professional licensing statute or (ii) any | ||
criminal liability, except for willful and wanton | ||
misconduct. | ||
(2) A person who is not otherwise licensed to | ||
administer an opioid antagonist may in an emergency | ||
administer without fee an opioid antagonist if the person | ||
has received the patient information specified in | ||
paragraph (4) of this subsection and believes in good faith |
that another person is experiencing a drug overdose. The | ||
person shall not, as a result of his or her acts or | ||
omissions, be (i) liable for any violation of the Medical | ||
Practice Act of 1987, the Physician Assistant Practice Act | ||
of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | ||
or any other professional licensing statute, or (ii) | ||
subject to any criminal prosecution or civil liability, | ||
except for willful and wanton misconduct. | ||
(3) A health care professional prescribing an opioid | ||
antagonist to a patient shall ensure that the patient | ||
receives the patient information specified in paragraph | ||
(4) of this subsection. Patient information may be provided | ||
by the health care professional or a community-based | ||
organization, substance abuse program, or other | ||
organization with which the health care professional | ||
establishes a written agreement that includes a | ||
description of how the organization will provide patient | ||
information, how employees or volunteers providing | ||
information will be trained, and standards for documenting | ||
the provision of patient information to patients. | ||
Provision of patient information shall be documented in the | ||
patient's medical record or through similar means as | ||
determined by agreement between the health care | ||
professional and the organization. The Director of the | ||
Division of Alcoholism and Substance Abuse, in | ||
consultation with statewide organizations representing |
physicians, pharmacists, advanced practice nurses, | ||
physician assistants, substance abuse programs, and other | ||
interested groups, shall develop and disseminate to health | ||
care professionals, community-based organizations, | ||
substance abuse programs, and other organizations training | ||
materials in video, electronic, or other formats to | ||
facilitate the provision of such patient information. | ||
(4) For the purposes of this subsection: | ||
"Opioid antagonist" means a drug that binds to opioid | ||
receptors and blocks or inhibits the effect of opioids | ||
acting on those receptors, including, but not limited to , | ||
naloxone hydrochloride or any other similarly acting drug | ||
approved by the U.S. Food and Drug Administration. | ||
"Health care professional" means a physician licensed | ||
to practice medicine in all its branches, a licensed | ||
physician assistant with prescriptive authority, a | ||
licensed advanced practice nurse with prescriptive | ||
authority, or an advanced practice nurse or physician | ||
assistant who practices in a hospital, hospital affiliate, | ||
or ambulatory surgical treatment center and possesses | ||
appropriate clinical privileges in accordance with the | ||
Nurse Practice Act , or a pharmacist licensed to practice | ||
pharmacy under the Pharmacy Practice Act. | ||
"Patient" includes a person who is not at risk of | ||
opioid overdose but who, in the judgment of the physician , | ||
advanced practice nurse, or physician assistant , may be in |
a position to assist another individual during an overdose | ||
and who has received patient information as required in | ||
paragraph (2) of this subsection on the indications for and | ||
administration of an opioid antagonist. | ||
"Patient information" includes information provided to | ||
the patient on drug overdose prevention and recognition; | ||
how to perform rescue breathing and resuscitation; opioid | ||
antagonist dosage and administration; the importance of | ||
calling 911; care for the overdose victim after | ||
administration of the overdose antagonist; and other | ||
issues as necessary.
| ||
(e) Drug overdose response policy. | ||
(1) Every State and local government agency that | ||
employs a law enforcement officer or fireman as those terms | ||
are defined in the Line of Duty Compensation Act must | ||
possess opioid antagonists and must establish a policy to | ||
control the acquisition, storage, transportation, and | ||
administration of such opioid antagonists and to provide | ||
training in the administration of opioid antagonists. A | ||
State or local government agency that employs a fireman as | ||
defined in the Line of Duty Compensation Act but does not | ||
respond to emergency medical calls or provide medical | ||
services shall be exempt from this subsection. | ||
(2) Every publicly or privately owned ambulance, | ||
special emergency medical services vehicle, non-transport | ||
vehicle, or ambulance assist vehicle, as described in the |
Emergency Medical Services (EMS) Systems Act, which | ||
responds to requests for emergency services or transports | ||
patients between hospitals in emergency situations must | ||
possess opioid antagonists. | ||
(3) Entities that are required under paragraphs (1) and | ||
(2) to possess opioid antagonists may also apply to the | ||
Department for a grant to fund the acquisition of opioid | ||
antagonists and training programs on the administration of | ||
opioid antagonists. | ||
(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15; | ||
revised 10-19-15.) | ||
Section 20. The Department of Central Management Services | ||
Law of the
Civil Administrative Code of Illinois is amended by | ||
changing Section 405-105 as follows:
| ||
(20 ILCS 405/405-105) (was 20 ILCS 405/64.1)
| ||
Sec. 405-105. Fidelity, surety, property, and casualty | ||
insurance. The Department
shall establish and implement a | ||
program to coordinate
the handling of all fidelity, surety, | ||
property, and casualty insurance
exposures of the State and the | ||
departments, divisions, agencies,
branches,
and universities | ||
of the State. In performing this responsibility, the
Department | ||
shall have the power and duty to do the following:
| ||
(1) Develop and maintain loss and exposure data on all | ||
State
property.
|
(2) Study the feasibility of establishing a | ||
self-insurance plan
for
State property and prepare | ||
estimates of the costs of reinsurance for
risks beyond the | ||
realistic limits of the self-insurance.
| ||
(3) Prepare a plan for centralizing the purchase of | ||
property and
casualty insurance on State property under a | ||
master policy or policies
and purchase the insurance | ||
contracted for as provided in the
Illinois Purchasing Act.
| ||
(4) Evaluate existing provisions for fidelity bonds | ||
required of
State employees and recommend changes that are | ||
appropriate
commensurate with risk experience and the | ||
determinations respecting
self-insurance or reinsurance so | ||
as to permit reduction of costs without
loss of coverage.
| ||
(5) Investigate procedures for inclusion of school | ||
districts,
public community
college districts, and other | ||
units of local government in programs for
the centralized | ||
purchase of insurance.
| ||
(6) Implement recommendations of the State Property
| ||
Insurance
Study Commission that the Department finds | ||
necessary or desirable in
the
performance of its powers and | ||
duties under this Section to achieve
efficient and | ||
comprehensive risk management.
| ||
(7) Prepare and, in the discretion of the Director, | ||
implement a plan providing for the purchase of public
| ||
liability insurance or for self-insurance for public | ||
liability or for a
combination of purchased insurance and |
self-insurance for public
liability (i) covering the State | ||
and drivers of motor vehicles
owned,
leased, or controlled | ||
by the State of Illinois pursuant to the provisions
and | ||
limitations contained in the Illinois Vehicle Code, (ii)
| ||
covering
other public liability exposures of the State and | ||
its employees within
the scope of their employment, and | ||
(iii) covering drivers of motor
vehicles not owned, leased, | ||
or controlled by the State but used by a
State employee on | ||
State business, in excess of liability covered by an
| ||
insurance policy obtained by the owner of the motor vehicle | ||
or in
excess of the dollar amounts that the Department | ||
shall
determine to be
reasonable. Any contract of insurance | ||
let under this Law shall be
by
bid in accordance with the | ||
procedure set forth in the Illinois
Purchasing Act. Any | ||
provisions for self-insurance shall conform to
subdivision | ||
(11).
| ||
The term "employee" as used in this subdivision (7) and | ||
in subdivision
(11)
means a person while in the employ of | ||
the State who is a member of the
staff or personnel of a | ||
State agency, bureau, board, commission,
committee, | ||
department, university, or college or who is a State | ||
officer,
elected official, commissioner, member of or ex | ||
officio member of a
State agency, bureau, board, | ||
commission, committee, department,
university, or college, | ||
or a member of the National Guard while on active
duty | ||
pursuant to orders of the Governor of the State of |
Illinois, or any
other person while using a licensed motor | ||
vehicle owned, leased, or
controlled by the State of | ||
Illinois with the authorization of the State
of Illinois, | ||
provided the actual use of the motor vehicle is
within the | ||
scope of that
authorization and within the course of State | ||
service.
| ||
Subsequent to payment of a claim on behalf of an | ||
employee pursuant to this
Section and after reasonable | ||
advance written notice to the employee, the
Director may | ||
exclude the employee from future coverage or limit the
| ||
coverage under the plan if (i) the Director determines that | ||
the
claim
resulted from an incident in which the employee | ||
was grossly negligent or
had engaged in willful and wanton | ||
misconduct or (ii) the
Director
determines that the | ||
employee is no longer an acceptable risk based on a
review | ||
of prior accidents in which the employee was at fault and | ||
for which
payments were made pursuant to this Section.
| ||
The Director is authorized to
promulgate | ||
administrative rules that may be necessary to
establish and
| ||
administer the plan.
| ||
Appropriations from the Road Fund shall be used to pay | ||
auto liability claims
and related expenses involving | ||
employees of the Department of Transportation,
the | ||
Illinois State Police, and the Secretary of State.
| ||
(8) Charge, collect, and receive from all other | ||
agencies of
the State
government fees or monies equivalent |
to the cost of purchasing the insurance.
| ||
(9) Establish, through the Director, charges for risk
| ||
management
services
rendered to State agencies by the | ||
Department.
The State agencies so charged shall reimburse | ||
the Department by vouchers drawn
against their respective
| ||
appropriations. The reimbursement shall be determined by | ||
the Director as
amounts sufficient to reimburse the | ||
Department
for expenditures incurred in rendering the | ||
service.
| ||
The Department shall charge the
employing State agency | ||
or university for workers' compensation payments for
| ||
temporary total disability paid to any employee after the | ||
employee has
received temporary total disability payments | ||
for 120 days if the employee's
treating physician , advanced | ||
practice nurse, or physician assistant has issued a release | ||
to return to work with restrictions
and the employee is | ||
able to perform modified duty work but the employing
State | ||
agency or
university does not return the employee to work | ||
at modified duty. Modified
duty shall be duties assigned | ||
that may or may not be delineated
as part of the duties | ||
regularly performed by the employee. Modified duties
shall | ||
be assigned within the prescribed restrictions established | ||
by the
treating physician and the physician who performed | ||
the independent medical
examination. The amount of all | ||
reimbursements
shall be deposited into the Workers' | ||
Compensation Revolving Fund which is
hereby created as a |
revolving fund in the State treasury. In addition to any | ||
other purpose authorized by law, moneys in the Fund
shall | ||
be used, subject to appropriation, to pay these or other | ||
temporary
total disability claims of employees of State | ||
agencies and universities.
| ||
Beginning with fiscal year 1996, all amounts recovered | ||
by the
Department through subrogation in workers' | ||
compensation and workers'
occupational disease cases shall | ||
be
deposited into the Workers' Compensation Revolving Fund | ||
created under
this subdivision (9).
| ||
(10) Establish rules, procedures, and forms to be used | ||
by
State agencies
in the administration and payment of | ||
workers' compensation claims. For claims filed prior to | ||
July 1, 2013, the
Department shall initially evaluate and | ||
determine the compensability of
any injury that is
the | ||
subject of a workers' compensation claim and provide for | ||
the
administration and payment of such a claim for all | ||
State agencies. For claims filed on or after July 1, 2013, | ||
the Department shall retain responsibility for certain | ||
administrative payments including, but not limited to, | ||
payments to the private vendor contracted to perform | ||
services under subdivision (10b) of this Section, payments | ||
related to travel expenses for employees of the Office of | ||
the Attorney General, and payments to internal Department | ||
staff responsible for the oversight and management of any | ||
contract awarded pursuant to subdivision (10b) of this |
Section. Through December 31, 2012, the
Director may | ||
delegate to any agency with the agreement of the agency | ||
head
the responsibility for evaluation, administration, | ||
and payment of that
agency's claims. Neither the Department | ||
nor the private vendor contracted to perform services under | ||
subdivision (10b) of this Section shall be responsible for | ||
providing workers' compensation services to the Illinois | ||
State Toll Highway Authority or to State universities that | ||
maintain self-funded workers' compensation liability | ||
programs.
| ||
(10a) By April 1 of each year prior to calendar year | ||
2013, the Director must report and provide information to | ||
the State Workers' Compensation Program Advisory Board | ||
concerning the status of the State workers' compensation | ||
program for the next fiscal year. Information that the | ||
Director must provide to the State Workers' Compensation | ||
Program Advisory Board includes, but is not limited to, | ||
documents, reports of negotiations, bid invitations, | ||
requests for proposals, specifications, copies of proposed | ||
and final contracts or agreements, and any other materials | ||
concerning contracts or agreements for the program. By the | ||
first of each month prior to calendar year 2013, the | ||
Director must provide updated, and any new, information to | ||
the State Workers' Compensation Program Advisory Board | ||
until the State workers' compensation program for the next | ||
fiscal year is determined. |
(10b) No later than January 1, 2013, the chief | ||
procurement officer appointed under paragraph (4) of | ||
subsection (a) of Section 10-20 of the Illinois Procurement | ||
Code (hereinafter "chief procurement officer"), in | ||
consultation with the Department of Central Management | ||
Services, shall procure one or more private vendors to | ||
administer the program providing payments for workers' | ||
compensation liability with respect to the employees of all | ||
State agencies. The chief procurement officer may procure a | ||
single contract applicable to all State agencies or | ||
multiple contracts applicable to one or more State | ||
agencies. If the chief procurement officer procures a | ||
single contract applicable to all State agencies, then the | ||
Department of Central Management Services shall be | ||
designated as the agency that enters into the contract and | ||
shall be responsible for the contract. If the chief | ||
procurement officer procures multiple contracts applicable | ||
to one or more State agencies, each agency to which the | ||
contract applies shall be designated as the agency that | ||
shall enter into the contract and shall be responsible for | ||
the contract. If the chief procurement officer procures | ||
contracts applicable to an individual State agency, the | ||
agency subject to the contract shall be designated as the | ||
agency responsible for the contract. | ||
(10c) The procurement of private vendors for the | ||
administration of the workers' compensation program for |
State employees is subject to the provisions of the | ||
Illinois Procurement Code and administration by the chief | ||
procurement officer. | ||
(10d) Contracts for the procurement of private vendors | ||
for the administration of the workers' compensation | ||
program for State employees shall be based upon, but | ||
limited to, the following criteria: (i) administrative | ||
cost, (ii) service capabilities of the vendor, and (iii) | ||
the compensation (including premiums, fees, or other | ||
charges). A vendor for the administration of the workers' | ||
compensation program for State employees shall provide | ||
services, including, but not limited to: | ||
(A) providing a web-based case management system | ||
and provide access to the Office of the Attorney | ||
General; | ||
(B) ensuring claims adjusters are available to | ||
provide testimony or information as requested by the | ||
Office of the Attorney General; | ||
(C) establishing a preferred provider program for | ||
all State agencies and facilities; and | ||
(D) authorizing the payment of medical bills at the | ||
preferred provider discount rate. | ||
(10e) By September 15, 2012, the Department of Central | ||
Management Services shall prepare a plan to effectuate the | ||
transfer of responsibility and administration of the | ||
workers' compensation program for State employees to the |
selected private vendors. The Department shall submit a | ||
copy of the plan to the General Assembly. | ||
(11) Any plan for public liability self-insurance | ||
implemented
under this
Section shall provide that (i) the | ||
Department
shall attempt to settle and may settle any | ||
public liability claim filed
against the State of Illinois | ||
or any public liability claim filed
against a State | ||
employee on the basis of an occurrence in the course of
the | ||
employee's State employment; (ii) any settlement of
such a | ||
claim is not subject to fiscal year limitations and must be
| ||
approved by the Director and, in cases of
settlements | ||
exceeding $100,000, by the Governor; and (iii) a
settlement | ||
of
any public liability claim against the State or a State | ||
employee shall
require an unqualified release of any right | ||
of action against the State
and the employee for acts | ||
within the scope of the employee's employment
giving rise | ||
to the claim.
| ||
Whenever and to the extent that a State
employee | ||
operates a motor vehicle or engages in other activity | ||
covered
by self-insurance under this Section, the State of | ||
Illinois shall
defend, indemnify, and hold harmless the | ||
employee against any claim in
tort filed against the | ||
employee for acts or omissions within the scope
of the | ||
employee's employment in any proper judicial forum and not
| ||
settled pursuant
to this subdivision (11), provided that | ||
this obligation of
the State of
Illinois shall not exceed a |
maximum liability of $2,000,000 for any
single occurrence | ||
in connection with the operation of a motor vehicle or
| ||
$100,000 per person per occurrence for any other single | ||
occurrence,
or $500,000 for any single occurrence in | ||
connection with the provision of
medical care by a licensed | ||
physician , advanced practice nurse, or physician assistant | ||
employee.
| ||
Any
claims against the State of Illinois under a | ||
self-insurance plan that
are not settled pursuant to this | ||
subdivision (11) shall be
heard and
determined by the Court | ||
of Claims and may not be filed or adjudicated
in any other | ||
forum. The Attorney General of the State of Illinois or
the | ||
Attorney General's designee shall be the attorney with | ||
respect
to all public liability
self-insurance claims that | ||
are not settled pursuant to this
subdivision (11)
and | ||
therefore result in litigation. The payment of any award of | ||
the
Court of Claims entered against the State relating to | ||
any public
liability self-insurance claim shall act as a | ||
release against any State
employee involved in the | ||
occurrence.
| ||
(12) Administer a plan the purpose of which is to make | ||
payments
on final
settlements or final judgments in | ||
accordance with the State Employee
Indemnification Act. | ||
The plan shall be funded through appropriations from the
| ||
General Revenue Fund specifically designated for that | ||
purpose, except that
indemnification expenses for |
employees of the Department of Transportation,
the | ||
Illinois State Police, and the Secretary of State
shall be | ||
paid
from the Road
Fund. The term "employee" as used in | ||
this subdivision (12) has the same
meaning as under | ||
subsection (b) of Section 1 of the State Employee
| ||
Indemnification Act. Subject to sufficient appropriation, | ||
the Director shall approve payment of any claim, without | ||
regard to fiscal year limitations, presented to
the | ||
Director
that is supported by a final settlement or final | ||
judgment when the Attorney
General and the chief officer of | ||
the public body against whose employee the
claim or cause | ||
of action is asserted certify to the Director that
the | ||
claim is in
accordance with the State Employee | ||
Indemnification Act and that they
approve
of the payment. | ||
In no event shall an amount in excess of $150,000 be paid | ||
from
this plan to or for the benefit of any claimant.
| ||
(13) Administer a plan the purpose of which is to make | ||
payments
on final
settlements or final judgments for | ||
employee wage claims in situations where
there was an | ||
appropriation relevant to the wage claim, the fiscal year
| ||
and lapse period have expired, and sufficient funds were | ||
available
to
pay the claim. The plan shall be funded | ||
through
appropriations from the General Revenue Fund | ||
specifically designated for
that purpose.
| ||
Subject to sufficient appropriation, the Director is | ||
authorized to pay any wage claim presented to the
Director
|
that is supported by a final settlement or final judgment | ||
when the chief
officer of the State agency employing the | ||
claimant certifies to the
Director that
the claim is a | ||
valid wage claim and that the fiscal year and lapse period
| ||
have expired. Payment for claims that are properly | ||
submitted and certified
as valid by the Director
shall | ||
include interest accrued at the rate of 7% per annum from | ||
the
forty-fifth day after the claims are received by the | ||
Department or 45 days from the date on which the amount of | ||
payment
is agreed upon, whichever is later, until the date | ||
the claims are submitted
to the Comptroller for payment. | ||
When the Attorney General has filed an
appearance in any | ||
proceeding concerning a wage claim settlement or
judgment, | ||
the Attorney General shall certify to the Director that the | ||
wage claim is valid before any payment is
made. In no event | ||
shall an amount in excess of $150,000 be paid from this
| ||
plan to or for the benefit of any claimant.
| ||
Nothing in Public Act 84-961 shall be construed to | ||
affect in any manner the jurisdiction of the
Court of | ||
Claims concerning wage claims made against the State of | ||
Illinois.
| ||
(14) Prepare and, in the discretion of the Director, | ||
implement a program for
self-insurance for official
| ||
fidelity and surety bonds for officers and employees as | ||
authorized by the
Official Bond Act.
| ||
(Source: P.A. 96-928, eff. 6-15-10; 97-18, eff. 6-28-11; |
97-895, eff. 8-3-12; 97-1143, eff. 12-28-12.)
| ||
Section 25. The Foster Parent Law is amended by changing | ||
Section 1-15 as follows:
| ||
(20 ILCS 520/1-15)
| ||
Sec. 1-15. Foster parent rights. A foster parent's rights | ||
include, but
are
not limited to, the following:
| ||
(1) The right to be treated with dignity, respect, and | ||
consideration as a
professional member of the child welfare | ||
team.
| ||
(2) The right to be given standardized pre-service | ||
training and
appropriate ongoing training to meet mutually | ||
assessed needs and improve the
foster parent's skills.
| ||
(3) The right to be informed as to how to contact the | ||
appropriate child
placement agency in order to receive | ||
information and assistance to access
supportive services | ||
for children in the foster parent's care.
| ||
(4) The right to receive timely financial | ||
reimbursement commensurate with
the care needs of the child | ||
as specified in the service plan.
| ||
(5) The right to be provided a clear, written | ||
understanding of a placement
agency's plan concerning the | ||
placement of a child in the foster parent's home.
Inherent | ||
in this right is the foster parent's responsibility to | ||
support
activities
that will promote the child's right to |
relationships with his or her own family
and cultural | ||
heritage.
| ||
(6) The right to be provided a fair, timely, and | ||
impartial investigation
of complaints concerning the | ||
foster parent's licensure, to be provided the
opportunity | ||
to have a person
of the foster parent's choosing present | ||
during the investigation, and to be
provided due
process | ||
during the investigation; the right to be provided the | ||
opportunity to
request and receive
mediation or an | ||
administrative review of decisions that affect licensing
| ||
parameters, or both mediation and an administrative | ||
review; and the right to
have decisions concerning a | ||
licensing
corrective action plan specifically explained | ||
and tied to the licensing
standards violated.
| ||
(7) The right, at any time during which a child is | ||
placed with the foster
parent, to receive additional or | ||
necessary information that is relevant to the
care of the | ||
child.
| ||
(7.5) The right to be given information concerning a | ||
child (i) from the Department as required under subsection | ||
(u) of Section 5 of the Children and Family Services Act | ||
and (ii) from a child welfare agency as required under | ||
subsection (c-5) of Section 7.4 of the Child Care Act of | ||
1969.
| ||
(8) The right to be notified of scheduled meetings and | ||
staffings
concerning the foster child in order to actively |
participate in the case
planning and decision-making | ||
process regarding the child, including individual
service | ||
planning meetings, administrative case reviews, | ||
interdisciplinary
staffings, and individual educational | ||
planning meetings; the right to be
informed of decisions | ||
made by the courts or the child welfare agency concerning
| ||
the child;
the right to provide input concerning the plan | ||
of services for the child and to
have that
input given full | ||
consideration in the same manner as information presented | ||
by
any other professional on the team; and the right to | ||
communicate with other
professionals who work with the | ||
foster child within the context of the team,
including | ||
therapists, physicians, attending health care | ||
professionals, and teachers.
| ||
(9) The right to be given, in a timely and consistent | ||
manner, any
information a case worker has regarding the | ||
child and the child's
family which is pertinent to the care | ||
and needs of the child and to the making
of a permanency | ||
plan for the child. Disclosure of information concerning | ||
the
child's family shall be limited to that
information | ||
that is essential for understanding the needs of and | ||
providing
care to the child in order to protect the rights | ||
of the child's family. When a
positive relationship exists | ||
between the foster parent and the child's family,
the | ||
child's family may consent to disclosure of additional | ||
information.
|
(10) The right to be given reasonable written notice of | ||
(i) any change in
a child's case plan, (ii) plans to | ||
terminate the placement of the child with
the foster | ||
parent, and (iii) the reasons for the change or termination | ||
in
placement. The notice shall be waived only in cases of a | ||
court order or when
the child is determined to be at | ||
imminent risk of harm.
| ||
(11) The right to be notified in a timely and complete | ||
manner of all court
hearings, including notice of the date | ||
and time of the court hearing, the name
of the
judge or | ||
hearing officer hearing the case, the location of the | ||
hearing,
and the court docket number of the case; and the | ||
right to intervene
in court proceedings or to seek mandamus | ||
under the Juvenile Court Act of 1987.
| ||
(12) The right to be considered as a placement option | ||
when a foster child
who was formerly placed with the foster | ||
parent is to be re-entered into foster
care, if that | ||
placement is consistent with the best interest of the child | ||
and
other children in the foster parent's home.
| ||
(13) The right to have timely access to the
child | ||
placement agency's existing appeals process and the right | ||
to be
free from acts of harassment and retaliation by any | ||
other party when exercising
the right to appeal.
| ||
(14) The right to be informed of the Foster Parent | ||
Hotline established
under Section 35.6 of the Children and | ||
Family Services Act and all of the
rights accorded to |
foster parents concerning
reports of misconduct by | ||
Department employees, service providers, or
contractors, | ||
confidential handling of those reports, and investigation | ||
by the
Inspector General appointed under Section 35.5 of | ||
the Children and Family
Services Act.
| ||
(Source: P.A. 94-1010, eff. 10-1-06.)
| ||
Section 30. The Regional Integrated Behavioral Health | ||
Networks Act is amended by changing Section 20 as follows: | ||
(20 ILCS 1340/20)
| ||
Sec. 20. Steering Committee and Networks. | ||
(a) To achieve these goals, the Department of Human | ||
Services shall convene a Regional Integrated Behavioral Health | ||
Networks Steering Committee (hereinafter "Steering Committee") | ||
comprised of State agencies involved in the provision, | ||
regulation, or financing of health, mental health, substance | ||
abuse, rehabilitation, and other services. These include, but | ||
shall not be limited to, the following agencies: | ||
(1) The Department of Healthcare and Family Services. | ||
(2) The Department of Human Services and its Divisions | ||
of Mental Illness and Alcoholism and Substance Abuse | ||
Services. | ||
(3) The Department of Public Health, including its | ||
Center for Rural Health. | ||
The Steering Committee shall include a representative from |
each Network. The agencies of the Steering Committee are | ||
directed to work collaboratively to provide consultation, | ||
advice, and leadership to the Networks in facilitating | ||
communication within and across multiple agencies and in | ||
removing regulatory barriers that may prevent Networks from | ||
accomplishing the goals. The Steering Committee collectively | ||
or through one of its member Agencies shall also provide | ||
technical assistance to the Networks. | ||
(b) There also shall be convened Networks in each of the | ||
Department of Human Services' regions comprised of | ||
representatives of community stakeholders represented in the | ||
Network, including when available, but not limited to, relevant | ||
trade and professional associations representing hospitals, | ||
community providers, public health care, hospice care, long | ||
term care, law enforcement, emergency medical service, | ||
physicians , advanced practice nurses, and physician assistants | ||
trained in psychiatry; an organization that advocates on behalf | ||
of federally qualified health centers, an organization that | ||
advocates on behalf of persons suffering with mental illness | ||
and substance abuse disorders, an organization that advocates | ||
on behalf of persons with disabilities, an organization that | ||
advocates on behalf of persons who live in rural areas, an | ||
organization that advocates on behalf of persons who live in | ||
medically underserved areas; and others designated by the | ||
Steering Committee or the Networks. A member from each Network | ||
may choose a representative who may serve on the Steering |
Committee.
| ||
(Source: P.A. 97-381, eff. 1-1-12.) | ||
Section 35. The Mental Health and Developmental | ||
Disabilities Administrative Act is amended by changing | ||
Sections 5.1, 14, and 15.4 as follows:
| ||
(20 ILCS 1705/5.1) (from Ch. 91 1/2, par. 100-5.1)
| ||
Sec. 5.1.
The Department shall develop, by rule, the
| ||
procedures and standards by which it shall approve medications | ||
for
clinical use in its facilities. A list of those drugs | ||
approved pursuant to
these procedures shall be distributed to | ||
all Department facilities.
| ||
Drugs not listed by the Department may not be administered | ||
in facilities
under the jurisdiction of the Department, | ||
provided that an unlisted drug
may be administered as part of | ||
research with the prior written consent of
the Secretary | ||
specifying the nature of the permitted use and
the physicians | ||
authorized to prescribe the drug. Drugs, as used in this
| ||
Section, mean psychotropic and narcotic drugs.
| ||
No physician , advanced practice nurse, or physician | ||
assistant in the Department shall sign a prescription in blank, | ||
nor
permit blank prescription forms to circulate out of his | ||
possession or
control.
| ||
(Source: P.A. 89-507, eff. 7-1-97.)
|
(20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
| ||
Sec. 14. Chester Mental Health Center. To maintain and | ||
operate a
facility for the care, custody, and treatment of | ||
persons with mental
illness or habilitation of persons with | ||
developmental disabilities hereinafter
designated, to be known | ||
as the Chester Mental Health Center.
| ||
Within the Chester Mental Health Center there shall be | ||
confined the
following classes of persons, whose history, in | ||
the opinion of the
Department, discloses dangerous or violent | ||
tendencies and who, upon
examination under the direction of the | ||
Department, have been found a fit
subject for confinement in | ||
that facility:
| ||
(a) Any male person who is charged with the commission | ||
of a
crime but has been acquitted by reason of insanity as | ||
provided in Section
5-2-4 of the Unified Code of | ||
Corrections.
| ||
(b) Any male person who is charged with the commission | ||
of
a crime but has been found unfit under Article 104 of | ||
the Code of Criminal
Procedure of 1963.
| ||
(c) Any male person with mental illness or | ||
developmental disabilities or
person in need of mental | ||
treatment now confined under the supervision of the
| ||
Department or hereafter
admitted to any facility thereof or | ||
committed thereto by any court of competent
jurisdiction.
| ||
If and when it shall appear to the facility director of the | ||
Chester Mental
Health Center that it is necessary to confine |
persons in order to maintain
security or provide for the | ||
protection and safety of recipients and staff, the
Chester | ||
Mental Health Center may confine all persons on a unit to their | ||
rooms.
This period of confinement shall not exceed 10 hours in | ||
a 24 hour period,
including the recipient's scheduled hours of | ||
sleep, unless approved by the
Secretary of the Department. | ||
During the period of
confinement, the
persons confined shall be | ||
observed at least every 15 minutes. A record shall
be kept of | ||
the observations. This confinement shall not be considered
| ||
seclusion as defined in the Mental Health and Developmental | ||
Disabilities
Code.
| ||
The facility director of the Chester Mental Health Center | ||
may authorize
the temporary use of handcuffs on a recipient for | ||
a period not to exceed 10
minutes when necessary in the course | ||
of transport of the recipient within the
facility to maintain | ||
custody or security. Use of handcuffs is subject to the
| ||
provisions of Section 2-108 of the Mental Health and | ||
Developmental Disabilities
Code. The facility shall keep a | ||
monthly record listing each instance in which
handcuffs are | ||
used, circumstances indicating the need for use of handcuffs, | ||
and
time of application of handcuffs and time of release | ||
therefrom. The facility
director shall allow the Illinois | ||
Guardianship and Advocacy Commission, the
agency designated by | ||
the Governor under Section 1 of the Protection and
Advocacy for | ||
Persons with Developmental Disabilities Act, and the | ||
Department to
examine and copy such record upon request.
|
The facility director of the Chester Mental Health Center | ||
may authorize the temporary use of transport devices on a civil | ||
recipient when necessary in the course of transport of the | ||
civil recipient outside the facility to maintain custody or | ||
security. The decision whether to use any transport devices | ||
shall be reviewed and approved on an individualized basis by a | ||
physician , an advanced practice nurse, or a physician assistant | ||
based upon a determination of the civil recipient's: (1) | ||
history of violence, (2) history of violence during transports, | ||
(3) history of escapes and escape attempts, (4) history of | ||
trauma, (5) history of incidents of restraint or seclusion and | ||
use of involuntary medication, (6) current functioning level | ||
and medical status, and (7) prior experience during similar | ||
transports, and the length, duration, and purpose of the | ||
transport. The least restrictive transport device consistent | ||
with the individual's need shall be used. Staff transporting | ||
the individual shall be trained in the use of the transport | ||
devices, recognizing and responding to a person in distress, | ||
and shall observe and monitor the individual while being | ||
transported. The facility shall keep a monthly record listing | ||
all transports, including those transports for which use of | ||
transport devices was not sought, those for which use of | ||
transport devices was sought but denied, and each instance in | ||
which transport devices are used, circumstances indicating the | ||
need for use of transport devices, time of application of | ||
transport devices, time of release from those devices, and any |
adverse events. The facility director shall allow the Illinois | ||
Guardianship and Advocacy Commission, the agency designated by | ||
the Governor under Section 1 of the Protection and Advocacy for | ||
Persons with Developmental Disabilities Act, and the | ||
Department to examine and copy the record upon request. This | ||
use of transport devices shall not be considered restraint as | ||
defined in the Mental Health and Developmental Disabilities | ||
Code. For the purpose of this Section "transport device" means | ||
ankle cuffs, handcuffs, waist chains or wrist-waist devices | ||
designed to restrict an individual's range of motion while | ||
being transported. These devices must be approved by the | ||
Division of Mental Health, used in accordance with the | ||
manufacturer's instructions, and used only by qualified staff | ||
members who have completed all training required to be eligible | ||
to transport patients and all other required training relating | ||
to the safe use and application of transport devices, including | ||
recognizing and responding to signs of distress in an | ||
individual whose movement is being restricted by a transport | ||
device. | ||
If and when it shall appear to the satisfaction of the | ||
Department that
any person confined in the Chester Mental | ||
Health Center is not or has
ceased to be such a source of | ||
danger to the public as to require his
subjection to the | ||
regimen of the center, the Department is hereby
authorized to | ||
transfer such person to any State facility for treatment of
| ||
persons with mental illness or habilitation of persons with |
developmental
disabilities, as the nature of the individual | ||
case may require.
| ||
Subject to the provisions of this Section, the Department, | ||
except where
otherwise provided by law, shall, with respect to | ||
the management, conduct
and control of the Chester Mental | ||
Health Center and the discipline, custody
and treatment of the | ||
persons confined therein, have and exercise the same
rights and | ||
powers as are vested by law in the Department with respect to
| ||
any and all of the State facilities for treatment of persons | ||
with mental
illness or habilitation of persons with | ||
developmental disabilities, and the
recipients thereof, and | ||
shall be subject to the same duties as are imposed by
law upon | ||
the Department with respect to such facilities and the | ||
recipients
thereof. | ||
The Department may elect to place persons who have been | ||
ordered by the court to be detained under the Sexually Violent | ||
Persons Commitment Act in a distinct portion of the Chester | ||
Mental Health Center. The persons so placed shall be separated | ||
and shall not comingle with the recipients of the Chester | ||
Mental Health Center. The portion of Chester Mental Health | ||
Center that is used for the persons detained under the Sexually | ||
Violent Persons Commitment Act shall not be a part of the | ||
mental health facility for the enforcement and implementation | ||
of the Mental Health and Developmental Disabilities Code nor | ||
shall their care and treatment be subject to the provisions of | ||
the Mental Health and Developmental Disabilities Code. The |
changes added to this Section by this amendatory Act of the | ||
98th General Assembly are inoperative on and after June 30, | ||
2015.
| ||
(Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13; | ||
98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)
| ||
(20 ILCS 1705/15.4)
| ||
Sec. 15.4. Authorization for nursing delegation to permit | ||
direct care
staff to
administer medications. | ||
(a) This Section applies to (i) all programs for persons
| ||
with a
developmental disability in settings of 16 persons or | ||
fewer that are funded or
licensed by the Department of Human
| ||
Services and that distribute or administer medications and (ii) | ||
all
intermediate care
facilities for persons with | ||
developmental disabilities with 16 beds or fewer that are
| ||
licensed by the
Department of Public Health. The Department of | ||
Human Services shall develop a
training program for authorized | ||
direct care staff to administer
medications under the
| ||
supervision and monitoring of a registered professional nurse.
| ||
This training program shall be developed in consultation with | ||
professional
associations representing (i) physicians licensed | ||
to practice medicine in all
its branches, (ii) registered | ||
professional nurses, and (iii) pharmacists.
| ||
(b) For the purposes of this Section:
| ||
"Authorized direct care staff" means non-licensed persons | ||
who have
successfully completed a medication administration |
training program
approved by the Department of Human Services | ||
and conducted by a nurse-trainer.
This authorization is | ||
specific to an individual receiving service in
a
specific | ||
agency and does not transfer to another agency.
| ||
"Medications" means oral and topical medications, insulin | ||
in an injectable form, oxygen, epinephrine auto-injectors, and | ||
vaginal and rectal creams and suppositories. "Oral" includes | ||
inhalants and medications administered through enteral tubes, | ||
utilizing aseptic technique. "Topical" includes eye, ear, and | ||
nasal medications. Any controlled substances must be packaged | ||
specifically for an identified individual. | ||
"Insulin in an injectable form" means a subcutaneous | ||
injection via an insulin pen pre-filled by the manufacturer. | ||
Authorized direct care staff may administer insulin, as ordered | ||
by a physician, advanced practice nurse, or physician | ||
assistant, if: (i) the staff has successfully completed a | ||
Department-approved advanced training program specific to | ||
insulin administration developed in consultation with | ||
professional associations listed in subsection (a) of this | ||
Section, and (ii) the staff consults with the registered nurse, | ||
prior to administration, of any insulin dose that is determined | ||
based on a blood glucose test result. The authorized direct | ||
care staff shall not: (i) calculate the insulin dosage needed | ||
when the dose is dependent upon a blood glucose test result, or | ||
(ii) administer insulin to individuals who require blood | ||
glucose monitoring greater than 3 times daily, unless directed |
to do so by the registered nurse. | ||
"Nurse-trainer training program" means a standardized, | ||
competency-based
medication administration train-the-trainer | ||
program provided by the
Department of Human Services and | ||
conducted by a Department of Human
Services master | ||
nurse-trainer for the purpose of training nurse-trainers to
| ||
train persons employed or under contract to provide direct care | ||
or
treatment to individuals receiving services to administer
| ||
medications and provide self-administration of medication | ||
training to
individuals under the supervision and monitoring of | ||
the nurse-trainer. The
program incorporates adult learning | ||
styles, teaching strategies, classroom
management, and a | ||
curriculum overview, including the ethical and legal
aspects of | ||
supervising those administering medications.
| ||
"Self-administration of medications" means an individual | ||
administers
his or her own medications. To be considered | ||
capable to self-administer
their own medication, individuals | ||
must, at a minimum, be able to identify
their medication by | ||
size, shape, or color, know when they should take
the | ||
medication, and know the amount of medication to be taken each | ||
time.
| ||
"Training program" means a standardized medication | ||
administration
training program approved by the Department of | ||
Human Services and
conducted by a registered professional nurse | ||
for the purpose of training
persons employed or under contract | ||
to provide direct care or treatment to
individuals receiving |
services to administer medications
and provide | ||
self-administration of medication training to individuals | ||
under
the delegation and supervision of a nurse-trainer. The | ||
program incorporates
adult learning styles, teaching | ||
strategies, classroom management,
curriculum overview, | ||
including ethical-legal aspects, and standardized
| ||
competency-based evaluations on administration of medications | ||
and
self-administration of medication training programs.
| ||
(c) Training and authorization of non-licensed direct care | ||
staff by
nurse-trainers must meet the requirements of this | ||
subsection.
| ||
(1) Prior to training non-licensed direct care staff to | ||
administer
medication, the nurse-trainer shall perform the | ||
following for each
individual to whom medication will be | ||
administered by non-licensed
direct care staff:
| ||
(A) An assessment of the individual's health | ||
history and
physical and mental status.
| ||
(B) An evaluation of the medications prescribed.
| ||
(2) Non-licensed authorized direct care staff shall | ||
meet the
following criteria:
| ||
(A) Be 18 years of age or older.
| ||
(B) Have completed high school or have a high | ||
school equivalency certificate.
| ||
(C) Have demonstrated functional literacy.
| ||
(D) Have satisfactorily completed the Health and | ||
Safety
component of a Department of Human Services |
authorized
direct care staff training program.
| ||
(E) Have successfully completed the training | ||
program,
pass the written portion of the comprehensive | ||
exam, and score
100% on the competency-based | ||
assessment specific to the
individual and his or her | ||
medications.
| ||
(F) Have received additional competency-based | ||
assessment
by the nurse-trainer as deemed necessary by | ||
the nurse-trainer
whenever a change of medication | ||
occurs or a new individual
that requires medication | ||
administration enters the program.
| ||
(3) Authorized direct care staff shall be re-evaluated | ||
by a
nurse-trainer at least annually or more frequently at | ||
the discretion of
the registered professional nurse. Any | ||
necessary retraining shall be
to the extent that is | ||
necessary to ensure competency of the authorized
direct | ||
care staff to administer medication.
| ||
(4) Authorization of direct care staff to administer | ||
medication
shall be revoked if, in the opinion of the | ||
registered professional nurse,
the authorized direct care | ||
staff is no longer competent to administer
medication.
| ||
(5) The registered professional nurse shall assess an
| ||
individual's health status at least annually or more | ||
frequently at the
discretion of the registered | ||
professional nurse.
| ||
(d) Medication self-administration shall meet the |
following
requirements:
| ||
(1) As part of the normalization process, in order for | ||
each
individual to attain the highest possible level of | ||
independent
functioning, all individuals shall be | ||
permitted to participate in their
total health care | ||
program. This program shall include, but not be
limited to, | ||
individual training in preventive health and | ||
self-medication
procedures.
| ||
(A) Every program shall adopt written policies and
| ||
procedures for assisting individuals in obtaining | ||
preventative
health and self-medication skills in | ||
consultation with a
registered professional nurse, | ||
advanced practice nurse,
physician assistant, or | ||
physician licensed to practice medicine
in all its | ||
branches.
| ||
(B) Individuals shall be evaluated to determine | ||
their
ability to self-medicate by the nurse-trainer | ||
through the use of
the Department's required, | ||
standardized screening and assessment
instruments.
| ||
(C) When the results of the screening and | ||
assessment
indicate an individual not to be capable to | ||
self-administer his or her
own medications, programs | ||
shall be developed in consultation
with the Community | ||
Support Team or Interdisciplinary
Team to provide | ||
individuals with self-medication
administration.
| ||
(2) Each individual shall be presumed to be competent |
to self-administer
medications if:
| ||
(A) authorized by an order of a physician licensed | ||
to
practice medicine in all its branches , an advanced | ||
practice nurse, or a physician assistant ; and
| ||
(B) approved to self-administer medication by the
| ||
individual's Community Support Team or
| ||
Interdisciplinary Team, which includes a registered
| ||
professional nurse or an advanced practice nurse.
| ||
(e) Quality Assurance.
| ||
(1) A registered professional nurse, advanced practice | ||
nurse,
licensed practical nurse, physician licensed to | ||
practice medicine in all
its branches, physician | ||
assistant, or pharmacist shall review the
following for all | ||
individuals:
| ||
(A) Medication orders.
| ||
(B) Medication labels, including medications | ||
listed on
the medication administration record for | ||
persons who are not
self-medicating to ensure the | ||
labels match the orders issued by
the physician | ||
licensed to practice medicine in all its branches,
| ||
advanced practice nurse, or physician assistant.
| ||
(C) Medication administration records for persons | ||
who
are not self-medicating to ensure that the records | ||
are completed
appropriately for:
| ||
(i) medication administered as prescribed;
| ||
(ii) refusal by the individual; and
|
(iii) full signatures provided for all | ||
initials used.
| ||
(2) Reviews shall occur at least quarterly, but may be | ||
done
more frequently at the discretion of the registered | ||
professional nurse
or advanced practice nurse.
| ||
(3) A quality assurance review of medication errors and | ||
data
collection for the purpose of monitoring and | ||
recommending
corrective action shall be conducted within 7 | ||
days and included in the
required annual review.
| ||
(f) Programs using authorized direct care
staff to | ||
administer medications are responsible for documenting and | ||
maintaining
records
on the training that is completed.
| ||
(g) The absence of this training program constitutes a | ||
threat to the
public interest,
safety, and welfare and | ||
necessitates emergency rulemaking by
the Departments of Human | ||
Services and
Public Health
under Section 5-45
of
the
Illinois | ||
Administrative Procedure Act.
| ||
(h) Direct care staff who fail to qualify for delegated | ||
authority to
administer medications pursuant to the provisions | ||
of this Section shall be
given
additional education and testing | ||
to meet criteria for
delegation authority to administer | ||
medications.
Any direct care staff person who fails to qualify | ||
as an authorized direct care
staff
after initial training and | ||
testing must within 3 months be given another
opportunity for | ||
retraining and retesting. A direct care staff person who fails
| ||
to
meet criteria for delegated authority to administer |
medication, including, but
not limited to, failure of the | ||
written test on 2 occasions shall be given
consideration for | ||
shift transfer or reassignment, if possible. No employee
shall | ||
be terminated for failure to qualify during the 3-month time | ||
period
following initial testing. Refusal to complete training | ||
and testing required
by this Section may be grounds for | ||
immediate dismissal.
| ||
(i) No authorized direct care staff person delegated to | ||
administer
medication shall be subject to suspension or | ||
discharge for errors
resulting from the staff
person's acts or | ||
omissions when performing the functions unless the staff
| ||
person's actions or omissions constitute willful and wanton | ||
conduct.
Nothing in this subsection is intended to supersede | ||
paragraph (4) of subsection
(c).
| ||
(j) A registered professional nurse, advanced practice | ||
nurse,
physician licensed to practice medicine in all its | ||
branches, or physician
assistant shall be on
duty or
on call at | ||
all times in any program covered by this Section.
| ||
(k) The employer shall be responsible for maintaining | ||
liability insurance
for any program covered by this Section.
| ||
(l) Any direct care staff person who qualifies as | ||
authorized direct care
staff pursuant to this Section shall be | ||
granted consideration for a one-time
additional
salary | ||
differential. The Department shall determine and provide the | ||
necessary
funding for
the differential in the base. This | ||
subsection (l) is inoperative on and after
June 30, 2000.
|
(Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14; 99-78, | ||
eff. 7-20-15; 99-143, eff. 7-27-15.)
| ||
Section 40. The Department of Professional Regulation Law | ||
of the
Civil Administrative Code of Illinois is amended by | ||
changing Section 2105-360 as follows: | ||
(20 ILCS 2105/2105-360) | ||
Sec. 2105-360. Licensing exemptions for athletic team | ||
health care professionals. | ||
(a) Definitions. For purposes of this Section: | ||
"Athletic team" means any professional or amateur level | ||
group from outside the State of Illinois organized for the | ||
purpose of engaging in athletic events that employs the | ||
services of a health care professional. | ||
"Health care professional" means a physician, physician | ||
assistant, physical therapist, athletic trainer, or | ||
acupuncturist. | ||
(b) Notwithstanding any other provision of law, a health | ||
care professional who is licensed to practice in another state | ||
or country shall be exempt from licensure requirements under | ||
the applicable Illinois professional Act while practicing his | ||
or her profession in this State if all of the following | ||
conditions are met: | ||
(1) The health care professional has an oral or written | ||
agreement with an athletic team to provide health care |
services to the athletic team members, coaching staff, and | ||
families traveling with the athletic team for a specific | ||
sporting event to take place in this State. | ||
(2) The health care professional may not provide care | ||
or consultation to any person residing in this State other | ||
than a person described in paragraph (1) of this subsection | ||
(b) unless the care is covered under the Good Samaritan | ||
Act. | ||
(c) The exemption from licensure shall remain in force | ||
while the health care professional is traveling with the | ||
athletic team, but shall be no longer than 10 days per | ||
individual sporting event. | ||
(d) The Secretary, upon prior written request by the health | ||
care professional, may grant the health care professional | ||
additional time of up to 20 additional days per sporting event. | ||
The total number of days the health care professional may be | ||
exempt, including additional time granted upon request, may not | ||
exceed 30 days per sporting event. | ||
(e) A health care professional who is exempt from licensure | ||
requirements under this Section is not authorized to practice | ||
at a health care clinic or facility, including an acute care | ||
facility.
| ||
(Source: P.A. 99-206, eff. 9-1-15.) | ||
Section 45. The Department of Public Health Act is amended | ||
by changing Sections 7 and 8.2 as follows:
|
(20 ILCS 2305/7) (from Ch. 111 1/2, par. 22.05)
| ||
Sec. 7. The Illinois Department of Public Health shall | ||
adopt rules
requiring that upon death of a person who had or is | ||
suspected of having an
infectious or communicable disease that | ||
could be transmitted through
contact with the person's body or | ||
bodily fluids, the body shall be labeled
"Infection Hazard", or | ||
with an equivalent term to inform persons having
subsequent | ||
contact with the body, including any funeral director or
| ||
embalmer, to take suitable precautions. Such rules shall | ||
require that the
label shall be prominently displayed on and | ||
affixed to the outer wrapping
or covering of the body if the | ||
body is wrapped or covered in any manner.
Responsibility for | ||
such labeling shall lie with the attending physician , advanced | ||
practice nurse, or physician assistant who
certifies death, or | ||
if the death occurs in a health care facility, with
such staff | ||
member as may be designated by the administrator of the | ||
facility. The Department may adopt rules providing for the safe | ||
disposal of human remains. To the extent feasible without | ||
endangering the public's health, the Department shall respect | ||
and accommodate the religious beliefs of individuals in | ||
implementing this Section.
| ||
(Source: P.A. 93-829, eff. 7-28-04.)
| ||
(20 ILCS 2305/8.2)
| ||
Sec. 8.2. Osteoporosis Prevention and Education Program.
|
(a) The Department of Public Health, utilizing available | ||
federal funds,
State funds appropriated for that
purpose, or | ||
other available funding as provided for in this Section,
shall | ||
establish, promote, and maintain
an Osteoporosis Prevention | ||
and Education Program to promote public awareness of
the causes | ||
of osteoporosis, options for prevention, the value of early
| ||
detection, and possible treatments (including the benefits and | ||
risks of those
treatments). The Department may accept, for that | ||
purpose, any special grant of
money, services, or property from | ||
the federal government or any of its agencies
or from any | ||
foundation, organization, or medical school.
| ||
(b) The program shall include the following:
| ||
(1) Development of a public education and outreach | ||
campaign to promote
osteoporosis prevention and education, | ||
including, but not limited to, the
following subjects:
| ||
(A) The cause and nature of the disease.
| ||
(B) Risk factors.
| ||
(C) The role of hysterectomy.
| ||
(D) Prevention of osteoporosis, including | ||
nutrition, diet, and physical
exercise.
| ||
(E) Diagnostic procedures and appropriate | ||
indications for their use.
| ||
(F) Hormone replacement, including benefits and | ||
risks.
| ||
(G) Environmental safety and injury prevention.
| ||
(H) Availability of osteoporosis diagnostic |
treatment services in the
community.
| ||
(2) Development of educational materials to be made | ||
available for
consumers, particularly targeted to | ||
high-risk groups, through local health
departments, local | ||
physicians , advanced practice nurses, or physician | ||
assistants , other providers (including, but not limited | ||
to,
health maintenance organizations, hospitals, and | ||
clinics), and women's
organizations.
| ||
(3) Development of professional education programs for | ||
health care
providers to assist them in understanding | ||
research findings and the subjects
set forth in paragraph | ||
(1).
| ||
(4) Development and maintenance of a list of current | ||
providers of
specialized services for the prevention and | ||
treatment of osteoporosis.
Dissemination of the list shall | ||
be accompanied by a description of diagnostic
procedures, | ||
appropriate indications for their use, and a cautionary | ||
statement
about the current status of osteoporosis | ||
research, prevention, and treatment.
The statement shall | ||
also indicate that the Department does not license,
| ||
certify, or in any other way approve osteoporosis programs | ||
or centers in this
State.
| ||
(c) The State Board of Health shall serve as an advisory | ||
board to the
Department with specific respect to the prevention | ||
and education activities
related to osteoporosis described in | ||
this Section. The State Board of Health
shall assist the |
Department in implementing this Section.
| ||
(Source: P.A. 88-622, eff. 1-1-95.)
| ||
Section 50. The Department of Public Health Powers and | ||
Duties Law of the
Civil Administrative Code of Illinois is | ||
amended by changing Sections 2310-345, 2310-397, 2310-410, | ||
2310-425, and 2310-600 and by renumbering and changing Section | ||
2310-685 (as added by Public Act 99-424) as follows:
| ||
(20 ILCS 2310/2310-345) (was 20 ILCS 2310/55.49)
| ||
Sec. 2310-345. Breast cancer; written summary regarding | ||
early detection and
treatment. | ||
(a) From funds made available for this purpose, the
| ||
Department shall publish, in layman's language, a
standardized | ||
written summary outlining methods for the early detection and
| ||
diagnosis of breast cancer. The summary shall include | ||
recommended
guidelines for screening and detection of breast | ||
cancer through the use of
techniques that shall include but not | ||
be limited to self-examination, clinical breast exams, and
| ||
diagnostic radiology.
| ||
(b) The summary shall also suggest that women seek | ||
mammography
services from facilities that
are certified to | ||
perform mammography as required by the
federal Mammography | ||
Quality Standards Act of 1992.
| ||
(c) The summary shall also include the medically viable
| ||
alternative
methods for the treatment of breast cancer, |
including, but not limited to,
hormonal, radiological, | ||
chemotherapeutic, or surgical treatments or
combinations | ||
thereof. The summary shall contain information on breast
| ||
reconstructive surgery, including, but not limited to, the use | ||
of breast
implants and their side effects.
The summary shall | ||
inform the
patient of the advantages, disadvantages, risks, and | ||
dangers of the various
procedures.
The summary shall include | ||
(i) a statement that mammography is the most
accurate method | ||
for making an early detection of breast cancer, however, no
| ||
diagnostic tool is 100% effective, (ii) the benefits of | ||
clinical breast exams, and (iii) instructions for
performing | ||
breast self-examination and a statement that
it is
important to | ||
perform a breast self-examination monthly.
| ||
(c-5) The summary shall specifically address the benefits
| ||
of early detection and review the clinical standard | ||
recommendations by the Centers for Disease Control and | ||
Prevention and the American Cancer Society for mammography, | ||
clinical breast exams, and breast self-exams.
| ||
(c-10) The summary shall also inform individuals that | ||
public and private insurance providers shall pay for clinical | ||
breast exams as part of an exam, as indicated by guidelines of | ||
practice.
| ||
(c-15) The summary shall also inform individuals, in | ||
layman's terms, of the meaning and consequences of "dense | ||
breast tissue" under the guidelines of the Breast Imaging | ||
Reporting and Data System of the American College of Radiology |
and potential recommended follow-up tests or studies. | ||
(d) In developing the summary, the Department shall consult | ||
with the
Advisory Board of Cancer Control, the Illinois State | ||
Medical Society and
consumer groups. The summary shall be | ||
updated by the Department every 2 years.
| ||
(e) The summaries shall additionally be translated into | ||
Spanish, and
the Department shall conduct a public information | ||
campaign to distribute
the summaries to the Hispanic women of | ||
this State in order to inform them
of the importance of early | ||
detection and mammograms.
| ||
(f) The Department shall distribute the summary to | ||
hospitals, public
health centers, and physicians , and other | ||
health care professionals who are likely to perform or order
| ||
diagnostic
tests for breast disease or treat breast cancer by | ||
surgical or other
medical methods. Those hospitals, public | ||
health centers, and physicians , and other health care | ||
professionals
shall make the summaries available to the public. | ||
The Department shall
also distribute the summaries to any | ||
person, organization, or other
interested parties upon | ||
request. The summaries may be duplicated by any
person, | ||
provided the copies are identical to the current summary
| ||
prepared
by the Department.
| ||
(g) The summary shall display, on the inside of its cover, | ||
printed in
capital letters, in bold face type, the following | ||
paragraph:
| ||
"The information contained in this brochure regarding |
recommendations for
early detection and diagnosis of breast | ||
disease and alternative breast
disease treatments is only for | ||
the purpose of assisting you, the patient,
in understanding the | ||
medical information and advice offered by your
physician. This | ||
brochure cannot serve as a substitute for the sound
| ||
professional advice of your physician. The availability of this | ||
brochure
or the information contained within is not intended to | ||
alter, in any way,
the existing physician-patient | ||
relationship, nor the existing professional
obligations of | ||
your physician in the delivery of medical services to you,
the | ||
patient."
| ||
(h) The summary shall be updated when necessary.
| ||
(Source: P.A. 98-502, eff. 1-1-14; 98-886, eff. 1-1-15 .)
| ||
(20 ILCS 2310/2310-397) (was 20 ILCS 2310/55.90)
| ||
Sec. 2310-397. Prostate and testicular cancer program.
| ||
(a) The Department, subject to appropriation or other
| ||
available funding, shall conduct a program to promote awareness | ||
and early
detection of prostate and testicular cancer. The | ||
program may include, but
need not be limited to:
| ||
(1) Dissemination of information regarding the | ||
incidence of prostate and
testicular cancer, the risk | ||
factors associated with prostate and testicular
cancer, | ||
and the benefits of early detection and treatment.
| ||
(2) Promotion of information and counseling about | ||
treatment options.
|
(3) Establishment and promotion of referral services | ||
and screening
programs.
| ||
Beginning July 1, 2004, the program must include the | ||
development and
dissemination, through print and broadcast | ||
media, of public service
announcements that publicize the | ||
importance of prostate cancer screening for
men over age 40.
| ||
(b) Subject to appropriation or other available funding,
a | ||
Prostate Cancer Screening Program shall be
established in the | ||
Department of Public Health.
| ||
(1) The Program shall apply to the following persons | ||
and entities:
| ||
(A) uninsured and underinsured men 50 years of age | ||
and older;
| ||
(B) uninsured and underinsured
men between 40 and | ||
50 years of age who are at high
risk for prostate | ||
cancer, upon the advice of a physician , advanced | ||
practice nurse, or physician assistant or upon the
| ||
request of the patient; and
| ||
(C) non-profit organizations providing assistance | ||
to persons described
in subparagraphs (A) and (B).
| ||
(2) Any entity funded by the Program shall coordinate | ||
with other
local providers of prostate cancer screening, | ||
diagnostic, follow-up,
education, and advocacy services to | ||
avoid duplication of effort. Any
entity funded by the | ||
Program shall comply with any applicable State
and federal | ||
standards regarding prostate cancer screening.
|
(3) Administrative costs of the Department shall not | ||
exceed 10%
of the funds allocated to the Program. Indirect | ||
costs of the
entities funded by this Program shall not | ||
exceed 12%. The
Department shall define "indirect costs" in | ||
accordance with
applicable State and federal law.
| ||
(4) Any entity funded by the Program shall collect data | ||
and
maintain records that are determined by the Department | ||
to be
necessary to facilitate the Department's ability to | ||
monitor and
evaluate the effectiveness of the entities and | ||
the Program.
Commencing with the Program's second year of | ||
operation, the
Department shall submit an Annual Report to | ||
the General Assembly and
the Governor. The report shall | ||
describe the activities
and effectiveness of the Program | ||
and shall include, but not be
limited to, the following | ||
types of information regarding those served
by the Program:
| ||
(A) the number; and
| ||
(B) the ethnic, geographic, and age breakdown.
| ||
(5) The Department or any entity funded by the Program | ||
shall
collect personal and medical information necessary | ||
to administer the
Program from any individual applying for | ||
services under the Program.
The information shall be | ||
confidential and shall not be disclosed
other than for | ||
purposes directly connected with the administration of
the | ||
Program or except as otherwise provided by law or pursuant | ||
to
prior written consent of the subject of the information.
| ||
(6) The Department or any entity funded by the program |
may
disclose the confidential information to medical | ||
personnel and fiscal
intermediaries of the State to the | ||
extent necessary to administer
the Program, and to other | ||
State public health agencies or medical
researchers if the | ||
confidential information is necessary to carry out
the | ||
duties of those agencies or researchers in the | ||
investigation,
control, or surveillance of prostate | ||
cancer.
| ||
(c) The Department shall adopt rules to implement the | ||
Prostate Cancer
Screening Program in accordance with the | ||
Illinois Administrative
Procedure Act.
| ||
(Source: P.A. 98-87, eff. 1-1-14.)
| ||
(20 ILCS 2310/2310-410) (was 20 ILCS 2310/55.42)
| ||
Sec. 2310-410. Sickle cell disease. To conduct a public
| ||
information campaign for physicians, advanced practice nurses, | ||
physician assistants,
hospitals, health facilities, public | ||
health departments, and the general
public on sickle cell | ||
disease, methods of care, and treatment
modalities available; | ||
to identify and catalogue sickle cell resources in
this State | ||
for distribution and referral purposes; and to coordinate
| ||
services with the established programs, including State, | ||
federal, and
voluntary groups.
| ||
(Source: P.A. 91-239, eff. 1-1-00.)
| ||
(20 ILCS 2310/2310-425) (was 20 ILCS 2310/55.66)
|
Sec. 2310-425. Health care summary for women.
| ||
(a) From funds made available from the General Assembly for | ||
this
purpose,
the Department shall publish in plain language, | ||
in both an
English and a Spanish version, a pamphlet providing | ||
information regarding
health care for women which shall include | ||
the following:
| ||
(1) A summary of the various medical conditions, | ||
including cancer,
sexually transmitted diseases, | ||
endometriosis, or other similar diseases or
conditions | ||
widely affecting women's reproductive health, that may | ||
require
a hysterectomy or other treatment.
| ||
(2) A summary of the recommended schedule and | ||
indications for physical
examinations, including "pap | ||
smears" or other tests designed to detect
medical | ||
conditions of the uterus and other reproductive organs.
| ||
(3) A summary of the widely accepted medical | ||
treatments, including
viable alternatives, that may be | ||
prescribed for the medical conditions
specified in | ||
paragraph (1).
| ||
(b) In developing the summary the Department shall consult | ||
with the
Illinois State Medical Society , Illinois Society of | ||
Advanced Practice Nurses, the Illinois Academy of Physician | ||
Assistants, and consumer groups. The summary shall be
updated | ||
by the Department every 2 years.
| ||
(c) The Department shall distribute the summary to | ||
hospitals, public
health centers, and health care |
professionals physicians who are likely to treat medical | ||
conditions
described in paragraph (1) of subsection (a). Those | ||
hospitals, public
health centers, and physicians shall make the | ||
summaries available to the
public. The Department shall also | ||
distribute the summaries to any person,
organization, or other | ||
interested parties upon request. The summary may be
duplicated | ||
by any person provided the copies are identical to the
current
| ||
summary prepared by the Department.
| ||
(d) The summary shall display on the inside of its cover, | ||
printed in
capital letters and bold face type, the following | ||
paragraph:
| ||
"The information contained in this brochure is only for the | ||
purpose of
assisting you, the patient, in understanding the | ||
medical information and
advice offered by your health care | ||
professional physician . This brochure cannot serve as a
| ||
substitute for the sound professional advice of your health | ||
care professional physician . The
availability of this brochure | ||
or the information contained within is not
intended to alter, | ||
in any way, the existing health care professional-patient | ||
physician-patient relationship,
nor the existing professional | ||
obligations of your health care professional physician in the | ||
delivery
of medical services to you, the patient."
| ||
(Source: P.A. 91-239, eff. 1-1-00.)
| ||
(20 ILCS 2310/2310-600)
| ||
Sec. 2310-600. Advance directive information.
|
(a) The Department of Public Health shall prepare and | ||
publish the summary of
advance directives law, as required by | ||
the federal Patient
Self-Determination Act, and related forms. | ||
Publication may be limited to the World Wide Web. The summary | ||
required under this subsection (a) must include the Department | ||
of Public Health Uniform POLST form.
| ||
(b) The Department of Public Health shall publish
Spanish | ||
language
versions of the following:
| ||
(1) The statutory Living Will Declaration form.
| ||
(2) The Illinois Statutory Short Form Power of Attorney | ||
for Health Care.
| ||
(3) The statutory Declaration of Mental Health | ||
Treatment Form.
| ||
(4) The summary of advance directives law in Illinois.
| ||
(5) The Department of Public Health Uniform POLST form.
| ||
Publication may be limited to the World Wide Web.
| ||
(b-5) In consultation with a statewide professional | ||
organization
representing
physicians licensed to practice | ||
medicine in all its branches, statewide
organizations | ||
representing physician assistants, advanced practice nurses, | ||
nursing homes, registered professional nurses, and emergency | ||
medical systems, and a statewide
organization
representing | ||
hospitals, the Department of Public Health shall develop and
| ||
publish a uniform
form for practitioner cardiopulmonary | ||
resuscitation (CPR) or life-sustaining treatment orders that | ||
may be utilized in all
settings. The form shall meet the |
published minimum requirements to nationally be considered a | ||
practitioner orders for life-sustaining treatment form, or | ||
POLST, and
may be referred to as the Department of Public | ||
Health Uniform POLST form. This form does not replace a | ||
physician's or other practitioner's authority to make a | ||
do-not-resuscitate (DNR) order.
| ||
(c) (Blank). | ||
(d) The Department of Public Health shall publish the | ||
Department of Public Health Uniform POLST form reflecting the | ||
changes made by this amendatory Act of the 98th General | ||
Assembly no later than January 1, 2015.
| ||
(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16 .)
| ||
(20 ILCS 2310/2310-690) | ||
Sec. 2310-690 2310-685 . Cytomegalovirus public education. | ||
(a) In this Section: | ||
"CMV" means cytomegalovirus. | ||
"Health care professional and provider" means any | ||
physician, advanced practice nurse, physician assistant, | ||
hospital facility, or other
person that is licensed or | ||
otherwise authorized to deliver health care
services. | ||
(b) The Department shall develop or approve and publish | ||
informational materials for women who may become pregnant, | ||
expectant parents, and parents of infants regarding: | ||
(1) the incidence of CMV; | ||
(2) the transmission of CMV to pregnant women and women |
who may become pregnant; | ||
(3) birth defects caused by congenital CMV; | ||
(4) methods of diagnosing congenital CMV; and | ||
(5) available preventive measures to avoid the | ||
infection of women who are pregnant or may become pregnant. | ||
(c) The Department shall publish the information required | ||
under subsection (b) on its Internet website. | ||
(d) The Department shall publish information to: | ||
(1) educate women who may become pregnant, expectant | ||
parents, and parents of infants about CMV; and | ||
(2) raise awareness of CMV among health care | ||
professionals and providers who provide care to expectant | ||
mothers or infants. | ||
(e) The Department may solicit and accept the assistance of | ||
any relevant health care professional medical associations or | ||
community resources, including faith-based resources, to | ||
promote education about CMV under this Section. | ||
(f) If a newborn infant fails the 2 initial hearing | ||
screenings in the hospital, then the hospital performing that | ||
screening shall provide to the parents of the newborn infant | ||
information regarding: (i) birth defects caused by congenital | ||
CMV; (ii) testing opportunities and options for CMV, including | ||
the opportunity to test for CMV before leaving the hospital; | ||
and (iii) early intervention services. Health care | ||
professionals and providers may , but are not required to, use | ||
the materials developed by the Department for distribution to |
parents of newborn infants.
| ||
(Source: P.A. 99-424, eff. 1-1-16; revised 9-28-15.) | ||
Section 55. The Comprehensive Healthcare Workforce | ||
Planning Act is amended by changing Section 15 as follows: | ||
(20 ILCS 2325/15) | ||
Sec. 15. Members. | ||
(a) The following 10 persons or their designees shall be | ||
members of the Council: the Director of the Department; a | ||
representative of the Governor's Office; the Secretary of Human | ||
Services; the Directors of the Departments of Commerce and | ||
Economic Opportunity, Employment Security, Financial and | ||
Professional Regulation, and Healthcare and Family Services; | ||
and the Executive Director of the Board of Higher Education, | ||
the Executive Director of the Illinois Community College Board, | ||
and the State Superintendent of Education. | ||
(b) The Governor shall appoint 9 8 additional members, who | ||
shall be healthcare workforce experts, including | ||
representatives of practicing physicians, nurses, pharmacists, | ||
and dentists, physician assistants, State and local health | ||
professions organizations, schools of medicine and osteopathy, | ||
nursing, dental, physician assistants, allied health, and | ||
public health; public and private teaching hospitals; health | ||
insurers, business; and labor. The Speaker of the Illinois | ||
House of Representatives, the President of the Illinois Senate, |
the Minority Leader of the Illinois House of Representatives, | ||
and the Minority Leader of the Illinois Senate may each appoint | ||
2 representatives to the Council. Members appointed under this | ||
subsection (b) shall serve 4-year terms and may be reappointed. | ||
(c) The Director of the Department shall serve as Chair of | ||
the Council. The Governor shall appoint a healthcare workforce | ||
expert from the non-governmental sector to serve as Vice-Chair.
| ||
(Source: P.A. 97-424, eff. 7-1-12; 98-719, eff. 1-1-15 .) | ||
Section 60. The Community Health Worker Advisory Board Act | ||
is amended by changing Section 10 as follows: | ||
(20 ILCS 2335/10)
| ||
Sec. 10. Advisory Board. | ||
(a) There is created the Advisory Board on Community Health | ||
Workers. The Board shall consist of 16 15 members appointed by | ||
the Director of Public Health. The Director shall make the | ||
appointments to the Board within 90 days after the effective | ||
date of this Act. The members of the Board shall represent | ||
different racial and ethnic backgrounds and have the | ||
qualifications as follows: | ||
(1) four members who currently serve as community | ||
health workers in Cook County, one of whom shall have | ||
served as a health insurance marketplace navigator; | ||
(2) two members who currently serve as community health | ||
workers in DuPage, Kane, Lake, or Will County; |
(3) one member who currently serves as a community | ||
health worker in Bond, Calhoun, Clinton, Jersey, Macoupin, | ||
Madison, Monroe, Montgomery, Randolph, St. Clair, or | ||
Washington County; | ||
(4) one member who currently serves as a community | ||
health worker in any other county in the State; | ||
(5) one member who is a physician licensed to practice | ||
medicine in Illinois; | ||
(6) one member who is a physician assistant; | ||
(7) (6) one member who is a licensed nurse or advanced | ||
practice nurse; | ||
(8) (7) one member who is a licensed social worker, | ||
counselor, or psychologist; | ||
(9) (8) one member who currently employs community | ||
health workers; | ||
(10) (9) one member who is a health policy advisor with | ||
experience in health workforce policy; | ||
(11) (10) one member who is a public health | ||
professional with experience with community health policy; | ||
and | ||
(12) (11) one representative of a community college, | ||
university, or educational institution that provides | ||
training to community health workers. | ||
(b) In addition, the following persons or their designees | ||
shall serve as ex officio, non-voting members of the Board: the | ||
Executive Director of the Illinois Community College Board, the |
Director of Children and Family Services, the Director of | ||
Aging, the Director of Public Health, the Director of | ||
Employment Security, the Director of Commerce and Economic | ||
Opportunity, the Secretary of Financial and Professional | ||
Regulation, the Director of Healthcare and Family Services, and | ||
the Secretary of Human Services. | ||
(c) The voting members of the Board shall select a | ||
chairperson from the voting members of the Board. The Board | ||
shall consult with additional experts as needed. Members of the | ||
Board shall serve without compensation. The Department shall | ||
provide administrative and staff support to the Board. The | ||
meetings of the Board are subject to the provisions of the Open | ||
Meetings Act. | ||
(d) The Board shall consider the core competencies of a | ||
community health worker, including skills and areas of | ||
knowledge that are essential to bringing about expanded health | ||
and wellness in diverse communities and reducing health | ||
disparities. As relating to members of communities and health | ||
teams, the core competencies for effective community health | ||
workers may include, but are not limited to: | ||
(1) outreach methods and strategies; | ||
(2) client and community assessment; | ||
(3) effective community-based and participatory | ||
methods, including research; | ||
(4) culturally competent communication and care; | ||
(5) health education for behavior change; |
(6) support, advocacy, and health system navigation | ||
for clients; | ||
(7) application of public health concepts and | ||
approaches; | ||
(8) individual and community capacity building and | ||
mobilization; and | ||
(9) writing, oral, technical, and communication | ||
skills.
| ||
(Source: P.A. 98-796, eff. 7-31-14.) | ||
Section 65. The Illinois Housing Development Act is amended | ||
by changing Section 7.30 as follows: | ||
(20 ILCS 3805/7.30) | ||
Sec. 7.30. Foreclosure Prevention Program. | ||
(a) The Authority shall establish and administer a | ||
Foreclosure Prevention Program. The Authority shall use moneys | ||
in the Foreclosure Prevention Program Fund, and any other funds | ||
appropriated for this purpose, to make grants to (i) approved | ||
counseling agencies for approved housing counseling and (ii) | ||
approved community-based organizations for approved | ||
foreclosure prevention outreach programs. The Authority shall | ||
promulgate rules to implement this Program and may adopt | ||
emergency rules as soon as practicable to begin implementation | ||
of the Program. | ||
(b) Subject to
appropriation and the annual receipt of |
funds, the Authority shall make grants from the Foreclosure | ||
Prevention Program Fund derived from fees paid as specified in | ||
subsection (a) of Section 15-1504.1 of the Code of Civil | ||
Procedure as follows: | ||
(1) 25% of the moneys in the Fund shall be used to make | ||
grants to approved counseling agencies that provide | ||
services in Illinois outside of the City of Chicago. Grants | ||
shall be based upon the number of foreclosures filed in an | ||
approved counseling agency's service area, the capacity of | ||
the agency to provide foreclosure counseling services, and | ||
any other factors that the Authority deems appropriate. | ||
(2) 25% of the moneys in the Fund shall be distributed | ||
to the City of Chicago to make grants to approved | ||
counseling agencies located within the City of Chicago for | ||
approved housing counseling or to support foreclosure | ||
prevention counseling programs administered by the City of | ||
Chicago. | ||
(3) 25% of the moneys in the Fund shall be used to make | ||
grants to approved community-based organizations located | ||
outside of the City of Chicago for approved foreclosure | ||
prevention outreach programs. | ||
(4) 25% of the moneys in the Fund shall be used to make | ||
grants to approved community-based organizations located | ||
within the City of Chicago for approved foreclosure | ||
prevention outreach programs, with priority given to | ||
programs that provide door-to-door outreach. |
(b-1) Subject to appropriation and the annual receipt of | ||
funds, the Authority shall make grants from the Foreclosure | ||
Prevention Program Graduated Fund derived from fees paid as | ||
specified in paragraph (1) of subsection (a-5) of Section | ||
15-1504.1 of the Code of Civil Procedure, as follows: | ||
(1) 30% shall be used to make grants for approved | ||
housing counseling in Cook County outside of the City of | ||
Chicago; | ||
(2) 25% shall be used to make grants for approved | ||
housing counseling in the City of Chicago; | ||
(3) 30% shall be used to make grants for approved | ||
housing counseling in DuPage, Kane, Lake, McHenry, and Will | ||
Counties; and | ||
(4) 15% shall be used to make grants for approved | ||
housing counseling in Illinois in counties other than Cook, | ||
DuPage, Kane, Lake, McHenry, and Will Counties provided | ||
that grants to provide approved housing counseling to | ||
borrowers residing within these counties shall be based, to | ||
the extent practicable, (i) proportionately on the amount | ||
of fees paid to the respective clerks of the courts within | ||
these counties and (ii) on any other factors that the | ||
Authority deems appropriate. | ||
The percentages set forth in this subsection (b-1) shall be | ||
calculated after deduction of reimbursable administrative | ||
expenses incurred by the Authority, but shall not be greater | ||
than 4% of the annual appropriated amount. |
(b-5) As used in this Section: | ||
"Approved community-based organization" means a | ||
not-for-profit entity that provides educational and financial | ||
information to residents of a community through in-person | ||
contact. "Approved community-based organization" does not | ||
include a not-for-profit corporation or other entity or person | ||
that provides legal representation or advice in a civil | ||
proceeding or court-sponsored mediation services, or a | ||
governmental agency. | ||
"Approved foreclosure prevention outreach program" means a | ||
program developed by an approved community-based organization | ||
that includes in-person contact with residents to provide (i) | ||
pre-purchase and post-purchase home ownership counseling, (ii) | ||
education about the foreclosure process and the options of a | ||
mortgagor in a foreclosure proceeding, and (iii) programs | ||
developed by an approved community-based organization in | ||
conjunction with a State or federally chartered financial | ||
institution. | ||
"Approved counseling agency" means a housing counseling | ||
agency approved by the U.S. Department of Housing and Urban | ||
Development. | ||
"Approved housing counseling" means in-person counseling | ||
provided by a counselor employed by an approved counseling | ||
agency to all borrowers, or documented telephone counseling | ||
where a hardship would be imposed on one or more borrowers. A | ||
hardship shall exist in instances in which the borrower is |
confined to his or her home due to a medical condition, as | ||
verified in writing by a physician , advanced practice nurse, or | ||
physician assistant , or the borrower resides 50 miles or more | ||
from the nearest approved counseling agency. In instances of | ||
telephone counseling, the borrower must supply all necessary | ||
documents to the counselor at least 72 hours prior to the | ||
scheduled telephone counseling session. | ||
(c) (Blank).
| ||
(c-5) Where the jurisdiction of an approved counseling | ||
agency is included within more than one of the geographic areas | ||
set forth in this Section, the Authority may elect to fully | ||
fund the applicant from one of the relevant geographic areas. | ||
(Source: P.A. 97-1164, eff. 6-1-13; 98-20, eff. 6-11-13.) | ||
Section 70. The Illinois Health Information Exchange and | ||
Technology Act is amended by changing Section 15 as follows: | ||
(20 ILCS 3860/15) | ||
(Section scheduled to be repealed on January 1, 2021)
| ||
Sec. 15. Governance of the Illinois Health Information | ||
Exchange Authority. | ||
(a) The Authority shall consist of and be governed by one | ||
Executive Director and 8 directors who are hereby authorized to | ||
carry out the provisions of this Act and to exercise the powers | ||
conferred under this Act. | ||
(b) The Executive Director and 8 directors shall be |
appointed to 3-year staggered terms by the Governor with the | ||
advice and consent of the Senate. Of the members first | ||
appointed after the effective date of this Act, 3 shall be | ||
appointed for a term of one year, 3 shall be appointed for a | ||
term of 2 years, and 3 shall be appointed for a term of 3 years. | ||
The Executive Director and directors may serve successive terms | ||
and, in the event the term of the Executive Director or a | ||
director expires, he or she shall serve in the expired term | ||
until a new Executive Director or director is appointed and | ||
qualified. Vacancies shall be filled for the unexpired term in | ||
the same manner as original appointments. The Governor may | ||
remove a director or the Executive Director for incompetency, | ||
dereliction of duty, malfeasance, misfeasance, or nonfeasance | ||
in office or any other good cause. The Executive Director shall | ||
be compensated at an annual salary of 75% of the salary of the | ||
Governor.
| ||
(c) The Executive Director and directors shall be chosen | ||
with due regard to broad geographic representation and shall be | ||
representative of a broad spectrum of health care providers and | ||
stakeholders, including representatives from any of the | ||
following fields or groups: health care consumers, consumer | ||
advocates, physicians, physician assistants, nurses, | ||
hospitals, federally qualified health centers as defined in | ||
Section 1905(l)(2)(B) of the Social Security Act and any | ||
subsequent amendments thereto, health plans or third-party | ||
payors, employers, long-term care providers, pharmacists, |
State and local public health entities, outpatient diagnostic | ||
service providers, behavioral health providers, home health | ||
agency organizations, health professional schools in Illinois, | ||
health information technology, or health information research.
| ||
(d) The directors of the Illinois Department of Healthcare | ||
and Family Services, the Illinois Department of Public Health, | ||
and the Illinois Department of Insurance and the Secretary of | ||
the Illinois Department of Human Services, or their designees, | ||
and a designee of the Office of the Governor, shall serve as | ||
ex-officio members of the Authority.
| ||
(e) The Authority is authorized to conduct its business by | ||
a majority of the appointed members. The Authority may adopt | ||
bylaws in order to conduct meetings. The bylaws may permit the | ||
Authority to meet by telecommunication or electronic | ||
communication.
| ||
(f) The Authority shall appoint an Illinois Health | ||
Information Exchange Authority Advisory Committee ("Advisory | ||
Committee") with representation from any of the fields or | ||
groups listed in subsection (c) of this Section. The purpose of | ||
the Advisory Committee shall be to advise and provide | ||
recommendations to the Authority regarding the ILHIE. The | ||
Advisory Committee members shall serve 2-year terms. The | ||
Authority may establish other advisory committees and | ||
subcommittees to conduct the business of the Authority.
| ||
(g) Directors of the Authority, members of the Advisory | ||
Committee, and any other advisory committee and subcommittee |
members may be reimbursed for ordinary and contingent travel | ||
and meeting expenses for their service at the rate approved for | ||
State employee travel.
| ||
(Source: P.A. 96-1331, eff. 7-27-10.) | ||
Section 75. The Property Tax Code is amended by changing | ||
Sections 15-168 and 15-172 as follows: | ||
(35 ILCS 200/15-168) | ||
Sec. 15-168. Homestead exemption for persons with | ||
disabilities. | ||
(a) Beginning with taxable year 2007, an
annual homestead | ||
exemption is granted to persons with disabilities in
the amount | ||
of $2,000, except as provided in subsection (c), to
be deducted | ||
from the property's value as equalized or assessed
by the | ||
Department of Revenue. The person with a disability shall | ||
receive
the homestead exemption upon meeting the following
| ||
requirements: | ||
(1) The property must be occupied as the primary | ||
residence by the person with a disability. | ||
(2) The person with a disability must be liable for | ||
paying the
real estate taxes on the property. | ||
(3) The person with a disability must be an owner of | ||
record of
the property or have a legal or equitable | ||
interest in the
property as evidenced by a written | ||
instrument. In the case
of a leasehold interest in |
property, the lease must be for
a single family residence. | ||
A person who has a disability during the taxable year
is | ||
eligible to apply for this homestead exemption during that
| ||
taxable year. Application must be made during the
application | ||
period in effect for the county of residence. If a
homestead | ||
exemption has been granted under this Section and the
person | ||
awarded the exemption subsequently becomes a resident of
a | ||
facility licensed under the Nursing Home Care Act, the | ||
Specialized Mental Health Rehabilitation Act of 2013, the ID/DD | ||
Community Care Act, or the MC/DD Act, then the
exemption shall | ||
continue (i) so long as the residence continues
to be occupied | ||
by the qualifying person's spouse or (ii) if the
residence | ||
remains unoccupied but is still owned by the person
qualified | ||
for the homestead exemption. | ||
(b) For the purposes of this Section, "person with a | ||
disability"
means a person unable to engage in any substantial | ||
gainful activity by reason of a medically determinable physical | ||
or mental impairment which can be expected to result in death | ||
or has lasted or can be expected to last for a continuous | ||
period of not less than 12 months. Persons with disabilities | ||
filing claims under this Act shall submit proof of disability | ||
in such form and manner as the Department shall by rule and | ||
regulation prescribe. Proof that a claimant is eligible to | ||
receive disability benefits under the Federal Social Security | ||
Act shall constitute proof of disability for purposes of this | ||
Act. Issuance of an Illinois Person with a Disability |
Identification Card stating that the claimant is under a Class | ||
2 disability, as defined in Section 4A of the Illinois | ||
Identification Card Act, shall constitute proof that the person | ||
named thereon is a person with a disability for purposes of | ||
this Act. A person with a disability not covered under the | ||
Federal Social Security Act and not presenting an Illinois | ||
Person with a Disability Identification Card stating that the | ||
claimant is under a Class 2 disability shall be examined by a | ||
physician , advanced practice nurse, or physician assistant | ||
designated by the Department, and his status as a person with a | ||
disability determined using the same standards as used by the | ||
Social Security Administration. The costs of any required | ||
examination shall be borne by the claimant. | ||
(c) For land improved with (i) an apartment building owned
| ||
and operated as a cooperative or (ii) a life care facility as
| ||
defined under Section 2 of the Life Care Facilities Act that is
| ||
considered to be a cooperative, the maximum reduction from the
| ||
value of the property, as equalized or assessed by the
| ||
Department, shall be multiplied by the number of apartments or
| ||
units occupied by a person with a disability. The person with a | ||
disability shall
receive the homestead exemption upon meeting | ||
the following
requirements: | ||
(1) The property must be occupied as the primary | ||
residence by the
person with a disability. | ||
(2) The person with a disability must be liable by | ||
contract with
the owner or owners of record for paying the |
apportioned
property taxes on the property of the | ||
cooperative or life
care facility. In the case of a life | ||
care facility, the
person with a disability must be liable | ||
for paying the apportioned
property taxes under a life care | ||
contract as defined in Section 2 of the Life Care | ||
Facilities Act. | ||
(3) The person with a disability must be an owner of | ||
record of a
legal or equitable interest in the cooperative | ||
apartment
building. A leasehold interest does not meet this
| ||
requirement.
| ||
If a homestead exemption is granted under this subsection, the
| ||
cooperative association or management firm shall credit the
| ||
savings resulting from the exemption to the apportioned tax
| ||
liability of the qualifying person with a disability. The chief | ||
county
assessment officer may request reasonable proof that the
| ||
association or firm has properly credited the exemption. A
| ||
person who willfully refuses to credit an exemption to the
| ||
qualified person with a disability is guilty of a Class B | ||
misdemeanor.
| ||
(d) The chief county assessment officer shall determine the
| ||
eligibility of property to receive the homestead exemption
| ||
according to guidelines established by the Department. After a
| ||
person has received an exemption under this Section, an annual
| ||
verification of eligibility for the exemption shall be mailed
| ||
to the taxpayer. | ||
In counties with fewer than 3,000,000 inhabitants, the |
chief county assessment officer shall provide to each
person | ||
granted a homestead exemption under this Section a form
to | ||
designate any other person to receive a duplicate of any
notice | ||
of delinquency in the payment of taxes assessed and
levied | ||
under this Code on the person's qualifying property. The
| ||
duplicate notice shall be in addition to the notice required to
| ||
be provided to the person receiving the exemption and shall be | ||
given in the manner required by this Code. The person filing
| ||
the request for the duplicate notice shall pay an
| ||
administrative fee of $5 to the chief county assessment
| ||
officer. The assessment officer shall then file the executed
| ||
designation with the county collector, who shall issue the
| ||
duplicate notices as indicated by the designation. A
| ||
designation may be rescinded by the person with a disability in | ||
the
manner required by the chief county assessment officer. | ||
(e) A taxpayer who claims an exemption under Section 15-165 | ||
or 15-169 may not claim an exemption under this Section.
| ||
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; | ||
99-180, eff. 7-29-15; revised 10-20-15.)
| ||
(35 ILCS 200/15-172)
| ||
Sec. 15-172. Senior Citizens Assessment Freeze Homestead | ||
Exemption.
| ||
(a) This Section may be cited as the Senior Citizens | ||
Assessment
Freeze Homestead Exemption.
| ||
(b) As used in this Section:
|
"Applicant" means an individual who has filed an | ||
application under this
Section.
| ||
"Base amount" means the base year equalized assessed value | ||
of the residence
plus the first year's equalized assessed value | ||
of any added improvements which
increased the assessed value of | ||
the residence after the base year.
| ||
"Base year" means the taxable year prior to the taxable | ||
year for which the
applicant first qualifies and applies for | ||
the exemption provided that in the
prior taxable year the | ||
property was improved with a permanent structure that
was | ||
occupied as a residence by the applicant who was liable for | ||
paying real
property taxes on the property and who was either | ||
(i) an owner of record of the
property or had legal or | ||
equitable interest in the property as evidenced by a
written | ||
instrument or (ii) had a legal or equitable interest as a | ||
lessee in the
parcel of property that was single family | ||
residence.
If in any subsequent taxable year for which the | ||
applicant applies and
qualifies for the exemption the equalized | ||
assessed value of the residence is
less than the equalized | ||
assessed value in the existing base year
(provided that such | ||
equalized assessed value is not
based
on an
assessed value that | ||
results from a temporary irregularity in the property that
| ||
reduces the
assessed value for one or more taxable years), then | ||
that
subsequent taxable year shall become the base year until a | ||
new base year is
established under the terms of this paragraph. | ||
For taxable year 1999 only, the
Chief County Assessment Officer |
shall review (i) all taxable years for which
the
applicant | ||
applied and qualified for the exemption and (ii) the existing | ||
base
year.
The assessment officer shall select as the new base | ||
year the year with the
lowest equalized assessed value.
An | ||
equalized assessed value that is based on an assessed value | ||
that results
from a
temporary irregularity in the property that | ||
reduces the assessed value for one
or more
taxable years shall | ||
not be considered the lowest equalized assessed value.
The | ||
selected year shall be the base year for
taxable year 1999 and | ||
thereafter until a new base year is established under the
terms | ||
of this paragraph.
| ||
"Chief County Assessment Officer" means the County | ||
Assessor or Supervisor of
Assessments of the county in which | ||
the property is located.
| ||
"Equalized assessed value" means the assessed value as | ||
equalized by the
Illinois Department of Revenue.
| ||
"Household" means the applicant, the spouse of the | ||
applicant, and all persons
using the residence of the applicant | ||
as their principal place of residence.
| ||
"Household income" means the combined income of the members | ||
of a household
for the calendar year preceding the taxable | ||
year.
| ||
"Income" has the same meaning as provided in Section 3.07 | ||
of the Senior
Citizens and Persons with Disabilities Property | ||
Tax Relief
Act, except that, beginning in assessment year 2001, | ||
"income" does not
include veteran's benefits.
|
"Internal Revenue Code of 1986" means the United States | ||
Internal Revenue Code
of 1986 or any successor law or laws | ||
relating to federal income taxes in effect
for the year | ||
preceding the taxable year.
| ||
"Life care facility that qualifies as a cooperative" means | ||
a facility as
defined in Section 2 of the Life Care Facilities | ||
Act.
| ||
"Maximum income limitation" means: | ||
(1) $35,000 prior
to taxable year 1999; | ||
(2) $40,000 in taxable years 1999 through 2003; | ||
(3) $45,000 in taxable years 2004 through 2005; | ||
(4) $50,000 in taxable years 2006 and 2007; and | ||
(5) $55,000 in taxable year 2008 and thereafter.
| ||
"Residence" means the principal dwelling place and | ||
appurtenant structures
used for residential purposes in this | ||
State occupied on January 1 of the
taxable year by a household | ||
and so much of the surrounding land, constituting
the parcel | ||
upon which the dwelling place is situated, as is used for
| ||
residential purposes. If the Chief County Assessment Officer | ||
has established a
specific legal description for a portion of | ||
property constituting the
residence, then that portion of | ||
property shall be deemed the residence for the
purposes of this | ||
Section.
| ||
"Taxable year" means the calendar year during which ad | ||
valorem property taxes
payable in the next succeeding year are | ||
levied.
|
(c) Beginning in taxable year 1994, a senior citizens | ||
assessment freeze
homestead exemption is granted for real | ||
property that is improved with a
permanent structure that is | ||
occupied as a residence by an applicant who (i) is
65 years of | ||
age or older during the taxable year, (ii) has a household | ||
income that does not exceed the maximum income limitation, | ||
(iii) is liable for paying real property taxes on
the
property, | ||
and (iv) is an owner of record of the property or has a legal or
| ||
equitable interest in the property as evidenced by a written | ||
instrument. This
homestead exemption shall also apply to a | ||
leasehold interest in a parcel of
property improved with a | ||
permanent structure that is a single family residence
that is | ||
occupied as a residence by a person who (i) is 65 years of age | ||
or older
during the taxable year, (ii) has a household income | ||
that does not exceed the maximum income limitation,
(iii)
has a | ||
legal or equitable ownership interest in the property as | ||
lessee, and (iv)
is liable for the payment of real property | ||
taxes on that property.
| ||
In counties of 3,000,000 or more inhabitants, the amount of | ||
the exemption for all taxable years is the equalized assessed | ||
value of the
residence in the taxable year for which | ||
application is made minus the base
amount. In all other | ||
counties, the amount of the exemption is as follows: (i) | ||
through taxable year 2005 and for taxable year 2007 and | ||
thereafter, the amount of this exemption shall be the equalized | ||
assessed value of the
residence in the taxable year for which |
application is made minus the base
amount; and (ii) for
taxable | ||
year 2006, the amount of the exemption is as follows:
| ||
(1) For an applicant who has a household income of | ||
$45,000 or less, the amount of the exemption is the | ||
equalized assessed value of the
residence in the taxable | ||
year for which application is made minus the base
amount. | ||
(2) For an applicant who has a household income | ||
exceeding $45,000 but not exceeding $46,250, the amount of | ||
the exemption is (i) the equalized assessed value of the
| ||
residence in the taxable year for which application is made | ||
minus the base
amount (ii) multiplied by 0.8. | ||
(3) For an applicant who has a household income | ||
exceeding $46,250 but not exceeding $47,500, the amount of | ||
the exemption is (i) the equalized assessed value of the
| ||
residence in the taxable year for which application is made | ||
minus the base
amount (ii) multiplied by 0.6. | ||
(4) For an applicant who has a household income | ||
exceeding $47,500 but not exceeding $48,750, the amount of | ||
the exemption is (i) the equalized assessed value of the
| ||
residence in the taxable year for which application is made | ||
minus the base
amount (ii) multiplied by 0.4. | ||
(5) For an applicant who has a household income | ||
exceeding $48,750 but not exceeding $50,000, the amount of | ||
the exemption is (i) the equalized assessed value of the
| ||
residence in the taxable year for which application is made | ||
minus the base
amount (ii) multiplied by 0.2.
|
When the applicant is a surviving spouse of an applicant | ||
for a prior year for
the same residence for which an exemption | ||
under this Section has been granted,
the base year and base | ||
amount for that residence are the same as for the
applicant for | ||
the prior year.
| ||
Each year at the time the assessment books are certified to | ||
the County Clerk,
the Board of Review or Board of Appeals shall | ||
give to the County Clerk a list
of the assessed values of | ||
improvements on each parcel qualifying for this
exemption that | ||
were added after the base year for this parcel and that
| ||
increased the assessed value of the property.
| ||
In the case of land improved with an apartment building | ||
owned and operated as
a cooperative or a building that is a | ||
life care facility that qualifies as a
cooperative, the maximum | ||
reduction from the equalized assessed value of the
property is | ||
limited to the sum of the reductions calculated for each unit
| ||
occupied as a residence by a person or persons (i) 65 years of | ||
age or older, (ii) with a
household income that does not exceed | ||
the maximum income limitation, (iii) who is liable, by contract | ||
with the
owner
or owners of record, for paying real property | ||
taxes on the property, and (iv) who is
an owner of record of a | ||
legal or equitable interest in the cooperative
apartment | ||
building, other than a leasehold interest. In the instance of a
| ||
cooperative where a homestead exemption has been granted under | ||
this Section,
the cooperative association or its management | ||
firm shall credit the savings
resulting from that exemption |
only to the apportioned tax liability of the
owner who | ||
qualified for the exemption. Any person who willfully refuses | ||
to
credit that savings to an owner who qualifies for the | ||
exemption is guilty of a
Class B misdemeanor.
| ||
When a homestead exemption has been granted under this | ||
Section and an
applicant then becomes a resident of a facility | ||
licensed under the Assisted Living and Shared Housing Act, the | ||
Nursing Home
Care Act, the Specialized Mental Health | ||
Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||
the MC/DD Act, the exemption shall be granted in subsequent | ||
years so long as the
residence (i) continues to be occupied by | ||
the qualified applicant's spouse or
(ii) if remaining | ||
unoccupied, is still owned by the qualified applicant for the
| ||
homestead exemption.
| ||
Beginning January 1, 1997, when an individual dies who | ||
would have qualified
for an exemption under this Section, and | ||
the surviving spouse does not
independently qualify for this | ||
exemption because of age, the exemption under
this Section | ||
shall be granted to the surviving spouse for the taxable year
| ||
preceding and the taxable
year of the death, provided that, | ||
except for age, the surviving spouse meets
all
other | ||
qualifications for the granting of this exemption for those | ||
years.
| ||
When married persons maintain separate residences, the | ||
exemption provided for
in this Section may be claimed by only | ||
one of such persons and for only one
residence.
|
For taxable year 1994 only, in counties having less than | ||
3,000,000
inhabitants, to receive the exemption, a person shall | ||
submit an application by
February 15, 1995 to the Chief County | ||
Assessment Officer
of the county in which the property is | ||
located. In counties having 3,000,000
or more inhabitants, for | ||
taxable year 1994 and all subsequent taxable years, to
receive | ||
the exemption, a person
may submit an application to the Chief | ||
County
Assessment Officer of the county in which the property | ||
is located during such
period as may be specified by the Chief | ||
County Assessment Officer. The Chief
County Assessment Officer | ||
in counties of 3,000,000 or more inhabitants shall
annually | ||
give notice of the application period by mail or by | ||
publication. In
counties having less than 3,000,000 | ||
inhabitants, beginning with taxable year
1995 and thereafter, | ||
to receive the exemption, a person
shall
submit an
application | ||
by July 1 of each taxable year to the Chief County Assessment
| ||
Officer of the county in which the property is located. A | ||
county may, by
ordinance, establish a date for submission of | ||
applications that is
different than
July 1.
The applicant shall | ||
submit with the
application an affidavit of the applicant's | ||
total household income, age,
marital status (and if married the | ||
name and address of the applicant's spouse,
if known), and | ||
principal dwelling place of members of the household on January
| ||
1 of the taxable year. The Department shall establish, by rule, | ||
a method for
verifying the accuracy of affidavits filed by | ||
applicants under this Section, and the Chief County Assessment |
Officer may conduct audits of any taxpayer claiming an | ||
exemption under this Section to verify that the taxpayer is | ||
eligible to receive the exemption. Each application shall | ||
contain or be verified by a written declaration that it is made | ||
under the penalties of perjury. A taxpayer's signing a | ||
fraudulent application under this Act is perjury, as defined in | ||
Section 32-2 of the Criminal Code of 2012.
The applications | ||
shall be clearly marked as applications for the Senior
Citizens | ||
Assessment Freeze Homestead Exemption and must contain a notice | ||
that any taxpayer who receives the exemption is subject to an | ||
audit by the Chief County Assessment Officer.
| ||
Notwithstanding any other provision to the contrary, in | ||
counties having fewer
than 3,000,000 inhabitants, if an | ||
applicant fails
to file the application required by this | ||
Section in a timely manner and this
failure to file is due to a | ||
mental or physical condition sufficiently severe so
as to | ||
render the applicant incapable of filing the application in a | ||
timely
manner, the Chief County Assessment Officer may extend | ||
the filing deadline for
a period of 30 days after the applicant | ||
regains the capability to file the
application, but in no case | ||
may the filing deadline be extended beyond 3
months of the | ||
original filing deadline. In order to receive the extension
| ||
provided in this paragraph, the applicant shall provide the | ||
Chief County
Assessment Officer with a signed statement from | ||
the applicant's physician , advanced practice nurse, or | ||
physician assistant
stating the nature and extent of the |
condition, that, in the
physician's , advanced practice | ||
nurse's, or physician assistant's opinion, the condition was so | ||
severe that it rendered the applicant
incapable of filing the | ||
application in a timely manner, and the date on which
the | ||
applicant regained the capability to file the application.
| ||
Beginning January 1, 1998, notwithstanding any other | ||
provision to the
contrary, in counties having fewer than | ||
3,000,000 inhabitants, if an applicant
fails to file the | ||
application required by this Section in a timely manner and
| ||
this failure to file is due to a mental or physical condition | ||
sufficiently
severe so as to render the applicant incapable of | ||
filing the application in a
timely manner, the Chief County | ||
Assessment Officer may extend the filing
deadline for a period | ||
of 3 months. In order to receive the extension provided
in this | ||
paragraph, the applicant shall provide the Chief County | ||
Assessment
Officer with a signed statement from the applicant's | ||
physician , advanced practice nurse, or physician assistant | ||
stating the
nature and extent of the condition, and that, in | ||
the physician's , advanced practice nurse's, or physician | ||
assistant's opinion, the
condition was so severe that it | ||
rendered the applicant incapable of filing the
application in a | ||
timely manner.
| ||
In counties having less than 3,000,000 inhabitants, if an | ||
applicant was
denied an exemption in taxable year 1994 and the | ||
denial occurred due to an
error on the part of an assessment
| ||
official, or his or her agent or employee, then beginning in |
taxable year 1997
the
applicant's base year, for purposes of | ||
determining the amount of the exemption,
shall be 1993 rather | ||
than 1994. In addition, in taxable year 1997, the
applicant's | ||
exemption shall also include an amount equal to (i) the amount | ||
of
any exemption denied to the applicant in taxable year 1995 | ||
as a result of using
1994, rather than 1993, as the base year, | ||
(ii) the amount of any exemption
denied to the applicant in | ||
taxable year 1996 as a result of using 1994, rather
than 1993, | ||
as the base year, and (iii) the amount of the exemption | ||
erroneously
denied for taxable year 1994.
| ||
For purposes of this Section, a person who will be 65 years | ||
of age during the
current taxable year shall be eligible to | ||
apply for the homestead exemption
during that taxable year. | ||
Application shall be made during the application
period in | ||
effect for the county of his or her residence.
| ||
The Chief County Assessment Officer may determine the | ||
eligibility of a life
care facility that qualifies as a | ||
cooperative to receive the benefits
provided by this Section by | ||
use of an affidavit, application, visual
inspection, | ||
questionnaire, or other reasonable method in order to insure | ||
that
the tax savings resulting from the exemption are credited | ||
by the management
firm to the apportioned tax liability of each | ||
qualifying resident. The Chief
County Assessment Officer may | ||
request reasonable proof that the management firm
has so | ||
credited that exemption.
| ||
Except as provided in this Section, all information |
received by the chief
county assessment officer or the | ||
Department from applications filed under this
Section, or from | ||
any investigation conducted under the provisions of this
| ||
Section, shall be confidential, except for official purposes or
| ||
pursuant to official procedures for collection of any State or | ||
local tax or
enforcement of any civil or criminal penalty or | ||
sanction imposed by this Act or
by any statute or ordinance | ||
imposing a State or local tax. Any person who
divulges any such | ||
information in any manner, except in accordance with a proper
| ||
judicial order, is guilty of a Class A misdemeanor.
| ||
Nothing contained in this Section shall prevent the | ||
Director or chief county
assessment officer from publishing or | ||
making available reasonable statistics
concerning the | ||
operation of the exemption contained in this Section in which
| ||
the contents of claims are grouped into aggregates in such a | ||
way that
information contained in any individual claim shall | ||
not be disclosed.
| ||
(d) Each Chief County Assessment Officer shall annually | ||
publish a notice
of availability of the exemption provided | ||
under this Section. The notice
shall be published at least 60 | ||
days but no more than 75 days prior to the date
on which the | ||
application must be submitted to the Chief County Assessment
| ||
Officer of the county in which the property is located. The | ||
notice shall
appear in a newspaper of general circulation in | ||
the county.
| ||
Notwithstanding Sections 6 and 8 of the State Mandates Act, |
no reimbursement by the State is required for the | ||
implementation of any mandate created by this Section.
| ||
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; | ||
99-180, eff. 7-29-15; revised 10-21-15.) | ||
Section 80. The Missing Persons Identification Act is | ||
amended by changing Section 5 as follows: | ||
(50 ILCS 722/5) | ||
Sec. 5. Missing person reports. | ||
(a) Report acceptance. All law enforcement agencies shall | ||
accept without delay any report of a missing person. Acceptance | ||
of a missing person report filed in person may not be refused | ||
on any ground. No law enforcement agency may refuse to accept a | ||
missing person report: | ||
(1) on the basis that the missing person is an adult; | ||
(2) on the basis that the circumstances do not indicate | ||
foul play; | ||
(3) on the basis that the person has been missing for a | ||
short period of time; | ||
(4) on the basis that the person has been missing a | ||
long period of time; | ||
(5) on the basis that there is no indication that the | ||
missing person was in the jurisdiction served by the law | ||
enforcement agency at the time of the disappearance; | ||
(6) on the basis that the circumstances suggest that |
the disappearance may be voluntary; | ||
(7) on the basis that the reporting individual does not | ||
have personal knowledge of the facts; | ||
(8) on the basis that the reporting individual cannot | ||
provide all of the information requested by the law | ||
enforcement agency; | ||
(9) on the basis that the reporting individual lacks a | ||
familial or other relationship with the missing person; | ||
(9-5) on the basis of the missing person's mental state | ||
or medical condition; or | ||
(10) for any other reason. | ||
(b) Manner of reporting. All law enforcement agencies shall | ||
accept missing person reports in person. Law enforcement | ||
agencies are encouraged to accept reports by phone or by | ||
electronic or other media to the extent that such reporting is | ||
consistent with law enforcement policies or practices. | ||
(c) Contents of report. In accepting a report of a missing | ||
person, the law enforcement agency shall attempt to gather | ||
relevant information relating to the disappearance. The law | ||
enforcement agency shall attempt to gather at the time of the | ||
report information that shall include, but shall not be limited | ||
to, the following: | ||
(1) the name of the missing person, including | ||
alternative names used; | ||
(2) the missing person's date of birth; | ||
(3) the missing person's identifying marks, such as |
birthmarks, moles, tattoos, and scars; | ||
(4) the missing person's height and weight; | ||
(5) the missing person's gender; | ||
(6) the missing person's race; | ||
(7) the missing person's current hair color and true or | ||
natural hair color; | ||
(8) the missing person's eye color; | ||
(9) the missing person's prosthetics, surgical | ||
implants, or cosmetic implants; | ||
(10) the missing person's physical anomalies; | ||
(11) the missing person's blood type, if known; | ||
(12) the missing person's driver's license number, if | ||
known; | ||
(13) the missing person's social security number, if | ||
known; | ||
(14) a photograph of the missing person; recent | ||
photographs are preferable and the agency is encouraged to | ||
attempt to ascertain the approximate date the photograph | ||
was taken; | ||
(15) a description of the clothing the missing person | ||
was believed to be wearing; | ||
(16) a description of items that might be with the | ||
missing person, such as jewelry, accessories, and shoes or | ||
boots; | ||
(17) information on the missing person's electronic | ||
communications devices, such as cellular telephone numbers |
and e-mail addresses; | ||
(18) the reasons why the reporting individual believes | ||
that the person is missing; | ||
(19)
the name and location of the missing person's | ||
school or employer, if known;
| ||
(20) the name and location of the missing person's | ||
dentist or primary care physician or provider , or both, if | ||
known; | ||
(21) any circumstances that may indicate that the | ||
disappearance was not voluntary; | ||
(22) any circumstances that may indicate that the | ||
missing person may be at risk of injury or death; | ||
(23) a description of the possible means of | ||
transportation of the missing person, including make, | ||
model, color, license number, and Vehicle Identification | ||
Number of a vehicle; | ||
(24) any identifying information about a known or | ||
possible abductor or person last seen with the missing | ||
person, or both, including: | ||
(A) name; | ||
(B) a physical description; | ||
(C) date of birth; | ||
(D) identifying marks; | ||
(E) the description of possible means of | ||
transportation, including make, model, color, license | ||
number, and Vehicle Identification Number of a |
vehicle; | ||
(F) known associates; | ||
(25) any other information that may aid in locating the | ||
missing person; and | ||
(26) the date of last contact. | ||
(d) Notification and follow up action. | ||
(1) Notification. The law enforcement agency shall | ||
notify the person making the report, a family member, or | ||
other person in a position to assist the law enforcement | ||
agency in its efforts to locate the missing person of the | ||
following: | ||
(A) general information about the handling of the | ||
missing person case or about intended efforts in the | ||
case to the extent that the law enforcement agency | ||
determines that disclosure would not adversely affect | ||
its ability to locate or protect the missing person or | ||
to apprehend or prosecute any person criminally | ||
involved in the disappearance; | ||
(B) that the person should promptly contact the law | ||
enforcement agency if the missing person remains | ||
missing in order to provide additional information and | ||
materials that will aid in locating the missing person | ||
such as the missing person's credit cards, debit cards, | ||
banking information, and cellular telephone records; | ||
and | ||
(C) that any DNA samples provided for the missing |
person case are provided on a voluntary basis and will | ||
be used solely to help locate or identify the missing | ||
person and will not be used for any other purpose. | ||
The law enforcement agency, upon acceptance of a | ||
missing person report, shall inform the reporting citizen | ||
of one of 2 resources, based upon the age of the missing | ||
person. If the missing person is under 18 years of age, | ||
contact information for the National Center for Missing and | ||
Exploited Children shall be given. If the missing person is | ||
age 18 or older, contact information for the National | ||
Center for Missing Adults shall be given. | ||
Agencies handling the remains of a missing person who | ||
is deceased must notify the agency handling the missing | ||
person's case. Documented efforts must be made to locate | ||
family members of the deceased person to inform them of the | ||
death and location of the remains of their family member. | ||
The law enforcement agency is encouraged to make | ||
available informational materials, through publications or | ||
electronic or other media, that advise the public about how | ||
the information or materials identified in this subsection | ||
are used to help locate or identify missing persons. | ||
(2) Follow up action. If the person identified in the | ||
missing person report remains missing after 30 days, and | ||
the additional information and materials specified below | ||
have not been received, the law enforcement agency shall | ||
attempt to obtain: |
(A) DNA samples from family members or from the | ||
missing person along with any needed documentation, or | ||
both, including any consent forms, required for the use | ||
of State or federal DNA databases, including, but not | ||
limited to, the Local DNA Index System (LDIS), State | ||
DNA Index System (SDIS), and National DNA Index System | ||
(NDIS); | ||
(B) an authorization to release dental or skeletal | ||
x-rays of the missing person; | ||
(C) any additional photographs of the missing | ||
person that may aid the investigation or an | ||
identification; the law enforcement agency is not | ||
required to obtain written authorization before it | ||
releases publicly any photograph that would aid in the | ||
investigation or identification of the missing person; | ||
(D) dental information and x-rays; and | ||
(E) fingerprints. | ||
(3) All DNA samples obtained in missing person cases | ||
shall be immediately forwarded to the Department of State | ||
Police for analysis. The Department of State Police shall | ||
establish procedures for determining how to prioritize | ||
analysis of the samples relating to missing person cases. | ||
(4) This subsection shall not be interpreted to | ||
preclude a law enforcement agency from attempting to obtain | ||
the materials identified in this subsection before the | ||
expiration of the 30-day period.
|
(Source: P.A. 99-244, eff. 1-1-16 .) | ||
Section 85. The Counties Code is amended by changing | ||
Sections 3-14049, 3-15003.6, 5-1069, and 5-21001 as follows:
| ||
(55 ILCS 5/3-14049) (from Ch. 34, par. 3-14049)
| ||
Sec. 3-14049.
Appointment of physicians and nurses for the | ||
poor
and mentally ill persons. The appointment, employment and | ||
removal by the
Board of Commissioners of Cook County , of all | ||
physicians and surgeons , advanced practice nurses, physician | ||
assistants, and
nurses for the care and treatment of the sick, | ||
poor, mentally ill or
persons in need of mental treatment of | ||
said county shall be made only in
conformity with rules | ||
prescribed by the County Civil Service Commission to
accomplish | ||
the purposes of this Section.
| ||
The Board of Commissioners of Cook County may provide that | ||
all such
physicians and surgeons who serve without compensation | ||
shall be appointed
for a term to be fixed by the Board, and | ||
that the physicians and surgeons
usually designated and known | ||
as interns shall be appointed for a term to
be fixed by the | ||
Board: Provided, that there may also, at the discretion of
the | ||
board, be a consulting staff of physicians and surgeons, which | ||
staff
may be appointed by the president, subject to the | ||
approval of the board,
and provided further, that the Board may | ||
contract with any recognized
training school or any program for | ||
health professionals for health care services the nursing of |
any or all of such sick or mentally ill
or persons in need of | ||
mental treatment.
| ||
(Source: P.A. 86-962.)
| ||
(55 ILCS 5/3-15003.6)
| ||
Sec. 3-15003.6. Pregnant female prisoners. | ||
(a) Definitions. For the purpose of this Section: | ||
(1) "Restraints" means any physical restraint or | ||
mechanical device used to control the movement of a | ||
prisoner's body or limbs, or both, including, but not | ||
limited to, flex cuffs, soft restraints, hard metal | ||
handcuffs, a black box, Chubb cuffs, leg irons, belly | ||
chains, a security (tether) chain, or a convex shield, or | ||
shackles of any kind. | ||
(2) "Labor" means the period of time before a birth and | ||
shall include any medical condition in which a woman is | ||
sent or brought to the hospital for the purpose of | ||
delivering her baby. These situations include: induction | ||
of labor, prodromal labor, pre-term labor, prelabor | ||
rupture of membranes, the 3 stages of active labor, uterine | ||
hemorrhage during the third trimester of pregnancy, and | ||
caesarian delivery including pre-operative preparation. | ||
(3) "Post-partum" means, as determined by her | ||
physician , advanced practice nurse, or physician | ||
assistant , the period immediately following delivery, | ||
including the entire period a woman is in the hospital or |
infirmary after birth. | ||
(4) "Correctional institution" means any entity under | ||
the authority of a county law enforcement division of a | ||
county of more than 3,000,000 inhabitants that has the | ||
power to detain or restrain, or both, a person under the | ||
laws of the State. | ||
(5) "Corrections official" means the official that is | ||
responsible for oversight of a correctional institution, | ||
or his or her designee. | ||
(6) "Prisoner" means any person incarcerated or | ||
detained in any facility who is accused of, convicted of, | ||
sentenced for, or adjudicated delinquent for, violations | ||
of criminal law or the terms and conditions of parole, | ||
probation, pretrial release, or diversionary program, and | ||
any person detained under the immigration laws of the | ||
United States at any correctional facility. | ||
(7) "Extraordinary circumstance" means an | ||
extraordinary medical or security circumstance, including | ||
a substantial flight risk, that dictates restraints be used | ||
to ensure the safety and security of the prisoner, the | ||
staff of the correctional institution or medical facility, | ||
other prisoners, or the public. | ||
(b) A county department of corrections shall not apply | ||
security restraints to a prisoner that has been determined by a | ||
qualified medical professional to be pregnant and is known by | ||
the county department of corrections to be pregnant or in |
postpartum recovery, which is the entire period a woman is in | ||
the medical facility after birth, unless the corrections | ||
official makes an individualized determination that the | ||
prisoner presents a substantial flight risk or some other | ||
extraordinary circumstance that dictates security restraints | ||
be used to ensure the safety and security of the prisoner, her | ||
child or unborn child, the staff of the county department of | ||
corrections or medical facility, other prisoners, or the | ||
public. The protections set out in clauses (b)(3) and (b)(4) of | ||
this Section shall apply to security restraints used pursuant | ||
to this subsection. The corrections official shall immediately | ||
remove all restraints upon the written or oral request of | ||
medical personnel. Oral requests made by medical personnel | ||
shall be verified in writing as promptly as reasonably | ||
possible. | ||
(1) Qualified authorized health staff shall have the | ||
authority to order therapeutic restraints for a pregnant or | ||
postpartum prisoner who is a danger to herself, her child, | ||
unborn child, or other persons due to a psychiatric or | ||
medical disorder. Therapeutic restraints may only be | ||
initiated, monitored and discontinued by qualified and | ||
authorized health staff and used to safely limit a | ||
prisoner's mobility for psychiatric or medical reasons. No | ||
order for therapeutic restraints shall be written unless | ||
medical or mental health personnel, after personally | ||
observing and examining the prisoner, are clinically |
satisfied that the use of therapeutic restraints is | ||
justified and permitted in accordance with hospital | ||
policies and applicable State law. Metal handcuffs or | ||
shackles are not considered therapeutic restraints. | ||
(2) Whenever therapeutic restraints are used by | ||
medical personnel, Section 2-108 of the Mental Health and | ||
Developmental Disabilities Code shall apply. | ||
(3) Leg irons, shackles or waist shackles shall not be | ||
used on any pregnant or postpartum prisoner regardless of | ||
security classification. Except for therapeutic restraints | ||
under clause (b)(2), no restraints of any kind may be | ||
applied to prisoners during labor. | ||
(4) When a pregnant or postpartum prisoner must be | ||
restrained, restraints used shall be the least restrictive | ||
restraints possible to ensure the safety and security of | ||
the prisoner, her child, unborn child, the staff of the | ||
county department of corrections or medical facility, | ||
other prisoners, or the public, and in no case shall | ||
include leg irons, shackles or waist shackles. | ||
(5) Upon the pregnant prisoner's entry into a hospital | ||
room, and completion of initial room inspection, a | ||
corrections official shall be posted immediately outside | ||
the hospital room, unless requested to be in the room by | ||
medical personnel attending to the prisoner's medical | ||
needs. | ||
(6) The county department of corrections shall provide |
adequate corrections personnel to monitor the pregnant | ||
prisoner during her transport to and from the hospital and | ||
during her stay at the hospital. | ||
(7) Where the county department of corrections | ||
requires prisoner safety assessments, a corrections | ||
official may enter the hospital room to conduct periodic | ||
prisoner safety assessments, except during a medical | ||
examination or the delivery process. | ||
(8) Upon discharge from a medical facility, postpartum | ||
prisoners shall be restrained only with handcuffs in front | ||
of the body during transport to the county department of | ||
corrections. A corrections official shall immediately | ||
remove all security restraints upon written or oral request | ||
by medical personnel. Oral requests made by medical | ||
personnel shall be verified in writing as promptly as | ||
reasonably possible. | ||
(c) Enforcement.
No later than 30 days before the end of | ||
each fiscal year, the county sheriff or corrections official of | ||
the correctional institution where a pregnant prisoner has been | ||
restrained during that previous fiscal year, shall submit a | ||
written report to the Illinois General Assembly and the Office | ||
of the Governor that includes an account of every instance of | ||
prisoner restraint pursuant to this Section. The written report | ||
shall state the date, time, location and rationale for each | ||
instance in which restraints are used. The written report shall | ||
not contain any individually identifying information of any |
prisoner. Such reports shall be made available for public | ||
inspection.
| ||
(Source: P.A. 97-660, eff. 6-1-12 .)
| ||
(55 ILCS 5/5-1069) (from Ch. 34, par. 5-1069)
| ||
Sec. 5-1069. Group life, health, accident, hospital, and | ||
medical
insurance. | ||
(a) The county board of any county may arrange to provide, | ||
for
the benefit of employees of the county, group life, health, | ||
accident, hospital,
and medical insurance, or any one or any | ||
combination of those types of
insurance, or the county board | ||
may self-insure, for the benefit of its
employees, all or a | ||
portion of the employees' group life, health, accident,
| ||
hospital, and medical insurance, or any one or any combination | ||
of those
types of insurance, including a combination of | ||
self-insurance and other
types of insurance authorized by this | ||
Section, provided that the county
board complies with all other | ||
requirements of this Section. The insurance
may include | ||
provision for employees who rely on treatment by prayer or
| ||
spiritual means alone for healing in accordance with the tenets | ||
and
practice of a well recognized religious denomination. The | ||
county board may
provide for payment by the county of a portion | ||
or all of the premium or
charge for the insurance with the | ||
employee paying the balance of the
premium or charge, if any. | ||
If the county board undertakes a plan under
which the county | ||
pays only a portion of the premium or charge, the county
board |
shall provide for withholding and deducting from the | ||
compensation of
those employees who consent to join the plan | ||
the balance of the premium or
charge for the insurance.
| ||
(b) If the county board does not provide for self-insurance | ||
or for a plan
under which the county pays a portion or all of | ||
the premium or charge for a
group insurance plan, the county | ||
board may provide for withholding and
deducting from the | ||
compensation of those employees who consent thereto the
total | ||
premium or charge for any group life, health, accident, | ||
hospital, and
medical insurance.
| ||
(c) The county board may exercise the powers granted in | ||
this Section only if
it provides for self-insurance or, where | ||
it makes arrangements to provide
group insurance through an | ||
insurance carrier, if the kinds of group
insurance are obtained | ||
from an insurance company authorized to do business
in the | ||
State of Illinois. The county board may enact an ordinance
| ||
prescribing the method of operation of the insurance program.
| ||
(d) If a county, including a home rule county, is a | ||
self-insurer for
purposes of providing health insurance | ||
coverage for its employees, the
insurance coverage shall | ||
include screening by low-dose mammography for all
women 35 | ||
years of age or older for the presence of occult breast cancer
| ||
unless the county elects to provide mammograms itself under | ||
Section
5-1069.1. The coverage shall be as follows:
| ||
(1) A baseline mammogram for women 35 to 39 years of | ||
age.
|
(2) An annual mammogram for women 40 years of age or | ||
older.
| ||
(3) A mammogram at the age and intervals considered | ||
medically necessary by the woman's health care provider for | ||
women under 40 years of age and having a family history of | ||
breast cancer, prior personal history of breast cancer, | ||
positive genetic testing, or other risk factors. | ||
(4) A comprehensive ultrasound screening of an entire | ||
breast or breasts if a mammogram demonstrates | ||
heterogeneous or dense breast tissue, when medically | ||
necessary as determined by a physician licensed to practice | ||
medicine in all of its branches , advanced practice nurse, | ||
or physician assistant . | ||
For purposes of this subsection, "low-dose mammography"
| ||
means the x-ray examination of the breast using equipment | ||
dedicated
specifically for mammography, including the x-ray | ||
tube, filter, compression
device, and image receptor, with an | ||
average radiation exposure
delivery of less than one rad per | ||
breast for 2 views of an average size breast. The term also | ||
includes digital mammography. | ||
(d-5) Coverage as described by subsection (d) shall be | ||
provided at no cost to the insured and shall not be applied to | ||
an annual or lifetime maximum benefit. | ||
(d-10) When health care services are available through | ||
contracted providers and a person does not comply with plan | ||
provisions specific to the use of contracted providers, the |
requirements of subsection (d-5) are not applicable. When a | ||
person does not comply with plan provisions specific to the use | ||
of contracted providers, plan provisions specific to the use of | ||
non-contracted providers must be applied without distinction | ||
for coverage required by this Section and shall be at least as | ||
favorable as for other radiological examinations covered by the | ||
policy or contract. | ||
(d-15) If a county, including a home rule county, is a | ||
self-insurer for purposes of providing health insurance | ||
coverage for its employees, the insurance coverage shall | ||
include mastectomy coverage, which includes coverage for | ||
prosthetic devices or reconstructive surgery incident to the | ||
mastectomy. Coverage for breast reconstruction in connection | ||
with a mastectomy shall include: | ||
(1) reconstruction of the breast upon which the | ||
mastectomy has been performed; | ||
(2) surgery and reconstruction of the other breast to | ||
produce a symmetrical appearance; and | ||
(3) prostheses and treatment for physical | ||
complications at all stages of mastectomy, including | ||
lymphedemas. | ||
Care shall be determined in consultation with the attending | ||
physician and the patient. The offered coverage for prosthetic | ||
devices and reconstructive surgery shall be subject to the | ||
deductible and coinsurance conditions applied to the | ||
mastectomy, and all other terms and conditions applicable to |
other benefits. When a mastectomy is performed and there is no | ||
evidence of malignancy then the offered coverage may be limited | ||
to the provision of prosthetic devices and reconstructive | ||
surgery to within 2 years after the date of the mastectomy. As | ||
used in this Section, "mastectomy" means the removal of all or | ||
part of the breast for medically necessary reasons, as | ||
determined by a licensed physician. | ||
A county, including a home rule county, that is a | ||
self-insurer for purposes of providing health insurance | ||
coverage for its employees, may not penalize or reduce or limit | ||
the reimbursement of an attending provider or provide | ||
incentives (monetary or otherwise) to an attending provider to | ||
induce the provider to provide care to an insured in a manner | ||
inconsistent with this Section. | ||
(d-20) The
requirement that mammograms be included in | ||
health insurance coverage as
provided in subsections (d) | ||
through (d-15) is an exclusive power and function of the
State | ||
and is a denial and limitation under Article VII, Section 6,
| ||
subsection (h) of the Illinois Constitution of home rule county | ||
powers. A
home rule county to which subsections (d) through | ||
(d-15) apply must comply with every
provision of those | ||
subsections.
| ||
(e) The term "employees" as used in this Section includes | ||
elected or
appointed officials but does not include temporary | ||
employees.
| ||
(f) The county board may, by ordinance, arrange to provide |
group life,
health, accident, hospital, and medical insurance, | ||
or any one or a combination
of those types of insurance, under | ||
this Section to retired former employees and
retired former | ||
elected or appointed officials of the county.
| ||
(g) Rulemaking authority to implement this amendatory Act | ||
of the 95th General Assembly, if any, is conditioned on the | ||
rules being adopted in accordance with all provisions of the | ||
Illinois Administrative Procedure Act and all rules and | ||
procedures of the Joint Committee on Administrative Rules; any | ||
purported rule not so adopted, for whatever reason, is | ||
unauthorized. | ||
(Source: P.A. 95-1045, eff. 3-27-09.)
| ||
(55 ILCS 5/5-21001) (from Ch. 34, par. 5-21001)
| ||
Sec. 5-21001. Establishment and maintenance of county | ||
home. In any county
which establishes and maintains a county | ||
sheltered care home or a county
nursing home for the care of | ||
infirm or chronically ill persons, as provided
in Section | ||
5-1005, the County Board shall have power:
| ||
1. To acquire in the name of the county by purchase, grant, | ||
gift, or
legacy, a suitable tract or tracts of land upon which | ||
to erect and
maintain the home, and in connection therewith a | ||
farm or acreage for the
purpose of providing supplies for the | ||
home and employment for such
patients as are able to work and | ||
benefit thereby.
| ||
The board shall expend not more than $20,000 for the |
purchase of any
such land or the erection of buildings without | ||
a 2/3 vote of all its
members in counties of 300,000 or more | ||
population, or a favorable
vote of at least a majority of all | ||
its members in counties under 300,000
population.
| ||
2. To receive in the name of the county, gifts and
legacies | ||
to aid in the erection or maintenance of the home.
| ||
3. To appoint a superintendent and all necessary employees | ||
for the
management and control of the home and to prescribe | ||
their compensation
and duties.
| ||
4. To arrange for physicians' or other health care | ||
professionals' services and other medical care for
the patients | ||
in the home and prescribe the compensation and duties of
| ||
physicians so designated.
| ||
5. To control the admission and discharge of patients in | ||
the home.
| ||
6. To fix the rate per day, week, or month which it will | ||
charge for
care and maintenance of the patients. Rates so | ||
established may vary
according to the amount of care required, | ||
but the rates shall be uniform
for all persons or agencies | ||
purchasing care in the home except rates for
persons who are | ||
able to purchase their own care may approximate actual cost.
| ||
7. To make all rules and regulations for the management of | ||
the home
and of the patients therein.
| ||
8. To make appropriations from the county treasury for the | ||
purchase
of land and the erection of buildings for the home, | ||
and to defray the
expenses necessary for the care and |
maintenance of the home and for
providing maintenance, personal | ||
care and nursing services to the
patients therein, and to cause | ||
an amount sufficient for those purposes
to be levied upon the | ||
taxable property of the counties and collected as
other taxes | ||
and further providing that in counties with a population of
not | ||
more than 1,000,000 to levy and collect
annually a tax of not | ||
to exceed .1% of the value, as equalized or
assessed by the | ||
Department of Revenue, of all the
taxable property in the | ||
county for these purposes. The tax shall be in
addition to all | ||
other taxes which the county is authorized to levy on
the | ||
aggregate valuation of the property within the county and shall | ||
not
be included in any limitation of the tax rate upon which | ||
taxes are
required to be extended, but shall be excluded | ||
therefrom and in addition
thereto. The tax shall be levied and | ||
collected in like manner as the
general taxes of the county, | ||
and when collected, shall be paid into a
special fund in the | ||
county treasury and used only as herein authorized. No
such tax | ||
shall be levied or increased from a rate lower than the maximum
| ||
rate in any such county until the question of levying
such tax | ||
has first been submitted to the voters of such county at an
| ||
election held in such county, and has been approved by a | ||
majority of such
voters voting thereon. The corporate | ||
authorities shall certify the
question of levying such tax to | ||
the proper election officials, who shall
submit the question to | ||
the voters at an election held in accordance with
the general | ||
election law.
|
The proposition shall be in substantially the following | ||
form:
| ||
-------------------------------------------------------------
| ||
Shall ........ County be authorized
| ||
to levy and collect a tax at a rate not YES
| ||
to exceed .1% for the purpose of -------------------
| ||
........ (purchasing, maintaining) a NO
| ||
county nursing home?
| ||
-------------------------------------------------------------
| ||
If a majority of votes cast on the question are in favor, | ||
the county shall
be authorized to levy the tax.
| ||
If the county has levied such tax at a rate lower than the | ||
maximum
rate set forth in this Section, the county board may | ||
increase the rate of
the tax, but not to exceed such maximum | ||
rate, by certifying the proposition
of such increase
to the | ||
proper election officials for submission to the voters of the | ||
county
at a regular election in accordance with the general | ||
election law. The
proposition shall be in substantially the | ||
following form:
| ||
-------------------------------------------------------------
| ||
Shall the maximum rate
| ||
of the tax levied by........ YES
| ||
County for the purpose of.......
| ||
(purchasing, maintaining) a ----------------------------
| ||
county nursing home be
| ||
increased from........ to NO
|
........ (not to exceed .1%)
| ||
-------------------------------------------------------------
| ||
If a majority of all the votes cast upon the proposition | ||
are in favor
thereof, the county board may levy the tax at a | ||
rate not to exceed the rate
set forth in this Section.
| ||
9. Upon the vote of a 2/3 majority of all the members of | ||
the
board, to sell, dispose of or lease for any term, any part | ||
of the home
properties in such manner and upon such terms as it | ||
deems best for the
interest of the county, and to make and | ||
execute all necessary
conveyances thereof in the same manner as | ||
other conveyances of real
estate may be made by a county. | ||
However, if the home was erected after
referendum approval by | ||
the voters of the county, it shall not be sold
or
disposed of | ||
except after referendum approval thereof by a
majority of the | ||
voters of the county voting thereon.
| ||
If the home was erected after referendum approval by the | ||
voters of the
county, the county nursing home may be leased | ||
upon the vote of a 3/5 majority
of
all the members of the | ||
board.
| ||
10. To operate a sheltered care home as a part of a county | ||
nursing
home provided that a license to do so is obtained | ||
pursuant to the
Nursing Home Care Act, as amended.
| ||
(Source: P.A. 89-185, eff. 1-1-96 .)
| ||
Section 90. The Illinois Municipal Code is amended by | ||
changing Sections 10-1-38.1 and 10-2.1-18 as follows:
|
(65 ILCS 5/10-1-38.1) (from Ch. 24, par. 10-1-38.1)
| ||
Sec. 10-1-38.1.
When the force of the Fire Department or of | ||
the Police
Department is reduced, and positions displaced or | ||
abolished, seniority
shall prevail, and the officers and | ||
members so reduced in rank, or removed
from the service of the | ||
Fire Department or of the Police Department shall
be considered | ||
furloughed without pay from the positions from which they
were | ||
reduced or removed.
| ||
Such reductions and removals shall be in strict compliance | ||
with
seniority and in no event shall any officer or member be | ||
reduced more than
one rank in a reduction of force. Officers | ||
and members with the least
seniority in the position to be | ||
reduced shall be reduced to the next lower
rated position. For | ||
purposes of determining which officers and members
will be | ||
reduced in rank, seniority shall be determined by adding the | ||
time
spent at the rank or position from which the officer or | ||
member is to be
reduced and the time spent at any higher rank | ||
or position in the
Department. For purposes of determining | ||
which officers or members in the
lowest rank or position shall | ||
be removed from the Department in the event
of a layoff, length | ||
of service in the Department shall be the basis for
determining | ||
seniority, with the least senior such officer or member being
| ||
the first so removed and laid off. Such officers or members | ||
laid off shall
have their names placed on an appropriate | ||
reemployment list in the reverse
order of dates of layoff.
|
If any positions which have been vacated because of | ||
reduction in forces
or displacement and abolition of positions, | ||
are reinstated, such members
and officers of the Fire | ||
Department or of the Police Department as are
furloughed from | ||
the said positions shall be notified by registered mail of
such | ||
reinstatement of positions and shall have prior right to such
| ||
positions if otherwise qualified, and in all cases seniority | ||
shall prevail.
Written application for such reinstated | ||
position must be made by the
furloughed person within 30 days | ||
after notification as above provided and
such person may be | ||
required to submit to examination by physicians , advanced | ||
practice nurses, or physician assistants of both
the commission | ||
and the appropriate pension board to determine his physical
| ||
fitness.
| ||
(Source: P.A. 84-747.)
| ||
(65 ILCS 5/10-2.1-18) (from Ch. 24, par. 10-2.1-18)
| ||
Sec. 10-2.1-18.
Fire or police departments - Reduction of | ||
force -
Reinstatement. When the force of the fire department or | ||
of the police
department is reduced, and positions displaced or | ||
abolished, seniority
shall prevail and the officers and members | ||
so reduced in rank, or removed
from the service of the fire | ||
department or of the police department shall
be considered | ||
furloughed without pay from the positions from which they
were | ||
reduced or removed.
| ||
Such reductions and removals shall be in strict compliance |
with
seniority and in no event shall any officer or member be | ||
reduced more than
one rank in a reduction of force. Officers | ||
and members with the least
seniority in the position to be | ||
reduced shall be reduced to the next lower
rated position. For | ||
purposes of determining which officers and members
will be | ||
reduced in rank, seniority shall be determined by adding the | ||
time
spent at the rank or position from which the officer or | ||
member is to be
reduced and the time spent at any higher rank | ||
or position in the
Department. For purposes of determining | ||
which officers or members in the
lowest rank or position shall | ||
be removed from the Department in the event
of a layoff, length | ||
of service in the Department shall be the basis for
determining | ||
seniority, with the least senior such officer or member being
| ||
the first so removed and laid off. Such officers or members | ||
laid off shall
have their names placed on an appropriate | ||
reemployment list in the reverse
order of dates of layoff.
| ||
If any positions which have been vacated because of | ||
reduction in forces
or displacement and abolition of positions, | ||
are reinstated, such members
and officers of the fire | ||
department or of the police department as are
furloughed from | ||
the said positions shall be notified by the board by
registered | ||
mail of such reinstatement of positions and shall have prior
| ||
right to such positions if otherwise qualified, and in all | ||
cases seniority
shall prevail. Written application for such | ||
reinstated position must be
made by the furloughed person | ||
within 30 days after notification as above
provided and such |
person may be required to submit to examination by
physicians , | ||
advanced practice nurses, or physician assistants of both the | ||
board of fire and police commissioners and the
appropriate | ||
pension board to determine his physical fitness.
| ||
(Source: P.A. 84-747.)
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