Public Act 099-0901
 
SB2734 EnrolledLRB099 20471 MJP 44985 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Advisory Board for the Maternal and Child Health Block Grant
Programs Act.
 
    Section 5. Legislative findings and purpose. The General
Assembly finds the following:
        (1) The people of Illinois continue to experience and
    bear the consequences of unacceptable rates of low birth
    weight, infant mortality, maternal mortality, child and
    adolescent health problems, including obesity and teen
    pregnancy, and disparities among racial and ethnic groups
    with regard to maternal and child health.
        (2) The resolution of these challenges requires an
    approach that considers the health of the entire population
    and directs resources to high-risk groups based on
    epidemiological analysis in order to prevent disability,
    disease, death, or other adverse circumstance, or what may
    be termed a public health approach.
        (3) The General Assembly began the transfer of maternal
    and child health programs from the Department of Human
    Services to the Department of Public Health through the
    budget for State fiscal year 2014.
    Therefore, it is the purpose of the new and amendatory
provisions of this Act to complete the transfer of programs and
responsibility for direction of Illinois' Maternal and Child
Health Block Grant to the Department of Public Health and to
complete the transfer of certain statutory authority and
regulations from the Department of Human Services to the
Department of Public Health, which has already begun through
the budget for State fiscal year 2016.
 
    Section 10. Definitions. As used in this Act:
    "Board" means the Advisory Board for the Maternal and Child
Health Block Grant Programs.
    "Department" means the Department of Public Health.
    "Director" means the Director of Public Health.
 
    Section 15. Advisory Board for the Maternal and Child
Health Block Grant Programs.
    (a) The Advisory Board for the Maternal and Child Health
Block Grant Programs is created within the Department to advise
the Department on programs and activities related to maternal
and child health in the State of Illinois.
    The Board shall consist of the Director's designee
responsible for maternal and child health programs, who shall
serve as the Chair of the Board; the Department's Title V
administrator, if the Director's designee is not serving in the
capacity of Title V Director at the Department; one
representative each from the Department of Children and Family
Services, the Department of Human Services, and the Department
of Healthcare and Family Services, appointed by the Director or
Secretary of each Department; the Director of the University of
Illinois at Chicago's Division of Specialized Care for
Children; 4 members of the General Assembly, one each appointed
by the President and Minority Leader of the Senate and the
Speaker and Minority Leader of the House of Representatives;
and 20 additional members appointed by the Director.
    Of the members appointed by the Director:
        (1) Two shall be physicians licensed to practice
    medicine in all of its branches who currently serve
    patients enrolled in maternal and child health programs
    funded by the State of Illinois, one of whom shall be an
    individual with a specialty in obstetrics and gynecology
    and one of whom shall be an individual with a specialty in
    pediatric medicine;
        (2) Sixteen shall be persons with expertise in one or
    more of the following areas, with no more than 3 persons
    from each listed area of expertise and with preference
    given to the areas of need identified by the most recent
    State needs assessment: the health of women, infants, young
    children, school-aged children, adolescents, and children
    with special health care needs; public health;
    epidemiology; behavioral health; nursing; social work;
    substance abuse prevention; juvenile justice; oral health;
    child development; chronic disease prevention; health
    promotion; and education; 5 of the 16 members shall
    represent organizations that provide maternal and child
    health services with funds from the Department; and
        (3) either 2 consumers who have received services
    through a Department-funded maternal and child health
    program, 2 representatives from advocacy groups that
    advocate on behalf of such consumers, or one such consumer
    and one such representative of an advocacy group.
    Members appointed by the Director shall be selected to
represent the racial, ethnic, and geographic diversity of the
State's population and shall include representatives of local
health departments, other direct service providers, and
faculty of the University of Illinois at Chicago School of
Public Health Center of Excellence in Maternal and Child
Health.
    Legislative members shall serve during their term of office
in the General Assembly. Members appointed by the Director
shall serve a term of 4 years or until their successors are
appointed.
    Any member appointed to fill a vacancy occurring prior to
the expiration of the term for which his or her predecessor was
appointed shall be appointed for the remainder of such term.
Members of the Board shall serve without compensation but shall
be reimbursed for necessary expenses incurred in the
performance of their duties.
    (b) The Board shall advise the Director on improving the
well-being of mothers, fathers, infants, children, families,
and adults, considering both physical and social determinants
of health, and using a life-span approach to health promotion
and disease prevention in the State of Illinois. In addition,
the Board shall review and make recommendations to the
Department and the Governor in regard to the system for
maternal and child health programs, collaboration, and
interrelation between and delivery of programs, both within the
Department and with related programs in other departments. In
performing its duties, the Board may hold hearings throughout
the State and advise and receive advice from any local advisory
bodies created to address maternal and child health.
    (c) The Board may offer recommendations and feedback
regarding the development of the State's annual Maternal and
Child Health Services Block Grant application and report as
well as the periodic needs assessment.
 
    Section 90. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by adding Section 2310-450 as follows:
 
    (20 ILCS 2310/2310-450 new)
    Sec. 2310-450. Office for maternal and child health.
    (a) The Department shall be responsible for administration
of the Maternal and Child Health Services Block Grant
authorized by Title V of the federal Social Security Act. The
Department shall be responsible for the Maternal and Child
Health Block Grant and for preparation and submission of the
annual application, annual report, and periodic needs
assessment required for the receipt of these funds.
    (b) The Department shall be responsible for the
administration of the Family Planning Program award to the
State of Illinois from Title X of the federal Public Health
Service Act (42 U.S.C. 300).
    (c) All of the rights, powers, duties, and functions vested
by law or that otherwise pertain to the programs and services
transferred to the Department by this amendatory Act of the
99th General Assembly are transferred to the Department by July
1, 2016.
    (d) The Department may adopt rules necessary to implement
this Section. This Section does not affect the legality of any
rules that are in force on the effective date of this Section
that have been duly adopted by the Department of Human Services
in its administration of the Maternal and Child Health Services
Block Grant. Those rules shall transfer to the Department and
continue in effect until amended or repealed, except that
references to a predecessor department shall, in appropriate
contexts, be deemed to refer to the successor department under
this Section. Any rules proposed prior to the effective date
shall also transfer to the Department.
    (e) The rights of State employees, the State, and its
agencies under the Personnel Code and applicable collective
bargaining agreements and retirement plans are not affected by
this Section.
    (f) The Department of Central Management Services shall
establish a sufficient number of full-time positions at the
Department, based on input from the Department of Human
Services in order to provide for effective administration of
these programs.
    (g) All books, records, documents, and pending business
pertaining to the rights, powers, duties, and functions
transferred to the Department under this Section shall be
transferred and delivered to the Department by July 1, 2016.
    (h) In the case of books, records, or documents that
pertain both to a function transferred to the Department under
this Section and to a function retained by a predecessor agency
or office, the Director and the Secretary of Human Services
shall determine whether the books, records, or documents shall
be transferred, copied, or left with the predecessor agency or
office; until this determination has been made, the transfer of
these materials shall not take effect.
    (i) In the case of administrative functions performed by
other units within the Department of Human Services and for the
allocation of State or federal funds that benefited the
programs transferred by this amendatory Act of the 99th General
Assembly as well as other divisions within the Department of
Human Services, the Director of Public Health and the Secretary
of Human Services shall establish interagency agreements to
continue these services, as well as cooperation for purposes of
federal match and maintenance of effort and distribution of
funds after July 1, 2016.
 
    (410 ILCS 212/20 rep.)
    (410 ILCS 212/25 rep.)
    Section 95. The Illinois Family Case Management Act is
amended by repealing Sections 20 and 25.
 
    Section 100. The Prenatal and Newborn Care Act is amended
by changing Section 7 as follows:
 
    (410 ILCS 225/7)  (from Ch. 111 1/2, par. 7027)
    Sec. 7. Advisory board consultation. The Department shall
consult with the Maternal and Child Health Advisory Board
created under the Advisory Board for the Maternal and Child
Health Block Grant Programs Act Illinois Family Case Management
Act regarding the implementation of this program. In addition,
the Board shall advise the Department on the coordination of
services provided under this program with services provided
under the Illinois Family Case Management Act and the Problem
Pregnancy Health Services and Care Act.
(Source: P.A. 94-407, eff. 8-2-05.)
 
    Section 110. The Developmental Disability Prevention Act
is amended by changing Section 8 as follows:
 
    (410 ILCS 250/8)  (from Ch. 111 1/2, par. 2108)
    Sec. 8. The Department of Public Health, in cooperation
with the Department of Human Services, shall establish
guidelines for the development of areawide or local programs
designed to prevent high risk pregnancies through early
identification, screening, management, and followup of the
childbearing age high risk female. Such programs shall be based
on the local assessment typically by schools, health
departments, hospitals, perinatal centers, and local medical
societies of need and with emphasis on the coordination of
existing resources private and public and in conjunction with
local health planning agencies. Funding needs for
demonstration and continuing programs shall be determined by
the Department of Human Services and Department of Public
Health under their respective programs and reported to the
General Assembly along with the guidelines for such programs.
(Source: P.A. 89-507, eff. 7-1-97.)
 
    Section 999. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/26/2016