AUTHORITY: Implementing and authorized by the African-American HIV/AIDS Response Act [410 ILCS 303] and Sections 2310-10 and 2310-580 of the Civil Administrative Code of Illinois [20 ILCS 2310/2310-10 and 2310-580].

SOURCE: Adopted at 31 Ill. Reg. 8222, effective May 25, 2007; emergency amendment at 45 Ill. Reg. 7167, effective May 25, 2021, for a maximum of 150 days; amended at 45 Ill. Reg. 13045, effective September 28, 2021; amended at 46 Ill. Reg. 15735, effective September 1, 2022.

SUBPART A: GENERAL PROVISIONS

 

Section 691.100  Definitions

 

For the purpose of this Part, the following shall be the accepted definitions of the terms used in this Part:

 

"Act" means the African-American HIV/AIDS Response Act [410 ILCS 303].

 

"AIDS" means acquired immunodeficiency syndrome.  (Section 3(b) of the AIDS Confidentiality Act)

 

"African-American community-based organization" means an organization that is in good standing with the State of Illinois and:

 

Has a Board of Directors, at least 51% of the members of which are African-American;

 

Provides services to individuals or families who are or have been impacted by HIV;

 

Is physically located in the community to be served; and

 

Has provided HIV/AIDS services for at least one year in communities that are primarily populated by individuals who identify as African-American or where African-Americans are disproportionately impacted by HIV or AIDS.

 

"Department" means the Illinois Department of Public Health.

 

"Director" means Director of the Illinois Department of Public Health.

 

"Fund" means the African-American HIV/AIDS Response Fund as established by the Act.

 

"Funding period" means the time (usually 12 months coinciding with the Department's fiscal year) during which money is to be spent by award recipients.

 

"High-risk community" means municipalities within the State of Illinois determined by the IDPH HIV Surveillance Unit to have an HIV Prevalence rate of 1% or higher among African-Americans.

 

"High-traffic facility" means a high-traffic facility as defined by the State agency operating the facility.  (Section 15 of the Act)

 

"HIV" means the Human Immunodeficiency Virus or any other identified causative agent of AIDS.  (Section 3(c) of the AIDS Confidentiality Act)

 

"HIV counseling and testing center" or "HIV testing site" means an agency or site that offers HIV counseling and testing services as prescribed by this Part.

 

"Potentially infectious medical waste" or "PIMW" means waste generated in connection with:

 

Diagnosis, treatment (i.e., provision of medical services), or immunization of human beings or animals;

 

Research pertaining to the provision of medical services; or

 

Production or testing of biological waste.

 

"Rapid HIV Antibody Test" means a federal Food and Drug Administration-approved screening test to detect antibodies to HIV, which can be collected and processed within a short interval of time (under 60 minutes).

 

"State agency" means any department of State Government created under Section 5-15 of the Departments of Government Law of the Civil Administrative Code of Illinois or the Office of the Secretary of State.  (Section 15 of the Act)

 

"Test" or "HIV Test" means a test to determine the presence of the antibody or antigen to HIV, or the presence of HIV infection.  (Section 3(g) of the AIDS Confidentiality Act)

 

(Source:  Amended at 46 Ill. Reg. 15735, effective September 1, 2022)

 

Section 691.200  Incorporated and Referenced Materials

 

The following materials are incorporated or referenced in this Part:

 

a)         Illinois Statutes

 

1)         African-American HIV/AIDS Response Act [410 ILCS 303]

 

2)         AIDS Confidentiality Act [410 ILCS 305]

 

3)         HIV/AIDS Registry Act [410 ILCS 310]

 

4)         Communicable Disease Prevention Act [410 ILCS 315]

 

5)         The Civil Administrative Code of Illinois [20 ILCS 2310]

 

6)         Environmental Protection Act [415 ILCS 5]

 

7)         Illinois Grant Funds Recovery Act [30 ILCS 705]

 

8)         Grant Accountability and Transparency Act [30 ILCS 708]

 

b)         State of Illinois Administrative Rules

 

1)         HIV/AIDS Confidentiality and Testing Code (77 Ill. Adm. Code 697)

 

2)         Control of Sexually Transmitted Diseases Code (77 Ill. Adm. Code 693)

 

3)         Rules of Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100)

 

4)         Grant Accountability and Transparency Act (44 Ill. Adm. Code 7000)

 

c)         Federal Guidelines

 

1)         Centers for Disease Control and Prevention (CDC)

1600 Clifton Rd.

Atlanta, Georgia 30333

www.cdc.gov/mmwr/

 

A)        CDC Guidelines for National Human Immunodeficiency Virus Case Surveillance, Including Monitoring for Human Immunodeficiency Virus Infection and Acquired Immunodeficiency Syndrome, Morbidity and Mortality Weekly Report (MMWR), December 10, 1999; Vol. 48, No. RR-13.

 

B)        Revised Recommendations for HIV Testing of Adults, Adolescents, and Pregnant Women in Health Care Settings, Morbidity and Mortality Weekly Report (MMWR), Vol. 55, No. RR-14, September 22, 2006.

 

C)        Advancing HIV Prevention: New Strategies for a Changing Epidemic – United States 2003, Morbidity and Mortality Weekly Report (MMWR), Vol. 52, No. 15, April 18, 2003.

 

2)         Office of Management and Budget

725 17^th Street, NW

Washington, D.C. 20503

www.whitehouse.gov/omb/circulars/index.html

 

OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments, May 10, 2004.

 

d)         All incorporations by reference of federal guidelines refer to the guidelines on the date specified and do not include any amendments or editions subsequent to the date specified.

 

(Source:  Amended at 46 Ill. Reg. 15735, effective September 1, 2022)

SUBPART B: AFRICAN-AMERICAN HIV/AIDS RESPONSE ACT GRANTS

 

Section 691.300  Eligibility for Grant Award

 

In order to be eligible to receive a grant from the Fund, the applicant must meet the definition of an African-American Community Based Organization, as defined in Section 691.100.

 

(Source:  Amended at 46 Ill. Reg. 15735, effective September 1, 2022)

 

Section 691.400  Grant Requirements

 

a)         Grant recipients must comply with all applicable provisions of the African-American HIV/AIDS Response Act, AIDS Confidentiality Act, HIV/AIDS Registry Act, Communicable Disease Prevention Act, Environmental Protection Act, HIV/AIDS Confidentiality and Testing Code, and Control of Sexually Transmitted Diseases Code and with the guidelines of the Centers for Disease Control and Prevention for HIV prevention, testing and surveillance (see Section 691.200).

 

b)         Grants shall be awarded for programs to prevent the transmission of HIV and other programs and activities consistent with the purposes of the Act, including, but not limited to, preventing and treating HIV/AIDS and the creation of an HIV/AIDS service delivery system.  (Section 27 of the Act)

 

c)         The grant funds shall provide resources for communities in Illinois to create an HIV/AIDS service delivery system that reduces the disparity of HIV infection and AIDS cases between African-Americans and other population groups in Illinois that may be impacted by the disease.  (Section 27 of the Act)

 

d)         Grant recipients' objectives shall align with the following objectives:

 

1)         Developing, implementing and maintaining a comprehensive, culturally sensitive HIV Prevention Plan targeting communities that are identified as high-risk in terms of the impact of the disease on African-Americans.

 

2)         Developing, implementing and maintaining a stable HIV/AIDS service delivery infrastructure in Illinois communities that will meet the needs of African-Americans statewide.

 

3)         Developing, implementing, and maintaining a statewide HIV/AIDS testing program.

 

4)         Providing funding for HIV/AIDS social and scientific research to improve prevention and treatment.

 

5)         Providing comprehensive technical and other assistance to African-American community service organizations that are involved in HIV/AIDS prevention and treatment.

 

6)         Developing, implementing and maintaining an infrastructure for African-American community service organization to make them less dependent on government resources.

 

7)         Effective through December 31, 2022, creating and maintaining at least 17 one-stop shopping HIV/AIDS facilities across the State.  Effective January 1, 2023, creating, maintaining, or creating and maintaining at least one Black-led Center of Excellence HIV Biomedical Resource Hub for every $3,000,000 of available funding.  (Section 27 of the Act)

 

(Source:  Amended at 46 Ill. Reg. 15735, effective September 1, 2022)

 

Section 691.500  Application Procedures

 

a)         Any organization, public or private, desiring to receive grant funds must submit a grant application to the Department.  Applications for grant funds shall be made on prescribed forms developed by the Department. (Section 4(a) of the Illinois Grant Funds Recovery Act).

 

b)         The Department will provide written application instructions to potential applicants in an electronic format that will be stated in the Notice of Funding Opportunity.

 

c)         Completed applications shall be returned to the Department electronically as directed.

 

d)         All applications shall be submitted in the format prescribed by the Department.

 

e)         All applicants shall comply with the requirements set forth in the application.

 

(Source:  Amended at 46 Ill. Reg. 15735, effective September 1, 2022)

 

Section 691.600  Review of Applications

 

a)         Applications will be reviewed by the Department for compliance with the requirements of this Part.  During the course of its review, the Department may contact the applicant for additional information if the information provided is incomplete, inconsistent or unclear.

 

b)         Applicants whom the Department determines to be not eligible for grant funds will be notified in writing of this decision.

 

c)         Distribution of grants is dependent on available funding.  Available grant funds will be distributed based on the applicant's application and compliance with Sections 691.400 and 691.500.

 

(Source:  Amended at 45 Ill. Reg. 13045, effective September 28, 2021)

 

Section 691.700  Allowable Uses of Grant Funds and Reimbursement Procedures and Requirements

 

a)         Grant awards will be issued in an amount not less than $25,000 per annual funding cycle.

 

b)         Funds shall be used only for the direct cost of administering, operating and maintaining a project or service in accordance with the requirements of Section 691.400.

 

c)         The grant funds may not be used for organizational or community-based overhead costs, indirect costs, legal fees or levies.

 

d)         Grant funds must be used as provided by the guidelines of OMB Circular A-87 for allowable expenditures (see Section 691.200).

 

e)         Funds shall be used only for the direct cost of administering, operating and maintaining a project or service in accordance with the requirements of the grant agreement. Examples of direct costs that may be allowable under the grant agreement include: personal services costs, such as salaries; contractual services costs, such as fees for consultants; travel costs for personnel to carry out authorized activities; training and education costs; supplies or commodities that are required in the operation of a grant project; equipment directly related to the operation of a grant project.

 

f)         Grantee shall comply with reimbursement procedures and requirements as outlined in the grant agreement. The standard grant agreement template can be found at https://gata.illinois.gov/content/dam/soi/en/web/gata/documents /resource-library/fy23-uniform-grant-agreement.pdf.

 

(Source:  Amended at 46 Ill. Reg. 15735, effective September 1, 2022)

 

Section 691.800  Suspension or Termination of Grant Award

 

a)         The Department has the authority to suspend funding or terminate the grant agreement for failure to comply with the Act, this Part, or the grant agreement.

 

b)         The grant agreement may be suspended or terminated for any of the reasons specified in the grant agreement, and in accordance with the procedures outlined in the grant agreement.

 

c)         The grantee is subject to the provisions outlined in 44 Ill. Adm. Code 7000.80 and 7000.260 (Grantee Compliance Enforcement System; Illinois Stop Payment List).

 

(Source:  Amended at 46 Ill. Reg. 15735, effective September 1, 2022)

 

Section 691.900  Denial, Suspension, Revocation or Termination of Grant Award

 

a)         The Director may suspend or revoke the grant agreement of a grantee when finding substantial or continued failure to comply with the Act, this Part or the grant agreement.  Except as provided in subsection (b), the Director shall provide notice and an opportunity for the grant applicant or grantee to request a hearing before executing the denial, suspension, or revocation.

 

b)         If the Director finds that the public interest, health, safety, or welfare requires emergency action, then the Director may immediately order summary suspension of a grant agreement pending proceedings for revocation.  The Director's order shall be written and shall include the reasons for the findings.  The proceedings shall be promptly instituted and promptly determined.

 

c)         The notice of denial shall be made by regular mail.  The notice of suspension or revocation shall be made by certified mail or personal service.  These notices shall state the reasons for the proposed action and shall provide the opportunity to request a hearing.  If a written hearing request is not received within 10 business days after receipt of the notice, then the right to a hearing is deemed waived.

 

d)         A denial or termination due to the General Assembly's failure to appropriate funds is not subject to this Section.

 

Section 691.1000  Grant Funds Recovery

 

Grants made under this Part are subject to the Illinois Grant Funds Recovery Act.  If a provision of this Part conflicts with a provision of the Illinois Grant Funds Recovery Act, then the provision of the Illinois Grant Funds Recovery Act controls.

 

Section 691.1100  Hearings

 

The Department's Rules of Practice and Procedure in Administrative Hearings apply to the proceedings conducted under this Part.  Where the terms "license" and "licensing" are used in those rules, those terms shall be expanded to include a grant applicant, a grantee awarded funds, and a grant agreement executed under this Part.

SUBPART C: TRAINING AND HIV TESTING PROTOCOLS

 

Section 691.1200  Training Requirements for HIV Test Counseling

 

a)         HIV counseling and testing services must be administered by persons who have completed a course of training provided or approved by the Department.

 

b)         Persons providing HIV counseling and testing services shall comply with the provisions of the AIDS Confidentiality Act.

 

(Source:  Amended at 46 Ill. Reg. 15735, effective September 1, 2022)

 

Section 691.1300  HIV Testing Protocols

 

a)         HIV antibody testing shall be completed in accordance with Section 697.100 of the HIV/AIDS Confidentiality and Testing Code.

 

b)         All persons seeking counseling and HIV testing at an HIV testing site operated by a Department funded African-American community-based organization shall be offered a rapid HIV Antibody Test.  If the HIV test counselor determines that rapid HIV antibody testing is not appropriate at the time of testing, the person shall be offered the option of another HIV antibody test.

 

c)         A patient record shall be created for each person tested at an HIV testing site operated by a Department funded African-American community-based organization.  All patient records shall be maintained in accordance with the provisions of the AIDS Confidentiality Act.

 

d)         No person may order an HIV test without first providing pre-test information and receiving the documented informed consent of the subject of the test or the subject's legally authorized representative, in accordance with the HIV/AIDS Confidentiality and Testing Code.

 

e)         HIV counseling and testing centers shall provide counseling to the test subject prior to performing the test.  The counseling must include, but is not limited to, information about:

 

1)         HIV infection and HIV transmission;

 

2)         The difference between confidential and anonymous HIV testing;

 

3)         Information about the meaning of the test and test results, such as the purpose, potential uses, and limitations of the test and test results and the statutory rights to anonymous testing and to confidentiality;

 

4)         Information about the availability of supplemental testing;

 

5)         The availability of referrals for further information or counseling; and

 

6)         Methods for prevention of transmission of HIV.

 

f)         Department funded African-American community-based organizations shall report all positive HIV test results to the appropriate local health authority in accordance with Section 693.30 of the Control of Sexually Transmissible Diseases Code.

 

(Source:  Amended at 46 Ill. Reg. 15735, effective September 1, 2022)

SUBPART D: REMOVAL AND PROPER DISPOSAL OF HAZARDOUS WASTE

 

Section 691.1400  Removal and Proper Disposal of Hazardous Waste

 

All Potentially Infectious Medical Waste (PIMW) generated through HIV testing shall be handled and disposed of in a safe and responsible manner.  Department funded African-American community-based organizations should contact the local health authority or local waste removal company for the correct disposal method for PIMW.  The PIMW shall be placed in containers that are:

 

a)                  Rigid;

 

b)                  Leak-resistant;

 

c)                  Impervious to moisture;

 

d)                  Sufficiently strong to prevent tearing or bursting under normal conditions of use and handling;

 

e)                  Sealed to prevent leakage during transport;

 

f)                   Puncture-resistant for packaging sharps and sharps with residual fluids; and

 

g)                  Break-resistant and tightly lidded or stoppered for packaging fluids.