Public Act 093-0929
 
SB2845 Enrolled LRB093 20711 AMC 46598 b

    AN ACT concerning public 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
Excellence in Alzheimer's Disease Center Treatment Act.
 
    Section 5. Purpose. This Act is intended to maintain and
enhance excellence in Alzheimer's disease treatment in
Illinois in order to develop strategies to treat and prevent
Alzheimer's disease in Illinois and across the United States,
ensure that all Illinois citizens obtain the highest quality
clinical care for Alzheimer's disease and other dementias,
reduce the enormous societal cost of this disease, ensure that
Illinois is a national center for Alzheimer's disease research,
and maintain and enhance Illinois' ability to attract
additional federal and private funding for these purposes.
 
    Section 15. Definitions. As used in this Act:
    "Academic medical center hospital" means a hospital
located in Illinois that is either (i) under common ownership
with the college of medicine of a college or university or (ii)
a free-standing hospital in which the majority of the clinical
chiefs of service are department chairmen in an affiliated
medical school.
    "Qualified Academic Medical Center Hospital - Pre 1996
Designation" means any academic medical center hospital that
was designated by the National Institutes of Health and
National Institutes on Aging as an Alzheimer's Disease Core (or
Research) Center prior to calendar year 1996.
    "Qualified Academic Medical Center Hospital - Post 1996
Designation" means any academic medical center hospital that
was designated by the National Institutes of Health and
National Institutes on Aging as an Alzheimer's Disease Core (or
Research) Center in or after calendar year 1996 through
calendar year 2003.
    "Medicaid inpatient day of care" means each day contained
in the Illinois Department of Public Aid's paid claims
database, including obstetrical days multiplied by two and
excluding Medicare crossover days, for dates of service
occurring during State fiscal year 1998 and adjudicated through
June 30, 1999.
 
    Section 20. Funds created.
    (a) The Alzheimer's Disease Center Clinical Fund is created
as a special fund in the State treasury, to which the General
Assembly shall from time to time appropriate funds and from
which the Comptroller shall pay amounts as authorized by law.
This Fund is exempt from the provisions of Section 8h of the
State Finance Act.
    (b) The Alzheimer's Disease Center Expanded Clinical Fund
is created as a special fund in the State treasury, to which
the General Assembly shall from time to time appropriate funds
and from which the Comptroller shall pay amounts as authorized
by law. This Fund is exempt from the provisions of Section 8h
of the State Finance Act.
    (c) The Alzheimer's Disease Center Independent Clinical
Fund is created as a special fund in the State treasury, to
which the General Assembly shall from time to time appropriate
funds and from which the Comptroller shall pay amounts as
authorized by law. This Fund is exempt from the provisions of
Section 8h of the State Finance Act.
 
    Section 25. The Alzheimer's Disease Center Clinical Fund.
    (a) Each institution defined as a Qualified Academic
Medical Center Hospital - Pre 1996 Designation shall be
eligible for payments from the Alzheimer's Disease Center
Clinical Fund.
    (b) Appropriations allocated to this Fund shall be divided
among the qualifying hospitals. The Department of Public Aid
shall calculate payment rates for each hospital qualifying
under this Section as follows:
        (1) Hospitals that qualify under the Qualified
    Academic Medical Center Hospital - Pre 1996 Designation
    shall be paid a rate of $55.50 for each Medicaid inpatient
    day of care.
        (2) No qualifying hospital shall receive payments
    under this Section that exceed $1,200,000.
    (c) Payments under this Section shall be made at least
quarterly.
 
    Section 30. The Alzheimer's Disease Center Expanded
Clinical Fund.
    (a) Each institution defined as a Qualified Academic
Medical Center Hospital - Pre 1996 Designation or as a
Qualified Academic Medical Center Hospital - Post 1996
Designation shall be eligible for payments from the Alzheimer's
Disease Center Expanded Clinical Fund.
    (b) Appropriations allocated to this Fund shall be divided
among the qualifying hospitals. The Department of Public Aid
shall calculate payment rates for each hospital qualifying
under this Section as follows:
        (1) Hospitals that are defined as a Qualifying Academic
    Medical Center Hospital - Pre 1996 Designation shall be
    paid $13.90 for each Medicaid inpatient day of care.
        (2) Hospitals that are defined as a Qualifying Academic
    Medical Center Hospital - Post 1996 Designation and do not
    meet the Pre 1996 Designation criterion, shall be paid
    $10.75 for each Medicaid inpatient day of care.
        (3) Hospitals that qualify under the Pre and Post 1996
    Designation shall qualify for payments under this Section
    according to the payment guidelines for Pre 1996 Designated
    hospitals.
        (4) No qualifying hospital shall receive payments
    under this Section that exceed $300,000.
    (c) Payments under this Section shall be made at least
quarterly.
 
    Section 35. The Alzheimer's Disease Center Independent
Clinical Fund.
    (a) Each institution defined as a Qualified Academic
Medical Center Hospital - Pre 1996 Designation or as a
Qualified Academic Medical Center Hospital - Post 1996
Designation may be eligible for payments from the Alzheimer's
Disease Center Independent Clinical Fund.
    (b) Appropriations allocated to this Fund shall be
allocated to specific Qualified Academic Medical Center
Hospitals (either Pre 1996 or Post 1996 Designation) for
specific and unique clinical/research projects as determined
by the General Assembly.
    (c) Payments under this Section shall be made at least
quarterly.
 
    Section 40. Use of funds. Reimbursement for medical
services under this Act eligible for federal financial
participation under Title XIX of the Social Security Act shall
be used for the following 6 general purposes:
        (1) Clinical Care. Funds disbursed to each Qualified
    Academic Medical Center Hospital (either Pre 1996 or Post
    1996 Designation) must be used to support clinical care for
    affected persons and their families. In addition to
    providing clinical care, the Qualified Academic Medical
    Center Hospitals (either Pre 1996 or Post 1996 Designation)
    shall serve as models of multi-disciplinary diagnostic and
    treatment facilities for Alzheimer's disease and other
    dementias.
        (2) Underserved Community Outreach. Funds disbursed to
    each Qualified Academic Medical Center Hospital (either
    Pre 1996 or Post 1996 Designation) must be used to support
    some type of outreach program in underserved communities.
        (3) Research. Funds disbursed to each Qualified
    Academic Medical Center Hospital (either Pre 1996 or Post
    1996 Designation) must be used to support research on aging
    and dementia.
        (4) Education. Funds disbursed to each Qualified
    Academic Medical Center Hospital (either Pre 1996 or Post
    1996 Designation) must be used to support education
    regarding aging and dementia.
        (5) Brain Bank. Funds should be used by each Qualified
    Academic Medical Center Hospital (either Pre 1996 or Post
    1996 Designation) to support a brain banking program.
        (6) Administration. Funds, as needed, may be used to
    cover administrative costs, facility costs, and other
    costs commonly incurred by clinical, research, and
    educational programs according to the rules governing each
    Qualified Academic Medical Center Hospital (either Pre
    1996 or Post 1996 Designation).
 
    Section 45. Payment of funds. The Comptroller shall
disburse all funds appropriated to the Alzheimer's Disease
Center Clinical Fund, the Alzheimer's Disease Center Expanded
Clinical Fund, and the Alzheimer's Disease Center Independent
Clinical Fund to the appropriate Qualified Academic Medical
Center Hospitals (either Pre 1996 or Post 1996 Designation) as
the funds are appropriated by the General Assembly and come due
under this Act. The payment of these funds shall be made
through the Department of Public Aid.
 
    Section 50. Reporting requirements. Qualified Academic
Medical Center Hospitals (either Pre 1996 or Post 1996
Designation) receiving payments from the Alzheimer's Disease
Center Clinical Fund, the Alzheimer's Disease Center Expanded
Clinical Fund, or the Alzheimer's Disease Center Independent
Clinical Fund shall submit annual reports to the Department of
Public Health and the ADA Advisory Committee.
 
    Section 55. Payment methodology. The Department of Public
Aid shall promulgate rules necessary to make payments to the
Qualifying Academic Medical Center Hospitals (either Pre 1996
or Post 1996 Designation) utilizing a reimbursement
methodology consistent with this Act for distribution of all
moneys from the funds in a manner that would help ensure these
funds could be matchable to the maximum extent possible under
Title XIX of the Social Security Act.
 
    Section 60. Reimbursements of payments by the State.
Nothing in this Act may be used to reduce reimbursements or
payments by the State to a Qualifying Academic Medical Center
Hospital (either Pre 1996 or Post 1996 Designation) under any
other Act.
 
    Section 65. Contravention of law. Funds received under this
Act shall not be used in contravention of any law of this
State.
 
    Section 900. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-215 as follows:
 
    (20 ILCS 2310/2310-215)  (was 20 ILCS 2310/55.62)
    Sec. 2310-215. Center for Minority Health Services.
    (a) The Department shall establish a Center for Minority
Health Services to advise the Department on matters pertaining
to the health needs of minority populations within the State.
    (b) The Center shall have the following duties:
        (1) To assist in the assessment of the health needs of
    minority populations in the State.
        (2) To recommend treatment methods and programs that
    are sensitive and relevant to the unique linguistic,
    cultural, and ethnic characteristics of minority
    populations.
        (3) To provide consultation, technical assistance,
    training programs, and reference materials to service
    providers, organizations, and other agencies.
        (4) To promote awareness of minority health concerns,
    and encourage, promote, and aid in the establishment of
    minority services.
        (5) To disseminate information on available minority
    services.
        (6) To provide adequate and effective opportunities
    for minority populations to express their views on
    Departmental policy development and program
    implementation.
        (7) To coordinate with the Department on Aging and the
    Department of Public Aid to coordinate services designed to
    meet the needs of minority senior citizens.
        (8) To promote awareness of the incidence of
    Alzheimer's disease and related dementias among minority
    populations and to encourage, promote, and aid in the
    establishment of prevention and treatment programs and
    services relating to this health problem.
    (c) For the purpose of this Section, "minority" shall mean
and include any person or group of persons who are:
        (1) African-American (a person having origins in any of
    the black racial groups in Africa);
        (2) Hispanic (a person of Spanish or Portuguese culture
    with origins in Mexico, South or Central America, or the
    Caribbean Islands, regardless of race);
        (3) Asian American (a person having origins in any of
    the original peoples of the Far East, Southeast Asia, the
    Indian Subcontinent or the Pacific Islands); or
        (4) American Indian or Alaskan Native (a person having
    origins in any of the original peoples of North America).
(Source: P.A. 91-239, eff. 1-1-00.)
 
    Section 905. The State Finance Act is amended by adding
Sections 5.625, 5.626, and 5.627 as follows:
 
    (30 ILCS 105/5.625 new)
    Sec. 5.625. The Alzheimer's Disease Center Clinical Fund.
 
    (30 ILCS 105/5.626 new)
    Sec. 5.626. The Alzheimer's Disease Center Expanded
Clinical Fund.
 
    (30 ILCS 105/5.627 new)
    Sec. 5.627. The Alzheimer's Disease Center Independent
Clinical Fund.
 
    Section 910. The Alzheimer's Disease Assistance Act is
amended by changing Sections 2, 6, and 7 as follows:
 
    (410 ILCS 405/2)  (from Ch. 111 1/2, par. 6952)
    Sec. 2. Policy declaration. The General Assembly finds that
Alzheimer's disease and related disorders are devastating
health conditions which destroy certain vital cells of the
brain and which affect an estimated 4,500,000 1,500,000
Americans. This means that approximately 200,000 111,000
Illinois citizens are victims. The General Assembly also finds
that 50% of all nursing home admissions in the State may be
attributable to the Alzheimer's disease and related disorders
and that these conditions are the fourth leading cause of death
among the elderly. It is the opinion of the General Assembly
that Alzheimer's disease and related disorders cause serious
financial, social and emotional hardships on the victims and
their families of such a major consequence that it is essential
for the State to develop and implement policies, plans,
programs and services to alleviate such hardships.
    The General Assembly recognizes that there is no known
cause or cure of Alzheimer's disease at this time, and that it
can progress over an extended period of time and to such a
degree that the victim's deteriorated condition makes him or
her susceptible to other medical disorders that generally prove
fatal. It is the intent of the General Assembly, through
implementation of this Act, to establish a program for the
conduct of research regarding the cause, cure and treatment of
Alzheimer's disease and related disorders; and, through the
establishment of Regional Alzheimer's Disease Assistance
Centers and a comprehensive, Statewide system of regional and
community-based services, to provide for the identification,
evaluation, diagnosis, referral and treatment of victims of
such health problems.
(Source: P.A. 85-1209.)
 
    (410 ILCS 405/6)  (from Ch. 111 1/2, par. 6956)
    Sec. 6. ADA Advisory Committee. There is created the
Alzheimer's Disease Advisory Committee consisting of 21 voting
members appointed by the Director of the Department, as well as
5 nonvoting members as hereinafter provided in this Section.
The Director or his designee shall serve as one of the 21
voting members and as the Chairman of the Committee. Those
appointed as voting members shall include persons who are
experienced in research and the delivery of services to victims
and their families. Such members shall include 4 physicians
licensed to practice medicine in all of its branches, one
representative of a postsecondary educational institution
which administers or is affiliated with a medical center in the
State, one representative of a licensed hospital, one
registered nurse, one representative of a long term care
facility under the Nursing Home Care Act, one representative of
an area agency on aging as defined by Section 3.07 of the
Illinois Act on the Aging, one social worker, one
representative of an organization established under the
Illinois Insurance Code for the purpose of providing health
insurance, 5 family members or representatives of victims of
Alzheimer's disease and related disorders, and 4 members of the
general public. Among the physician appointments shall be
persons with specialties in the fields of neurology, family
medicine, psychiatry and pharmacology. Among the general
public members, at least 2 appointments shall include persons
65 years of age or older.
    In addition to the 21 voting members, the Secretary of
Human Services (or his or her designee) and one additional
representative of the Department of Human Services designated
by the Secretary plus the Directors of the following State
agencies or their designees shall serve as nonvoting members:
Department on Aging, Department of Public Aid, and Guardianship
and Advocacy Commission.
    Each voting member appointed by the Director of Public
Health shall serve for a term of 2 years, and until his
successor is appointed and qualified. Members of the Committee
shall not be compensated but shall be reimbursed for expenses
actually incurred in the performance of their duties. No more
than 11 voting members may be of the same political party.
Vacancies shall be filled in the same manner as original
appointments.
    The Committee shall review all State programs and services
provided by State agencies that are directed toward persons
with Alzheimer's disease and related dementias, and recommend
changes to improve the State's response to this serious health
problem.
(Source: P.A. 89-507, eff. 7-1-97.)
 
    (410 ILCS 405/7)  (from Ch. 111 1/2, par. 6957)
    Sec. 7. Regional ADA center funding. Pursuant to
appropriations enacted by the General Assembly, the Department
shall provide funds to hospitals affiliated with each Regional
ADA Center for necessary research and for the development and
maintenance of services for victims of Alzheimer's disease and
related disorders and their families. For the fiscal year
beginning July 1, 2003, and each year thereafter, the
Department shall effect payments under this Section to
hospitals affiliated with each Regional ADA Center through the
Illinois Department of Public Aid under the Excellence in
Alzheimer's Disease Center Treatment Act. The Department of
Public Aid shall annually report to the Advisory Committee
established under this Act regarding the funding of centers
under this Act. The Department shall include the annual
expenditures for this purpose in the plan required by Section 5
of this Act.
(Source: P.A. 93-20, eff. 6-20-03.)
 
    Section 999. Effective date. This Act takes effect upon
becoming law.