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Public Act 095-1042
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| SB2348 Enrolled |
LRB095 15983 DRJ 41995 b |
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AN ACT concerning public aid.
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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 Department of Public Health Powers and |
Duties Law of the
Civil Administrative Code of Illinois is |
amended by changing Section 2310-315 as follows:
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(20 ILCS 2310/2310-315) (was 20 ILCS 2310/55.41)
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Sec. 2310-315. Prevention and treatment of AIDS. To perform |
the
following in relation to the prevention and
treatment of |
acquired immunodeficiency syndrome (AIDS):
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(1) Establish a State AIDS Control Unit within the |
Department as
a
separate administrative subdivision, to |
coordinate all State
programs and services relating to the |
prevention, treatment, and
amelioration of AIDS.
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(2) Conduct a public information campaign for physicians,
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hospitals, health facilities, public health departments, law |
enforcement
personnel, public employees, laboratories, and the |
general public on
acquired immunodeficiency syndrome (AIDS) |
and promote necessary measures
to reduce the incidence of AIDS |
and the mortality from AIDS. This program
shall include, but |
not be limited to, the establishment of a statewide
hotline and |
a State AIDS information clearinghouse that will provide
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periodic reports and releases to public officials, health |
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professionals,
community service organizations, and the |
general public regarding new
developments or procedures |
concerning prevention and treatment of AIDS.
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(3) (Blank).
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(4) Establish alternative blood test services that are not
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operated by a blood bank, plasma center or hospital. The
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Department shall prescribe by rule minimum criteria, standards |
and
procedures for the establishment and operation of such |
services, which shall
include, but not be limited to |
requirements for the provision of
information, counseling and |
referral services that ensure appropriate
counseling and |
referral for persons whose blood is tested and shows evidence |
of
exposure to the human immunodeficiency virus (HIV) or other
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identified causative agent of acquired immunodeficiency |
syndrome (AIDS).
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(5) Establish regional and community service networks of |
public
and
private service providers or health care |
professionals who may be involved
in AIDS research, prevention |
and treatment.
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(6) Provide grants to individuals, organizations or |
facilities
to support
the following:
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(A) Information, referral, and treatment
services.
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(B) Interdisciplinary workshops for professionals |
involved in
research and treatment.
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(C) Establishment and operation of a statewide
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hotline.
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(D) Establishment and operation of alternative testing
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services.
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(E) Research into detection, prevention, and
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treatment.
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(F) Supplementation of other public and private
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resources.
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(G) Implementation by long-term care facilities of |
Department
standards and procedures for the care and |
treatment of persons with AIDS
and the development of |
adequate numbers and types of placements for those
persons.
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(7) (Blank).
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(8) Accept any gift, donation, bequest, or grant of funds
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from private or
public agencies, including federal funds that |
may be provided for AIDS control
efforts.
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(9) Develop and implement, in consultation with the |
Long-Term
Care
Facility Advisory Board, standards and |
procedures for long-term care
facilities that provide care and |
treatment of persons with AIDS, including
appropriate |
infection control procedures. The Department shall work
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cooperatively with organizations representing those facilities |
to
develop
adequate numbers and types of placements for persons |
with AIDS and shall
advise those facilities on proper |
implementation of its standards
and procedures.
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(10) The Department shall create and administer a training
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program
for State employees who have a need for understanding |
matters relating to
AIDS in order to deal with or advise the |
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public. The training
shall
include information on the cause and |
effects of AIDS, the means of
detecting it and preventing its |
transmission, the availability of related
counseling and |
referral, and other matters that may be
appropriate.
The |
training may also be made available to employees of local
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governments,
public service agencies, and private agencies |
that contract
with the State;
in those cases the Department may |
charge a reasonable fee to
recover the
cost of the training.
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(11) Approve tests or testing procedures used in |
determining
exposure to HIV or any other identified causative |
agent of AIDS.
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(12) Provide prescription drug benefits counseling for |
persons with HIV or AIDS.
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(13) Continue to administer the AIDS Drug Assistance |
Program that provides drugs to prolong the lives of low income |
Persons with Acquired Immunodeficiency Syndrome (AIDS) or |
Human Immunodeficiency Virus (HIV) infection who are not |
eligible under Article V of the Illinois Public Aid Code for |
Medical Assistance, as provided under Title 77, Chapter 1, |
Subchapter (k), Part 692, Section 692.10 of the Illinois |
Administrative Code, effective August 1, 2000, except that the |
financial qualification for that program shall be that the |
anticipated gross monthly income shall be at or below above |
500% of the most recent Federal Poverty Guidelines published |
annually by the United States Department of Health and Human |
Services for the size of the household. Notwithstanding the |
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preceding sentence, the Department of Public Health may |
determine the income eligibility standard for the AIDS Drug |
Assistance Program each year and may set the standard at more |
than 500% of the Federal Poverty Guidelines for the size of the |
household, provided that moneys appropriated to the Department |
for the program are sufficient to cover the increased cost of |
implementing the higher income eligibility standard. |
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. |
(14) In order to implement the provisions of Public Act |
95-7, the Department must expand HIV testing in health care |
settings where undiagnosed individuals are likely to be |
identified. The Department must purchase rapid HIV kits and |
make grants for technical assistance, staff to conduct HIV |
testing and counseling, and related purposes. The Department |
must make grants to (i) facilities serving patients that are |
uninsured at high rates, (ii) facilities located in areas with |
a high prevalence of HIV or AIDS, (iii) facilities that have a |
high likelihood of identifying individuals who are undiagnosed |
with HIV or AIDS, or (iv) any combination of items (i), (ii), |
and (iii). |
(Source: P.A. 94-909, eff. 6-23-06; 95-744, eff. 7-18-08.)
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