Sen. Lawrence M. Walsh

Filed: 4/26/2004

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4475

2     AMENDMENT NO. ______. Amend House Bill 4475 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 1. Short title. This Act may be cited as the
5 Excellence in Alzheimer's Disease Center Treatment Act.
 
6     Section 5. Purpose. This Act is intended to maintain and
7 enhance excellence in Alzheimer's disease treatment in
8 Illinois in order to develop strategies to treat and prevent
9 Alzheimer's disease in Illinois and across the United States,
10 ensure that all Illinois citizens obtain the highest quality
11 clinical care for Alzheimer's disease and other dementias,
12 reduce the enormous societal cost of this disease, ensure that
13 Illinois is a national center for Alzheimer's disease research,
14 and maintain and enhance Illinois' ability to attract
15 additional federal and private funding for these purposes.
 
16     Section 15. Definitions. As used in this Act:
17     "Academic medical center hospital" means a hospital
18 located in Illinois that is either (i) under common ownership
19 with the college of medicine of a college or university or (ii)
20 a free-standing hospital in which the majority of the clinical
21 chiefs of service are department chairmen in an affiliated
22 medical school.
23     "Qualified Academic Medical Center Hospital - Pre 1996

 

 

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1 Designation" means any academic medical center hospital that
2 was designated by the National Institutes of Health and
3 National Institutes on Aging as an Alzheimer's Disease Core (or
4 Research) Center prior to calendar year 1996.
5     "Qualified Academic Medical Center Hospital - Post 1996
6 Designation" means any academic medical center hospital that
7 was designated by the National Institutes of Health and
8 National Institutes on Aging as an Alzheimer's Disease Core (or
9 Research) Center in or after calendar year 1996 through
10 calendar year 2003.
11     "Medicaid inpatient day of care" means each day contained
12 in the Illinois Department of Public Aid's paid claims
13 database, including obstetrical days multiplied by two and
14 excluding Medicare crossover days, for dates of service
15 occurring during State fiscal year 1998 and adjudicated through
16 June 30, 1999.
 
17     Section 20. Funds created.
18     (a) The Alzheimer's Disease Center Clinical Fund is created
19 as a special fund in the State treasury, to which the General
20 Assembly shall from time to time appropriate funds and from
21 which the Comptroller shall pay amounts as authorized by law.
22 Appropriations made to this Fund are exempt from the provisions
23 of Section 8h of the State Finance Act.
24     (b) The Alzheimer's Disease Center Expanded Clinical Fund
25 is created as a special fund in the State treasury, to which
26 the General Assembly shall from time to time appropriate funds
27 and from which the Comptroller shall pay amounts as authorized
28 by law. Appropriations made to this Fund are exempt from the
29 provisions of Section 8h of the State Finance Act.
30     (c) The Alzheimer's Disease Center Independent Clinical
31 Fund is created as a special fund in the State treasury, to
32 which the General Assembly shall from time to time appropriate
33 funds and from which the Comptroller shall pay amounts as

 

 

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1 authorized by law. Appropriations made to this Fund are exempt
2 from the provisions of Section 8h of the State Finance Act.
 
3     Section 25. The Alzheimer's Disease Center Clinical Fund.
4     (a) Each institution defined as a Qualified Academic
5 Medical Center Hospital - Pre 1996 Designation shall be
6 eligible for payments from the Alzheimer's Disease Center
7 Clinical Fund.
8     (b) Appropriations allocated to this Fund shall be divided
9 among the qualifying hospitals. The Department of Public Aid
10 shall calculate payment rates for each hospital qualifying
11 under this Section as follows:
12         (1) Hospitals that qualify under the Qualified
13 Academic Medical Center Hospital - Pre 1996 Designation
14 shall be paid a rate of $55.50 for each Medicaid inpatient
15 day of care.
16         (2) No qualifying hospital shall receive payments
17 under this Section that exceed $1,200,000.
18     (c) Payments under this Section shall be made at least
19 quarterly.
 
20     Section 30. The Alzheimer's Disease Center Expanded
21 Clinical Fund.
22     (a) Each institution defined as a Qualified Academic
23 Medical Center Hospital - Pre 1996 Designation or as a
24 Qualified Academic Medical Center Hospital - Post 1996
25 Designation shall be eligible for payments from the Alzheimer's
26 Disease Center Expanded Clinical Fund.
27     (b) Appropriations allocated to this Fund shall be divided
28 among the qualifying hospitals. The Department of Public Aid
29 shall calculate payment rates for each hospital qualifying
30 under this Section as follows:
31         (1) Hospitals that are defined as a Qualifying Academic
32 Medical Center Hospital - Pre 1996 Designation shall be

 

 

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1 paid $13.90 for each Medicaid inpatient day of care.
2         (2) Hospitals that are defined as a Qualifying Academic
3 Medical Center Hospital - Post 1996 Designation and do not
4 meet the Pre 1996 Designation criterion, shall be paid
5 $10.75 for each Medicaid inpatient day of care.
6         (3) Hospitals that qualify under the Pre and Post 1996
7 Designation shall qualify for payments under this Section
8 according to the payment guidelines for Pre 1996 Designated
9 hospitals.
10         (4) No qualifying hospital shall receive payments
11 under this Section that exceed $300,000.
12     (c) Payments under this Section shall be made at least
13 quarterly.
 
14     Section 35. The Alzheimer's Disease Center Independent
15 Clinical Fund.
16     (a) Each institution defined as a Qualified Academic
17 Medical Center Hospital - Pre 1996 Designation or as a
18 Qualified Academic Medical Center Hospital - Post 1996
19 Designation may be eligible for payments from the Alzheimer's
20 Disease Center Independent Clinical Fund.
21     (b) Appropriations allocated to this Fund shall be
22 allocated to specific Qualified Academic Medical Center
23 Hospitals (either Pre 1996 or Post 1996 Designation) for
24 specific and unique clinical/research projects as determined
25 by the General Assembly.
26     (c) Payments under this Section shall be made at least
27 quarterly.
 
28     Section 40. Use of funds. Reimbursement for medical
29 services under this Act eligible for federal financial
30 participation under Title XIX of the Social Security Act shall
31 be used for the following 6 general purposes:
32         (1) Clinical Care. Funds disbursed to each Qualified

 

 

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1 Academic Medical Center Hospital (either Pre 1996 or Post
2 1996 Designation) must be used to support clinical care for
3 affected persons and their families. In addition to
4 providing clinical care, the Qualified Academic Medical
5 Center Hospitals (either Pre 1996 or Post 1996 Designation)
6 shall serve as models of multi-disciplinary diagnostic and
7 treatment facilities for Alzheimer's disease and other
8 dementias.
9         (2) Underserved Community Outreach. Funds disbursed to
10 each Qualified Academic Medical Center Hospital (either
11 Pre 1996 or Post 1996 Designation) must be used to support
12 some type of outreach program in underserved communities.
13         (3) Research. Funds disbursed to each Qualified
14 Academic Medical Center Hospital (either Pre 1996 or Post
15 1996 Designation) must be used to support research on aging
16 and dementia.
17         (4) Education. Funds disbursed to each Qualified
18 Academic Medical Center Hospital (either Pre 1996 or Post
19 1996 Designation) must be used to support education
20 regarding aging and dementia.
21         (5) Brain Bank. Funds should be used by each Qualified
22 Academic Medical Center Hospital (either Pre 1996 or Post
23 1996 Designation) to support a brain banking program.
24         (6) Administration. Funds, as needed, may be used to
25 cover administrative costs, facility costs, and other
26 costs commonly incurred by clinical, research, and
27 educational programs according to the rules governing each
28 Qualified Academic Medical Center Hospital (either Pre
29 1996 or Post 1996 Designation).
 
30     Section 45. Payment of funds. The Comptroller shall
31 disburse all funds appropriated to the Alzheimer's Disease
32 Center Clinical Fund, the Alzheimer's Disease Center Expanded
33 Clinical Fund, and the Alzheimer's Disease Center Independent

 

 

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1 Clinical Fund to the appropriate Qualified Academic Medical
2 Center Hospitals (either Pre 1996 or Post 1996 Designation) as
3 the funds are appropriated by the General Assembly and come due
4 under this Act. The payment of these funds shall be made
5 through the Department of Public Aid.
 
6     Section 50. Reporting requirements. Qualified Academic
7 Medical Center Hospitals (either Pre 1996 or Post 1996
8 Designation) receiving payments from the Alzheimer's Disease
9 Center Clinical Fund, the Alzheimer's Disease Center Expanded
10 Clinical Fund, or the Alzheimer's Disease Center Independent
11 Clinical Fund shall submit annual reports to the Department of
12 Public Health and the ADA Advisory Committee.
 
13     Section 55. Payment methodology. The Department of Public
14 Aid shall promulgate rules necessary to make payments to the
15 Qualifying Academic Medical Center Hospitals (either Pre 1996
16 or Post 1996 Designation) utilizing a reimbursement
17 methodology consistent with this Act for distribution of all
18 moneys from the funds in a manner that would help ensure these
19 funds could be matchable to the maximum extent possible under
20 Title XIX of the Social Security Act.
 
21     Section 60. Reimbursements of payments by the State.
22 Nothing in this Act may be used to reduce reimbursements or
23 payments by the State to a Qualifying Academic Medical Center
24 Hospital (either Pre 1996 or Post 1996 Designation) under any
25 other Act.
 
26     Section 65. Contravention of law. Funds received under this
27 Act shall not be used in contravention of any law of this
28 State.
 
29     Section 900. The Department of Public Health Powers and

 

 

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1 Duties Law of the Civil Administrative Code of Illinois is
2 amended by changing Section 2310-215 as follows:
 
3     (20 ILCS 2310/2310-215)  (was 20 ILCS 2310/55.62)
4     Sec. 2310-215. Center for Minority Health Services.
5     (a) The Department shall establish a Center for Minority
6 Health Services to advise the Department on matters pertaining
7 to the health needs of minority populations within the State.
8     (b) The Center shall have the following duties:
9         (1) To assist in the assessment of the health needs of
10 minority populations in the State.
11         (2) To recommend treatment methods and programs that
12 are sensitive and relevant to the unique linguistic,
13 cultural, and ethnic characteristics of minority
14 populations.
15         (3) To provide consultation, technical assistance,
16 training programs, and reference materials to service
17 providers, organizations, and other agencies.
18         (4) To promote awareness of minority health concerns,
19 and encourage, promote, and aid in the establishment of
20 minority services.
21         (5) To disseminate information on available minority
22 services.
23         (6) To provide adequate and effective opportunities
24 for minority populations to express their views on
25 Departmental policy development and program
26 implementation.
27         (7) To coordinate with the Department on Aging and the
28 Department of Public Aid to coordinate services designed to
29 meet the needs of minority senior citizens.
30         (8) To promote awareness of the incidence of
31 Alzheimer's disease and related dementias among minority
32 populations and to encourage, promote, and aid in the
33 establishment of prevention and treatment programs and

 

 

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1 services relating to this health problem.
2     (c) For the purpose of this Section, "minority" shall mean
3 and include any person or group of persons who are:
4         (1) African-American (a person having origins in any of
5 the black racial groups in Africa);
6         (2) Hispanic (a person of Spanish or Portuguese culture
7 with origins in Mexico, South or Central America, or the
8 Caribbean Islands, regardless of race);
9         (3) Asian American (a person having origins in any of
10 the original peoples of the Far East, Southeast Asia, the
11 Indian Subcontinent or the Pacific Islands); or
12         (4) American Indian or Alaskan Native (a person having
13 origins in any of the original peoples of North America).
14 (Source: P.A. 91-239, eff. 1-1-00.)
 
15     Section 905. The State Finance Act is amended by adding
16 Sections 5.625, 5.626, and 5.627 as follows:
 
17     (30 ILCS 105/5.625 new)
18     Sec. 5.625. The Alzheimer's Disease Center Clinical Fund.
 
19     (30 ILCS 105/5.626 new)
20     Sec. 5.626. The Alzheimer's Disease Center Expanded
21 Clinical Fund.
 
22     (30 ILCS 105/5.627 new)
23     Sec. 5.627. The Alzheimer's Disease Center Independent
24 Clinical Fund.
 
25     Section 910. The Alzheimer's Disease Assistance Act is
26 amended by changing Sections 2, 6, and 7 as follows:
 
27     (410 ILCS 405/2)  (from Ch. 111 1/2, par. 6952)
28     Sec. 2. Policy declaration. The General Assembly finds that

 

 

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1 Alzheimer's disease and related disorders are devastating
2 health conditions which destroy certain vital cells of the
3 brain and which affect an estimated 4,500,000 1,500,000
4 Americans. This means that approximately 200,000 111,000
5 Illinois citizens are victims. The General Assembly also finds
6 that 50% of all nursing home admissions in the State may be
7 attributable to the Alzheimer's disease and related disorders
8 and that these conditions are the fourth leading cause of death
9 among the elderly. It is the opinion of the General Assembly
10 that Alzheimer's disease and related disorders cause serious
11 financial, social and emotional hardships on the victims and
12 their families of such a major consequence that it is essential
13 for the State to develop and implement policies, plans,
14 programs and services to alleviate such hardships.
15     The General Assembly recognizes that there is no known
16 cause or cure of Alzheimer's disease at this time, and that it
17 can progress over an extended period of time and to such a
18 degree that the victim's deteriorated condition makes him or
19 her susceptible to other medical disorders that generally prove
20 fatal. It is the intent of the General Assembly, through
21 implementation of this Act, to establish a program for the
22 conduct of research regarding the cause, cure and treatment of
23 Alzheimer's disease and related disorders; and, through the
24 establishment of Regional Alzheimer's Disease Assistance
25 Centers and a comprehensive, Statewide system of regional and
26 community-based services, to provide for the identification,
27 evaluation, diagnosis, referral and treatment of victims of
28 such health problems.
29 (Source: P.A. 85-1209.)
 
30     (410 ILCS 405/6)  (from Ch. 111 1/2, par. 6956)
31     Sec. 6. ADA Advisory Committee. There is created the
32 Alzheimer's Disease Advisory Committee consisting of 21 voting
33 members appointed by the Director of the Department, as well as

 

 

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1 5 nonvoting members as hereinafter provided in this Section.
2 The Director or his designee shall serve as one of the 21
3 voting members and as the Chairman of the Committee. Those
4 appointed as voting members shall include persons who are
5 experienced in research and the delivery of services to victims
6 and their families. Such members shall include 4 physicians
7 licensed to practice medicine in all of its branches, one
8 representative of a postsecondary educational institution
9 which administers or is affiliated with a medical center in the
10 State, one representative of a licensed hospital, one
11 registered nurse, one representative of a long term care
12 facility under the Nursing Home Care Act, one representative of
13 an area agency on aging as defined by Section 3.07 of the
14 Illinois Act on the Aging, one social worker, one
15 representative of an organization established under the
16 Illinois Insurance Code for the purpose of providing health
17 insurance, 5 family members or representatives of victims of
18 Alzheimer's disease and related disorders, and 4 members of the
19 general public. Among the physician appointments shall be
20 persons with specialties in the fields of neurology, family
21 medicine, psychiatry and pharmacology. Among the general
22 public members, at least 2 appointments shall include persons
23 65 years of age or older.
24     In addition to the 21 voting members, the Secretary of
25 Human Services (or his or her designee) and one additional
26 representative of the Department of Human Services designated
27 by the Secretary plus the Directors of the following State
28 agencies or their designees shall serve as nonvoting members:
29 Department on Aging, Department of Public Aid, and Guardianship
30 and Advocacy Commission.
31     Each voting member appointed by the Director of Public
32 Health shall serve for a term of 2 years, and until his
33 successor is appointed and qualified. Members of the Committee
34 shall not be compensated but shall be reimbursed for expenses

 

 

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1 actually incurred in the performance of their duties. No more
2 than 11 voting members may be of the same political party.
3 Vacancies shall be filled in the same manner as original
4 appointments.
5     The Committee shall review all State programs and services
6 provided by State agencies that are directed toward persons
7 with Alzheimer's disease and related dementias, and recommend
8 changes to improve the State's response to this serious health
9 problem.
10 (Source: P.A. 89-507, eff. 7-1-97.)
 
11     (410 ILCS 405/7)  (from Ch. 111 1/2, par. 6957)
12     Sec. 7. Regional ADA center funding. Pursuant to
13 appropriations enacted by the General Assembly, the Department
14 shall provide funds to hospitals affiliated with each Regional
15 ADA Center for necessary research and for the development and
16 maintenance of services for victims of Alzheimer's disease and
17 related disorders and their families. For the fiscal year
18 beginning July 1, 2003, and each year thereafter, the
19 Department shall effect payments under this Section to
20 hospitals affiliated with each Regional ADA Center through the
21 Illinois Department of Public Aid under the Excellence in
22 Alzheimer's Disease Center Treatment Act. The Department of
23 Public Aid shall annually report to the Advisory Committee
24 established under this Act regarding the funding of centers
25 under this Act. The Department shall include the annual
26 expenditures for this purpose in the plan required by Section 5
27 of this Act.
28 (Source: P.A. 93-20, eff. 6-20-03.)
 
29     Section 999. Effective date. This Act takes effect upon
30 becoming law.".