093_SB1590

 
                                     LRB093 10833 DRJ 11290 b

 1        AN ACT in relation to health.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title. This Act may  be  cited  as  the
 5    Epilepsy Disease Assistance Act.

 6        Section  5.  Policy  declaration.   The  General Assembly
 7    finds that epilepsy is a devastating  health  condition  that
 8    afflicts  2,300,000  United States citizens,  over 125,000 of
 9    whom reside in Illinois.  The  General  Assembly  also  finds
10    that  epilepsy  afflicts  its  victims  at  all  ages, but is
11    particularly devastating to children and the elderly.  It  is
12    the  opinion  of the General Assembly that epilepsy can cause
13    serious financial, social, and  emotional  hardships  on  the
14    victims  and  their families of such a major consequence that
15    it is essential  for  the  State  to  develop  and  implement
16    policies,  plans,  programs,  and  services to alleviate such
17    hardships.
18        It  is  the  intent  of  the  General  Assembly   through
19    implementation  of  this  Act  to establish a program for the
20    conduct of education and research regarding the cause,  cure,
21    and  treatment  of  both  the  physiologic  and  psychosocial
22    aspects  of  epilepsy.  Additionally, it is the intent of the
23    General  Assembly,  through  the  establishment  of  regional
24    epilepsy centers and a  comprehensive,  statewide  system  of
25    regional  and  community-based  services,  to provide for the
26    identification,   evaluation,   diagnosis,   referral,    and
27    treatment of victims of such health problems.

28        Section 10.  Definitions.  As used in this Act:
29             "Epilepsy"   means   a   disorder  characterized  by
30        recurring  attacks  of   motor,   sensory,   or   psychic
 
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 1        malfunction with or without unconsciousness or convulsive
 2        movements.
 3             "Regional  epilepsy  center"  means  a postsecondary
 4        higher educational institution having:
 5                  (1)  a medical school  in  affiliation  with  a
 6             medical center;
 7                  (2)  an   established  education  and  outreach
 8             initiative to provide assistance  to  both  children
 9             and adults with epilepsy; and
10                  (3) physicians licensed to practice medicine in
11             all  of  its  branches, full-time educators, nurses,
12             epileptologists treating both children  and  adults,
13             social   workers,   psychologists,  and  researchers
14             involved in exploring both the pathophysiologic  and
15             psycho-social aspects of epilepsy.
16             "Primary   epilepsy   provider"   means  a  licensed
17        hospital, a medical center under  the  supervision  of  a
18        physician  licensed  to  practice  medicine in all of its
19        branches, a physician licensed to  practice  medicine  in
20        all  of  its  branches, or a medical center that provides
21        medical consultation, evaluation, referral, and treatment
22        to persons who may be  or  who  have  been  diagnosed  as
23        victims of epilepsy.
24             "Epilepsy    Advisory    Committee"   or   "Advisory
25        Committee" or  "Committee"  means  the  Epilepsy  Disease
26        Advisory Committee created under Section  20 of this Act.
27             "Department" means the Illinois Department of Public
28        Health.
29             "Director" means the Director of Public Health.

30        Section  15.   Development  of  standards  for  a service
31    network;  designation  of  regional   centers   and   primary
32    providers.    By   January   1,   2005,  the  Department,  in
33    consultation  with  the  Advisory  Committee,  shall  develop
 
                            -3-      LRB093 10833 DRJ 11290 b
 1    standards  for  the  conduct  of   research   and   for   the
 2    identification,    evaluation,   diagnosis,   referral,   and
 3    treatment of victims of epilepsy and their  families  through
 4    the  regional  centers.   The  standards  shall  include  the
 5    following:
 6             (a)  A  description  of the specific populations and
 7        geographic areas to be served.
 8             (b)  Standards,   criteria,   and   procedures   for
 9        designation of the Regional Centers that will ensure  the
10        provision  of  quality  care  to  a  broad segment of the
11        population  through  on-site  facilities   and   services
12        available   within   the  service  area  defined  by  the
13        Department.  At  least  one  regional  center  shall   be
14        conveniently  located  to  serve the Chicago metropolitan
15        area  and  at  least  one  regional   center   shall   be
16        conveniently  located  to serve the balance of the State.
17        The  regional  centers  shall  provide   at   least   the
18        following:
19                  (1)  Comprehensive   diagnosis   and  treatment
20             facilities and services that have  (i)  professional
21             medical  staff specifically trained in neurology and
22             the detection, diagnosis, and treatment of epilepsy,
23             (ii) sufficient support staff  who  are  trained  as
24             caregivers      to      victims     of     epilepsy,
25             (iii)  appropriate and adequate equipment  necessary
26             for  diagnosis  and  treatment,  (iv) transportation
27             services necessary for outreach to the service  area
28             defined by the Department and for assuring access of
29             patients  to  available services, and (v) such other
30             support services, staff, and  equipment  as  may  be
31             required;
32                  (2)  Consultation  and  referral  services  for
33             victims   and  their  families  to  ensure  informed
34             consent to treatment and to assist them in obtaining
 
                            -4-      LRB093 10833 DRJ 11290 b
 1             necessary assistance and  support  services  through
 2             primary  epilepsy  providers and various private and
 3             public agencies that may otherwise be  available  to
 4             provide services under this Act;
 5                  (3)  Research programs and facilities to assist
 6             faculty and students in discovering the cause of and
 7             diagnosis, cure, and treatment of epilepsy;
 8                  (4)  Training,   consultation,  and  continuing
 9             education  for  caregivers,  including  families  of
10             those who are affected by epilepsy;
11                  (5)  Centralized data  collection,  processing,
12             and  storage  that  will serve as a clearinghouse of
13             information to assist victims and  families  and  to
14             facilitate research;
15                  (6)  Programs   of   scientific   and   medical
16             research  in  relation to epilepsy that are designed
17             and conducted in a manner that may enable the center
18             to qualify for federal  financial  participation  in
19             the cost of such programs.

20        Section   20.  Epilepsy  Advisory  Committee.   There  is
21    created the Epilepsy Advisory Committee  consisting  of   the
22    Director  or  his  or  her  designee,  who  shall  serve as a
23    non-voting member and  who  shall  be  the  chairman  of  the
24    Committee and 11 voting members appointed by the Director.
25        The  appointed  members  shall  include  persons  who are
26    experienced in research  and  the  delivery  of  services  to
27    victims  of  epilepsy and their families.  Such members shall
28    include 4 physicians licensed to practice medicine in all  of
29    its  branches  experienced  in the diagnosis and treatment of
30    epilepsy, at least 3 of whom  shall  be  physicians  who  are
31    board   certified  in  neurology;  one  representative  of  a
32    postsecondary educational institution that administers or  is
33    affiliated   with   a   medical  center  in  the  State,  one
 
                            -5-      LRB093 10833 DRJ 11290 b
 1    representative of a licensed hospital, one nurse, one  social
 2    worker,  one  representative  of  an organization established
 3    under  the  Illinois  Insurance  Code  for  the  purpose   of
 4    providing  health  insurance,  and  2  victims of epilepsy or
 5    members of their families.
 6        Each member appointed by the Director shall serve  for  a
 7    term  of  2 years and until his or her successor is appointed
 8    and  qualified.   Members  of  the  Committee  shall  not  be
 9    compensated, but shall be reimbursed  for  expenses  actually
10    incurred  in the performance of their duties.  No more than 7
11    members may be of the same political party.
12        Vacancies shall be filled in the same manner as  original
13    appointments.

14        Section   25.  Regional  Epilepsy  Center  grants-in-aid;
15    special fund. The Regional Epilepsy Center Grants-in-Aid Fund
16    is created as a special fund in the State treasury.  Pursuant
17    to  appropriations  from the Fund and from other sources made
18    by  the  General  Assembly,  the  Department  shall   provide
19    grants-in-aid  to  regional  epilepsy  centers  for necessary
20    research and for the development and maintenance of  services
21    for  victims  of epilepsy and their families.  The Department
22    shall adopt rules and procedures governing  the  distribution
23    and specific purposes of such grants.

24        Section  90.  The  State Finance Act is amended by adding
25    Section 5.595 as follows:

26        (30 ILCS 105/5.595 new)
27        Sec. 5.595.  The Regional Epilepsy  Center  Grants-in-Aid
28    Fund.

29        Section  95.  The  Illinois  Income Tax Act is amended by
30    adding Section 507Y and changing  Sections  509  and  510  as
 
                            -6-      LRB093 10833 DRJ 11290 b
 1    follows:

 2        (35 ILCS 5/507Y new)
 3        Sec.  507Y.  Regional  Epilepsy Center Grants-in-Aid Fund
 4    checkoff.   The  Department  must  print  on   its   standard
 5    individual income tax form a provision indicating that if the
 6    taxpayer wishes to contribute to the Regional Epilepsy Center
 7    Grants-in-Aid   Fund, as authorized by this amendatory Act of
 8    the 93rd General Assembly, he or she may do so by stating the
 9    amount of the contribution (not less than $1) on  the  return
10    and  that  the contribution will reduce the taxpayer's refund
11    or increase the amount of payment to  accompany  the  return.
12    Failure  to remit any amount of increased payment reduces the
13    contribution accordingly.  This Section does not apply to any
14    amended return.

15        (35 ILCS 5/509) (from Ch. 120, par. 5-509)
16        Sec. 509.  Tax  checkoff  explanations.   All  individual
17    income   tax   return   forms   shall   contain   appropriate
18    explanations  and spaces to enable the taxpayers to designate
19    contributions to  the  following  funds:    the  Child  Abuse
20    Prevention  Fund,  to the Illinois Wildlife Preservation Fund
21    (as required by the  Illinois  Non-Game  Wildlife  Protection
22    Act),  to  the Alzheimer's Disease Research Fund (as required
23    by the Alzheimer's Disease Research Act), to  the  Assistance
24    to  the Homeless Fund (as required by this Act), to the Penny
25    Severns Breast and Cervical  Cancer  Research  Fund,  to  the
26    National  World  War II Memorial Fund, to the Prostate Cancer
27    Research Fund, the Multiple Sclerosis  Assistance  Fund,  the
28    Regional  Epilepsy  Center  Grants-in-Aid  Fund,  and  to the
29    Korean War Veterans National Museum and Library Fund.
30        Each  form   shall   contain   a   statement   that   the
31    contributions  will  reduce the taxpayer's refund or increase
32    the amount of payment to accompany the return.    Failure  to
 
                            -7-      LRB093 10833 DRJ 11290 b
 1    remit  any  amount  of  increased  payment  shall  reduce the
 2    contribution accordingly.
 3        If, on October 1 of any year, the total contributions  to
 4    any  one  of  the  funds made under this Section do not equal
 5    $100,000 or more, the explanations and spaces for designating
 6    contributions  to  the  fund  shall  be  removed   from   the
 7    individual  income tax return forms for the following and all
 8    subsequent years and all subsequent contributions to the fund
 9    shall be refunded to the taxpayer.
10    (Source: P.A. 91-104, eff.  7-13-99;  91-107,  eff.  7-13-99;
11    91-357,  eff.  7-29-99;  91-833,  eff.  1-1-01;  91-836, eff.
12    1-1-01; 92-84, eff. 7-1-02; 92-198, eff. 8-1-01; 92-651, eff.
13    7-11-02; 92-772, eff. 8-6-02; revised 1-2-03.)

14        (35 ILCS 5/510) (from Ch. 120, par. 5-510)
15        Sec. 510.  Determination  of  amounts  contributed.   The
16    Department  shall  determine  the total amount contributed to
17    each of the following: the Child Abuse Prevention  Fund,  the
18    Illinois  Wildlife  Preservation  Fund, the Assistance to the
19    Homeless Fund, the Alzheimer's  Disease  Research  Fund,  the
20    Penny  Severns  Breast and Cervical Cancer Research Fund, the
21    National World War II  Memorial  Fund,  the  Prostate  Cancer
22    Research  Fund,  the  Multiple Sclerosis Assistance Fund, the
23    Regional Epilepsy Center Grants-in-Aid Fund, and  the  Korean
24    War  Veterans  National  Museum  and  Library Fund; and shall
25    notify the State Comptroller and the State Treasurer  of  the
26    amounts  to  be  transferred from the General Revenue Fund to
27    each fund, and upon receipt of such  notification  the  State
28    Treasurer and Comptroller shall transfer the amounts.
29    (Source: P.A.  91-104,  eff.  7-13-99;  91-107, eff. 7-13-99;
30    91-833, eff. 1-1-01; 91-836, eff. 1-1-01; 92-84, eff. 7-1-02;
31    92-198, eff.  8-1-01;  92-651,  eff.  7-11-02;  92-772,  eff.
32    8-6-02.)
 
                            -8-      LRB093 10833 DRJ 11290 b
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.