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1    AN ACT concerning public health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by changing Section 2310-376 as follows:
7    (20 ILCS 2310/2310-376)
8    Sec. 2310-376. Hepatitis education, and outreach, and
10    (a) The Illinois General Assembly finds and declares the
12        (1) An estimated 5,400,000 individuals in the United
13    States are infected with viral hepatitis B (HBV) and
14    hepatitis C (HCV), 75% of these individuals are unaware
15    they are infected.
16        (2) HBV and HCV are leading causes of liver cancer and
17    liver failure and the most common reasons for liver
18    transplantation in the United States.
19        (3) Viral hepatitis is 5 times more prevalent than
20    HIV/AIDS and has led to nearly 17,000 deaths in the United
21    States in 2007 alone; more than 1,000,000 people die each
22    year due to viral hepatitis B and C-related liver disease
23    worldwide.



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1        (4) Two of every 3 people with chronic hepatitis C in
2    this country are baby boomers born between 1945 and 1965
3    who were infected decades ago.
4        (5) HCV disproportionately affects minorities. African
5    Americans, who make up 14% of the population, account for
6    22% of HCV cases in the U.S. The Hispanic community also
7    bears a heavier burden; chronic HCV is more aggressive and
8    carries a higher risk of cirrhosis for Hispanics than for
9    any other ethnic group. Immigrants from mainland China and
10    Southeast Asia also have high rates of hepatitis C.
11        (6) HBV also impacts minorities disproportionately.
12    One in 10 to 12 Asian Americans in the U.S. is chronically
13    infected with HBV. Asian Americans make up nearly 50% of
14    the 1,400,000 individuals with chronic HBV infections. In
15    addition, among all racial and ethnic groups, African
16    Americans had the highest new cases of HBV in 2009.
17        (7) The costs for viral hepatitis patients are
18    projected to more than double over the next 20 years, from
19    $30,000,000,000 to $85,000,000,000 per year.
20        (8) It is estimated that over 180,000 people in this
21    State are infected with hepatitis C.
22        (9) The percentage of African Americans (19.5%)
23    reported in Illinois with chronic hepatitis C was higher in
24    2004 than the percentage of African Americans (14.7%)
25    within Illinois' population.
26        (10) Almost one of every 3 persons infected with HIV in



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1    this State is co-infected with hepatitis B or C.
2        (11) Forty-five percent of deaths occurring in the
3    co-infected population in Illinois are caused by liver
4    damage from chronic hepatitis B and C infections.
5        (1) The World Health Organization characterizes
6    hepatitis as a disease of primary concern to humanity.
7        (2) Hepatitis is considered a silent killer; no
8    recognizable signs or symptoms occur until severe liver
9    damage has occurred.
10        (3) Studies indicate that nearly 4 million Americans
11    (1.8 percent of the population) carry the virus HCV that
12    causes the disease.
13        (4) 30,000 acute new infections occur each year in the
14    United States, and only 25 to 30 percent are diagnosed.
15        (5) 8,000 to 10,000 Americans die from the disease each
16    year.
17        (6) 200,000 Illinois residents may be carriers and
18    could develop the debilitating and potentially deadly
19    liver disease.
20        (12) (7) Inmates of correctional facilities have a
21    higher incidence of hepatitis and, upon their release,
22    present a significant health risk to the general
23    population.
24        (13) (8) Illinois members of the armed services are
25    subject to an increased risk of contracting hepatitis due
26    to their possible receipt of contaminated blood during a



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1    transfusion occurring for the treatment of wounds and due
2    to their service in areas of the World where the disease is
3    more prevalent and healthcare is less capable of detecting
4    and treating the disease. Many of these service members are
5    unaware of the danger of viral hepatitis and their
6    increased risk of contracting the disease.
7    (b) Subject to appropriation, the Department shall conduct
8an education and outreach campaign, in addition to its overall
9effort to prevent infectious disease in Illinois, in order to
10raise awareness about and promote prevention of viral
12    (c) Subject to appropriation, in addition to the education
13and outreach campaign provided in subsection (b), the
14Department shall develop and make available to physicians,
15other health care providers, members of the armed services, and
16other persons subject to an increased risk of contracting
17hepatitis, educational materials, in written and electronic
18forms, on the diagnosis, treatment, and prevention of the
19disease. These materials shall include the recommendations of
20the federal Centers for Disease Control and Prevention and
21shall reference the Centers for Disease Control and Prevention
22guidelines regarding screening any other persons or entities
23determined by the Department to have particular expertise on
24hepatitis, including the American Liver Foundation. These
25materials shall be written in terms that are understandable by
26members of the general public.



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1    (d) The Department shall establish an Advisory Council on
2Viral Hepatitis to develop a hepatitis prevention plan. The
3Department shall specify the membership, members' terms,
4provisions for removal of members, chairmen, and purpose of the
5Advisory Council. The Advisory Council shall consist of one
6representative from each of the following State agencies or
7offices, appointed by the head of each agency or office:
8        (1) The Department of Public Health.
9        (2) The Department of Public Aid.
10        (3) The Department of Corrections.
11        (4) The Department of Veterans' Affairs.
12        (5) The Department on Aging.
13        (6) The Department of Human Services.
14        (7) The Department of State Police.
15        (8) The office of the State Fire Marshal.
16    The Director shall appoint representatives of
17organizations and advocates in the State of Illinois,
18including, but not limited to, the American Liver Foundation,
19an organization focused on health advocacy for the
20Asian-American community, and an organization focused on
21promoting prison reform and advocating for the incarcerated
22population. The Director shall also appoint interested members
23of the public, including consumers and providers of health
24services and representatives of local public health agencies,
25to provide recommendations and information to the members of
26the Advisory Council. Members of the Advisory Council shall



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1serve on a voluntary, unpaid basis and are not entitled to
2reimbursement for mileage or other costs they incur in
3connection with performing their duties.
4    (e) By January 1, 2013, the Department, in consultation
5with the Advisory Council, shall prepare the State Viral
6Hepatitis Plan to guide screening and immunization, referral,
7and treatment services to those infected with HBV and HCV. To
8ensure meaningful input by stakeholders into the Plan, the
9Department shall hold 2 public hearings at locations throughout
10the State. The public hearings shall include various
11stakeholders, including public health organizations, patient
12advocacy organizations, organizations representing the
13incarcerated population, as well as individuals infected with
14HBV and HCV.
15    In developing the State Viral Hepatitis Plan, the
16Department, in consultation with the Advisory Council, is
17directed to assess the current and future impact of hepatitis B
18and C on Illinois residents, including the cost of the disease
19to public and private insurers; examine existing services and
20access to services; and assess the resources addressing the
21needs of persons with HBV and HCV.
22    The Plan shall include an examination of the following in
23its assessment and recommendations:
24        (1) Trends in the State HBV and HCV population,
25    including, but not limited to, the use of State
26    surveillance data of persons with HBV and HCV for the



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1    purpose of having proper estimates of the number of persons
2    in the State infected with HBV and HCV.
3        (2) The current economic impact to public and private
4    insurers of HBV and HCV and related disorders, including
5    liver disease, and those persons co-infected with
6    HIV/AIDS. This examination shall include the cost of direct
7    and indirect care paid by Medicaid and other federal-State
8    funded programs and the impact of the federal Affordable
9    Care Act on this population.
10        (3) An assessment of the existing access landscape,
11    including existing screening and immunization programs,
12    education resources, and treatment options for
13    HBV-infected and HCV-infected persons.
14        (4) The impact of HBV and HCV on the prison population
15    in this State and efforts to screen and treat HBV-infected
16    and HCV-infected inmates prior to release.
17    No later than January 1, 2016, the State Viral Hepatitis
18Plan shall include a strategy to screen a targeted sample of
19persons born between 1945 and 1965 for HCV, and a strategy to
20screen a targeted sample of high risk individuals for HBV.
21(Source: P.A. 93-129, eff. 1-1-04; 94-406, eff. 8-2-05.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.