Public Act 093-0929
Public Act 0929 93RD GENERAL ASSEMBLY
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Public Act 093-0929
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| SB2845 Enrolled |
LRB093 20711 AMC 46598 b |
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| 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.
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| (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.
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| (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.
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Effective Date: 8/12/2004
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