Illinois General Assembly - Full Text of Public Act 094-0407
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Public Act 094-0407


 

Public Act 0407 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0407
 
HB0612 Enrolled LRB094 06692 RXD 36786 b

    AN ACT concerning State government.
 
    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
Illinois Family Case Management Act.
 
    Section 5. Legislative findings and purpose. The General
Assembly finds as follows:
        (1) The statewide rate of infant mortality continues to
    remain at an unacceptable level in regard to the national
    average.
        (2) Within the State of Illinois, certain areas and
    populations continue to experience rates of infant
    mortality far greater than either the statewide or national
    averages. Prevention activities need to be statewide for
    maximum benefit.
        (3) Family case management services are proven to be
    effective in improving the health of women and infants and
    lowering the incidence of infant morbidity and mortality,
    particularly those individuals linked to the Special
    Supplemental Nutrition Program for Women, Infants and
    Children (WIC).
        (4) Family case management improves the health and
    development of children and families by providing the
    earliest identification of their needs and promoting
    linkages to address those needs.
        (5) Data demonstrates significantly lower Medicaid
    expenditures for pregnant and postpartum women and
    children who have been enrolled in family case management
    and WIC services than for Medicaid-eligible persons not
    receiving case management services.
    Therefore, as a critical component in delivering
comprehensive maternal and child health services in Illinois,
it is the purpose of this Act to provide for the establishment
and recognition of a program of family case management to
ensure and provide statewide wrap-around services targeted
toward reducing the incidence of infant mortality, very low
birthweight infants, and low birthweight infants within the
State.
 
    Section 10. Definitions. In this Act:
    "Department" means the Illinois Department of Human
Services.
    "Eligible participant" means: (i) subject to available
appropriations, any pregnant woman or child through the age of
one year enrolled in the Medicaid program on the effective date
of this Act or whose income is up to 200% of the federal
poverty level; and (ii) subject to additional appropriations,
any child through the age of 4 years enrolled in Medicaid or
whose income is up to 200% of the federal poverty level.
    "Family Case Management program" or "program" means the
program established under Section 15 of this Act.
    "Infant mortality rate" means the number of infant deaths
per 1,000 live births as reported on a calendar year basis by
the federal Department of Health and Human Services.
    "Secretary" means the Secretary of Human Services.
    "Targeted Intensive Case Management" means services
provided to any program-eligible pregnant woman or infant
through the age of one, where an assessment has been performed
that deems the participant at greater risk for infant mortality
or morbidity.
 
    Section 15. Family Case Management Program. The Department
shall establish and administer a family case management
program. The purposes of the program shall be to reduce the
incidence of infant mortality, very low birthweight infants,
and low birthweight infants and to assist low-income families
to obtain available health and human services needed for
healthy growth and development, including but not limited to
prenatal care, early periodic screening, diagnosis, and
treatment (EPSDT) services, immunizations, lead screenings,
nutritional support, and other specialized services for
families with additional challenges and needs. Under the
program, case management shall involve individualized
assessment of needs, planning of services, referral,
monitoring, and advocacy to assist a client in gaining access
to appropriate services. Under the program, case management
shall be an active and collaborative process involving a
qualified case manager, the client, the client's family, and
service providers in the community. Priority shall be given to
ensure that Targeted Intensive Case Management, as defined in
this Act, is available to each qualified participant as defined
within the Department's rules and program standards.
 
    Section 20. Maternal and Child Health Advisory Board.
    (a) The Maternal and Child Health Advisory Board ("the
Board") is created within the Department to advise the
Department on the implementation of this Act, including
assessments and advice regarding rate structure, and other
activities related to maternal and child health and infant
mortality reduction programs in the State of Illinois. The
Board shall consist of the Secretary of Human Services (or his
or her designee), who shall serve as chairman, and one
additional representative of the Department of Human Services
designated by the Secretary who has direct responsibility with
the family case management program; one representative each
from the Departments of Children and Family Services, Public
Health, and Public Aid; and 4 members of the Illinois General
Assembly, one each appointed by the President and Minority
Leader of the Senate and the Speaker and Minority Leader of the
House of Representatives. In addition, the Governor shall
appoint 20 additional members of the Board. Of the members
appointed by the Governor, 2 shall be physicians licensed to
practice medicine in all of its branches who currently serve
patients enrolled in the family case management program, one of
whom shall be an individual with a specialty in obstetrics and
gynecology and one of whom shall be an individual with a
specialty in pediatric medicine; 5 representatives, one each
from certified local health departments within the 5 counties
with the largest number of family case management enrollees; 5
representatives from certified local health departments
outside the Chicago metropolitan and collar counties areas that
shall include a balance of urban and rural health departments;
a registered professional nurse serving as a public health
nurse within a certified local health department; 5 individuals
representing community-based programs currently providing
family case management services within Cook County that are not
certified local health departments; and 2 consumers who are
receiving or have received family case management services.
    Legislative members shall serve during their term of office
in the Illinois General Assembly. Members appointed by the
Governor shall serve a term of 3 years or until their
successors are appointed. Any member appointed to fill a
vacancy occurring prior to the expiration of the term for which
his or her predecessor was appointed shall be appointed for the
remainder of such term. Members of the Board shall serve
without compensation but shall be reimbursed for necessary
expenses incurred in the performance of their duties.
    (b) The Board shall advise the Secretary on efforts related
to maternal and child health programs, including infant
mortality reduction, in the State of Illinois. In addition, the
Board shall review and make recommendations to the Department
and the Governor in regard to the system for maternal and child
health programs, collaboration, and interrelation between and
delivery of programs, including but not limited to Family Case
Management, Targeted Intensive Prenatal Case Management, the
Special Supplemental Nutrition Program for Women, Infants and
Children (WIC), and HealthWorks, and the adequacy of family
case management funding and reimbursement levels. In
performing its duties, the Board may hold hearings throughout
the State and advise and receive advice from any local advisory
bodies created to address the infant mortality problem.
    (c) The Board shall report to the General Assembly, on
January 1 of each year, a listing of activities taken in regard
to this Act, other efforts to address maternal and child health
and infant mortality in Illinois, and proposed recommendations
regarding funding and reimbursement levels to adequately
support the family case management program.
 
    Section 25. Rules. Within one year after the effective date
of this Act, the Department shall adopt rules to implement this
Act. In developing the rules, the Department shall consult with
the Maternal and Child Health Advisory Board.
 
    (410 ILCS 220/Act rep.)
    Section 90. The Infant Mortality Reduction Act is repealed.
 
    Section 95. The Prenatal and Newborn Care Act is amended by
changing Section 7 as follows:
 
    (410 ILCS 225/7)  (from Ch. 111 1/2, par. 7027)
    Sec. 7. Advisory board consultation. The Department shall
consult with the Maternal and Child Health Advisory Board
created under the Illinois Family Case Management Act the
Infant Mortality Reduction Advisory Board, established
pursuant to the Infant Mortality Reduction Act, as amended,
regarding the implementation of this program. In addition, the
Board shall advise the Department on the coordination of
services provided under this program with services provided
under the Illinois Family Case Management Act Infant Mortality
Reduction Act and the Problem Pregnancy Health Services and
Care Act.
(Source: P.A. 86-860.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/2/2005