Illinois General Assembly - Full Text of Public Act 095-1042
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Public Act 095-1042




Public Act 095-1042
SB2348 Enrolled LRB095 15983 DRJ 41995 b

    AN ACT concerning public aid.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-315 as follows:
    (20 ILCS 2310/2310-315)  (was 20 ILCS 2310/55.41)
    Sec. 2310-315. Prevention and treatment of AIDS. To perform
the following in relation to the prevention and treatment of
acquired immunodeficiency syndrome (AIDS):
    (1) Establish a State AIDS Control Unit within the
Department as a separate administrative subdivision, to
coordinate all State programs and services relating to the
prevention, treatment, and amelioration of AIDS.
    (2) Conduct a public information campaign for physicians,
hospitals, health facilities, public health departments, law
enforcement personnel, public employees, laboratories, and the
general public on acquired immunodeficiency syndrome (AIDS)
and promote necessary measures to reduce the incidence of AIDS
and the mortality from AIDS. This program shall include, but
not be limited to, the establishment of a statewide hotline and
a State AIDS information clearinghouse that will provide
periodic reports and releases to public officials, health
professionals, community service organizations, and the
general public regarding new developments or procedures
concerning prevention and treatment of AIDS.
    (3) (Blank).
    (4) Establish alternative blood test services that are not
operated by a blood bank, plasma center or hospital. The
Department shall prescribe by rule minimum criteria, standards
and procedures for the establishment and operation of such
services, which shall include, but not be limited to
requirements for the provision of information, counseling and
referral services that ensure appropriate counseling and
referral for persons whose blood is tested and shows evidence
of exposure to the human immunodeficiency virus (HIV) or other
identified causative agent of acquired immunodeficiency
syndrome (AIDS).
    (5) Establish regional and community service networks of
public and private service providers or health care
professionals who may be involved in AIDS research, prevention
and treatment.
    (6) Provide grants to individuals, organizations or
facilities to support the following:
        (A) Information, referral, and treatment services.
        (B) Interdisciplinary workshops for professionals
    involved in research and treatment.
        (C) Establishment and operation of a statewide
        (D) Establishment and operation of alternative testing
        (E) Research into detection, prevention, and
        (F) Supplementation of other public and private
        (G) Implementation by long-term care facilities of
    Department standards and procedures for the care and
    treatment of persons with AIDS and the development of
    adequate numbers and types of placements for those persons.
    (7) (Blank).
    (8) Accept any gift, donation, bequest, or grant of funds
from private or public agencies, including federal funds that
may be provided for AIDS control efforts.
    (9) Develop and implement, in consultation with the
Long-Term Care Facility Advisory Board, standards and
procedures for long-term care facilities that provide care and
treatment of persons with AIDS, including appropriate
infection control procedures. The Department shall work
cooperatively with organizations representing those facilities
to develop adequate numbers and types of placements for persons
with AIDS and shall advise those facilities on proper
implementation of its standards and procedures.
    (10) The Department shall create and administer a training
program for State employees who have a need for understanding
matters relating to AIDS in order to deal with or advise the
public. The training shall include information on the cause and
effects of AIDS, the means of detecting it and preventing its
transmission, the availability of related counseling and
referral, and other matters that may be appropriate. The
training may also be made available to employees of local
governments, public service agencies, and private agencies
that contract with the State; in those cases the Department may
charge a reasonable fee to recover the cost of the training.
    (11) Approve tests or testing procedures used in
determining exposure to HIV or any other identified causative
agent of AIDS.
    (12) Provide prescription drug benefits counseling for
persons with HIV or AIDS.
    (13) Continue to administer the AIDS Drug Assistance
Program that provides drugs to prolong the lives of low income
Persons with Acquired Immunodeficiency Syndrome (AIDS) or
Human Immunodeficiency Virus (HIV) infection who are not
eligible under Article V of the Illinois Public Aid Code for
Medical Assistance, as provided under Title 77, Chapter 1,
Subchapter (k), Part 692, Section 692.10 of the Illinois
Administrative Code, effective August 1, 2000, except that the
financial qualification for that program shall be that the
anticipated gross monthly income shall be at or below above
500% of the most recent Federal Poverty Guidelines published
annually by the United States Department of Health and Human
Services for the size of the household. Notwithstanding the
preceding sentence, the Department of Public Health may
determine the income eligibility standard for the AIDS Drug
Assistance Program each year and may set the standard at more
than 500% of the Federal Poverty Guidelines for the size of the
household, provided that moneys appropriated to the Department
for the program are sufficient to cover the increased cost of
implementing the higher income eligibility standard.
Rulemaking authority to implement this amendatory Act of the
95th General Assembly, if any, is conditioned on the rules
being adopted in accordance with all provisions of the Illinois
Administrative Procedure Act and all rules and procedures of
the Joint Committee on Administrative Rules; any purported rule
not so adopted, for whatever reason, is unauthorized.
    (14) In order to implement the provisions of Public Act
95-7, the Department must expand HIV testing in health care
settings where undiagnosed individuals are likely to be
identified. The Department must purchase rapid HIV kits and
make grants for technical assistance, staff to conduct HIV
testing and counseling, and related purposes. The Department
must make grants to (i) facilities serving patients that are
uninsured at high rates, (ii) facilities located in areas with
a high prevalence of HIV or AIDS, (iii) facilities that have a
high likelihood of identifying individuals who are undiagnosed
with HIV or AIDS, or (iv) any combination of items (i), (ii),
and (iii).
(Source: P.A. 94-909, eff. 6-23-06; 95-744, eff. 7-18-08.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 3/25/2009