| ||||
| Public Act 099-0901 | ||||
| ||||
| ||||
AN ACT concerning 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 | ||||
Advisory Board for the Maternal and Child Health Block Grant | ||||
Programs Act. | ||||
Section 5. Legislative findings and purpose. The General | ||||
Assembly finds the following: | ||||
(1) The people of Illinois continue to experience and | ||||
bear the consequences of unacceptable rates of low birth | ||||
weight, infant mortality, maternal mortality, child and | ||||
adolescent health problems, including obesity and teen | ||||
pregnancy, and disparities among racial and ethnic groups | ||||
with regard to maternal and child health. | ||||
(2) The resolution of these challenges requires an | ||||
approach that considers the health of the entire population | ||||
and directs resources to high-risk groups based on | ||||
epidemiological analysis in order to prevent disability, | ||||
disease, death, or other adverse circumstance, or what may | ||||
be termed a public health approach. | ||||
(3) The General Assembly began the transfer of maternal | ||||
and child health programs from the Department of Human | ||||
Services to the Department of Public Health through the | ||||
budget for State fiscal year 2014. | ||
Therefore, it is the purpose of the new and amendatory | ||
provisions of this Act to complete the transfer of programs and | ||
responsibility for direction of Illinois' Maternal and Child | ||
Health Block Grant to the Department of Public Health and to | ||
complete the transfer of certain statutory authority and | ||
regulations from the Department of Human Services to the | ||
Department of Public Health, which has already begun through | ||
the budget for State fiscal year 2016. | ||
Section 10. Definitions. As used in this Act:
| ||
"Board" means the Advisory Board for the Maternal and Child | ||
Health Block Grant Programs.
| ||
"Department" means the Department of Public Health.
| ||
"Director" means the Director of Public Health.
| ||
Section 15. Advisory Board for the Maternal and Child | ||
Health Block Grant Programs.
| ||
(a) The Advisory Board for the Maternal and Child Health | ||
Block Grant Programs is created within the Department to advise | ||
the Department on programs and activities related to maternal | ||
and child health in the State of Illinois. | ||
The Board shall consist of the Director's designee | ||
responsible for maternal and child health programs, who shall | ||
serve as the Chair of the Board; the Department's Title V | ||
administrator, if the Director's designee is not serving in the | ||
capacity of Title V Director at the Department; one | ||
representative each from the Department of Children and Family | ||
Services, the Department of Human Services, and the Department | ||
of Healthcare and Family Services, appointed by the Director or | ||
Secretary of each Department; the Director of the University of | ||
Illinois at Chicago's Division of Specialized Care for | ||
Children; 4 members of the 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; | ||
and 20 additional members appointed by the Director. | ||
Of the members appointed by the Director: | ||
(1) Two shall be physicians licensed to practice | ||
medicine in all of its branches who currently serve | ||
patients enrolled in maternal and child health programs | ||
funded by the State of Illinois, 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; | ||
(2) Sixteen shall be persons with expertise in one or | ||
more of the following areas, with no more than 3 persons | ||
from each listed area of expertise and with preference | ||
given to the areas of need identified by the most recent | ||
State needs assessment: the health of women, infants, young | ||
children, school-aged children, adolescents, and children | ||
with special health care needs; public health; | ||
epidemiology; behavioral health; nursing; social work; | ||
substance abuse prevention; juvenile justice; oral health; | ||
child development; chronic disease prevention; health | ||
promotion; and education; 5 of the 16 members shall | ||
represent organizations that provide maternal and child | ||
health services with funds from the Department; and | ||
(3) either 2 consumers who have received services | ||
through a Department-funded maternal and child health | ||
program, 2 representatives from advocacy groups that | ||
advocate on behalf of such consumers, or one such consumer | ||
and one such representative of an advocacy group.
| ||
Members appointed by the Director shall be selected to | ||
represent the racial, ethnic, and geographic diversity of the | ||
State's population and shall include representatives of local | ||
health departments, other direct service providers, and | ||
faculty of the University of Illinois at Chicago School of | ||
Public Health Center of Excellence in Maternal and Child | ||
Health.
| ||
Legislative members shall serve during their term of office | ||
in the General Assembly. Members appointed by the Director | ||
shall serve a term of 4 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 Director on improving the | ||
well-being of mothers, fathers, infants, children, families, | ||
and adults, considering both physical and social determinants | ||
of health, and using a life-span approach to health promotion | ||
and disease prevention 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, both within the | ||
Department and with related programs in other departments. 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 maternal and child health. | ||
(c) The Board may offer recommendations and feedback | ||
regarding the development of the State's annual Maternal and | ||
Child Health Services Block Grant application and report as | ||
well as the periodic needs assessment.
| ||
Section 90. The Department of Public Health Powers and | ||
Duties Law of the
Civil Administrative Code of Illinois is | ||
amended by adding Section 2310-450 as follows: | ||
(20 ILCS 2310/2310-450 new) | ||
Sec. 2310-450. Office for maternal and child health. | ||
(a) The Department shall be responsible for administration | ||
of the Maternal and Child Health Services Block Grant | ||
authorized by Title V of the federal Social Security Act. The | ||
Department shall be responsible for the Maternal and Child | ||
Health Block Grant and for preparation and submission of the | ||
annual application, annual report, and periodic needs | ||
assessment required for the receipt of these funds. | ||
(b) The Department shall be responsible for the | ||
administration of the Family Planning Program award to the | ||
State of Illinois from Title X of the federal Public Health | ||
Service Act (42 U.S.C. 300). | ||
(c) All of the rights, powers, duties, and functions vested | ||
by law or that otherwise pertain to the programs and services | ||
transferred to the Department by this amendatory Act of the | ||
99th General Assembly are transferred to the Department by July | ||
1, 2016. | ||
(d) The Department may adopt rules necessary to implement | ||
this Section. This Section does not affect the legality of any | ||
rules that are in force on the effective date of this Section | ||
that have been duly adopted by the Department of Human Services | ||
in its administration of the Maternal and Child Health Services | ||
Block Grant. Those rules shall transfer to the Department and | ||
continue in effect until amended or repealed, except that | ||
references to a predecessor department shall, in appropriate | ||
contexts, be deemed to refer to the successor department under | ||
this Section. Any rules proposed prior to the effective date | ||
shall also transfer to the Department. | ||
(e) The rights of State employees, the State, and its | ||
agencies under the Personnel Code and applicable collective | ||
bargaining agreements and retirement plans are not affected by | ||
this Section. | ||
(f) The Department of Central Management Services shall | ||
establish a sufficient number of full-time positions at the | ||
Department, based on input from the Department of Human | ||
Services in order to provide for effective administration of | ||
these programs. | ||
(g) All books, records, documents, and pending business | ||
pertaining to the rights, powers, duties, and functions | ||
transferred to the Department under this Section shall be | ||
transferred and delivered to the Department by July 1, 2016. | ||
(h) In the case of books, records, or documents that | ||
pertain both to a function transferred to the Department under | ||
this Section and to a function retained by a predecessor agency | ||
or office, the Director and the Secretary of Human Services | ||
shall determine whether the books, records, or documents shall | ||
be transferred, copied, or left with the predecessor agency or | ||
office; until this determination has been made, the transfer of | ||
these materials shall not take effect. | ||
(i) In the case of administrative functions performed by | ||
other units within the Department of Human Services and for the | ||
allocation of State or federal funds that benefited the | ||
programs transferred by this amendatory Act of the 99th General | ||
Assembly as well as other divisions within the Department of | ||
Human Services, the Director of Public Health and the Secretary | ||
of Human Services shall establish interagency agreements to | ||
continue these services, as well as cooperation for purposes of | ||
federal match and maintenance of effort and distribution of | ||
funds after July 1, 2016. | ||
(410 ILCS 212/20 rep.) | ||
(410 ILCS 212/25 rep.) | ||
Section 95. The Illinois Family Case Management Act is | ||
amended by repealing Sections 20 and 25. | ||
Section 100. 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 Advisory Board for the Maternal and Child | ||
Health Block Grant Programs Act Illinois Family Case Management | ||
Act 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 and the Problem
| ||
Pregnancy Health Services and Care Act.
| ||
(Source: P.A. 94-407, eff. 8-2-05.)
| ||
Section 110. The Developmental Disability Prevention Act | ||
is amended by changing Section 8 as follows:
| ||
(410 ILCS 250/8) (from Ch. 111 1/2, par. 2108)
| ||
Sec. 8.
The Department of Public Health, in cooperation | ||
with the
Department of Human Services, shall establish | ||
guidelines for the
development of areawide or local programs | ||
designed to prevent high risk
pregnancies through early | ||
identification, screening, management, and
followup of the | ||
childbearing age high risk female. Such programs shall be
based | ||
on the local assessment typically by schools, health | ||
departments,
hospitals, perinatal centers, and local medical | ||
societies of need and with
emphasis on the coordination of | ||
existing resources private and public and
in conjunction with | ||
local health planning agencies. Funding needs for
| ||
demonstration and continuing programs shall be determined by | ||
the Department
of Human Services and Department of Public | ||
Health under their respective programs and reported to the | ||
General Assembly
along with the guidelines for such programs.
| ||
(Source: P.A. 89-507, eff. 7-1-97.)
| ||
Section 999. Effective date. This Act takes effect upon | ||
becoming law.
| ||