Public Act 093-0929
 		





SB2845 Enrolled
LRB093 20711 AMC 46598 b






    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.


        (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.
 
    (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.