Public Act 099-0901
 
SB2734 EnrolledLRB099 20471 MJP 44985 b


  
    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.