410 ILCS 250/ Developmental Disability Prevention Act.

(410 ILCS 250/0.01) (from Ch. 111 1/2, par. 2100)

Sec. 0.01. Short title. This Act may be cited as the Developmental Disability Prevention Act.

(Source: P.A. 86-1324.)

(410 ILCS 250/1) (from Ch. 111 1/2, par. 2101)

Sec. 1. It is hereby declared to be the policy of the State of Illinois that the prevention of perinatal mortality and conditions leading to developmental disabilities and other disabilities is a high priority for attention. Efforts to reduce the incidence of perinatal risk factors by early identification and management of the high risk woman of childbearing age, fetus and newborn will not only decrease the predisposition to disability but will also prove to be a cost-effective endeavor, reducing State and private expenditures for the care and maintenance of those persons whose disability was a result of perinatal risk factors.

(Source: P.A. 99-143, eff. 7-27-15.)

(410 ILCS 250/2) (from Ch. 111 1/2, par. 2102)

Sec. 2. As used in this Act:

(a) "perinatal" means the period of time between the conception of an infant and the end of the first month of life;

(b) "congenital" means those intrauterine factors which influence the growth, development and function of the fetus;

(c) "environmental" means those extrauterine factors which influence the adaptation, well being or life of the newborn and may lead to disability;

(d) "high risk" means an increased level of risk of harm or mortality to the woman of childbearing age, fetus or newborn from congenital and/or environmental factors;

(e) "perinatal center" means a referral facility intended to care for the high risk patient before, during, or after labor and delivery and characterized by sophistication and availability of personnel, equipment, laboratory, transportation techniques, consultation and other support services;

(f) "developmental disability" means "developmental disability" as defined in Section 1-106 of the Mental Health and Developmental Disabilities Code;

(g) "disability" means a condition characterized by temporary or permanent, partial or complete impairment of physical, mental or physiological function;

(h) "Department" means the Department of Public Health.

(Source: P.A. 102-972, eff. 1-1-23.)

(410 ILCS 250/3) (from Ch. 111 1/2, par. 2103)

Sec. 3. By January 1, 1974, the Department, in conjunction with its appropriate advisory planning committee, shall develop standards for all levels of hospital perinatal care to include regional perinatal centers. Such standards shall recognize and correlate with the Hospital Licensing Act approved July 1, 1953, as amended. The standards shall assure that:

(a) facilities are equipped and prepared to stabilize infants prior to transport;

(b) coordination exists between general maternity care and perinatal centers;

(c) unexpected complications during delivery can be properly managed;

(d) all high risk pregnancies and childbirths are reviewed at each hospital or maternity center to determine if such children are born with a disabling condition or developmental disability that threatens life or development;

(e) procedures are implemented to identify and report to the Department all births of children with disabling conditions or developmental disabilities that threaten life or development;

(f) children identified as having a disabling condition or developmental disability that threatens life or development are promptly evaluated in consultation with designated regional perinatal centers and referred, when appropriate, to such centers, or to other medical specialty services, as approved by the Department and in accordance with the level of perinatal care authorized for each hospital or maternity care center for the proper management and treatment of such condition or disability;

(g) hospital or maternity centers conduct postnatal reviews of all perinatal deaths as well as reviews of the births of children born with disabling conditions or developmental disabilities that threaten life or development, utilizing criteria of case selection developed by such hospitals or maternity centers, or the appropriate medical staff committees thereof, in order to determine the appropriateness of diagnosis and treatment and the adequacy of procedures to prevent such disabilities or the loss of life;

(h) high risk mothers and their spouses are provided information, referral and counseling services to ensure informed consent to the treatment of children born with disabling conditions or developmental disabilities;

(i) parents and families are provided information, referral and counseling services to assist in obtaining habilitation, rehabilitation and special education services for children born with disabling conditions or developmental disabilities, so that such children have an opportunity to realize full potential. Such standards shall include, but not be limited to, the establishment of procedures for notification of the appropriate State and local educational service agencies regarding children who may require evaluation and assessment under such agencies;

(j) consultation when indicated is provided for and available. Perinatal centers shall provide care for the high risk expectant mother who may deliver a distressed infant or infant with a disability. Such centers shall also provide intensive care to the high risk newborn whose life or physical well-being is in jeopardy. Standards shall include the availability of: 1 trained personnel; 2 trained neonatal nursing staff; 3 x-ray and laboratory equipment available on a 24-hour basis; 4 infant monitoring equipment; 5 transportation of mothers and/or infants; 6 genetic services; 7 surgical and cardiology consultation; and 8 other support services as may be required.

The standards under this Section shall be established by rules and regulations of the Department. Such standards shall be deemed sufficient for the purposes of this Act if they require the perinatal care facilities to submit plans or enter into agreements with the Department which adequately address the requirements of paragraphs (a) through (j) above.

(Source: P.A. 99-143, eff. 7-27-15.)

(410 ILCS 250/4) (from Ch. 111 1/2, par. 2104)

Sec. 4. Standards developed by the Department shall be circulated to all hospitals in the state. Hospitals interested in being designated as perinatal centers should notify the appropriate local health planning agency and the Department of their ability and intention to meet the new standards, any additional funding which would be necessary to bring facilities up to standard, special planning problems in the hospital's referral area (transportation, shortage of facilities, personnel, etc.), and a description of perinatal care currently provided and a description of services that can be provided by the center in patient care, education, consultation to region hospitals.

(Source: P.A. 78-557.)

(410 ILCS 250/5) (from Ch. 111 1/2, par. 2105)

Sec. 5. The Department shall consult with local health planning agencies to determine local priorities in the development and location of perinatal centers. Based on all the above information, the Department shall present a plan to the General Assembly showing the designated perinatal center or centers in every region of the state; the availability of funds which would aid designated hospitals in meeting standards; and funding considerations and the need for any supplemental state funds to aid hospitals in meeting the standards and for continuing requirements, i. e., patient care, professional education, training programs, physical facilities.

(Source: P.A. 78-557.)

(410 ILCS 250/6) (from Ch. 111 1/2, par. 2106)

Sec. 6. In order to assure that emergency transportation is available to designated regional perinatal centers, the Department of Public Health, in preparing its proposal for perinatal centers, shall include an analysis of the adequacy of transport systems to determine:

a distance and time involved between referring hospitals and perinatal centers;

b types of vehicles used and the need for additional vehicles; and

c need for upgraded vehicles and transport equipment.

(Source: P.A. 78-557.)

(410 ILCS 250/7) (from Ch. 111 1/2, par. 2107)

Sec. 7. Based on such information, the Department shall develop guidelines for the infant transport component of perinatal centers.

(Source: P.A. 78-557.)

(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. 99-901, eff. 8-26-16.)

(410 ILCS 250/9) (from Ch. 111 1/2, par. 2109)

Sec. 9. By January 1, 1974, the Department of Public Health shall report to the General Assembly on upgraded standards and guidelines for all maternity care to include an inventory and recommendations for the following:

a total annual deliveries;

b appropriate personnel;

c transportation systems available;

d training capacity;

e laboratory facilities; and

f such other services as may be required to guarantee a coordinated maternity care system.

(Source: P.A. 78-557.)

(410 ILCS 250/10) (from Ch. 111 1/2, par. 2110)

Sec. 10. The effective date for the state-wide perinatal care program shall coincide with the development of care level standards and guidelines, the identification and approval of perinatal centers and the establishment of an effective infant transport system. The effective date for the state-wide perinatal program shall not be later than July 1, 1974. Appropriate mechanisms should also be developed by the Department of Public Health for (a) establishment of additional perinatal centers or extended care facilities in succeeding years, (b) continuing review of data and information related to the results of the total perinatal program and (c) a review of funding requests and their nature from perinatal centers.

(Source: P.A. 78-557.)

(410 ILCS 250/11) (from Ch. 111 1/2, par. 2111)

Sec. 11. The Department shall develop by July 1, 1974, and revise as necessary each year thereafter, criteria for the identification of mothers at risk of delivering a child whose life or development may be threatened by a disabling condition. Such criteria shall include but need not be limited to: (1) history of premature births; (2) complications in pregnancy including toxemia; (3) onset of rubella during pregnancy; (4) extreme age; and (5) incompatible blood group.

(Source: P.A. 99-143, eff. 7-27-15.)

(410 ILCS 250/11.1) (from Ch. 111 1/2, par. 2111.1)

Sec. 11.1. (a) The Auditor General shall conduct a review of the Department's and the Department of Public Aid's payment system for perinatal medical care provided to or on behalf of pregnant women and newborn children in Illinois who are eligible for such medical assistance, and report to the General Assembly by March 15, 1985.

(b) The Department and the Department of Public Aid shall respond to the recommendations made by the Auditor General with respect to the perinatal payment system. This response shall be filed with the General Assembly by June 1, 1985.

(Source: P.A. 83-1248.)

(410 ILCS 250/12) (from Ch. 111 1/2, par. 2112)

Sec. 12. The Department shall circulate the list of criteria developed under Section 11 for identifying a mother-at-risk annually to all licensed physicians, hospital administrators, and health officers in Illinois. In addition, each physician shall be notified of all those facilities in the State which are designated as regional perinatal care centers and shall be encouraged to refer cases to such centers when appropriate.

(Source: P.A. 78-557.)

(410 ILCS 250/13) (from Ch. 111 1/2, par. 2113)

Sec. 13. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department of Public Health under this Act, except that Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rule-making does not apply to the adoption of any rule required by federal law in connection with which the Department is precluded by law from exercising any discretion.

(Source: P.A. 88-45.)