(55 ILCS 5/5-23004) (from Ch. 34, par. 5-23004)
Sec. 5-23004.
Closure of unnecessary in-patient facility.
If
the board of directors finds that it is no longer necessary to provide an
in-patient facility to serve the residents suffering from tuberculosis, it
may recommend to the county board that the tuberculosis sanitarium
established and maintained in the county under this Division be closed.
When such a recommendation is received, the county board shall determine
what use should be made of the sanitarium facilities. If the Tuberculosis
Sanitarium Fund was used to acquire the tuberculosis sanitarium property or
to construct an addition thereto, or otherwise improve such property, the
county board may, subject to Section 5-23005, use the facilities for other
county purposes, may lease them to public or private agencies or may sell
them. If the tuberculosis sanitarium facilities are leased to a public or
private agency other than the county, or are sold, then such leasing or
sale must be for a consideration at least equal to the fair market value or
fair rental value. If the county board uses such facilities for other
county purposes, then the use shall be for a consideration acceptable to
the board of directors and the county board.
Proceeds from the use, leasing or sale of sanitarium facilities under
this Section shall be paid into the Tuberculosis Sanitarium Fund of the
county for use as provided in this Division.
If the sanitarium is under the control and management of a joint board
of directors, as provided for in Section 5-23006, the approval of each county
board of the counties involved as to the manner of disposition of the
sanitarium facilities is required and the proceeds from that disposition
shall be allocated among those counties in proportion to their share in the
costs of construction and maintenance of the facilities.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23005) (from Ch. 34, par. 5-23005)
Sec. 5-23005.
Out-patient and follow-up services upon closing of
facility. A board of directors, upon whose
recommendation the county board has closed its sanitarium as provided in
Section 5-23004, shall continue in existence and provide
out-patient clinical and follow-up services to the residents of its county
in other private or public sanitariums of this State. Any of its equipment,
facilities and other property which is required or useful in providing
those services may be retained by the board of directors and applied to
that use rather than as provided in Section 5-23004. The
proceeds paid into the Tuberculosis Sanitarium Fund under that Section
shall be used to pay the costs of providing the out-patient clinical and
follow-up services, including but not limited to the construction and
maintenance of an out-patient clinic and the acquisition of equipment
therefor. Any balance of the proceeds from the disposition of sanitarium
facilities under Section 5-23004 remaining after payment of the
costs of out-patient clinical and follow-up services under this Section may
be used to reduce the rate of tax necessary to provide this in-patient care
and the out-patient clinical and follow-up services.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23006) (from Ch. 34, par. 5-23006)
Sec. 5-23006.
Referendum; joint facilities.
When 100 legal voters of any county
shall present a petition, to the County Board of such county asking that an
annual tax may be levied for the establishment and maintenance of a county
tuberculosis sanitarium in such county, such County Board shall certify the
proposition to the proper election officials, who shall submit the
proposition at an election in accordance with the general election law. At
such election every elector may vote for or
against the levy of a tax for the establishment and maintenance of a
county tuberculosis sanitarium. The
proposition shall be in substantially the following form:
Shall an annual tax of not to exceed .075 % of the value as YES equalized or assessed by the Department of Revenue for the
establishment and maintenance of a county tuberculosis sanitarium NO be levied?
If a majority of all the votes cast upon the proposition shall be for
the levy of a tax for a county tuberculosis sanitarium the County Board
of such county shall thereafter annually levy a tax of not to exceed
.075 per cent of the value, as equalized or assessed by the Department
of Revenue, which tax shall be collected in like manner
with other general taxes in such county and shall be known as the
"Tuberculosis Sanitarium Fund", and thereafter the County Board of such
county shall in the annual appropriation bill, appropriate from such
fund such sum or sums of money as may be deemed necessary to defray all
necessary expenses and liabilities of such county tuberculosis
sanitarium.
If a county has adopted a proposition for the levy of a tax of not to
exceed one mill on the dollar for a county tuberculosis sanitarium such
tax shall after January 1, 1946 be extended at a rate not to exceed .05
per cent of the value, as equalized or assessed by the Department of
Revenue, but may be increased to not to exceed .075 per
cent of the value, as equalized or assessed by the Department of Revenue,
by ordering the submission of the proposition to increase such tax
to the voters of such county at any regular
election in accordance with the general election law; provided that
if a county has adopted, prior to January 1, 1946, a proposition for
the levy of a tax of not to exceed 1 1/2 mills on the dollar for a
county tuberculosis sanitarium, such tax shall after January 1, 1946 be
extended at a rate not to exceed .075 per cent of the value, as
equalized or assessed by the Department of Revenue.
The foregoing limitations upon tax rates, insofar as they are
applicable to counties of less than 1,000,000 population, may be
increased or decreased under the referendum provisions of the General
Revenue Law of Illinois.
The County boards of any 2 or more adjoining counties each having a
population of less than 1,000,000 inhabitants may hereafter by agreement
provide for the joint construction, maintenance and control of a
tuberculosis sanitarium. Such agreement shall specify the site of the
proposed sanitarium and the proportionate share of the cost of
construction and the cost of maintenance which shall be borne by each of
such counties. The proposition for such joint construction, maintenance
and control shall be submitted to the voters of each such county at the
next succeeding regular election in such county and shall state the
proposed site of such sanitarium and the proportionate share of the cost of
construction and maintenance to be borne by the respective counties
concerned. Each county board shall certify the proposition to the proper
election officials who shall submit the proposition at said election in
accordance with the general election law. If such proposition is approved
by a majority of the voters in each of such counties voting upon the
proposition, the presiding officer of the county board of each county, with
the advice and consent of that county board, shall appoint 3 directors. The
qualifications, terms of office and removal of the directors appointed in
each such county shall be as provided in Sections 5-23007 and 5-23008 and
vacancies shall be filled in the manner provided in Section 5-23009. The directors so appointed by the several
counties shall constitute a joint board of directors for the control and
management of the tuberculosis sanitarium. The joint board of directors
shall exercise the powers and be subject to the duties prescribed in this
Division for boards of directors of tuberculosis sanitaria. The county
board of each of the counties shall annually levy the tax herein provided,
and may issue bonds as provided in this paragraph, for the purpose of
defraying its proportionate share of the cost of construction and
maintenance of the tuberculosis sanitarium.
If any county shall issue bonds as hereinafter provided, then so long
as taxes are required to be levied and extended to pay the principal of
and interest on such bonds, the rate extended in any year for the
benefit of the tuberculosis sanitarium fund shall be limited to the
amount by which .075 per cent of the value, as equalized or assessed by
the Department of Revenue, exceeds the rate extended in
such year to pay such principal of and interest on such bonds.
(Source: P.A. 91-357, eff. 7-29-99 .)
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(55 ILCS 5/5-23007) (from Ch. 34, par. 5-23007)
Sec. 5-23007.
Appointment of board of directors.
When in any county
such a proposition, for the levy of a tax for a county tuberculosis
sanitarium has been adopted as aforesaid, the chairman or president, as the
case may be, of the county board of such county, shall, with the approval
of the county board, proceed to appoint a board of 3 directors, one at
least of whom shall be a licensed physician, and all of whom shall be
chosen with reference to their special fitness for such office. Two
additional directors chosen with reference to their special fitness for
such office may at the same time be appointed by the county chairman, with
the approval of the county board. Whenever a county tuberculosis sanitarium
has been established prior to August 2, 1965, 2 additional directors may be
appointed by the county chairman, with the approval of the county board,
within 60 days from such date.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23008) (from Ch. 34, par. 5-23008)
Sec. 5-23008.
Term of office; removal.
Where the board of directors
is to be composed of 3 directors, one of the directors shall hold office
for one year, another for 2 years and another for 3 years from the first
day of July following their appointment, but each until his successor is
appointed, and at their first regular meeting they shall cast lots for the
respective terms. Where the board of directors is to be composed of 5
directors, one of the directors shall hold office for one year, 2 for 2
years, and 2 for 3 years, from the first day of July following their
appointment, but each until his successor is appointed, and at their first
regular meeting they shall cast lots for the respective terms. Whenever
additional directors to existing boards are appointed under the provisions
of Section 5-23007, one of the additional directors shall hold office for 2
years and the other for 3 years from the first day of July following his
appointment, but each until his successor is appointed, and the additional
directors shall draw lots for their respective terms. Annually thereafter
the presiding officer of the county board, with the advice and consent of
the county board, shall, before the first day of July of each year, appoint
as before one director, to take the place of the retiring director, who
shall hold office for 3 years and until his successor is appointed. The
chairman or president, as the case may be, of the county board may, by and
with the consent of the county board, remove any director for misconduct or
neglect of duty.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23009) (from Ch. 34, par. 5-23009)
Sec. 5-23009.
Vacancies; compensation.
Vacancies in the board of
directors, occasioned by removal, resignation, or otherwise, shall be
reported to the county board, and be filled in like manner as original
appointments; and no director shall receive compensation as such, or be
interested, either directly or indirectly, in the purchase or sale of any
supplies for said sanitarium.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23010) (from Ch. 34, par. 5-23010)
Sec. 5-23010.
Organization of board; powers.
Said
directors shall, immediately after appointment, meet and
organize, by the election of one of their number as president and one as
secretary, and by the election of such other officers as they may deem
necessary. They shall make and adopt such by-laws, rules, and regulations,
for their own guidance and for the government of the sanitarium and the
branches, dispensaries, and auxiliary institutions and activities connected
therewith, as may be expedient, not inconsistent with this Division. They shall
have the exclusive control of the expenditure of all moneys collected to
the credit of the tuberculosis sanitarium fund, and of the construction of
any sanitarium building, or other buildings necessary for its branches,
dispensaries, or other auxiliary institutions or activities in connection
with said institution, and of the supervision, care and custody of the
grounds, rooms or buildings constructed, leased, or set apart for that
purpose: Provided, that all moneys received for such sanitarium with the
exception of moneys the title to which rests in the board of directors in
accordance with Section 5-23017, shall be deposited in the
treasury of said county to the credit of the tuberculosis sanitarium fund,
and shall not be used for any other purpose, and shall be drawn upon by the
proper officers of said county upon the properly authenticated vouchers of
said board of directors. Said board of directors shall have the power to
purchase or lease ground within the limits of such county, and to occupy,
lease or erect an appropriate building or buildings for the use of said
sanitarium, branches, dispensaries and other auxiliary institutions and
activities connected therewith, by and with the approval of the county
board: Provided, however, that no such building shall be constructed until
detailed plans therefor shall have been submitted to the secretary of the
State Board of Health, and shall have been approved by him: And, provided,
further, that no building in which tuberculosis patients are to be housed
shall be built on the grounds of a county poor farm, but shall have
separate and distinct grounds of its own. Said board of directors shall
have the power to appoint suitable superintendents or matrons, or both, and
all necessary assistants, and to fix their compensation, and shall also
have the power to remove such appointees, and shall in general carry out
the spirit and intent of this Division in establishing and
maintaining a county
tuberculosis sanitarium: Provided: that no sanitarium or branch, or
dispensary, or auxiliary institution, or activity, under this Division,
for tuberculosis patients shall be under the same management as a
county poor farm, or infirmary, but shall, on the contrary, be under a
management separate and distinct in every particular. One or more of said
directors shall visit and examine said sanitarium, and all branches,
dispensaries, auxiliary institutions, and activities at least twice in each
month, and shall make monthly reports of the condition thereof to the
county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23011) (from Ch. 34, par. 5-23011)
Sec. 5-23011.
Additional powers; severability.
Said board of directors shall also have power to adapt and equip
a sanitarium building or buildings or part thereof to fit the same for the
accommodation, reception, detention, care and treatment of persons
afflicted with tuberculosis and who require care and treatment therefor who
may be committed to, placed in or directed to be received by, said
sanitarium or the managing officer thereof for care and treatment by or
under any lawful authority or process; and said board of directors may
receive, detain, care for and treat such afflicted persons in the
sanitarium or any sanitarium building in pursuance of and subject to such
authority or process, but in no event after a cure has been effected. Said
board of directors may authorize the managing officer, superintendents,
assistants and other employees and appointees to do such things as may be
necessary or helpful in receiving, detaining and providing care and
treatment for such persons. However, no such persons afflicted with
tuberculosis shall be received, given care and treatment, or kept in the
sanitarium or any of the sanitarium buildings if there shall be any
inhabitants of the county afflicted with tuberculosis in need of care and
treatment in said sanitarium. Any commitment, placing or direction to be
received, above set forth, shall be in accordance with due process of law.
The invalidity of any part of this Section shall not affect or impair
the validity of the remainder of the section or of the remainder of this
Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23012) (from Ch. 34, par. 5-23012)
Sec. 5-23012.
Liability insurance.
The board of
directors may insure against any loss or liability
of the county, or of the tuberculosis sanitarium, or the branches,
dispensaries or auxiliary institutions of such sanitarium, or of any
employee, agent or officer of such sanitarium, resulting from the wrongful
or negligent act of such employee, agent or officer in
the discharge of his duties within the scope of his employment.
Such insurance shall be carried in a company licensed to write such
coverage in this State. Every policy of such insurance shall provide, or be
endorsed to provide, that the company issuing such policy waives any right
to refuse payment or to deny liability thereunder by reason of the
non-liability of the insured county, tuberculosis sanitarium or the
branches, dispensaries or other auxiliary institutions of such sanitarium
for the wrongful or negligent acts of its employees, agents and officers.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23013) (from Ch. 34, par. 5-23013)
Sec. 5-23013.
Services; regulations.
Every sanitarium board established
under this Division shall provide sanitarium care and clinical and follow-up
services for the benefit of such of the inhabitants of the county who may be
afflicted with tuberculosis. Those inhabitants shall be entitled to occupancy,
nursing, care, medicines and attendance, according to the rules and regulations
prescribed by the board of directors. The board of directors may adopt
reasonable rules and regulations requiring payment for services by persons with
private health insurance and persons entitled to medical assistance under the
Illinois Public Aid Code. The board of directors may adopt reasonable rules
and regulations concerning the use of the facilities established pursuant to
this Division in order to render the use of these facilities of the greatest
benefit to the greatest number, and the board of directors may exclude from the
use of the sanitarium any and all persons who willfully violate the board's
rules or regulations. The board may not, however, prescribe rules and
regulations which conflict with Section 5-23014 of this Division, and a
determination of whether a person is an inhabitant or resident of the county
for purposes of this Division shall be based on Section 5-23014. Except as
authorized and permitted by Section 5-23011 no person afflicted with
tuberculosis may be compelled to enter a sanitarium, or any of its branches,
dispensaries, or other auxiliary institutions without his consent in writing
first having been obtained, or, in case of a minor or one under a disability,
the consent in writing of the parent or the parents, guardian or conservator,
as the case may be. The board of directors shall upon request or by consent of
the persons afflicted, or of his or her parent or guardian extend the benefits
and privileges of the institution, under proper rules and regulations, into the
homes of persons afflicted with tuberculosis, shall furnish nurses,
instruction, medicines, attendance, and all other aid necessary to effect a
cure, and shall do all things in and about the treatment and care of persons so
afflicted, which will have a tendency to effect a cure of the person or persons
afflicted with tuberculosis and to eradicate tuberculosis in the county
including the discovery of undiagnosed tuberculosis in the county. Boards of
directors shall provide out-patient clinical and follow-up services to
tuberculosis patients, in accordance with minimum standards prescribed
therefor, by the director of the Department of Public Health. The board of
directors may make such arrangements and agreements with public or private
health agencies for cooperation and assistance in providing case-finding
services and out-patient clinical and follow-up services as it considers
necessary or desirable. The board of directors may extend the privileges and
use of the sanitarium and treatment to persons so afflicted, residing outside
of the county, upon such terms and conditions as the board of directors may
from time to time by its rules and regulations prescribe consistent with
Section 5-23014.
Boards of directors may use funds secured from taxes levied under
Sections 1 and 2 in providing sanitarium care of tuberculosis patients in
private or public sanitariums. No county that has voted for the
establishment and maintenance of a county tuberculosis sanitarium is
prevented from using funds acquired by levy of annual tax for such purpose
for the care of tuberculosis patients in private or public sanitariums by
reason of Sections 5-23029 and 5-23030 or Sections 5-23039 and 5-23040
authorizing levy of an annual tax for the care and treatment of persons
afflicted with tuberculosis; but if a vote under Sections 5-23029 and
5-23030 or Sections 5-23039 and 5-23040 authorizes the levy of an annual
tax for the care and treatment of persons afflicted with tuberculosis, then
the levy of an annual tax for the establishment and maintenance of a county
tuberculosis sanitarium under Sections 5-23001 and 5-23006 shall be
discontinued without submission of the question of discontinuing the levy
of a tax under Sections 5-23001 and 5-23006 to a vote of the electors.
(Source: P.A. 88-434.)
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(55 ILCS 5/5-23014) (from Ch. 34, par. 5-23014)
Sec. 5-23014.
Residence requirements.
For the
purposes of this Division, a person is a resident of and entitled to
receive the benefits provided for in Section 5-23013 from the county:
(a) in which he has resided for at least 3 months or | ||
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(b) in which he has resided for at least 6 months | ||
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(c) in which he has resided for at least 6 months | ||
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The board of directors may provide hospitalization to any person
afflicted with tuberculosis regardless of his residence.
A person suffering from tuberculosis who does not meet the residency
requirements under paragraph (a), (b) or (c) of this Section may be
hospitalized in a tuberculosis sanitarium maintained by the Department of
Public Health.
The board of directors shall provide out-patient diagnostic, treatment
and observation services to all persons residing in its county regardless
of the length of time of that residence.
(Source: P.A. 91-357, eff. 7-29-99.)
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(55 ILCS 5/5-23015) (from Ch. 34, par. 5-23015)
Sec. 5-23015.
Person afflicted with tuberculosis defined.
"Person
afflicted with tuberculosis", for the purposes of this Division, means any
individual who is diagnosed as suffering from clinical tuberculosis or any
individual who, in the opinion of the board of directors, is suspected of
suffering from clinical tuberculosis and for whom hospitalization is deemed
necessary to establish the diagnosis.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23016) (from Ch. 34, par. 5-23016)
Sec. 5-23016.
Donations of money or property.
Said board of
directors, in the name of the county, may receive
from any person any contribution or donation of money or property, and
shall pay over to the treasurer of such county all moneys thus received, as
often as once in each month, and shall take the receipt of such treasurer
therefor; and shall also at each regular meeting of the county board,
report to such county board the names of all persons from whom any such
contribution or donation has been received, since the date of the last
report, and the amount and nature of the property so received from each,
and the date when the same was received. The board of directors shall
make, on or before the second Monday in June of each year, an annual report
to the county board, stating the condition of their trust on the first day
of June of that year, the various sums of money received from the
tuberculosis sanitarium fund and from other sources, and how such moneys
have been expended and for what purpose, the number of patients, and such
other statistics, information and suggestions as they may deem of general
interest.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23017) (from Ch. 34, par. 5-23017)
Sec. 5-23017.
Trustee of donations.
Any person desiring to
make any donation or legacy of any money, personal property, or real
estate, for the benefit of such sanitarium, shall have the right to vest
the title to the money, personal property or real estate so donated, in the
board of directors created under this Division, to be held and controlled
by such board of directors, when accepted, according to the terms of the
deed, gift or legacy of such property, and as to such property, the said
board of directors shall be held and considered to be special
trustees.
(Source: P.A. 86-962.)
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