Full Text of HB5370 93rd General Assembly
HB5370ham001 93RD GENERAL ASSEMBLY
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Rep. Kathleen A. Ryg
Filed: 3/31/2004
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| AMENDMENT TO HOUSE BILL 5370
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| AMENDMENT NO. ______. Amend House Bill 5370 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The State Finance Act is amended by changing
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| Sections 6z-50 as follows:
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| (30 ILCS 105/6z-50)
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| Sec. 6z-50. Brain Injury and Spinal Cord Injury Trust Fund. | 8 |
| The
Brain Injury and Spinal Cord Injury Trust Fund is created | 9 |
| as a special fund
in the State treasury. Subject to | 10 |
| appropriations, the Department of Human
Services shall use | 11 |
| moneys in the Fund to fund community-based rehabilitation
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| services programs in accordance with priorities and criteria | 13 |
| established by
the Brain and
Advisory Council on Spinal Cord | 14 |
| Injury Advisory
Council
and Head Injuries .
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| (Source: P.A. 91-737, eff. 6-2-00.)
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| Section 10. The Head and Spinal Cord Injury Act is amended | 17 |
| by changing
Sections 0.01, 1, 2, 3, and 6 as follows:
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| (410 ILCS 515/0.01) (from Ch. 111 1/2, par. 7850)
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| Sec. 0.01. Short title. This Act may be cited as the
Brain
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| Head and Spinal Cord Injury Act.
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| (Source: P.A. 86-1324.)
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| (410 ILCS 515/1) (from Ch. 111 1/2, par. 7851)
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| Sec. 1. As used in this Act, unless the context clearly | 3 |
| indicates otherwise:
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| (a) "Department" means the Department of Public Health.
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| (b) " Brain
Head injury" means a sudden insult or damage to | 6 |
| the brain
or its coverings, not of a degenerative nature, which | 7 |
| produces an altered state
of consciousness or temporarily or | 8 |
| permanently impairs mental, cognitive,
behavioral or physical | 9 |
| functioning. This includes cerebral vascular
accidents and ,
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| aneurisms .
and Congenital deficits are excluded
from this | 11 |
| definition.
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| (c) "Spinal cord injury" means an injury that occurs as a | 13 |
| result of
trauma, which involves spinal vertebral fracture, or | 14 |
| where the injured
person suffers any of the following effects:
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| (1) effects on the sensory system including numbness, | 16 |
| tingling or loss
of sensation in the body or in one or more | 17 |
| extremities;
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| (2) effects on the motor system including weakness or | 19 |
| paralysis in one
or more extremities;
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| (3) effects on the visceral system including bowel or | 21 |
| bladder
dysfunction or hypotension.
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| (d) "Council" means the Brain and
Advisory Council on
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| Spinal Cord
Injury Advisory Council
and Head Injuries .
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| (Source: P.A. 86-510.)
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| (410 ILCS 515/2) (from Ch. 111 1/2, par. 7852)
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| Sec. 2. Information; reports.
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| (a) The Department shall establish and maintain an | 28 |
| information registry and
reporting system for the purpose of | 29 |
| data collection and needs assessment of
persons with brain
head
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| and spinal cord injuries
injured
persons in this State.
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| (b) Reports of brain
head and spinal cord injuries shall | 32 |
| be filed
with the Department by a hospital administrator or his | 33 |
| designee on a quarterly
basis.
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| (c) Reporting forms and the manner in which the | 2 |
| information is to be
reported shall be provided by the | 3 |
| Department. Such reports shall include,
but shall not be | 4 |
| limited to, the following information: name, age, and
residence | 5 |
| of the injured person, the date and cause of the injury, the
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| initial diagnosis and such other information as may be required | 7 |
| by the
Department.
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| (Source: P.A. 86-510; 87-691.)
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| (410 ILCS 515/3) (from Ch. 111 1/2, par. 7853)
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| Sec. 3. (a) All reports and records made pursuant to this | 11 |
| Act and
maintained by the Department and other appropriate | 12 |
| persons, officials and
institutions pursuant to this Act shall | 13 |
| be confidential. Information shall
not be made available to any | 14 |
| individual or institution except to:
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| (1) appropriate staff of the Department;
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| (2) any person engaged in a bona fide research project, | 17 |
| with the
permission of the Director of Public Health, except | 18 |
| that no information
identifying the subjects of the reports or | 19 |
| the reporters shall be made
available to researchers unless the | 20 |
| Department requests and receives
consent for such release | 21 |
| pursuant to the provisions of this Section; and
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| (3) the Council, except that no information identifying | 23 |
| the subjects of
the reports or the reporters shall be made | 24 |
| available to the Council unless
consent for release is | 25 |
| requested and received pursuant to the provisions of
this | 26 |
| Section. Only information pertaining to brain
head and spinal
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| cord injuries as defined in Section 1 of this Act shall be | 28 |
| released to the
Council.
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| (b) The Department shall not reveal the identity of a | 30 |
| patient,
physician or hospital, except that the identity of the | 31 |
| patient
may be released upon written consent of the patient, | 32 |
| parent or guardian,
the identity of the physician may be | 33 |
| released upon written consent of the
physician, and the |
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| identity of the hospital may be released upon written
consent | 2 |
| of the hospital.
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| (c) The Department shall request consent for release from | 4 |
| a patient, a
physician or hospital only upon a showing by the | 5 |
| applicant for
such release that obtaining the identities of | 6 |
| certain patients, physicians
or hospitals is necessary for his | 7 |
| bonafide research directly related to the
objectives of this | 8 |
| Act.
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| (d) The Department shall at least annually compile a | 10 |
| report of the data
accumulated through the reporting system | 11 |
| established under Section 2 of
this Act and shall submit such | 12 |
| data relating to spinal cord injuries and
brain
head injuries | 13 |
| in accordance with confidentiality restrictions
established | 14 |
| pursuant to this Act to the Council.
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| (Source: P.A. 86-510.)
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| (410 ILCS 515/6) (from Ch. 111 1/2, par. 7856)
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| Sec. 6. Advisory Council.
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| (a) There is hereby created the Brain and
Advisory Council | 19 |
| on Spinal
Cord Injury Advisory Council
and Head Injuries within | 20 |
| the Department of
Human Services.
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| Until July 1, 2004 or when all of the new members to be | 22 |
| initially
appointed under this amendatory Act of the 93rd | 23 |
| General Assembly have been
appointed by the Governor, whichever | 24 |
| occurs later,
the Council shall consist of 29 members, | 25 |
| appointed
by the Governor with the advice and consent of the | 26 |
| Senate.
Members shall serve 3-year terms and until their | 27 |
| successors are
appointed by the Governor with the advice and | 28 |
| consent of the Senate.
The members appointed by the Governor
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| shall include 2 neurosurgeons, 2 orthopedic surgeons, 2 | 30 |
| rehabilitation
specialists, one of whom shall be a registered | 31 |
| nurse, 4 persons with
head injuries or family members of | 32 |
| persons with head injuries, 4 persons
with spinal cord injuries | 33 |
| or family members of persons with spinal cord
injuries, a |
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| representative of an Illinois college or university, and a
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| representative from health institutions or private industry. | 3 |
| These members
shall not serve more than 2 consecutive 3-year | 4 |
| terms. The Governor shall
appoint one individual from each of | 5 |
| the following entities to the Council as
ex-officio members: | 6 |
| the unit of the Department of Human Services that is
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| responsible for the administration of the vocational | 8 |
| rehabilitation program,
another unit within the Department of | 9 |
| Human Services that provides services for
individuals with | 10 |
| disabilities, the State Board of Education, the Department of
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| Public Health, the Department of Insurance, the Department of | 12 |
| Public Aid, the
Division of Specialized Care for Children of | 13 |
| the University of Illinois, the
Statewide Independent Living | 14 |
| Council, and the State Rehabilitation Advisory
Council. | 15 |
| Ex-officio members are not subject to limit of 2 consecutive | 16 |
| 3-year
terms. The appointment of individuals representing | 17 |
| State agencies shall be
conditioned on their continued | 18 |
| employment with their respective agencies.
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| The term of each appointed member of the Council
who is in | 20 |
| office on June 30, 2004 shall terminate at the close of | 21 |
| business
on that date or when all of the new members to be | 22 |
| initially appointed under
this amendatory Act of the 93rd | 23 |
| General Assembly have been appointed by the
Governor, whichever | 24 |
| occurs later.
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| (a-5) Beginning on July 1, 2004 or when all of the new | 26 |
| members to
be initially appointed under this amendatory Act of | 27 |
| the 93rd General
Assembly have been appointed by the Governor, | 28 |
| whichever occurs later,
the Council shall consist of 12 | 29 |
| individual members and 3 agency members
appointed by the | 30 |
| Governor with the advice and consent of the Senate.
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| The individual members appointed by the Governor shall | 32 |
| consist of
2 physicians, one of whom specializes in the care | 33 |
| and rehabilitation of
persons with brain injury and one of whom | 34 |
| specializes in the care and
rehabilitation of persons with |
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| spinal cord injury;
2 rehabilitation therapists, one of whom | 2 |
| specializes in the care and
rehabilitation of persons with | 3 |
| brain injury and one of whom specializes
in the care and | 4 |
| rehabilitation of persons with spinal cord injury;
one | 5 |
| certified rehabilitation registered nurse (CRRN);
2 persons | 6 |
| with brain injury or family members of persons with brain | 7 |
| injury;
2 persons with spinal cord injury or family members of | 8 |
| persons with spinal
cord injury; and one person affiliated with | 9 |
| a health care institution; one advocate representing brain | 10 |
| injuries from Illinois; and one advocate representing spinal | 11 |
| cord injuries from Illinois.
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| The agency members appointed by the Governor shall consist | 13 |
| of one
representative of each of the following agencies:
the | 14 |
| unit within the Department of Human Services that provides
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| services for individuals with disabilities; the State Board of | 16 |
| Education; and
the Division of Specialized Care for Children of | 17 |
| the University of Illinois.
The appointments of agency members | 18 |
| shall be conditioned on their continued
employment with their | 19 |
| respective agencies.
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| Of the members initially appointed pursuant to this | 21 |
| amendatory Act of the
93rd General Assembly, 5 shall be | 22 |
| appointed for terms of one year, 5 shall be
appointed for terms | 23 |
| of 2 years, and 5 shall be appointed for terms of 3 years,
and | 24 |
| until their successors have been appointed and qualified. | 25 |
| Thereafter,
members shall be appointed for 3-year terms and | 26 |
| until their successors have
been appointed and qualified.
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| (b) From funds appropriated for such purpose, the | 28 |
| Department of Human
Services shall provide to the Council the | 29 |
| necessary staff and expenses
to carry out the duties and | 30 |
| responsibilities assigned by the Council.
Such staff shall | 31 |
| consist of a director and other support staff.
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| (c) Meetings shall be held at least every 90 days or at | 33 |
| the call of the
Council chairman, who shall be appointed by the | 34 |
| Governor from among the
members of
elected by the Council.
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| (d) Each member shall be reimbursed for reasonable and | 2 |
| necessary
expenses actually incurred in the performance of his | 3 |
| official duties.
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| (e) The Council shall adopt written procedures to govern | 5 |
| its activities.
Consultants shall be provided for the Council | 6 |
| from appropriations made for
such purpose.
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| (f) The Council shall make recommendations to the | 8 |
| Governor for
developing and administering a State plan to | 9 |
| provide services for persons
with brain injury and persons with
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| spinal cord injury
and head injured
persons .
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| (g) No member of the Council may participate in or seek to | 12 |
| influence a
decision or vote of the Council if the member would | 13 |
| be directly involved
with the matter or if he would derive | 14 |
| income from it. A violation of this
prohibition shall be | 15 |
| grounds for a person to be removed as
a member of the Council | 16 |
| by the Governor.
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| (h) The Council shall:
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| (1) promote meetings and programs for the discussion | 19 |
| of reducing the
debilitating effects of brain injuries and
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| spinal cord and head
injuries and disseminate information | 21 |
| in cooperation with any other department,
agency or entity | 22 |
| on the prevention, evaluation, care, treatment and
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| rehabilitation of persons affected by brain injuries and
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| spinal cord
and head injuries;
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| (2) study and review current prevention, evaluation, | 26 |
| care, treatment
and rehabilitation technologies and | 27 |
| recommend appropriate preparation,
training, retraining | 28 |
| and distribution of manpower and resources in the
provision | 29 |
| of services to persons with brain injury and spinal cord
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| injury
and head injured persons through private and public | 31 |
| residential
facilities, day programs and other specialized | 32 |
| services;
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| (3) recommend specific methods, means and procedures | 34 |
| which should be
adopted to improve and upgrade the State's |
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| service delivery system for
persons with brain injury and | 2 |
| persons with spinal cord injury in
and head injured | 3 |
| citizens of this State;
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| (4) participate in developing and disseminating | 5 |
| criteria and standards
which may be required for future | 6 |
| funding or licensing of facilities, day
programs and other | 7 |
| specialized services for persons with brain injury and
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| persons with spinal cord injury
and head injured persons in | 9 |
| this
State;
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| (5) report annually to the Governor and the General | 11 |
| Assembly on its
activities, and on the results of its | 12 |
| studies and the recommendations
of the Council; and
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| (6) be the advisory board for purposes of federal | 14 |
| programs regarding
traumatic brain injury.
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| (i) The Department of Human Services may accept on behalf | 16 |
| of
the Council federal funds, gifts and donations from | 17 |
| individuals, private
organizations and foundations, and any | 18 |
| other funds that may become available.
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| (Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)".
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