Illinois General Assembly - Full Text of HB5193
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Full Text of HB5193  97th General Assembly


Rep. William Davis

Filed: 3/7/2012





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2    AMENDMENT NO. ______. Amend House Bill 5193, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Department of Public Health Powers and
6Duties Law of the Civil Administrative Code of Illinois is
7amended by changing Section 2310-376 as follows:
8    (20 ILCS 2310/2310-376)
9    Sec. 2310-376. Hepatitis education, and outreach, and
11    (a) The Illinois General Assembly finds and declares the
13        (1) An estimated 5,400,000 individuals in the United
14    States are infected with viral hepatitis B (HBV) and
15    hepatitis C (HCV), 75% of these individuals are unaware
16    they are infected.



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1        (2) HBV and HCV are leading causes of liver cancer and
2    liver failure and the most common reasons for liver
3    transplantation in the United States.
4        (3) Viral hepatitis is 5 times more prevalent than
5    HIV/AIDS and has led to nearly 17,000 deaths in the United
6    States in 2007 alone; more than 1,000,000 people die each
7    year due to viral hepatitis B and C-related liver disease
8    worldwide.
9        (4) Two of every 3 people with chronic hepatitis C in
10    this country are baby boomers born between 1945 and 1965
11    who were infected decades ago.
12        (5) HCV disproportionately affects minorities. African
13    Americans, who make up 14% of the population, account for
14    22% of HCV cases in the U.S. The Hispanic community also
15    bears a heavier burden; chronic HCV is more aggressive and
16    carries a higher risk of cirrhosis for Hispanics than for
17    any other ethnic group. Immigrants from mainland China and
18    Southeast Asia also have high rates of hepatitis C.
19        (6) HBV also impacts minorities disproportionately.
20    One in 10 to 12 Asian Americans in the U.S. is chronically
21    infected with HBV. Asian Americans make up nearly 50% of
22    the 1,400,000 individuals with chronic HBV infections. In
23    addition, among all racial and ethnic groups, African
24    Americans had the highest new cases of HBV in 2009.
25        (7) The costs for viral hepatitis patients are
26    projected to more than double over the next 20 years, from



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1    $30,000,000,000 to $85,000,000,000 per year.
2        (8) It is estimated that over 180,000 people in this
3    State are infected with hepatitis C.
4        (9) The percentage of African Americans (19.5%)
5    reported in Illinois with chronic hepatitis C was higher in
6    2004 than the percentage of African Americans (14.7%)
7    within Illinois' population.
8        (10) Almost one of every 3 persons infected with HIV in
9    this State is co-infected with hepatitis B or C.
10        (11) Forty-five percent of deaths occurring in the
11    co-infected population in Illinois are caused by liver
12    damage from chronic hepatitis B and C infections.
13        (1) The World Health Organization characterizes
14    hepatitis as a disease of primary concern to humanity.
15        (2) Hepatitis is considered a silent killer; no
16    recognizable signs or symptoms occur until severe liver
17    damage has occurred.
18        (3) Studies indicate that nearly 4 million Americans
19    (1.8 percent of the population) carry the virus HCV that
20    causes the disease.
21        (4) 30,000 acute new infections occur each year in the
22    United States, and only 25 to 30 percent are diagnosed.
23        (5) 8,000 to 10,000 Americans die from the disease each
24    year.
25        (6) 200,000 Illinois residents may be carriers and
26    could develop the debilitating and potentially deadly



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1    liver disease.
2        (12) (7) Inmates of correctional facilities have a
3    higher incidence of hepatitis and, upon their release,
4    present a significant health risk to the general
5    population.
6        (13) (8) Illinois members of the armed services are
7    subject to an increased risk of contracting hepatitis due
8    to their possible receipt of contaminated blood during a
9    transfusion occurring for the treatment of wounds and due
10    to their service in areas of the World where the disease is
11    more prevalent and healthcare is less capable of detecting
12    and treating the disease. Many of these service members are
13    unaware of the danger of viral hepatitis and their
14    increased risk of contracting the disease.
15    (b) Subject to appropriation, the Department shall conduct
16an education and outreach campaign, in addition to its overall
17effort to prevent infectious disease in Illinois, in order to
18raise awareness about and promote prevention of viral
20    (c) Subject to appropriation, in addition to the education
21and outreach campaign provided in subsection (b), the
22Department shall develop and make available to physicians,
23other health care providers, members of the armed services, and
24other persons subject to an increased risk of contracting
25hepatitis, educational materials, in written and electronic
26forms, on the diagnosis, treatment, and prevention of the



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1disease. These materials shall include the recommendations of
2the federal Centers for Disease Control and Prevention and
3shall reference the Centers for Disease Control and Prevention
4guidelines regarding screening any other persons or entities
5determined by the Department to have particular expertise on
6hepatitis, including the American Liver Foundation. These
7materials shall be written in terms that are understandable by
8members of the general public.
9    (d) The Department shall establish an Advisory Council on
10Viral Hepatitis to develop a hepatitis prevention plan. The
11Department shall specify the membership, members' terms,
12provisions for removal of members, chairmen, and purpose of the
13Advisory Council. The Advisory Council shall consist of one
14representative from each of the following State agencies or
15offices, appointed by the head of each agency or office:
16        (1) The Department of Public Health.
17        (2) The Department of Public Aid.
18        (3) The Department of Corrections.
19        (4) The Department of Veterans' Affairs.
20        (5) The Department on Aging.
21        (6) The Department of Human Services.
22        (7) The Department of State Police.
23        (8) The office of the State Fire Marshal.
24    The Director shall appoint representatives of
25organizations and advocates in the State of Illinois,
26including, but not limited to, the American Liver Foundation,



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1an organization focused on health advocacy for the
2Asian-American community, and an organization focused on
3promoting prison reform and advocating for the incarcerated
4population. The Director shall also appoint interested members
5of the public, including consumers and providers of health
6services and representatives of local public health agencies,
7to provide recommendations and information to the members of
8the Advisory Council. Members of the Advisory Council shall
9serve on a voluntary, unpaid basis and are not entitled to
10reimbursement for mileage or other costs they incur in
11connection with performing their duties.
12    (e) By January 1, 2013, the Department, in consultation
13with the Advisory Council, shall prepare the State Viral
14Hepatitis Plan to guide screening and immunization, referral,
15and treatment services to those infected with HBV and HCV. To
16ensure meaningful input by stakeholders into the Plan, the
17Department shall hold 2 public hearings at locations throughout
18the State. The public hearings shall include various
19stakeholders, including public health organizations, patient
20advocacy organizations, organizations representing the
21incarcerated population, as well as individuals infected with
22HBV and HCV.
23    In developing the State Viral Hepatitis Plan, the
24Department, in consultation with the Advisory Council, is
25directed to assess the current and future impact of hepatitis B
26and C on Illinois residents, including the cost of the disease



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1to public and private insurers; examine existing services and
2access to services; and assess the resources addressing the
3needs of persons with HBV and HCV.
4    The Plan shall include an examination of the following in
5its assessment and recommendations:
6        (1) Trends in the State HBV and HCV population,
7    including, but not limited to, the use of State
8    surveillance data of persons with HBV and HCV for the
9    purpose of having proper estimates of the number of persons
10    in the State infected with HBV and HCV.
11        (2) The current economic impact to public and private
12    insurers of HBV and HCV and related disorders, including
13    liver disease, and those persons co-infected with
14    HIV/AIDS. This examination shall include the cost of direct
15    and indirect care paid by Medicaid and other federal-State
16    funded programs and the impact of the federal Affordable
17    Care Act on this population.
18        (3) An assessment of the existing access landscape,
19    including existing screening and immunization programs,
20    education resources, and treatment options for
21    HBV-infected and HCV-infected persons.
22        (4) The impact of HBV and HCV on the prison population
23    in this State and efforts to screen and treat HBV-infected
24    and HCV-infected inmates prior to release.
25    No later than January 1, 2016, the State Viral Hepatitis
26Plan shall include a strategy to screen a targeted sample of



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1persons born between 1945 and 1965 for HCV, and a strategy to
2screen a targeted sample of high risk individuals for HBV.
3(Source: P.A. 93-129, eff. 1-1-04; 94-406, eff. 8-2-05.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".