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20 ILCS 2310/2310-315
(20 ILCS 2310/2310-315)
(was 20 ILCS 2310/55.41)
Prevention and treatment of AIDS.
To perform the
following in relation to the prevention and
treatment of acquired immunodeficiency syndrome (AIDS):
(1) Establish a State AIDS Control Unit within the Department as
separate administrative subdivision, to coordinate all State
programs and services relating to the prevention, treatment, and
amelioration of AIDS.
(2) Conduct a public information campaign for physicians,
hospitals, health facilities, public health departments, law enforcement
personnel, public employees, laboratories, and the general public on
acquired immunodeficiency syndrome (AIDS) and promote necessary measures
to reduce the incidence of AIDS and the mortality from AIDS. This program
shall include, but not be limited to, the establishment of a statewide
hotline and a State AIDS information clearinghouse that will provide
periodic reports and releases to public officials, health professionals,
community service organizations, and the general public regarding new
developments or procedures concerning prevention and treatment of AIDS.
(4) Establish alternative blood test services that are not
operated by a blood bank, plasma center or hospital. The
Department shall prescribe by rule minimum criteria, standards and
procedures for the establishment and operation of such services, which shall
include, but not be limited to requirements for the provision of
information, counseling and referral services that ensure appropriate
counseling and referral for persons whose blood is tested and shows evidence of
exposure to the human immunodeficiency virus (HIV) or other
identified causative agent of acquired immunodeficiency syndrome (AIDS).
(5) Establish regional and community service networks of public
private service providers or health care professionals who may be involved
in AIDS research, prevention and treatment.
(6) Provide grants to individuals, organizations or facilities
(A) Information, referral, and treatment
(B) Interdisciplinary workshops for professionals
involved in research and treatment.
(C) Establishment and operation of a statewide
(D) Establishment and operation of alternative
(E) Research into detection, prevention, and
(F) Supplementation of other public and private
(G) Implementation by long-term care facilities of
Department standards and procedures for the care and treatment of persons with AIDS and the development of adequate numbers and types of placements for those persons.
(8) Accept any gift, donation, bequest, or grant of funds
from private or
public agencies, including federal funds that may be provided for AIDS control
(9) Develop and implement, in consultation with the Long-Term
Facility Advisory Board, standards and procedures for long-term care
facilities that provide care and treatment of persons with AIDS, including
appropriate infection control procedures. The Department shall work
cooperatively with organizations representing those facilities to
adequate numbers and types of placements for persons with AIDS and shall
advise those facilities on proper implementation of its standards
(10) The Department shall create and administer a training
for State employees who have a need for understanding matters relating to
AIDS in order to deal with or advise the public. The training
include information on the cause and effects of AIDS, the means of
detecting it and preventing its transmission, the availability of related
counseling and referral, and other matters that may be
The training may also be made available to employees of local
public service agencies, and private agencies that contract
with the State;
in those cases the Department may charge a reasonable fee to
cost of the training.
(11) Approve tests or testing procedures used in determining
exposure to HIV or any other identified causative agent of AIDS.
(12) Provide prescription drug benefits counseling for persons with HIV or AIDS.
(13) Continue to administer the AIDS Drug Assistance Program that provides drugs to prolong the lives of low income Persons with Acquired Immunodeficiency Syndrome (AIDS) or Human Immunodeficiency Virus (HIV) infection who are not eligible under Article V of the Illinois Public Aid Code for Medical Assistance, as provided under Title 77, Chapter 1, Subchapter (k), Part 692, Section 692.10 of the Illinois Administrative Code, effective August 1, 2000, except that the financial qualification for that program shall be that the anticipated gross monthly income shall be at or below 500% of the most recent Federal Poverty Guidelines published annually by the United States Department of Health and Human Services for the size of the household. Notwithstanding the preceding sentence, the Department of Public Health may determine the income eligibility standard for the AIDS Drug Assistance Program each year and may set the standard at more than 500% of the Federal Poverty Guidelines for the size of the household, provided that moneys appropriated to the Department for the program are sufficient to cover the increased cost of implementing the higher income eligibility standard. Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. If the Department reduces the financial qualification for new applicants while allowing currently enrolled individuals to remain on the program, the Department shall maintain a waiting list of applicants who would otherwise be eligible except that they do not meet the financial qualifications. Upon determination that program finances are adequate, the Department shall permit qualified individuals who are on the waiting list to enroll in the program.
(14) In order to implement the provisions of Public Act 95-7, the Department must expand HIV testing in health care settings where undiagnosed individuals are likely to be identified. The Department must purchase rapid HIV kits and make grants for technical assistance, staff to conduct HIV testing and counseling, and related purposes. The Department must make grants to (i) facilities serving patients that are uninsured at high rates, (ii) facilities located in areas with a high prevalence of HIV or AIDS, (iii) facilities that have a high likelihood of identifying individuals who are undiagnosed with HIV or AIDS, or (iv) any combination of items (i), (ii), and (iii).
(Source: P.A. 97-74, eff. 6-30-11.)