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Illinois Compiled Statutes
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COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/Div. 5-20
(55 ILCS 5/Div. 5-20 heading)
Division 5-20.
Board of Health
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55 ILCS 5/5-20001
(55 ILCS 5/5-20001) (from Ch. 34, par. 5-20001)
Sec. 5-20001.
Powers and duties of board of health.
The board
of county commissioners in counties not under township
organization, and the supervisor, assessor and town clerk of every town in
counties under township organization, shall constitute a board of health,
and on the breaking out of any dangerously communicable diseases in their
county or town, or in the immediate vicinity thereof, it may make and
enforce such rules and regulations tending to check the spread of the
disease within the limits of the county or town as may be necessary; and
for this purpose the board may quarantine any house or houses or place where
any infected person may be, and cause notices of warning to be put thereon,
and require the disinfection of the house or place: Provided, that nothing
in this Division shall apply to any territory lying within the corporate
limits of any city or village: Provided, further, that in case the board of
health in any county not under township organization, or of any township in
counties under township organization fails, refuses or neglects to promptly
take the necessary measures to preserve the public health, or in case any
such board of health refuses or neglects to carry out the rules and
regulations of the Department of Public Health, that thereupon the
Department of Public Health may discharge such duties and collect from the
county or township, as the case may be, the reasonable costs, charges and
expenses incurred thereby.
No board of health constituted under this Division shall
function in any county during the period that Division 5-25 is in force
in that county.
(Source: P.A. 86-962.)
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55 ILCS 5/5-20002
(55 ILCS 5/5-20002) (from Ch. 34, par. 5-20002)
Sec. 5-20002.
Additional powers.
The boards of health shall
have the following powers:
First--To do all acts, make all regulations which may be necessary or
expedient for the promotion of health or the suppression of disease.
Second--To appoint physicians as health officers and prescribe their
duties.
Third--To incur the expenses necessary for the performance of the duties
and powers enjoined upon the board.
Fourth--To provide gratuitous vaccination and disinfection.
Fifth--To require reports of dangerously communicable diseases.
No board of health constituted under this Division shall
function in any county during the period that Division 5-25 is in force
in that county.
(Source: P.A. 86-962.)
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55 ILCS 5/5-20003
(55 ILCS 5/5-20003) (from Ch. 34, par. 5-20003)
Sec. 5-20003.
Violations.
Any person who shall violate or refuse to
obey, any rule or regulation of the said board of health, shall be guilty
of a Class B misdemeanor.
All fines collected under the provisions of this Division
shall be paid into the county treasury of the county in which the suit is
brought, to be used for county purposes, and it shall be the duty of the
State's Attorney in the respective counties to prosecute all persons
violating, or refusing to obey, the rules of said local boards of health.
(Source: P.A. 86-962.)
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55 ILCS 5/5-20004
(55 ILCS 5/5-20004) (from Ch. 34, par. 5-20004)
Sec. 5-20004.
Record.
The clerk of the board of county
commissioners, or the town clerk, as the case may be, shall keep a full
record of all the doings of said board and report the same to the annual
meeting of such board of county commissioners, or town board.
(Source: P.A. 86-962.)
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55 ILCS 5/5-20005
(55 ILCS 5/5-20005) (from Ch. 34, par. 5-20005)
Sec. 5-20005.
Compensation.
Except as hereinafter provided, the
members of such boards of health shall be allowed for the time spent in the
performance of their duties, each the sum of $1.50 per day, which together
with all bills by them contracted and all sums of money by them expended,
shall be audited and paid in the same manner as other county and town
expenses. Members of boards of county commissioners elected after July 1,
1965, shall receive no per diem, for serving as a member of a board of health.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-21
(55 ILCS 5/Div. 5-21 heading)
Division 5-21.
County Homes
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55 ILCS 5/5-21001
(55 ILCS 5/5-21001) (from Ch. 34, par. 5-21001)
Sec. 5-21001. Establishment and maintenance of county home. In any county
which establishes and maintains a county sheltered care home or a county
nursing home for the care of infirm or chronically ill persons, as provided
in Section 5-1005, the County Board shall have power:
1. To acquire in the name of the county by purchase, grant, gift, or
legacy, a suitable tract or tracts of land upon which to erect and
maintain the home, and in connection therewith a farm or acreage for the
purpose of providing supplies for the home and employment for such
patients as are able to work and benefit thereby.
The board shall expend not more than $20,000 for the purchase of any
such land or the erection of buildings without a 2/3 vote of all its
members in counties of 300,000 or more population, or a favorable
vote of at least a majority of all its members in counties under 300,000
population.
2. To receive in the name of the county, gifts and
legacies to aid in the erection or maintenance of the home.
3. To appoint a superintendent and all necessary employees for the
management and control of the home and to prescribe their compensation
and duties.
4. To arrange for physicians' or other health care professionals' services and other medical care for
the patients in the home and prescribe the compensation and duties of
physicians so designated.
5. To control the admission and discharge of patients in the home.
6. To fix the rate per day, week, or month which it will charge for
care and maintenance of the patients. Rates so established may vary
according to the amount of care required, but the rates shall be uniform
for all persons or agencies purchasing care in the home except rates for
persons who are able to purchase their own care may approximate actual cost.
7. To make all rules and regulations for the management of the home
and of the patients therein.
8. To make appropriations from the county treasury for the purchase
of land and the erection of buildings for the home, and to defray the
expenses necessary for the care and maintenance of the home and for
providing maintenance, personal care and nursing services to the
patients therein, and to cause an amount sufficient for those purposes
to be levied upon the taxable property of the counties and collected as
other taxes and further providing that in counties with a population of
not more than 1,000,000 to levy and collect
annually a tax of not to exceed .1% of the value, as equalized or
assessed by the Department of Revenue, of all the
taxable property in the county for these purposes. The tax shall be in
addition to all other taxes which the county is authorized to levy on
the aggregate valuation of the property within the county and shall not
be included in any limitation of the tax rate upon which taxes are
required to be extended, but shall be excluded therefrom and in addition
thereto. The tax shall be levied and collected in like manner as the
general taxes of the county, and when collected, shall be paid into a
special fund in the county treasury and used only as herein authorized. No
such tax shall be levied or increased from a rate lower than the maximum
rate in any such county until the question of levying
such tax has first been submitted to the voters of such county at an
election held in such county, and has been approved by a majority of such
voters voting thereon. The corporate authorities shall certify the
question of levying such tax to the proper election officials, who shall
submit the question to the voters at an election held in accordance with
the general election law.
The proposition shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall ........ County be authorized to levy and collect a tax at a rate not YES to exceed .1% for the purpose of - - - - - - - - - - - - - - - - - - - -
........ (purchasing, maintaining) a NO county nursing home? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of votes cast on the question are in favor, the county shall
be authorized to levy the tax.
If the county has levied such tax at a rate lower than the maximum
rate set forth in this Section, the county board may increase the rate of
the tax, but not to exceed such maximum rate, by certifying the proposition
of such increase
to the proper election officials for submission to the voters of the county
at a regular election in accordance with the general election law. The
proposition shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the maximum rate of the tax levied by........ YES County for the purpose of....... (purchasing, maintaining) a - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
county nursing home be increased from........ to NO ........ (not to exceed .1%) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of all the votes cast upon the proposition are in favor
thereof, the county board may levy the tax at a rate not to exceed the rate
set forth in this Section.
9. Upon the vote of a 2/3 majority of all the members of the
board, to sell, dispose of or lease for any term, any part of the home
properties in such manner and upon such terms as it deems best for the
interest of the county, and to make and execute all necessary
conveyances thereof in the same manner as other conveyances of real
estate may be made by a county. However, if the home was erected after
referendum approval by the voters of the county, it shall not be sold
or
disposed of except after referendum approval thereof by a
majority of the voters of the county voting thereon.
If the home was erected after referendum approval by the voters of the
county, the county nursing home may be leased upon the vote of a 3/5 majority
of
all the members of the board.
10. To operate a sheltered care home as a part of a county nursing
home provided that a license to do so is obtained pursuant to the
Nursing Home Care Act, as amended.
(Source: P.A. 99-581, eff. 1-1-17 .)
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55 ILCS 5/5-21002
(55 ILCS 5/5-21002) (from Ch. 34, par. 5-21002)
Sec. 5-21002.
Cemeteries connected with facility.
Any county
which, on January 1, 1980, operates a county sheltered
care home, county nursing home or county home for the aged, and in
connection therewith maintains a cemetery for indigent persons who die
while patients or residents of such a home, shall have the power to
continue operating and maintaining the cemetery without regard to any
changes in the operational status of the home.
(Source: P.A. 86-962.)
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55 ILCS 5/5-21003
(55 ILCS 5/5-21003) (from Ch. 34, par. 5-21003)
Sec. 5-21003.
Management contracts for sheltered care or nursing
homes. The county board may, pursuant to Section
5-21006, provide by contract for the management of a county
sheltered care home or county nursing home, including the powers and
functions set forth in subparagraphs 3 through 7 of Section 5-21001.
(Source: P.A. 86-962.)
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55 ILCS 5/5-21004
(55 ILCS 5/5-21004) (from Ch. 34, par. 5-21004)
Sec. 5-21004.
Joint county homes.
Any county may contract
with another county or counties jointly to secure, by purchase
or otherwise, necessary lands, and to erect and maintain a county
sheltered care home or county nursing home under this Division.
The approval of the County Board of each county shall be necessary
for the exercise of the powers enumerated in Section 5-21001. A
joint home may be dissolved or abandoned by agreement of the
participating counties, or upon petition to the Circuit Court, upon
such terms as are equitable and just to the participating counties.
(Source: P.A. 86-962.)
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55 ILCS 5/5-21005
(55 ILCS 5/5-21005) (from Ch. 34, par. 5-21005)
Sec. 5-21005.
Management of home or farm.
Each county sheltered care
home or county nursing home shall be conducted by the county, or counties
in the case of a joint home, through its or their officers or employees,
except that management may be provided by contract pursuant to Section
5-21006. A home shall not be let or rented to any individual, association,
or corporation except that a county of more than 150,000 but less than
500,000 population may lease such home to any township in the county having
more than 125,000 population. However, the manner of operating a farm or
acreage acquired in connection with a county sheltered care home or a
county nursing home shall be within the sound discretion of the County
Board. Such farms or acreage may be rented or leased to either public or
private entities at such time or times and on such terms and conditions,
including crop-sharing arrangements, as the Board deems best for the
interest of the county.
The management of any such home or farm may have and maintain a petty
cash fund at such sheltered care home or county nursing home in the
amount not to exceed $2,500 for the purpose of paying small expenses of
not over $100 each.
(Source: P.A. 86-962.)
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55 ILCS 5/5-21006
(55 ILCS 5/5-21006) (from Ch. 34, par. 5-21006)
Sec. 5-21006.
Rules governing county boards.
When a county
board has decided by majority vote to provide for the management of a
county sheltered care home or county nursing home by contract, it shall
comply with the following:
(a) Bids. The board shall advertise for bids by publishing a notice on
at least 2 separate days in a newspaper of general circulation published
in the county not more than 30 days nor less than 15 days prior to the opening
of bids. Such advertisement for bids shall specify the conditions set forth
in this Section. Upon the opening of bids, the county board shall award
the contract to the lowest responsible bidder except that the board may
reject all bids. If the board rejects all bids and votes to obtain new
bids, the requirements concerning procedure and advertising set forth in
this Section shall apply to such new bids.
(b) Conditions of Contract. The county board shall not enter into a contract
pursuant to this Section which does not contain the following provisions:
(1) All applicable State and Federal rules and regulations shall be adhered
to and full cooperation shall be given to all legitimate State and Federal
requests for inspections and information. Such compliance shall include
but not be limited to the provisions of the "Nursing Home Care
Act", approved August 23, 1979, as amended.
(2) The powers of the county board contained in Sections 5-21009 and
5-21010 shall be maintained by the board.
(3) The contractor shall make monthly written reports to the county board
or a health services committee of the board and shall meet with the board
or its committee at least once every 2 months. The contractor shall also
make an annual report to the board. The content of such reports shall be
specified in the contract.
(4) The facilities and records of the home shall be open for inspection
by the board at all times.
(5) No contract may extend for a period beyond 4 years.
(Source: P.A. 86-962; 86-1028.)
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55 ILCS 5/5-21007
(55 ILCS 5/5-21007) (from Ch. 34, par. 5-21007)
Sec. 5-21007.
Name of joint home.
The County Board of the county, or
County Boards in the case of a joint home, shall select a suitable name for
the home but no name shall employ any word or term indicating that the home
is maintained for the care and support of destitute persons.
(Source: P.A. 86-962.)
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55 ILCS 5/5-21008
(55 ILCS 5/5-21008) (from Ch. 34, par. 5-21008)
Sec. 5-21008.
Licensing and regulation.
Any county sheltered care
home or county nursing home established under this Division shall be
subject to the provisions of the "Nursing Home Care Act", as amended.
(Source: P.A. 86-962; 86-1028.)
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55 ILCS 5/5-21009
(55 ILCS 5/5-21009) (from Ch. 34, par. 5-21009)
Sec. 5-21009. Purchase of care. Any infirm or chronically ill
resident of the county, or resident of participating counties in the case
of a joint home, who desires to purchase care and maintenance in the county
home with his own funds or with a public aid grant awarded to him under
"The Illinois Public Aid Code" may be received and cared for in the home.
Upon authorization of the County Board, or the County Boards in the case
of a joint home, infirm or chronically ill residents of other counties who
desire to purchase care and maintenance in the home from their own funds or
from public aid grants may also be admitted to the home.
The Department of Healthcare and Family Services, any local Supervisor of General
Assistance, and any other State or local agency may also purchase care in
the home for persons under their charge by paying the rates established by
the County Board.
(Source: P.A. 95-331, eff. 8-21-07.)
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55 ILCS 5/5-21010
(55 ILCS 5/5-21010) (from Ch. 34, par. 5-21010)
Sec. 5-21010.
Admission of persons unable to purchase care and
maintenance. Any infirm or chronically ill resident of the county, or of a
participating county in the case of a joint home, who is unable to purchase
care and maintenance in the county home shall be admitted upon the order of
the Supervisor of General Assistance of the local governmental unit in
which he has residence. If a county has not established a home, or the
facilities of the county's home are insufficient, the Supervisor of General
Assistance may provide for the admission and maintenance of such person in
the home of another county. If the governmental unit fails to pay for the
person's care and maintenance, the county may recover the amount due for
care by appropriate civil action against the governmental unit.
(Source: P.A. 86-962.)
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55 ILCS 5/5-21011
(55 ILCS 5/5-21011) (from Ch. 34, par. 5-21011)
Sec. 5-21011.
Payment of charges.
The charge for care of each patient
shall be paid to the superintendent of the home, or otherwise, as provided
by the governing County Board or Boards.
(Source: P.A. 86-962.)
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55 ILCS 5/5-21012
(55 ILCS 5/5-21012) (from Ch. 34, par. 5-21012)
Sec. 5-21012.
Reports by superintendent.
The superintendent of the
home shall annually, and at such other times as may be required by the
governing County Board or Boards, make full and complete reports of all
moneys received and expended by him and furnish such other information in
relation to the home as may be required of him by the County Board or Boards.
(Source: P.A. 86-962.)
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55 ILCS 5/5-21013
(55 ILCS 5/5-21013) (from Ch. 34, par. 5-21013)
Sec. 5-21013.
Records pertaining to patients.
The governing County
Board or Boards shall keep or cause to be kept accurate records relating to
the identification, residence, dates of admission and discharge, and
medical history of all patients in the home, and such further records as
are deemed necessary for the efficient administration of the home.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-22
(55 ILCS 5/Div. 5-22 heading)
Division 5-22.
Homes for the Aged
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55 ILCS 5/5-22001
(55 ILCS 5/5-22001) (from Ch. 34, par. 5-22001)
Sec. 5-22001.
Establishment and maintenance of homes
for the aged. Any county is authorized to purchase or
construct, equip, operate and maintain one or more homes
for the aged.
In order to finance any such home, any county may borrow money and issue
and sell bonds in such amount or amounts as it may determine, and may
refund and refinance the same from time to time whenever the public
interest so requires.
(Source: P.A. 86-962.)
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55 ILCS 5/5-22002
(55 ILCS 5/5-22002) (from Ch. 34, par. 5-22002)
Sec. 5-22002.
Rules and regulations; admissions.
The county board, as the case may be,
may make such reasonable rules and regulations regarding the management and
control of any home for the aged as may be required to accomplish the
purposes of the Division subject to and not in conflict with
the provisions of the Nursing Home Care Act, as heretofore or hereafter amended.
Any such home shall be available for the use of any aged person who is
able, through private means or public subsidy or combination thereof, to
pay the prescribed rental and to meet any rules or regulations necessary
for the operation of such home.
(Source: P.A. 86-962; 86-1028.)
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55 ILCS 5/5-22003
(55 ILCS 5/5-22003) (from Ch. 34, par. 5-22003)
Sec. 5-22003.
Bonds.
All bonds issued under this Division
shall bear interest of not more than the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the
contract, and may be sold by the issuing authority in such manner
as may be in the public interest; provided, that such bonds shall be sold
at such price that the interest cost of the proceeds therefrom will not
exceed the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, based
on the average maturity of such bonds, and
computed according to standard tables of bond values. Such bonds shall be
payable solely and only from the revenues to be derived from the operation
of the home for the financing of which they are issued; and such fact shall
be plainly stated on the face of each bond. Such bonds shall be deemed
negotiable instruments. They shall bear such date or dates and may mature
at such time or times, not exceeding 40 years from their date or dates, and
may be in such form, carry such registration privilege, may be payable at
such place or places, may be subject to such terms of redemption, prior to
maturity with or without premium, as so stated on the face of each bond,
may contain such terms and covenants, as may be determined by the issuing
authority. Such bonds shall be executed by the chairman of the county board
and the county treasurer. Any bonds bearing the signatures of officers in
office at the date of signing thereof shall be valid and binding for all
purposes, notwithstanding that before delivery thereof any or all such
persons whose signatures appear thereon shall cease to be such officers.
Signatures on bonds may be facsimile. Every home shall be financed by a
separate bond issue.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Division or "An Act
in relation to homes for the aged", approved July 21, 1959, that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section or its predecessor are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section or its predecessor within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Division or "An Act in relation to homes
for the aged", approved July 21, 1959, that may appear to be or to have
been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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55 ILCS 5/5-22004
(55 ILCS 5/5-22004) (from Ch. 34, par. 5-22004)
Sec. 5-22004.
Rentals.
Whenever bonds are issued under this
Division, the county board shall establish rentals for the use of any home
sufficient at all times to pay maintenance and operation costs, and the
principal of and interest upon such bonds.
(Source: P.A. 86-962.)
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55 ILCS 5/5-22005
(55 ILCS 5/5-22005) (from Ch. 34, par. 5-22005)
Sec. 5-22005.
Deposit of revenues.
Whenever revenue bonds are issued
under this Division, the revenues derived from the operation of the home
shall be set aside as collected and shall be deposited in a separate fund
in the county treasury and be used in paying the cost of maintenance and
operation of such home, and paying the principal of and interest upon the
bonds.
(Source: P.A. 86-962.)
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55 ILCS 5/5-22006
(55 ILCS 5/5-22006) (from Ch. 34, par. 5-22006)
Sec. 5-22006.
Redemption of bonds with federal funds.
Bonds
issued under this Division may be redeemed in whole or in part with
any funds provided for such purpose by the government of the United States.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-23
(55 ILCS 5/Div. 5-23 heading)
Division 5-23.
Tuberculosis Sanitariums
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55 ILCS 5/5-23001
(55 ILCS 5/5-23001) (from Ch. 34, par. 5-23001)
Sec. 5-23001.
Establishment of tuberculosis sanitarium.
The
county board of each county of this State shall have the
power in the manner hereinafter provided, to establish and maintain a
county tuberculosis sanitarium, and branches, dispensaries, and other
auxiliary institutions connected with the same, within the limits of
such county, for the use and benefit of the inhabitants thereof, for the
treatment and care of persons afflicted with tuberculosis, and shall
have the power to levy a tax, subject to such further limitation as may
be occasioned by the issuance of bonds as hereinafter provided, not to
exceed .075 per cent of the value, as equalized or assessed by the
Department of Revenue, annually on all taxable property
of such county, such tax to be levied and collected in like manner with
the general taxes of such county, and to form, when collected, a fund to
be known as the "Tuberculosis Sanitarium Fund", which tax shall be in
addition to all other taxes which such county is now, or hereafter may
be, authorized to levy on the aggregate valuation of all property within
such county, and the county clerk, in reducing tax levies under the
provisions of Section 18-165 of the Property Tax Code, shall not consider the
tax for such tuberculosis sanitarium fund, authorized by this Division, as a
part of the general tax levy for county purposes, and shall not include the
same in the limitation of one percent of the assessed valuation upon which
taxes are required to be extended. In order to secure greater working
efficiency any county maintaining a tuberculosis sanitarium may convey the
property acquired for such purpose, or any part thereof, or any interest
therein, to any other county or counties adjacent thereto upon such terms and
conditions as the respective county boards thereof shall agree on by a majority
vote of all the members of each of the county boards. 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.
No money received from taxes authorized to be levied under this Division
shall be used for care and treatment of the convalescent or chronically ill.
(Source: P.A. 88-670, eff. 12-2-94.)
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55 ILCS 5/5-23002
(55 ILCS 5/5-23002) (from Ch. 34, par. 5-23002)
Sec. 5-23002.
Abolishment of board of directors.
The county board
of each county which has appointed a board pursuant to this Division may,
by resolution abolish such board provided such resolution also provides that:
(a) in counties which have established a county or multiple-county health
department in accordance with Division 5-25 or its predecessor and
have an existing Board of Health:
(1) The membership of the Board of Health in single | | counties be increased to 11 in counties where present membership is 8 and to 15 in counties where present membership is 12, a majority of which shall be members of the general public,
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(2) The employees, records, assets and liabilities of
| | the board be transferred and assumed by the Board of Health, and
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(3) an additional tax be imposed by the county board
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(b) in counties which have not established a county or multiple-county
health department in accordance with Division 5-25 or its predecessor
and do not have an
existing Board of Health:
(1) a county or multiple-county health department be
| | established and a Board of Health be appointed pursuant to Division 5-25,
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(2) the employees, records, assets and liabilities of
| | the board be transferred and assumed by the newly created Board of Health, and
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(3) A tax be imposed by the county board up to the
| | maximum rate which had been authorized to be imposed by a referendum approved under this Division.
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(Source: P.A. 86-962; 86-1475.)
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55 ILCS 5/5-23003
(55 ILCS 5/5-23003) (from Ch. 34, par. 5-23003)
Sec. 5-23003.
Use of vacant facilities.
When part of the facilities
of a sanitarium established and maintained under this Division are vacant
and not needed for the care and treatment of persons afflicted with
tuberculosis, the board of directors, after first obtaining approval of the
County Board, may, for a consideration to be determined by the county
board: (a) extend the privileges and use of the sanitarium for the care and
treatment of persons who are afflicted with chronic pulmonary diseases
other than tuberculosis and persons who are convalescent or chronically
ill, or (b) rent the same to any branch, department or agency of the State
or Federal government, or to any municipal corporation, quasi municipal
corporation, political subdivision or body politic, or agency thereof or
any not-for-profit corporation or any non-profit organization or
association, provided such lessee or lessees be engaged in public health or
welfare work or services in such county; provided such vacant facilities
shall be separate so that tuberculosis patients shall be isolated from the
convalescent and chronically ill and such rented facilities. Such vacant
part may be used partly for any one or more of the uses set forth in (a)
and (b). Any services provided by such sanitarium or board may be made
available with such rented facilities. Non-profit organization or
association means any organization or association, no part of the net
earnings of which inures or may lawfully inure to the benefit of any
individual. The charge for providing care and treatment of those afflicted
with chronic pulmonary disease other than tuberculosis and the convalescent
or chronically ill shall not be less than the actual cost of providing such
care and treatment.
(Source: P.A. 86-962.)
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55 ILCS 5/5-23004
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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 | | who has demonstrated the intent to become a resident at the time he is first diagnosed as having tuberculosis, or suspected of having tuberculosis, for the period from the time of that diagnosis until his case becomes inactive or he has resided outside of that county for 6 months, whichever first occurs;
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(b) in which he has resided for at least 6 months
| | with a known case of tuberculosis after moving from the county where the case was first diagnosed; or
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(c) in which he has resided for at least 6 months
| | with a known, but inactive, case of tuberculosis which subsequently is reactivated.
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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
(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
(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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