Bill Text: IL SB1688 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Department of Health and Human Services Act and amends various Acts. Abolishes the Department of Human Services, the Department of Healthcare and Family Services, and the Department on Aging and transfers the functions of those agencies to the Department of Health and Human Services, which is created. Provides that the Secretary of Health and Human Services is the head of the new agency and transfers the staffs, records, and unexpended funds of the abolished agencies to the Department of Health and Human Services. Provides that the Secretary of Health and Human Services shall take all steps necessary to accomplish administrative efficiencies, staff reductions, containment of costs, and reallocation of existing resources and that the Secretary shall submit a report on those accomplishments to the General Assembly and the Governor. Makes conforming changes in other Acts. Effective July 1, 2020.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1688 Detail]

Download: Illinois-2019-SB1688-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1688 Introduced 2/15/2019, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
See Index
Creates the Department of Health and Human Services Act and amends various Acts. Abolishes the Department of Human Services, the Department of Healthcare and Family Services, and the Department on Aging and transfers the functions of those agencies to the Department of Health and Human Services, which is created. Provides that the Secretary of Health and Human Services is the head of the new agency and transfers the staffs, records, and unexpended funds of the abolished agencies to the Department of Health and Human Services. Provides that the Secretary of Health and Human Services shall take all steps necessary to accomplish administrative efficiencies, staff reductions, containment of costs, and reallocation of existing resources and that the Secretary shall submit a report on those accomplishments to the General Assembly and the Governor. Makes conforming changes in other Acts. Effective July 1, 2020.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Department of Health and Human Services Act.
Section 5. Department of Health and Human Services.
(a) The Department of Health and Human Services is created.
(b) The Department of Health and Human Services shall have
as its head the Secretary of Health and Human Services, who
shall be responsible for all of the Department's functions. The
Governor shall appoint the Secretary, by and with the advice
and consent of the Senate. Vacancies in the office of Secretary
shall be filled as provided in Section 5-605 of the Civil
Administrative Code of Illinois.
(c) The Department of Health and Human Services shall have
such assistants and deputies as may be appropriate for the
efficient operation of the Department.
(d) The Secretary of Health and Human Services shall create
divisions and administrative units within the Department of
Health and Human Services and shall assign functions, powers,
duties, and personnel as may be required by State or federal
law.
(e) Whenever the Secretary of Health and Human Services is

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authorized to take any action or required by law to consider or
make findings, the Secretary may delegate or appoint, in
writing, an officer or employee of the Department of Health and
Human Services to take that action or make that finding.
(f) The Department of Health and Human Services is the
successor agency to the Department of Human Services, the
Department of Healthcare and Family Services, and the
Department on Aging for purposes of the Successor Agency Act
and for purposes of Section 9b of the State Finance Act.
Section 10. Agencies abolished. The Department of Human
Services, the Department of Healthcare and Family Services, and
the Department on Aging are abolished.
Section 15. Functions transferred.
(a) All of the functions of the Department of Human
Services, the Department of Healthcare and Family Services, and
the Department on Aging, and all of the powers and duties,
including funding mechanisms, associated with or related to
those functions and vested by law in one of those agencies or
in any office, division, council, committee, bureau, board,
commission, officer, employee, or other individual or entity
associated with one of those agencies, are transferred to the
Department of Health and Human Services.
(b) The functions, powers, and duties transferred to the
Department of Health and Human Services under this Act are not

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affected by this Act, except that they shall be carried out by
the Department of Health and Human Services on and after the
effective date of this Act.
Section 20. Representation on boards or other entities.
When any provision of an Executive Order or Act provides for
the membership of the Secretary of Human Services, the Director
of Healthcare and Family Services, or the Director of Aging on
any council, commission, board, or other entity, the Secretary
of Health and Human Services or his or her designee shall serve
in that place. If more than one such person is required by law
to serve on any council, commission, board, or other entity,
then an equivalent number of representatives of the Department
of Health and Human Services shall so serve.
Section 25. Employees transferred. The employees of the
Department of Human Services, the Department of Healthcare and
Family Services, and the Department on Aging engaged in
performing the functions of those agencies transferred to the
Department of Health and Human Services under this Act shall be
transferred to the Department of Health and Human Services. The
status and rights of those employees, and the rights of the
State of Illinois and its agencies, under the Personnel Code
and applicable collective bargaining agreements or under any
pension, retirement, or annuity plan are not affected by that
transfer or by any other provision of this Act.

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Section 30. Books and records transferred. All books,
records, papers, documents, property (real and personal),
contracts, and pending business pertaining to the powers and
duties transferred under this Act from the Department of Human
Services, the Department of Healthcare and Family Services, and
the Department on Aging to the Department of Health and Human
Services, including but not limited to material in electronic
or magnetic format and necessary computer hardware and
software, shall be delivered to the Department of Health and
Human Services.
Section 35. Unexpended moneys transferred. All unexpended
appropriations and balances and other moneys available for use
in connection with any of the functions transferred to the
Department of Health and Human Services under this Act shall be
transferred for use by that Department for the exercise of
those functions pursuant to the direction of the Governor.
Unexpended balances so transferred shall be expended only for
the purpose for which the appropriations were originally made.
Section 40. Exercise of transferred powers; savings
provisions.
(a) The powers and duties related to the functions
transferred to the Department of Health and Human Services
under this Act are vested in and shall be exercised by that

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Department. Each act done by the Department of Health and Human
Services or any of its officers, employees, or agents in the
exercise of those powers and duties shall have the same legal
effect as if done by the Department of Human Services, the
Department of Healthcare and Family Services, or the Department
on Aging, or the divisions, officers, employees, or agents of
those agencies.
(b) The transfer of functions to the Department of Health
and Human Services under this Act does not invalidate any
action taken by the Department of Human Services, the
Department of Healthcare and Family Services, or the Department
on Aging before the effective date of this Act.
(c) The transfer of functions to the Department of Health
and Human Services under this Act does not affect the powers or
duties of any registrant, licensee, or regulated entity arising
out of those transferred functions.
Section 45. Officers, employees, and agents; penalties.
Every officer, employee, and agent of the Department of Health
and Human Services is, for any offense, subject to the same
penalty or penalties, civil or criminal, as are prescribed by
the law in effect on the effective date of this Act for the
same offense by any officer, employee, or agent whose powers or
duties are transferred under this Act.
Section 55. Reports, notices, or papers. Whenever reports

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or notices are required to be made or given or papers or
documents furnished or served by any person to or upon the
Department of Human Services, the Department of Healthcare and
Family Services, or the Department on Aging in connection with
any function transferred under this Act, the same shall be
made, given, furnished, or served in the same manner to or upon
the Department of Health and Human Services.
Section 60. Acts and actions unaffected by transfer. This
Act does not affect any act done, ratified, or canceled, or any
right occurring or established, before the effective date of
this Act in connection with any function transferred under this
Act. This Act does not affect any action or proceeding had or
commenced before the effective date of this Act in an
administrative, civil, or criminal cause regarding the
Department of Human Services, the Department of Healthcare and
Family Services, or the Department on Aging, but any such
action or proceeding may be prosecuted, defended, or continued
by the Department of Health and Human Services.
Section 65. Rules.
(a) Any rule of the Department of Human Services, the
Department of Healthcare and Family Services, or the Department
on Aging that (i) relates to the functions transferred under
this Act, (ii) was in full force on the effective date of this
Act, and (iii) was duly adopted by one of those agencies shall

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become the rule of the Department of Health and Human Services.
This Act does not affect the legality of any such rules
contained in the Illinois Administrative Code.
(b) Any proposed rule filed with the Secretary of State by
the Department of Human Services, the Department of Healthcare
and Family Services, or the Department on Aging that was
pending in the rulemaking process on the effective date of this
Act and that pertains to the functions transferred under this
Act shall be deemed to have been filed by the Department of
Health and Human Services.
(c) As soon as practicable after the effective date of this
Act, the Department of Health and Human Services shall revise
and clarify the rules transferred to it under this Section to
reflect the reorganization of powers and duties effected by
this Act, using the procedures for recodification of rules
available under the Illinois Administrative Procedure Act,
except that existing title, part, and section numbering for the
affected rules may be retained.
(d) All rulemaking authority of the Secretary of Health and
Human Services shall be exercised jointly by the Secretary and
the designee assigned to oversee functions that are the subject
of the rule.
(e) The Department of Health and Human Services may propose
and adopt other rules, as necessary, to consolidate and clarify
the rules formerly administered by the Department of Human
Services, the Department of Healthcare and Family Services, or

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the Department on Aging.
Section 70. Efficiencies; report. The Secretary of Health
and Human Services shall take all steps necessary to accomplish
administrative efficiencies, staff reductions, containment of
costs, and reallocation of existing resources. No later than
December 31, 2020, the Secretary shall submit a report on those
accomplishments to the General Assembly and the Governor.
Section 900. The Statute on Statutes is amended by adding
Section 1.43 as follows:
(5 ILCS 70/1.43 new)
Sec. 1.43. Department of Health and Human Services.
References in any Act to the Department of Human Services, the
Department of Healthcare and Family Services, the Department on
Aging, and any of their predecessor agencies are, in
appropriate contexts, deemed to be references to the Department
of Health and Human Services. References in any Act to the
Secretary of Human Services, the Director of Healthcare and
Family Services, the Director of Aging, and any of their
predecessors are, in appropriate contexts, deemed to be
references to the Secretary of Health and Human Services.
Section 905. The Civil Administrative Code of Illinois is
amended by changing Sections 1-5, 5-10, 5-15, 5-20, 5-520,

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5-545, 5-550, and 5-565 and adding Sections 5-218 and 5-352 as
follows:
(20 ILCS 5/1-5)
Sec. 1-5. Articles. The Civil Administrative Code of
Illinois consists of the following Articles:
Article 1. General Provisions (20 ILCS 5/1-1 and
following).
Article 5. Departments of State Government Law (20 ILCS
5/5-1 and following).
Article 50. State Budget Law (15 ILCS 20/).
Article 110. Department on Aging Law (20 ILCS 110/).
Article 205. Department of Agriculture Law (20 ILCS 205/).
Article 250. State Fair Grounds Title Law (5 ILCS 620/).
Article 310. Substance Use Disorder Department of Human
Services (Alcoholism and Substance Abuse) Law (20 ILCS 310/).
Article 405. Department of Central Management Services Law
(20 ILCS 405/).
Article 510. Department of Children and Family Services
Powers Law (20 ILCS 510/).
Article 605. Department of Commerce and Economic
Opportunity Law (20 ILCS 605/).
Article 805. Department of Natural Resources
(Conservation) Law (20 ILCS 805/).
Article 1005. Department of Employment Security Law (20
ILCS 1005/).

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Article 1405. Department of Insurance Law (20 ILCS 1405/).
Article 1505. Department of Labor Law (20 ILCS 1505/).
Article 1710. Department of Human Services (Mental Health
and Developmental Disabilities) Law (20 ILCS 1710/).
Article 1905. Department of Natural Resources (Mines and
Minerals) Law (20 ILCS 1905/).
Article 2105. Department of Professional Regulation Law
(20 ILCS 2105/).
Article 2205. Department of Healthcare and Family Services
Law (20 ILCS 2205/).
Article 2310. Department of Public Health Powers and Duties
Law (20 ILCS 2310/).
Article 2505. Department of Revenue Law (20 ILCS 2505/).
Article 2510. Certified Audit Program Law (20 ILCS 2510/).
Article 2605. Department of State Police Law (20 ILCS
2605/).
Article 2705. Department of Transportation Law (20 ILCS
2705/).
Article 3000. University of Illinois Exercise of Functions
and Duties Law (110 ILCS 355/).
(Source: P.A. 95-331, eff. 8-21-07; 96-328, eff. 8-11-09.)
(20 ILCS 5/5-10) (was 20 ILCS 5/2.1)
Sec. 5-10. "Director". As used in the Civil Administrative
Code of Illinois, unless the context clearly indicates
otherwise, the word "director" means the several directors of

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the departments of State government as designated in Section
5-20 of this Law and includes the Secretary of Financial and
Professional Regulation, the Secretary of Innovation and
Technology, the Secretary of Health and Human Services, and the
Secretary of Transportation.
(Source: P.A. 100-611, eff. 7-20-18.)
(20 ILCS 5/5-15) (was 20 ILCS 5/3)
Sec. 5-15. Departments of State government. The
Departments of State government are created as follows:
The Department on Aging.
The Department of Agriculture.
The Department of Central Management Services.
The Department of Children and Family Services.
The Department of Commerce and Economic Opportunity.
The Department of Corrections.
The Department of Employment Security.
The Illinois Emergency Management Agency.
The Department of Financial and Professional Regulation.
The Department of Healthcare and Family Services.
The Department of Health and Human Services.
The Department of Human Rights.
The Department of Human Services.
The Department of Innovation and Technology.
The Department of Insurance.
The Department of Juvenile Justice.

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The Department of Labor.
The Department of the Lottery.
The Department of Natural Resources.
The Department of Public Health.
The Department of Revenue.
The Department of State Police.
The Department of Transportation.
The Department of Veterans' Affairs.
(Source: P.A. 100-611, eff. 7-20-18; 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-20) (was 20 ILCS 5/4)
Sec. 5-20. Heads of departments. Each department shall have
an officer as its head who shall be known as director or
secretary and who shall, subject to the provisions of the Civil
Administrative Code of Illinois, execute the powers and
discharge the duties vested by law in his or her respective
department.
The following officers are hereby created:
Director of Aging, for the Department on Aging.
Director of Agriculture, for the Department of
Agriculture.
Director of Central Management Services, for the
Department of Central Management Services.
Director of Children and Family Services, for the
Department of Children and Family Services.
Director of Commerce and Economic Opportunity, for the

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Department of Commerce and Economic Opportunity.
Director of Corrections, for the Department of
Corrections.
Director of the Illinois Emergency Management Agency, for
the Illinois Emergency Management Agency.
Director of Employment Security, for the Department of
Employment Security.
Secretary of Financial and Professional Regulation, for
the Department of Financial and Professional Regulation.
Director of Healthcare and Family Services, for the
Department of Healthcare and Family Services.
Secretary of Health and Human Services, for the Department
of Health and Human Services.
Director of Human Rights, for the Department of Human
Rights.
Secretary of Human Services, for the Department of Human
Services.
Secretary of Innovation and Technology, for the Department
of Innovation and Technology.
Director of Insurance, for the Department of Insurance.
Director of Juvenile Justice, for the Department of
Juvenile Justice.
Director of Labor, for the Department of Labor.
Director of the Lottery, for the Department of the Lottery.
Director of Natural Resources, for the Department of
Natural Resources.

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Director of Public Health, for the Department of Public
Health.
Director of Revenue, for the Department of Revenue.
Director of State Police, for the Department of State
Police.
Secretary of Transportation, for the Department of
Transportation.
Director of Veterans' Affairs, for the Department of
Veterans' Affairs.
(Source: P.A. 100-611, eff. 7-20-18; 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-218 new)
Sec. 5-218. Secretary of Health and Human Services. The
Secretary of Health and Human Services shall be a person
conversant with the matters within the purview of the
Department of Health and Human Services.
(20 ILCS 5/5-352 new)
Sec. 5-352. In the Department of Health and Human Services.
The Secretary of Health and Human Services shall each receive
an annual salary as set by law.
(20 ILCS 5/5-520) (was 20 ILCS 5/6.27)
Sec. 5-520. In the Department of Health and Human Services
on Aging. A Council on Aging composed and appointed as provided
in the Illinois Act on the Aging.

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(Source: P.A. 96-918, eff. 6-9-10.)
(20 ILCS 5/5-545) (was 20 ILCS 5/6.04)
Sec. 5-545. In the Department of Health and Human Services.
A Psychiatric Advisory Council appointed by and at the
discretion of the Secretary of Health and Human Services,
consisting of representatives from the several schools and
institutes in Illinois conducting programs of psychiatric
training, which shall advise the Department with respect to its
policies and programs relating to mental health or
developmental disabilities. The members shall serve for the
terms that the Secretary shall designate.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 5/5-550) (was 20 ILCS 5/6.23)
Sec. 5-550. In the Department of Health and Human Services.
A State Rehabilitation Council, hereinafter referred to as the
Council, is hereby established for the purpose of complying
with the requirements of 34 CFR 361.16 and advising the
Secretary of Health and Human Services and the vocational
rehabilitation administrator of the provisions of the federal
Rehabilitation Act of 1973 and the Americans with Disabilities
Act of 1990 in matters concerning individuals with disabilities
and the provision of vocational rehabilitation services. The
Council shall consist of members appointed by the Governor
after soliciting recommendations from organizations

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representing a broad range of individuals with disabilities and
organizations interested in individuals with disabilities.
However, the Governor may delegate his appointing authority
under this Section to the Council by executive order.
The Council shall consist of the following appointed
members:
(1) One representative of a parent training center
established in accordance with the federal Individuals
with Disabilities Education Act.
(2) One representative of the Client Assistance
Program.
(3) One vocational rehabilitation counselor who has
knowledge of and experience with vocational rehabilitation
programs. If an employee of the Department of Health and
Human Services is appointed under this item, then he or she
shall serve as an ex officio, nonvoting member.
(4) One representative of community rehabilitation
program service providers.
(5) Four representatives of business, industry, and
labor.
(6) At least two but not more than five representatives
of disability advocacy groups representing a cross section
of the following:
(A) individuals with physical, cognitive, sensory,
and mental disabilities; and
(B) parents, family members, guardians, advocates,

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or authorized representative of individuals with
disabilities who have difficulty in representing
themselves or who are unable, due to their
disabilities, to represent themselves.
(7) One current or former applicant for, or recipient
of, vocational rehabilitation services.
(8) One representative from secondary or higher
education.
(9) One representative of the State Workforce
Innovation Board.
(10) One representative of the Illinois State Board of
Education who is knowledgeable about the Individuals with
Disabilities Education Act.
(11) The chairperson of, or a member designated by, the
Statewide Independent Living Council established under
Section 12a of the Rehabilitation of Persons with
Disabilities Act.
(12) The chairperson of, or a member designated by, the
Blind Services Planning Council established under Section
7 of the Bureau for the Blind Act.
(13) The vocational rehabilitation administrator, as
defined in Section 1b of the Rehabilitation of Persons with
Disabilities Act, who shall serve as an ex officio,
nonvoting member.
The Council shall select a Chairperson.
The Chairperson and a majority of the members of the

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Council shall be persons who are individuals with disabilities.
At least one member shall be a senior citizen age 60 or over,
and at least one member shall be at least 18 but not more than
25 years old. A majority of the Council members shall not be
employees of the Department of Health and Human Services.
Members appointed to the Council for full terms on or after
the effective date of this amendatory Act of the 98th General
Assembly shall be appointed for terms of 3 years. No Council
member, other than the vocational rehabilitation administrator
and the representative of the Client Assistance Program, shall
serve for more than 2 consecutive terms as a representative of
one of the 13 enumerated categories. If an individual, other
than the vocational rehabilitation administrator and the
representative of the Client Assistance Program, has completed
2 consecutive terms and is eligible to seek appointment as a
representative of one of the other enumerated categories, then
that individual may be appointed to serve as a representative
of one of those other enumerated categories after a meaningful
break in Council service, as defined by the Council through its
by-laws.
Vacancies for unexpired terms shall be filled. Individuals
appointed by the appointing authority to fill an unexpired term
shall complete the remainder of the vacated term. When the
initial term of a person appointed to fill a vacancy is
completed, the individual appointed to fill that vacancy may be
re-appointed by the appointing authority to the vacated

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position for one subsequent term.
If an excessive number of expired terms and vacated terms
combine to place an undue burden on the Council, the appointing
authority may appoint members for terms of 1, 2, or 3 years.
The appointing authority shall determine the terms of Council
members to ensure the number of terms expiring each year is as
close to equal as possible.
Notwithstanding the foregoing, a member who is serving on
the Council on the effective date of this amendatory Act of the
98th General Assembly and whose term expires as a result of the
changes made by this amendatory Act of the 98th General
Assembly may complete the unexpired portion of his or her term.
Members shall be reimbursed in accordance with State laws,
rules, and rates for expenses incurred in the performance of
their approved, Council-related duties, including expenses for
travel, child care, or personal assistance services. A member
who is not employed or who must forfeit wages from other
employment may be paid reasonable compensation, as determined
by the Department, for each day the member is engaged in
performing approved duties of the Council.
The Council shall meet at least 4 times per year at times
and places designated by the Chairperson upon 10 days written
notice to the members. Special meetings may be called by the
Chairperson or 7 members of the Council upon 7 days written
notice to the other members. Nine members shall constitute a
quorum. No member of the Council shall cast a vote on any

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matter that would provide direct financial benefit to the
member or otherwise give the appearance of a conflict of
interest under Illinois law.
The Council shall prepare and submit to the vocational
rehabilitation administrator the reports and findings that the
vocational rehabilitation administrator may request or that
the Council deems fit. The Council shall select jointly with
the vocational rehabilitation administrator a pool of
qualified persons to serve as impartial hearing officers. The
Council shall, with the vocational rehabilitation unit in the
Department, jointly develop, agree to, and review annually
State goals and priorities and jointly submit annual reports of
progress to the federal Commissioner of the Rehabilitation
Services Administration.
To the extent that there is a disagreement between the
Council and the unit within the Department of Health and Human
Services responsible for the administration of the vocational
rehabilitation program, regarding the resources necessary to
carry out the functions of the Council as set forth in this
Section, the disagreement shall be resolved by the Governor.
(Source: P.A. 99-143, eff. 7-27-15; 100-477, eff. 9-8-17.)
(20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
Sec. 5-565. In the Department of Public Health.
(a) The General Assembly declares it to be the public
policy of this State that all citizens of Illinois are entitled

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to lead healthy lives. Governmental public health has a
specific responsibility to ensure that a public health system
is in place to allow the public health mission to be achieved.
The public health system is the collection of public, private,
and voluntary entities as well as individuals and informal
associations that contribute to the public's health within the
State. To develop a public health system requires certain core
functions to be performed by government. The State Board of
Health is to assume the leadership role in advising the
Director in meeting the following functions:
(1) Needs assessment.
(2) Statewide health objectives.
(3) Policy development.
(4) Assurance of access to necessary services.
There shall be a State Board of Health composed of 20
persons, all of whom shall be appointed by the Governor, with
the advice and consent of the Senate for those appointed by the
Governor on and after June 30, 1998, and one of whom shall be a
senior citizen age 60 or over. Five members shall be physicians
licensed to practice medicine in all its branches, one
representing a medical school faculty, one who is board
certified in preventive medicine, and one who is engaged in
private practice. One member shall be a chiropractic physician.
One member shall be a dentist; one an environmental health
practitioner; one a local public health administrator; one a
local board of health member; one a registered nurse; one a

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physical therapist; one an optometrist; one a veterinarian; one
a public health academician; one a health care industry
representative; one a representative of the business
community; one a representative of the non-profit public
interest community; and 2 shall be citizens at large.
The terms of Board of Health members shall be 3 years,
except that members shall continue to serve on the Board of
Health until a replacement is appointed. Upon the effective
date of this amendatory Act of the 93rd General Assembly, in
the appointment of the Board of Health members appointed to
vacancies or positions with terms expiring on or before
December 31, 2004, the Governor shall appoint up to 6 members
to serve for terms of 3 years; up to 6 members to serve for
terms of 2 years; and up to 5 members to serve for a term of one
year, so that the term of no more than 6 members expire in the
same year. All members shall be legal residents of the State of
Illinois. The duties of the Board shall include, but not be
limited to, the following:
(1) To advise the Department of ways to encourage
public understanding and support of the Department's
programs.
(2) To evaluate all boards, councils, committees,
authorities, and bodies advisory to, or an adjunct of, the
Department of Public Health or its Director for the purpose
of recommending to the Director one or more of the
following:

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(i) The elimination of bodies whose activities are
not consistent with goals and objectives of the
Department.
(ii) The consolidation of bodies whose activities
encompass compatible programmatic subjects.
(iii) The restructuring of the relationship
between the various bodies and their integration
within the organizational structure of the Department.
(iv) The establishment of new bodies deemed
essential to the functioning of the Department.
(3) To serve as an advisory group to the Director for
public health emergencies and control of health hazards.
(4) To advise the Director regarding public health
policy, and to make health policy recommendations
regarding priorities to the Governor through the Director.
(5) To present public health issues to the Director and
to make recommendations for the resolution of those issues.
(6) To recommend studies to delineate public health
problems.
(7) To make recommendations to the Governor through the
Director regarding the coordination of State public health
activities with other State and local public health
agencies and organizations.
(8) To report on or before February 1 of each year on
the health of the residents of Illinois to the Governor,
the General Assembly, and the public.

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(9) To review the final draft of all proposed
administrative rules, other than emergency or preemptory
rules and those rules that another advisory body must
approve or review within a statutorily defined time period,
of the Department after September 19, 1991 (the effective
date of Public Act 87-633). The Board shall review the
proposed rules within 90 days of submission by the
Department. The Department shall take into consideration
any comments and recommendations of the Board regarding the
proposed rules prior to submission to the Secretary of
State for initial publication. If the Department disagrees
with the recommendations of the Board, it shall submit a
written response outlining the reasons for not accepting
the recommendations.
In the case of proposed administrative rules or
amendments to administrative rules regarding immunization
of children against preventable communicable diseases
designated by the Director under the Communicable Disease
Prevention Act, after the Immunization Advisory Committee
has made its recommendations, the Board shall conduct 3
public hearings, geographically distributed throughout the
State. At the conclusion of the hearings, the State Board
of Health shall issue a report, including its
recommendations, to the Director. The Director shall take
into consideration any comments or recommendations made by
the Board based on these hearings.

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(10) To deliver to the Governor for presentation to the
General Assembly a State Health Improvement Plan. The first
3 such plans shall be delivered to the Governor on January
1, 2006, January 1, 2009, and January 1, 2016 and then
every 5 years thereafter.
The Plan shall recommend priorities and strategies to
improve the public health system and the health status of
Illinois residents, taking into consideration national
health objectives and system standards as frameworks for
assessment.
The Plan shall also take into consideration priorities
and strategies developed at the community level through the
Illinois Project for Local Assessment of Needs (IPLAN) and
any regional health improvement plans that may be
developed. The Plan shall focus on prevention as a key
strategy for long-term health improvement in Illinois.
The Plan shall examine and make recommendations on the
contributions and strategies of the public and private
sectors for improving health status and the public health
system in the State. In addition to recommendations on
health status improvement priorities and strategies for
the population of the State as a whole, the Plan shall make
recommendations regarding priorities and strategies for
reducing and eliminating health disparities in Illinois;
including racial, ethnic, gender, age, socio-economic and
geographic disparities.

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The Director of the Illinois Department of Public
Health shall appoint a Planning Team that includes a range
of public, private, and voluntary sector stakeholders and
participants in the public health system. This Team shall
include: the directors of State agencies with public health
responsibilities (or their designees), including but not
limited to the Illinois Department Departments of Public
Health and Department of Health and Human Services,
representatives of local health departments,
representatives of local community health partnerships,
and individuals with expertise who represent an array of
organizations and constituencies engaged in public health
improvement and prevention.
The State Board of Health shall hold at least 3 public
hearings addressing drafts of the Plan in representative
geographic areas of the State. Members of the Planning Team
shall receive no compensation for their services, but may
be reimbursed for their necessary expenses.
Upon the delivery of each State Health Improvement
Plan, the Governor shall appoint a SHIP Implementation
Coordination Council that includes a range of public,
private, and voluntary sector stakeholders and
participants in the public health system. The Council shall
include the directors of State agencies and entities with
public health system responsibilities (or their
designees), including but not limited to the Department of

SB1688 - 27 - LRB101 09486 KTG 54584 b
Public Health, Department of Health and Human Services,
Department of Healthcare and Family Services,
Environmental Protection Agency, Illinois State Board of
Education, Department on Aging, Illinois Violence
Prevention Authority, Department of Agriculture,
Department of Insurance, Department of Financial and
Professional Regulation, Department of Transportation, and
Department of Commerce and Economic Opportunity and the
Chair of the State Board of Health. The Council shall
include representatives of local health departments and
individuals with expertise who represent an array of
organizations and constituencies engaged in public health
improvement and prevention, including non-profit public
interest groups, health issue groups, faith community
groups, health care providers, businesses and employers,
academic institutions, and community-based organizations.
The Governor shall endeavor to make the membership of the
Council representative of the racial, ethnic, gender,
socio-economic, and geographic diversity of the State. The
Governor shall designate one State agency representative
and one other non-governmental member as co-chairs of the
Council. The Governor shall designate a member of the
Governor's office to serve as liaison to the Council and
one or more State agencies to provide or arrange for
support to the Council. The members of the SHIP
Implementation Coordination Council for each State Health

SB1688 - 28 - LRB101 09486 KTG 54584 b
Improvement Plan shall serve until the delivery of the
subsequent State Health Improvement Plan, whereupon a new
Council shall be appointed. Members of the SHIP Planning
Team may serve on the SHIP Implementation Coordination
Council if so appointed by the Governor.
The SHIP Implementation Coordination Council shall
coordinate the efforts and engagement of the public,
private, and voluntary sector stakeholders and
participants in the public health system to implement each
SHIP. The Council shall serve as a forum for collaborative
action; coordinate existing and new initiatives; develop
detailed implementation steps, with mechanisms for action;
implement specific projects; identify public and private
funding sources at the local, State and federal level;
promote public awareness of the SHIP; advocate for the
implementation of the SHIP; and develop an annual report to
the Governor, General Assembly, and public regarding the
status of implementation of the SHIP. The Council shall
not, however, have the authority to direct any public or
private entity to take specific action to implement the
SHIP.
(11) Upon the request of the Governor, to recommend to
the Governor candidates for Director of Public Health when
vacancies occur in the position.
(12) To adopt bylaws for the conduct of its own
business, including the authority to establish ad hoc

SB1688 - 29 - LRB101 09486 KTG 54584 b
committees to address specific public health programs
requiring resolution.
(13) (Blank).
Upon appointment, the Board shall elect a chairperson from
among its members.
Members of the Board shall receive compensation for their
services at the rate of $150 per day, not to exceed $10,000 per
year, as designated by the Director for each day required for
transacting the business of the Board and shall be reimbursed
for necessary expenses incurred in the performance of their
duties. The Board shall meet from time to time at the call of
the Department, at the call of the chairperson, or upon the
request of 3 of its members, but shall not meet less than 4
times per year.
(b) (Blank).
(c) An Advisory Board on Necropsy Service to Coroners,
which shall counsel and advise with the Director on the
administration of the Autopsy Act. The Advisory Board shall
consist of 11 members, including a senior citizen age 60 or
over, appointed by the Governor, one of whom shall be
designated as chairman by a majority of the members of the
Board. In the appointment of the first Board the Governor shall
appoint 3 members to serve for terms of 1 year, 3 for terms of 2
years, and 3 for terms of 3 years. The members first appointed
under Public Act 83-1538 shall serve for a term of 3 years. All
members appointed thereafter shall be appointed for terms of 3

SB1688 - 30 - LRB101 09486 KTG 54584 b
years, except that when an appointment is made to fill a
vacancy, the appointment shall be for the remaining term of the
position vacant. The members of the Board shall be citizens of
the State of Illinois. In the appointment of members of the
Advisory Board the Governor shall appoint 3 members who shall
be persons licensed to practice medicine and surgery in the
State of Illinois, at least 2 of whom shall have received
post-graduate training in the field of pathology; 3 members who
are duly elected coroners in this State; and 5 members who
shall have interest and abilities in the field of forensic
medicine but who shall be neither persons licensed to practice
any branch of medicine in this State nor coroners. In the
appointment of medical and coroner members of the Board, the
Governor shall invite nominations from recognized medical and
coroners organizations in this State respectively. Board
members, while serving on business of the Board, shall receive
actual necessary travel and subsistence expenses while so
serving away from their places of residence.
(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17.)
(20 ILCS 5/5-135 rep.)
(20 ILCS 5/5-165 rep.)
(20 ILCS 5/5-200 rep.)
(20 ILCS 5/5-220 rep.)
(20 ILCS 5/5-230 rep.)
(20 ILCS 5/5-310 rep.)

SB1688 - 31 - LRB101 09486 KTG 54584 b
(20 ILCS 5/5-355 rep.)
(20 ILCS 5/5-395 rep.)
Section 910. The Civil Administrative Code of Illinois is
amended by repealing Sections 5-135, 5-165, 5-200, 5-220,
5-230, 5-310, 5-355, and 5-395.
Section 915. The Illinois Act on the Aging is amended by
adding Section 1.1 as follows:
(20 ILCS 105/1.1 new)
Sec. 1.1. Department of Health and Human Services. In
accordance with Section 1.43 of the Statute on Statutes,
references to the Department on Aging are deemed to be
references to the Department of Health and Human Services and
references to the Director of Aging are deemed to be references
to the Secretary of Health and Human Services.
Section 920. The Department on Aging Law of the Civil
Administrative Code of Illinois is amended by changing the
heading of Article 110 and Sections 110-1 and 110-5 as follows:
(20 ILCS 110/Art. 110 heading)
ARTICLE 110. DEPARTMENT ON AGING
(20 ILCS 110/110-1)
Sec. 110-1. Article short title. This Article 110 of the

SB1688 - 32 - LRB101 09486 KTG 54584 b
Civil Administrative Code of Illinois may be cited as the
Department on Aging Law.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 110/110-5) (was 20 ILCS 110/69)
Sec. 110-5. Department on Aging; powers. The Department of
Health and Human Services on Aging shall exercise, administer,
and enforce all rights, powers, and duties formerly vested in
the Department on Aging by the Illinois Act on the Aging.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 925. The Substance Use Disorder Act is amended by
adding Section 1-3 as follows:
(20 ILCS 301/1-3 new)
Sec. 1-3. Department of Health and Human Services. In
accordance with Section 1.43 of the Statute on Statutes,
references to the Department of Human Services are deemed to be
references to the Department of Health and Human Services and
references to the Secretary of Human Services are deemed to be
references to the Secretary of Health and Human Services.
Section 930. The Department of Human Services (Alcoholism
and Substance Abuse) Law of the Civil Administrative Code of
Illinois is amended by changing the heading of Article 310 and
Sections 310-1 and 310-5 as follows:

SB1688 - 33 - LRB101 09486 KTG 54584 b
(20 ILCS 310/Art. 310 heading)
ARTICLE 310. SUBSTANCE USE DISORDERS
DEPARTMENT OF HUMAN SERVICES AS SUCCESSOR TO
DEPARTMENT OF ALCOHOLISM AND SUBSTANCE ABUSE
(20 ILCS 310/310-1)
Sec. 310-1. Article short title. This Article 310 of the
Civil Administrative Code of Illinois may be cited as the
Substance Use Disorder Department of Human Services
(Alcoholism and Substance Abuse) Law.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 310/310-5) (was 20 ILCS 5/9.29)
Sec. 310-5. Powers under certain Acts. The Department of
Health and Human Services, as successor to the Department of
Alcoholism and Substance Abuse, shall exercise, administer,
and enforce all rights, powers, and duties formerly vested in
the Department of Mental Health and Developmental Disabilities
and the Department of Human Services by the following named
Acts or Sections of those Acts as they pertain to the provision
of alcoholism services and the Dangerous Drugs Commission:
(1) The Cannabis Control Act.
(2) The Illinois Controlled Substances Act.
(3) The Community Mental Health Act.
(4) The Community Services Act.

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(5) The Methamphetamine Control and Community
Protection Act.
(Source: P.A. 94-556, eff. 9-11-05.)
Section 935. The Department of Human Services Act is
amended by changing Section 1-1 and by adding Section 1-3 as
follows:
(20 ILCS 1305/1-1)
Sec. 1-1. Short title. This Act may be cited as the
Department of Human Services Act.
(Source: P.A. 89-507, eff. 7-3-96.)
(20 ILCS 1305/1-3 new)
Sec. 1-3. Department of Health and Human Services. In
accordance with Section 1.43 of the Statute on Statutes,
references to the Department of Human Services are deemed to be
references to the Department of Health and Human Services and
references to the Secretary of Human Services are deemed to be
references to the Secretary of Health and Human Services.
Section 940. The Mental Health and Developmental
Disabilities Administrative Act is amended by adding Section
1.5 as follows:
(20 ILCS 1705/1.5 new)

SB1688 - 35 - LRB101 09486 KTG 54584 b
Sec. 1.5. Department of Health and Human Services. In
accordance with Section 1.43 of the Statute on Statutes,
references to the Department of Human Services are deemed to be
references to the Department of Health and Human Services and
references to the Secretary of Human Services are deemed to be
references to the Secretary of Health and Human Services.
Section 945. The Department of Human Services (Mental
Health and Developmental Disabilities) Law of the Civil
Administrative Code of Illinois is amended by changing the
heading of Article 1710 and Section 1710-1 and by adding
Section 1710-3 as follows:
(20 ILCS 1710/Art. 1710 heading)
ARTICLE 1710. DEPARTMENT OF HUMAN SERVICES
(AS SUCCESSOR TO DEPARTMENT OF
MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES )
(20 ILCS 1710/1710-1)
Sec. 1710-1. Article short title. This Article 1710 of the
Civil Administrative Code of Illinois may be cited as the
Department of Human Services (Mental Health and Developmental
Disabilities) Law.
(Source: P.A. 96-1000, eff. 7-2-10.)
(20 ILCS 1710/1710-3 new)

SB1688 - 36 - LRB101 09486 KTG 54584 b
Sec. 1710-3. Department of Health and Human Services. In
accordance with Section 1.43 of the Statute on Statutes,
references to the Department of Human Services are deemed to be
references to the Department of Health and Human Services and
references to the Secretary of Human Services are deemed to be
references to the Secretary of Health and Human Services.
Section 950. The Department of Healthcare and Family
Services Law of the Civil Administrative Code of Illinois is
amended by changing the heading of Article 2205 and Section
2205-1 and by adding Section 2205-3 as follows:
(20 ILCS 2205/Art. 2205 heading)
ARTICLE 2205. DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
(Source: P.A. 95-331, eff. 8-21-07.)
(20 ILCS 2205/2205-1)
Sec. 2205-1. Article short title. This Article 2205 of the
Civil Administrative Code of Illinois may be cited as the
Department of Healthcare and Family Services Law.
(Source: P.A. 95-331, eff. 8-21-07.)
(20 ILCS 2205/2205-3 new)
Sec. 2205-3. Department of Health and Human Services. In
accordance with Section 1.43 of the Statute on Statutes,
references to the Department of Healthcare and Family Services

SB1688 - 37 - LRB101 09486 KTG 54584 b
are deemed to be references to the Department of Health and
Human Services and references to the Director of Healthcare and
Family Services are deemed to be references to the Secretary of
Health and Human Services.
Section 955. The Rehabilitation of Persons with
Disabilities Act is amended by adding Section 0.05 as follows:
(20 ILCS 2405/0.05 new)
Sec. 0.05. Department of Health and Human Services. In
accordance with Section 1.43 of the Statute on Statutes,
references to the Department of Human Services are deemed to be
references to the Department of Health and Human Services and
references to the Secretary of Human Services are deemed to be
references to the Secretary of Health and Human Services.
Section 960. The Illinois Public Aid Code is amended by
changing Sections 2-12 and 2-12.5 as follows:
(305 ILCS 5/2-12) (from Ch. 23, par. 2-12)
Sec. 2-12. "Illinois Department"; "Department". In this
Code, "Illinois Department" or "Department", when a particular
entity is not specified, means the following:
(1) In the case of a function performed before July 1, 1997
(the effective date of the Department of Human Services Act),
the term means the Department of Public Aid.

SB1688 - 38 - LRB101 09486 KTG 54584 b
(2) In the case of a function to be performed on or after
July 1, 1997 and before July 1, 2020 under Article III, IV, VI,
IX, or IXA, the term means the Department of Human Services as
successor to the Illinois Department of Public Aid.
(3) In the case of a function to be performed on or after
July 1, 1997 and before July 1, 2020 under Article V, V-A, V-B,
V-C, V-D, V-E, X, XIV, or XV, the term means the Department of
Healthcare and Family Services (formerly Illinois Department
of Public Aid).
(4) In the case of a function to be performed on or after
July 1, 1997 and before July 1, 2020 under Article I, II,
VIIIA, XI, XII, or XIII, the term means the Department of Human
Services (acting as successor to the Illinois Department of
Public Aid) or the Department of Healthcare and Family Services
(formerly Illinois Department of Public Aid) or both, according
to whether that function, in the specific context, has been
allocated to the Department of Human Services or the Department
of Healthcare and Family Services (formerly Department of
Public Aid) or both of those departments.
(5) In the case of a function performed on or after July 1,
2020, the term means the Department of Health and Human
Services.
(Source: P.A. 95-331, eff. 8-21-07.)
(305 ILCS 5/2-12.5)
Sec. 2-12.5. "Director of the Illinois Department";

SB1688 - 39 - LRB101 09486 KTG 54584 b
"Director of the Department"; "Director". In this Code,
"Director of the Illinois Department", "Director of the
Department", or "Director", when a particular official is not
specified, means the following:
(1) In the case of a function performed before July 1, 1997
(the effective date of the Department of Human Services Act),
the term means the Director of Public Aid.
(2) In the case of a function to be performed on or after
July 1, 1997 and before July 1, 2020 under Article III, IV, VI,
IX, or IXA, the term means the Secretary of Human Services.
(3) In the case of a function to be performed on or after
July 1, 1997 and before July 1, 2020 under Article V, V-A, V-B,
V-C, V-D, V-E, X, XIV, or XV, the term means the Director of
Healthcare and Family Services (formerly Director of Public
Aid).
(4) In the case of a function to be performed on or after
July 1, 1997 and before July 1, 2020 under Article I, II,
VIIIA, XI, XII, or XIII, the term means the Secretary of Human
Services or the Director of Healthcare and Family Services
(formerly Director of Public Aid) or both, according to whether
that function, in the specific context, has been allocated to
the Department of Human Services or the Department of
Healthcare and Family Services (formerly Department of Public
Aid) or both of those departments.
(5) In the case of a function performed on or after July 1,
2020, the term means the Secretary of Health and Human

SB1688 - 40 - LRB101 09486 KTG 54584 b
Services.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 965. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 1-105 and
1-108 as follows:
(405 ILCS 5/1-105) (from Ch. 91 1/2, par. 1-105)
Sec. 1-105. "Department" means the Department of Health and
Human Services in its capacity as successor to the Department
of Human Services and the Department of Mental Health and
Developmental Disabilities. Unless the context otherwise
requires, direct or indirect references in this Code to the
programs, employees, facilities, service providers, or service
recipients of the Department shall be construed to refer only
to those programs, employees, facilities, service providers,
or service recipients of the Department that pertain to its
mental health and developmental disabilities functions.
(Source: P.A. 89-507, eff. 7-1-97.)
(405 ILCS 5/1-108) (from Ch. 91 1/2, par. 1-108)
Sec. 1-108. "Secretary" means the Secretary of Health and
Human Services.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 999. Effective date. This Act takes effect on July
1, 2020.
SB1688 - 41 - LRB101 09486 KTG 54584 b
INDEX
Statutes amended in order of appearance
New Act
5 ILCS 70/1.43 new
20 ILCS 5/1-5
20 ILCS 5/5-10 was 20 ILCS 5/2.1
20 ILCS 5/5-15 was 20 ILCS 5/3
20 ILCS 5/5-20 was 20 ILCS 5/4
20 ILCS 5/5-218 new
20 ILCS 5/5-352 new
20 ILCS 5/5-520 was 20 ILCS 5/6.27
20 ILCS 5/5-545 was 20 ILCS 5/6.04
20 ILCS 5/5-550 was 20 ILCS 5/6.23
20 ILCS 5/5-565 was 20 ILCS 5/6.06
20 ILCS 5/5-135 rep.
20 ILCS 5/5-165 rep.
20 ILCS 5/5-200 rep.
20 ILCS 5/5-220 rep.
20 ILCS 5/5-230 rep.
20 ILCS 5/5-310 rep.
20 ILCS 5/5-355 rep.
20 ILCS 5/5-395 rep.
20 ILCS 105/1.1 new
20 ILCS 110/Art. 110
heading
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