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Action Alert - 6/25/02

AFC Recaps 2002 HIV/AIDS Legislative Highlights

HIV Prevention Funding Reduced; ADAP Funding Protected

The Illinois General Assembly's 2002 spring legislative session, which adjourned recently, dealt with a record number of AIDS-related issues. The AIDS Foundation of Chicago (AFC) played a key role in pursuing sound AIDS-related funding and legislation, and has just released a recap of legislative highlights from this year's session. To view a detailed report about the HIV/AIDS issues addressed this year, click here.

Many thanks to the hundreds of Illinois AIDS advocates who called, visited, or wrote state lawmakers this year. Your efforts in the fight against AIDS are greatly appreciated.

2002 Budget: Issue: Final Outcome:
Prevention Funding The General Assembly appropriated $2.25 million in general revenue funds for HIV prevention programs targeting communities of color. Governor Ryan vetoed this appropriation and the Senate failed to override the veto, which means these funds will not be available in FY03.
AIDS Drug Assistance Program (ADAP) The General Assembly adequately funded ADAP by appropriating $7 million in state general revenue funds, which was the same amount as was originally appropriated in FY02. The budget passed and was signed by Gov. Ryan.
Hepatitis C Awareness and Testing The General Assembly maintained $250,000 in funding for Cook County programs focused on hepatitis C awareness and testing. Governor Ryan vetoed this appropriation and the Senate failed to override the veto, which means these funds will not be available in FY03.
100% Campaign The budget implementation bill eliminated a statutory requirement to raise the Medicaid spend-down threshold from 85% of the federal poverty level (FPL) to 100% FPL beginning July 1, 2002. The Illinois Department of Public Aid has issued a policy memorandum stating its intention to raise the Medicaid spend-down threshold to 100% FPL on July 1 despite the lack of a statutory requirement to do so.
Pharmaceutical Access for Medicaid Clients By exempting HIV drugs from a new policy that limits Medicaid beneficiaries to only four brand-name prescription drugs per month, lawmakers helped ensure that people with AIDS on Medicaid would continue to receive their HIV medications. The budget implementation bill was signed with protections for medications to treat HIV/AIDS through Medicaid.
Office of Rehabilitative Services (ORS) AFC and other disability rights organizations sought higher increases for ORS than those proposed by Governor Ryan in order to maintain current levels of service. Hundreds of home-bound people with AIDS receive homemaker services through ORS. Lawmakers approved a $40 million increase in funding for the ORS program, which was $26 million less than the program's projected need. State officials have pledged not to cut services, and it is expected that declining caseloads and the transition of clients from ORS to new senior programs will allow ORS to continue operating at its current funding level.
Family Care According to the FY03 state budget, Illinois should receive $40 million in federal funds to begin implementation of FamilyCare, a program that will provide Medicaid coverage to low-income parents of children covered by the state's KidCare program. The signed budget included the FamilyCare program. Implementation is expected to begin after July 1, 2002.
Revenue Enhancements Following months of advocacy by a coalition of human service advocacy groups called the "Emergency Campaign for a Fair Budget," lawmakers slowly began to consider revenue-generating alternatives to budget cuts. Nearly 200 groups joined the Campaign, including AFC, and worked to ensure that legislators consider the alternatives by writing letters, making phone calls, arranging editorial board meetings, and conducting legislator visits. In the end, legislators and the governor approved a hike in cigarette taxes ($230 million), in casino taxes ($135 million), and blocked a corporate tax break that would have accelerated declining revenues ($240 million). These revenue enhancements helped offset the damage done by severe state budget cuts to human services.


Non-budget Legislation: Issue: Final Outcome:
HIV Prevention: Senate Joint Resolution 58 (Senate sponsors: Rauschenberger, Syverson, Trotter, Ronen; House sponsors: Feigenholtz, Currie, Wirsing, Osmond, Miller) created the Commission on Medical Instruments, which will review scientific literature regarding sterile syringe availability for the purposes of public health promotion and HIV prevention. In addition, the Commission will advise the General Assembly on medically appropriate standards for sales of sterile syringe in Illinois. SJR 58 passed the Senate on April 18 and the House on May 9. The Illinois Department of Public Health is expected to convene the Commission soon.
Assistance for Inmates and Family Members House Bill 4115 was originally drafted to require mandatory HIV testing of all Illinois inmates and notification of their HIV status to their family members. In partnership with the ACLU and Howard Brown Health Center, AFC convinced Rep. Mary Flowers (D-Chicago), the bill's sponsor, to amend the bill to eliminate the testing and notification requirements. The bill was redrafted to require the state to develop a new HIV prevention education program targeted to both inmates and their families. HB 4115 passed the House Judiciary Committee – Criminal Issues on February 15, but was never called for a vote before the session adjourned, which effectively killed the bill.
Prior Authorization For Prescriptions Through Medicaid Lawmakers amended Senate Bill 2201 (Parker, R-Northfield) to include a provision to protect access to antiretroviral drugs for Medicaid recipients who need them. The amendment requires the state to conduct a study of the likely impact of the policy and report findings to the General Assembly before establishing a prior authorization requirement for antiretroviral medications. The amended version of SB 2201 passed the House on June 1 and the Senate on June 2. It is currently awaiting the governor's signature.
Pharmaceutical Access House Bill 4000 (Franks, D-Woodstock) limited Medicaid recipients to four brand-name drugs each month. The sponsor agreed to an amendment excluding antiretrovirals and other AIDS drugs from the restriction. The bill was heard in the House Aging Committee, where it did not receive enough votes for passage.
Internet Filters Two bills—House Bill 1215 and Senate Bill 698— were amended to include language requiring internet filters on all public library computers. AFC opposes requiring filters because they generally block access to HIV/AIDS prevention information. Each bill passed a single legislative chamber, but did not receive final approval before the session adjourned.
Human Rights House Bill 101 would prohibit discrimination in employment, housing, access to financial credit, and access to public accommodation based on sexual orientation. HB 101 passed the House on March 27, 2001, but was never called for a vote in the Senate.
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