Section 2.0: the Law, Regulations, Guidelines, and Program Priorities

Part I: Guidelines for Delegate Agency Program Management and Administration


The Illinois Department of Human Services has the primary responsibility in Illinois to receive and administer state and federal funds for family planning services. In this capacity, the IDHS Family Planning Program is guided by both Federal and State law, regulations, guidelines, program instructions and program priorities.

Law:

At the Federal level, Congress enacted the Family Planning Services and Populations Research Act of 1970 (Public Law 91-572), which added Title X, "Population Research and Voluntary Family Planning Programs" to the Public Health Service Act to enable persons voluntary access to family planning services. Section 1001 of the Act (as amended) authorizes grants to "assist in the establishment and operation of voluntary family planning projects which shall offer a broad range of acceptable and effective family planning methods and services (including natural family planning methods, infertility services and services for adolescents)." The mission of Title X is to provide individuals the information and means to exercise personal choice in determining the number and spacing of their children.

Illinois law addressing birth control services provided to minors is called the "Birth Control Services to Minors Act " (410 ILCS 305/) found under tab 6 "Federal and State Rules and Regulations."

Regulations:

The regulations governing Title X [42 CFR Part 59, Subpart A] set out the requirements of the Secretary, U.S. Department of Health and Human Services, for the provision of family planning services funded under Title X and implement the statute as authorized under Section 1001 of the Public Health Service Act.

Guidelines:

To interpret the law and regulations the US Department of Health and Human Service, Office of Public Health and Science, Office of Population Affairs (OPA), Office of Family Planning has issued Program Guidelines for Project Grants for Family Planning Services, revised in January 2001.

Program Instructional Memos:

To provide further clarification, interpretation and/or explanation of the law, regulations, guidelines or program changes, OPA will issue program instructional memos as needed. These memos, called Program Instruction Series are dated and catalogued serially each calendar year. The instructional guidance(s), and any corresponding attachments, are distributed to grantees for further distribution to delegate agencies.

Program Priorities:

Federal Program Priorities, which include Legislative Mandates and Key Issues, are revised annually and distributed to Grantees with their Notice of Grant Award (NOGA). IDHS prepares an annual work plan based on these priorities. Delegate agencies are required to address Priorities and Key Issues as identified in the IDHS annual grant application packet.

State Code:

In addition to Title X, the IDHS family planning program operates under policies and guidelines authorized by the State of Illinois through the Illinois' Family Planning Services Code (77 Illinois Adm. Code 635), implemented in 1991 with minor revisions in 1994. All funding sources used by the Illinois Family Planning Program are administered in accordance with Title X law and guidelines.

Copies of the Federal and State issued program requirements are included for reference and clarification as Tab 6 and additional program instructional guidance as Tab 7 of this manual.