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92_HB3491enr
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1 AN ACT relating to budget implementation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 FY2002 Budget Implementation (Human Services) Act.
6 Section 5. Purpose. It is the purpose and subject of
7 this Act to make the changes in State programs relating to
8 human services that are necessary to implement the State's
9 FY2002 budget.
10 Section 10. The Illinois Administrative Procedure Act is
11 amended by changing Section 5-45 as follows:
12 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
13 Sec. 5-45. Emergency rulemaking.
14 (a) "Emergency" means the existence of any situation
15 that any agency finds reasonably constitutes a threat to the
16 public interest, safety, or welfare.
17 (b) If any agency finds that an emergency exists that
18 requires adoption of a rule upon fewer days than is required
19 by Section 5-40 and states in writing its reasons for that
20 finding, the agency may adopt an emergency rule without prior
21 notice or hearing upon filing a notice of emergency
22 rulemaking with the Secretary of State under Section 5-70.
23 The notice shall include the text of the emergency rule and
24 shall be published in the Illinois Register. Consent orders
25 or other court orders adopting settlements negotiated by an
26 agency may be adopted under this Section. Subject to
27 applicable constitutional or statutory provisions, an
28 emergency rule becomes effective immediately upon filing
29 under Section 5-65 or at a stated date less than 10 days
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1 thereafter. The agency's finding and a statement of the
2 specific reasons for the finding shall be filed with the
3 rule. The agency shall take reasonable and appropriate
4 measures to make emergency rules known to the persons who may
5 be affected by them.
6 (c) An emergency rule may be effective for a period of
7 not longer than 150 days, but the agency's authority to adopt
8 an identical rule under Section 5-40 is not precluded. No
9 emergency rule may be adopted more than once in any 24 month
10 period, except that this limitation on the number of
11 emergency rules that may be adopted in a 24 month period does
12 not apply to (i) emergency rules that make additions to and
13 deletions from the Drug Manual under Section 5-5.16 of the
14 Illinois Public Aid Code or the generic drug formulary under
15 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
16 (ii) emergency rules adopted by the Pollution Control Board
17 before July 1, 1997 to implement portions of the Livestock
18 Management Facilities Act. Two or more emergency rules
19 having substantially the same purpose and effect shall be
20 deemed to be a single rule for purposes of this Section.
21 (d) In order to provide for the expeditious and timely
22 implementation of the State's fiscal year 1999 budget,
23 emergency rules to implement any provision of Public Act
24 90-587 or 90-588 or any other budget initiative for fiscal
25 year 1999 may be adopted in accordance with this Section by
26 the agency charged with administering that provision or
27 initiative, except that the 24-month limitation on the
28 adoption of emergency rules and the provisions of Sections
29 5-115 and 5-125 do not apply to rules adopted under this
30 subsection (d). The adoption of emergency rules authorized
31 by this subsection (d) shall be deemed to be necessary for
32 the public interest, safety, and welfare.
33 (e) In order to provide for the expeditious and timely
34 implementation of the State's fiscal year 2000 budget,
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1 emergency rules to implement any provision of this amendatory
2 Act of the 91st General Assembly or any other budget
3 initiative for fiscal year 2000 may be adopted in accordance
4 with this Section by the agency charged with administering
5 that provision or initiative, except that the 24-month
6 limitation on the adoption of emergency rules and the
7 provisions of Sections 5-115 and 5-125 do not apply to rules
8 adopted under this subsection (e). The adoption of emergency
9 rules authorized by this subsection (e) shall be deemed to be
10 necessary for the public interest, safety, and welfare.
11 (f) In order to provide for the expeditious and timely
12 implementation of the State's fiscal year 2001 budget,
13 emergency rules to implement any provision of this amendatory
14 Act of the 91st General Assembly or any other budget
15 initiative for fiscal year 2001 may be adopted in accordance
16 with this Section by the agency charged with administering
17 that provision or initiative, except that the 24-month
18 limitation on the adoption of emergency rules and the
19 provisions of Sections 5-115 and 5-125 do not apply to rules
20 adopted under this subsection (f). The adoption of emergency
21 rules authorized by this subsection (f) shall be deemed to be
22 necessary for the public interest, safety, and welfare.
23 (g) In order to provide for the expeditious and timely
24 implementation of the State's fiscal year 2002 budget,
25 emergency rules to implement any provision of this amendatory
26 Act of the 92nd General Assembly or any other budget
27 initiative for fiscal year 2002 may be adopted in accordance
28 with this Section by the agency charged with administering
29 that provision or initiative, except that the 24-month
30 limitation on the adoption of emergency rules and the
31 provisions of Sections 5-115 and 5-125 do not apply to rules
32 adopted under this subsection (g). The adoption of emergency
33 rules authorized by this subsection (g) shall be deemed to be
34 necessary for the public interest, safety, and welfare.
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1 (Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98; 90-588,
2 eff. 7-1-98; 91-24, eff. 7-1-99; 91-357, eff. 7-29-99;
3 91-712, eff. 7-1-00.)
4 Section 20. The State Finance Act is amended by changing
5 Section 6z-24 and adding Sections 5.549, 5.550, 5.551, 6z-52,
6 and 6z-53 as follows:
7 (30 ILCS 105/5.549 new)
8 Sec. 5.549. The Independent Academic Medical Center Fund.
9 (30 ILCS 105/5.550 new)
10 Sec. 5.550. The Drug Rebate Fund.
11 (30 ILCS 105/5.551 new)
12 Sec. 5.551. The Downstate Emergency Response Fund.
13 (30 ILCS 105/6z-24) (from Ch. 127, par. 142z-24)
14 Sec. 6z-24. There is created in the State Treasury the
15 Special Education Medicaid Matching Fund. All monies
16 received from the federal government due to expenditures by
17 local education agencies for educationally-related services
18 authorized under Section 1903 of the Social Security Act, as
19 amended, and for the administrative costs related thereto
20 shall be deposited in the Special Education Medicaid Matching
21 Fund. All monies received from the federal government due to
22 expenditures by local education agencies for
23 educationally-related services authorized under Section 2105
24 of the Social Security Act, as amended, shall be deposited in
25 the Special Education Medicaid Matching Fund.
26 The monies in the Special Education Medicaid Matching
27 Fund shall be held subject to appropriation by the General
28 Assembly to the State Board of Education or the Illinois
29 Department of Public Aid for distribution to school
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1 districts, pursuant to an interagency agreement between the
2 Illinois Department of Public Aid and the State Board of
3 Education or intergovernmental agreements between the
4 Illinois Department of Public Aid and individual local
5 education agencies, for eligible special education children
6 claims under Titles XIX and XXI of the Social Security Act.
7 (Source: P.A. 91-24, eff. 7-1-99; 91-266, eff. 7-23-99.)
8 (30 ILCS 105/6z-52 new)
9 Sec. 6z-52. Drug Rebate Fund.
10 (a) There is created in the State Treasury a special
11 fund to be known as the Drug Rebate Fund.
12 (b) The Fund is created for the purpose of receiving and
13 disbursing moneys in accordance with this Section.
14 Disbursements from the Fund shall be made, subject to
15 appropriation, only as follows:
16 (1) For payments to pharmacies for reimbursement
17 for prescription drugs provided to a recipient of aid
18 under Article V of the Illinois Public Aid Code or the
19 Children's Health Insurance Program Act.
20 (2) For reimbursement of moneys collected by the
21 Illinois Department of Public Aid through error or
22 mistake.
23 (3) For payments of any amounts that are
24 reimbursable to the federal government resulting from a
25 payment into this Fund.
26 (c) The Fund shall consist of the following:
27 (1) Upon notification from the Director of Public
28 Aid, the Comptroller shall direct and the Treasurer shall
29 transfer the net State share of all moneys received by
30 the Illinois Department of Public Aid from drug rebate
31 agreements with pharmaceutical manufacturers pursuant to
32 Title XIX of the federal Social Security Act, including
33 any portion of the balance in the Public Aid Recoveries
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1 Trust Fund on July 1, 2001 that is attributable to such
2 receipts.
3 (2) All federal matching funds received by the
4 Illinois Department as a result of expenditures made by
5 the Department that are attributable to moneys deposited
6 in the Fund.
7 (3) Any premium collected by the Illinois
8 Department from participants under a waiver approved by
9 the federal government relating to provision of
10 pharmaceutical services.
11 (4) All other moneys received for the Fund from any
12 other source, including interest earned thereon.
13 (30 ILCS 105/6z-53 new)
14 Sec. 6z-53. Downstate Emergency Response Fund.
15 (a) In this Section:
16 "Downstate county" means any county with a population of
17 less than 250,000 with a level I trauma center.
18 "Trauma center" has the same meaning as in the Emergency
19 Medical Services (EMS) Systems Act.
20 (b) The Downstate Emergency Response Fund is created as
21 a special fund in the State Treasury.
22 (c) The following moneys shall be deposited into the
23 Fund:
24 (1) Moneys appropriated by the General Assembly.
25 (2) Fees or other amounts paid to the Department of
26 Transportation for the use of an emergency helicopter for
27 the transportation of an individual to a trauma center
28 located in a downstate county or for any other medical
29 emergency response. The Department may adopt rules
30 establishing reasonable fees and other amounts to be paid
31 for the use of such helicopters and may collect those
32 fees and other amounts.
33 (3) Gifts, grants, other appropriations, or any
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1 other moneys designated for deposit into the Fund.
2 (d) Subject to appropriation, moneys in the Fund shall
3 be used for the following purposes:
4 (1) By the Department of Transportation to
5 purchase, lease, maintain, and operate helicopters,
6 including payment of any costs associated with personnel
7 or other expenses necessary for the maintenance or
8 operation of such helicopters, (A) for emergency response
9 transportation of individuals to trauma centers located
10 in downstate counties and (B) to support law enforcement,
11 disaster response, and other medical emergency response.
12 Moneys appropriated from the Fund for these purposes
13 shall be in addition to any other moneys used for these
14 purposes.
15 (2) By the Department of Public Aid for medical
16 assistance under Article V of the Illinois Public Aid
17 Code.
18 Section 25. The Excellence in Academic Medicine Act is
19 amended by changing Sections 15, 20, 60, and 65 and adding
20 Section 35 as follows:
21 (30 ILCS 775/15)
22 Sec. 15. Definitions. As used in this Act:
23 "Academic medical center hospital" means a hospital
24 located in Illinois which is either (i) under common
25 ownership with the college of medicine of a college or
26 university or (ii) a free-standing hospital in which the
27 majority of the clinical chiefs of service are department
28 chairmen in an affiliated medical school.
29 "Academic medical center children's hospital" means a
30 children's hospital which is separately incorporated and
31 non-integrated into the academic medical center hospital but
32 which is the pediatric partner for an academic medical center
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1 hospital and which serves as the primary teaching hospital
2 for pediatrics for its affiliated medical school; children's
3 hospitals which are separately incorporated but integrated
4 into the academic medical center hospital are considered part
5 of the academic medical center hospital.
6 "Chicago Medicare Metropolitan Statistical Area academic
7 medical center hospital" means an academic medical center
8 hospital located in the Chicago Medicare Metropolitan
9 Statistical Area.
10 "Independent academic medical center hospital" means the
11 primary teaching hospital for the University of Illinois at
12 Urbana.
13 "Non-Chicago Medicare Metropolitan Statistical Area
14 academic medical center hospital" means an academic medical
15 center hospital located outside the Chicago Medicare
16 Metropolitan Statistical Area.
17 "Qualified Chicago Medicare Metropolitan Statistical Area
18 academic medical center hospital" means any Chicago Medicare
19 Metropolitan Statistical Area academic medical center
20 hospital that either directly or in connection with its
21 affiliated medical school receives in excess of $8,000,000 in
22 grants or contracts from the National Institutes of Health
23 during the calendar year preceding the beginning of the State
24 fiscal year; except that for the purposes of Section 25, the
25 term also includes the entity specified in subsection (e) of
26 that Section.
27 "Qualified Non-Chicago Medicare Metropolitan Statistical
28 Area academic medical center hospital" means the primary
29 teaching hospital for the University of Illinois School of
30 Medicine at Peoria and the primary teaching hospital for the
31 University of Illinois School of Medicine at Rockford and the
32 primary teaching hospitals for Southern Illinois University
33 School of Medicine in Springfield.
34 "Qualified academic medical center hospital" means (i) a
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1 qualified Chicago Medicare Metropolitan Statistical Area
2 academic medical center hospital, (ii) a qualified
3 Non-Chicago Medicare Metropolitan Statistical Area academic
4 medical center hospital, or (iii) an academic medical center
5 children's hospital.
6 "Qualified programs" include:
7 (i) Thoracic Transplantation: heart and lung, in
8 particular;
9 (ii) Cancer: particularly biologic modifiers of
10 tumor response, and mechanisms of drug resistance in
11 cancer therapy;
12 (iii) Shock/Burn: development of biological
13 alternatives to skin for grafting in burn injury, and
14 research in mechanisms of shock and tissue injury in
15 severe injury;
16 (iv) Abdominal transplantation: kidney, liver,
17 pancreas, and development of islet cell and small bowel
18 transplantation technologies;
19 (v) Minimally invasive surgery: particularly
20 laparoscopic surgery;
21 (vi) High performance medical computing:
22 telemedicine and teleradiology;
23 (vii) Transmyocardial laser revascularization: a
24 laser creates holes in heart muscles to allow new blood
25 flow;
26 (viii) Pet scanning: viewing how organs function
27 (CT and MRI only allow viewing of the structure of an
28 organ);
29 (ix) Strokes in the African-American community:
30 particularly risk factors for cerebral vascular accident
31 (strokes) in the African-American community at much
32 higher risk than the general population;
33 (x) Neurosurgery: particularly focusing on
34 interventional neuroradiology;
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1 (xi) Comprehensive eye center: including further
2 development in pediatric eye trauma;
3 (xii) Cancers: particularly melanoma, head and
4 neck;
5 (xiii) Pediatric cancer;
6 (xiv) Invasive pediatric cardiology;
7 (xv) Pediatric organ transplantation:
8 transplantation of solid organs, marrow, and other stem
9 cells; and
10 (xvi) Such other programs as may be identified.
11 (Source: P.A. 89-506, eff. 7-3-96.)
12 (30 ILCS 775/20)
13 Sec. 20. Establishment of Funds.
14 (a) The Medical Research and Development Fund is created
15 in the State Treasury to which the General Assembly may from
16 time to time appropriate funds and from which the Comptroller
17 shall pay amounts as authorized by law.
18 (i) The following accounts are created in the
19 Medical Research and Development Fund: The National
20 Institutes of Health Account; the Philanthropic Medical
21 Research Account; and the Market Medical Research
22 Account.
23 (ii) Funds appropriated to the Medical Research and
24 Development Fund shall be assigned in equal amounts to
25 each account within the Fund, subject to transferability
26 of funds under subsection (c) of Section 25.
27 (b) The Post-Tertiary Clinical Services Fund is created
28 in the State Treasury to which the General Assembly may from
29 time to time appropriate funds and from which the Comptroller
30 shall pay amounts as authorized by law.
31 (c) The Independent Academic Medical Center Fund is
32 created as a special fund in the State Treasury, to which the
33 General Assembly shall from time to time appropriate funds
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1 for the purposes of the Independent Academic Medical Center
2 Program. The amount appropriated for any fiscal year after
3 2002 shall not be less than the amount appropriated for
4 fiscal year 2002. The State Comptroller shall pay amounts
5 from the Fund as authorized by law.
6 (Source: P.A. 89-506, eff. 7-3-96.)
7 (30 ILCS 775/35 new)
8 Sec. 35. Independent Academic Medical Center Program.
9 There is created an Independent Academic Medical Center
10 Program to provide incentives to develop and enhance the
11 independent academic medical center hospital. In each State
12 fiscal year, beginning in fiscal year 2002, the independent
13 academic medical center hospital shall receive funding under
14 the Program, equal to the full amount appropriated for that
15 purpose for that fiscal year. In each fiscal year, one
16 quarter of the amount payable to the independent academic
17 medical center hospital shall be paid on the fifteenth
18 working day after July 1, October 1, January 1, and March 1.
19 (30 ILCS 775/60)
20 Sec. 60. Restriction on funds. No academic medical
21 center hospital shall be eligible for payments from the
22 Medical Research and Development Fund unless the academic
23 medical center hospital qualifies under Section 15 as a
24 qualified Chicago Medicare Metropolitan Statistical Area
25 academic medical center hospital which in connection with its
26 affiliated medical school received at least $8,000,000 in the
27 preceding calendar year in grants or contracts from the
28 National Institutes of Health; except that this restriction
29 does not apply to the entity specified in subsection (e) of
30 Section 25.
31 If a hospital is eligible for funds from the Independent
32 Academic Medical Center Fund, that hospital shall not receive
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1 funds from the Medical Research and Development Fund or the
2 Post-Tertiary Clinical Services Fund. If a hospital receives
3 funds from the Medical Research and Development Fund or the
4 Post-Tertiary Clinical Services Fund, that hospital is
5 ineligible to receive funds from the Independent Academic
6 Medical Center Fund.
7 (Source: P.A. 89-506, eff. 7-3-96.)
8 (30 ILCS 775/65)
9 Sec. 65. Reporting requirements. On or before May 1 of
10 each year, the chief executive officer of each Qualified
11 Academic Medical Center Hospital shall submit a report to the
12 Comptroller regarding the effects of the programs authorized
13 by this Act. The report shall also report the total amount
14 of grants from and contracts with the National Institutes of
15 Health in the preceding calendar year. It shall assess
16 whether the programs funded are likely to be successful,
17 require further study, or no longer appear to be promising
18 avenues of research. It shall discuss the probable use of
19 the developmental program in mainstream medicine including
20 both cost impact and medical effect. The report shall
21 address the effects the programs may have on containing Title
22 XIX and Title XXI costs in Illinois. The Comptroller shall
23 immediately forward the report to the Director of Public Aid
24 and the Director of Public Health who shall evaluate the
25 contents in a letter submitted to the President of the Senate
26 and the Speaker of the House of Representatives.
27 (Source: P.A. 89-506, eff. 7-3-96.)
28 Section 30. The Illinois Public Aid Code is amended by
29 changing Sections 5-5.4, 12-4.34, and 12-9 and adding Section
30 5-5.12a as follows:
31 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
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1 Sec. 5-5.4. Standards of Payment - Department of Public
2 Aid. The Department of Public Aid shall develop standards of
3 payment of skilled nursing and intermediate care services in
4 facilities providing such services under this Article which:
5 (1) Provides for the determination of a facility's
6 payment for skilled nursing and intermediate care services on
7 a prospective basis. The amount of the payment rate for all
8 nursing facilities certified under the medical assistance
9 program shall be prospectively established annually on the
10 basis of historical, financial, and statistical data
11 reflecting actual costs from prior years, which shall be
12 applied to the current rate year and updated for inflation,
13 except that the capital cost element for newly constructed
14 facilities shall be based upon projected budgets. The
15 annually established payment rate shall take effect on July 1
16 in 1984 and subsequent years. Rate increases shall be
17 provided annually thereafter on July 1 in 1984 and on each
18 subsequent July 1 in the following years, except that no rate
19 increase and no update for inflation shall be provided on or
20 after July 1, 1994 and before July 1, 2001, unless
21 specifically provided for in this Section.
22 For facilities licensed by the Department of Public
23 Health under the Nursing Home Care Act as Intermediate Care
24 for the Developmentally Disabled facilities or Long Term Care
25 for Under Age 22 facilities, the rates taking effect on July
26 1, 1998 shall include an increase of 3%. For facilities
27 licensed by the Department of Public Health under the Nursing
28 Home Care Act as Skilled Nursing facilities or Intermediate
29 Care facilities, the rates taking effect on July 1, 1998
30 shall include an increase of 3% plus $1.10 per resident-day,
31 as defined by the Department.
32 For facilities licensed by the Department of Public
33 Health under the Nursing Home Care Act as Intermediate Care
34 for the Developmentally Disabled facilities or Long Term Care
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1 for Under Age 22 facilities, the rates taking effect on July
2 1, 1999 shall include an increase of 1.6% plus $3.00 per
3 resident-day, as defined by the Department. For facilities
4 licensed by the Department of Public Health under the Nursing
5 Home Care Act as Skilled Nursing facilities or Intermediate
6 Care facilities, the rates taking effect on July 1, 1999
7 shall include an increase of 1.6% and, for services provided
8 on or after October 1, 1999, shall be increased by $4.00 per
9 resident-day, as defined by the Department.
10 For facilities licensed by the Department of Public
11 Health under the Nursing Home Care Act as Intermediate Care
12 for the Developmentally Disabled facilities or Long Term Care
13 for Under Age 22 facilities, the rates taking effect on July
14 1, 2000 shall include an increase of 2.5% per resident-day,
15 as defined by the Department. For facilities licensed by the
16 Department of Public Health under the Nursing Home Care Act
17 as Skilled Nursing facilities or Intermediate Care
18 facilities, the rates taking effect on July 1, 2000 shall
19 include an increase of 2.5% per resident-day, as defined by
20 the Department.
21 For facilities licensed by the Department of Public
22 Health under the Nursing Home Care Act as Intermediate Care
23 for the Developmentally Disabled facilities or Long Term Care
24 for Under Age 22 facilities, the rates taking effect on March
25 1, 2001 shall include a statewide increase of 7.85%, as
26 defined by the Department.
27 For facilities licensed by the Department of Public
28 Health under the Nursing Home Care Act as Intermediate Care
29 for the Developmentally Disabled facilities or Long Term Care
30 for Under Age 22 facilities, the rates taking effect on April
31 1, 2002 shall include a statewide increase of 2.0%, as
32 defined by the Department.
33 Rates established effective each July 1 shall govern
34 payment for services rendered throughout that fiscal year,
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1 except that rates established on July 1, 1996 shall be
2 increased by 6.8% for services provided on or after January
3 1, 1997. Such rates will be based upon the rates calculated
4 for the year beginning July 1, 1990, and for subsequent years
5 thereafter shall be based on the facility cost reports for
6 the facility fiscal year ending at any point in time during
7 the previous calendar year, updated to the midpoint of the
8 rate year. The cost report shall be on file with the
9 Department no later than April 1 of the current rate year.
10 Should the cost report not be on file by April 1, the
11 Department shall base the rate on the latest cost report
12 filed by each skilled care facility and intermediate care
13 facility, updated to the midpoint of the current rate year.
14 In determining rates for services rendered on and after July
15 1, 1985, fixed time shall not be computed at less than zero.
16 The Department shall not make any alterations of regulations
17 which would reduce any component of the Medicaid rate to a
18 level below what that component would have been utilizing in
19 the rate effective on July 1, 1984.
20 (2) Shall take into account the actual costs incurred by
21 facilities in providing services for recipients of skilled
22 nursing and intermediate care services under the medical
23 assistance program.
24 (3) Shall take into account the medical and
25 psycho-social characteristics and needs of the patients.
26 (4) Shall take into account the actual costs incurred by
27 facilities in meeting licensing and certification standards
28 imposed and prescribed by the State of Illinois, any of its
29 political subdivisions or municipalities and by the U.S.
30 Department of Health and Human Services pursuant to Title XIX
31 of the Social Security Act.
32 The Department of Public Aid shall develop precise
33 standards for payments to reimburse nursing facilities for
34 any utilization of appropriate rehabilitative personnel for
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1 the provision of rehabilitative services which is authorized
2 by federal regulations, including reimbursement for services
3 provided by qualified therapists or qualified assistants, and
4 which is in accordance with accepted professional practices.
5 Reimbursement also may be made for utilization of other
6 supportive personnel under appropriate supervision.
7 (Source: P.A. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98; 91-24,
8 eff. 7-1-99; 91-712, eff. 7-1-00.)
9 (305 ILCS 5/5-5.12a new)
10 Sec. 5-5.12a. Title XIX waiver; pharmacy assistance
11 program. The Illinois Department may seek a waiver of
12 otherwise applicable requirements of Title XIX of the federal
13 Social Security Act in order to claim federal financial
14 participation for a pharmacy assistance program for persons
15 aged 65 and over with income levels at or less than 250% of
16 the federal poverty level. The Illinois Department may
17 provide by rule for all other requirements of the program,
18 including cost sharing, as permitted by an approved waiver
19 and without regard to any provision of this Code to the
20 contrary. The benefits may be no more restrictive than the
21 Pharmacy Assistance Program in effect on May 31, 2001.
22 Benefits provided under the waiver are subject to
23 appropriation.
24 The Illinois Department may not implement the waiver
25 until cost neutrality is demonstrated for the State relative
26 to the final Pharmacy Assistance Program appropriation for
27 the fiscal year beginning July 1, 2001. Implementation of
28 the waiver shall terminate on June 30, 2007.
29 (305 ILCS 5/12-4.34)
30 (Section scheduled to be repealed on August 31, 2001)
31 Sec. 12-4.34. Services to noncitizens.
32 (a) Subject to specific appropriation for this purpose
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1 and notwithstanding Sections 1-11 and 3-1 of this Code, the
2 Department of Human Services is authorized to provide
3 services to legal immigrants, including but not limited to
4 naturalization and nutrition services and financial
5 assistance. The nature of these services, payment levels,
6 and eligibility conditions shall be determined by rule.
7 (b) The Illinois Department is authorized to lower the
8 payment levels established under this subsection or take such
9 other actions during the fiscal year as are necessary to
10 ensure that payments under this subsection do not exceed the
11 amounts appropriated for this purpose. These changes may be
12 accomplished by emergency rule under Section 5-45 of the
13 Illinois Administrative Procedure Act, except that the
14 limitation on the number of emergency rules that may be
15 adopted in a 24-month period shall not apply.
16 (c) This Section is repealed on August 31, 2002 2001.
17 (Source: P.A. 90-564, eff. 12-22-97; 90-588, eff. 7-1-98;
18 91-24, eff. 7-1-99; 91-712, eff. 7-1-00.)
19 (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
20 Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The
21 Public Aid Recoveries Trust Fund shall consist of (1)
22 recoveries by the Illinois Department of Public Aid
23 authorized by this Code in respect to applicants or
24 recipients under Articles III, IV, V, and VI, including
25 recoveries made by the Illinois Department of Public Aid from
26 the estates of deceased recipients, (2) recoveries made by
27 the Illinois Department of Public Aid in respect to
28 applicants and recipients under the Children's Health
29 Insurance Program, and (3) federal funds received on behalf
30 of and earned by local governmental entities for services
31 provided to applicants or recipients covered under this Code.
32 to the State Disbursement Unit established under Section
33 10-26 of this Code or The Fund shall be held as a special
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1 fund in the State Treasury.
2 Disbursements from this Fund shall be only (1) for the
3 reimbursement of claims collected by the Illinois Department
4 of Public Aid through error or mistake, (2) for payment to
5 persons or agencies designated as payees or co-payees on any
6 instrument, whether or not negotiable, delivered to the
7 Illinois Department of Public Aid as a recovery under this
8 Section, such payment to be in proportion to the respective
9 interests of the payees in the amount so collected, (3) for
10 payments to the Department of Human Services for collections
11 made by the Illinois Department of Public Aid on behalf of
12 the Department of Human Services under this Code, (4) from
13 the State Disbursement Unit Revolving Fund under Section
14 12-8.1 of this Code or for payment of administrative expenses
15 incurred in performing the activities authorized under this
16 Code, (5) for payment of fees to persons or agencies in the
17 performance of activities pursuant to the collection of
18 monies owed the State that are collected under this Code, (6)
19 for payments of any amounts which are reimbursable to the
20 federal government which are required to be paid by State
21 warrant by either the State or federal government, and (7)
22 for payments to local governmental entities of federal funds
23 for services provided to applicants or recipients covered
24 under this Code. Disbursements from this Fund for purposes
25 of items (4) and (5) of this paragraph shall be subject to
26 appropriations from the Fund to the Illinois Department of
27 Public Aid.
28 The balance in this Fund on the first day of each
29 calendar quarter, after payment therefrom of any amounts
30 reimbursable to the federal government, and minus the amount
31 reasonably anticipated to be needed to make the disbursements
32 during that quarter authorized by this Section, shall be
33 certified by the Director of the Illinois Department of
34 Public Aid and transferred by the State Comptroller to the
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1 Drug Rebate Fund or the General Revenue Fund in the State
2 Treasury, as appropriate, within 30 days of the first day of
3 each calendar quarter.
4 On July 1, 1999, the State Comptroller shall transfer the
5 sum of $5,000,000 from the Public Aid Recoveries Trust Fund
6 (formerly the Public Assistance Recoveries Trust Fund) into
7 the DHS Recoveries Trust Fund.
8 (Source: P.A. 90-255, eff. 1-1-98; 91-24, eff. 7-1-99;
9 91-212, eff. 7-20-99; revised 9-28-99.)
10 Section 35. The Senior Citizens and Disabled Persons
11 Property Tax Relief and Pharmaceutical Assistance Act is
12 amended by changing Section 3.15 as follows:
13 (320 ILCS 25/3.15) (from Ch. 67 1/2, par. 403.15)
14 Sec. 3.15. "Covered prescription drug" means (1) any
15 cardiovascular agent or drug; (2) any insulin or other
16 prescription drug used in the treatment of diabetes,
17 including syringe and needles used to administer the insulin;
18 (3) any prescription drug used in the treatment of arthritis,
19 (4) beginning on January 1, 2001, any prescription drug used
20 in the treatment of cancer, (5) beginning on January 1, 2001,
21 any prescription drug used in the treatment of Alzheimer's
22 disease, (6) beginning on January 1, 2001, any prescription
23 drug used in the treatment of Parkinson's disease, (7)
24 beginning on January 1, 2001, any prescription drug used in
25 the treatment of glaucoma, and (8) beginning on January 1,
26 2001, any prescription drug used in the treatment of lung
27 disease and smoking related illnesses, and (9) beginning on
28 July 1, 2001, any prescription drug used in the treatment of
29 osteoporosis. The specific agents or products to be included
30 under such categories shall be listed in a handbook to be
31 prepared and distributed by the Department. The general
32 types of covered prescription drugs shall be indicated by
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1 rule. The Department of Public Health shall promulgate a
2 list of covered prescription drugs under this program that
3 meet the definition of a narrow therapeutic index drug as
4 described in subsection (f) of Section 4.
5 (Source: P.A. 91-699, eff. 1-1-01.)
6 Section 40. The Early Intervention Services System Act
7 is amended by changing Sections 11 and 13 as follows:
8 (325 ILCS 20/11) (from Ch. 23, par. 4161)
9 Sec. 11. Individualized Family Service Plans. Each
10 eligible infant or toddler and that infant's or toddler's
11 family shall receive:
12 (a) timely, comprehensive, multidisciplinary
13 assessment of the unique needs of each eligible infant
14 and toddler, and assessment of the concerns and
15 priorities of the families to appropriately assist them
16 in meeting their needs and identify services to meet
17 those needs; and
18 (b) a written Individualized Family Service Plan
19 developed by a multidisciplinary team which includes the
20 parent or guardian.
21 The Individualized Family Service Plan shall be evaluated
22 once a year and the family shall be provided a review of the
23 Plan at 6 month intervals or more often where appropriate
24 based on infant or toddler and family needs. The lead agency
25 shall create a quality review process regarding
26 Individualized Family Service Plan development and changes
27 thereto, to monitor and help assure that resources are being
28 used to provide appropriate early intervention services.
29 The evaluation and initial assessment and initial Plan
30 meeting must be held within 45 days after the initial contact
31 with the early intervention services system. With parental
32 consent, early intervention services may commence before the
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1 completion of the comprehensive assessment and development of
2 the Plan.
3 Parents must be informed that, at their discretion, early
4 intervention services shall be provided to each eligible
5 infant and toddler in the natural environment, which may
6 include the home or other community settings. Parents shall
7 make the final decision to accept or decline early
8 intervention services. A decision to decline such services
9 shall not be a basis for administrative determination of
10 parental fitness, or other findings or sanctions against the
11 parents. Parameters of the Plan shall be set forth in rules.
12 (Source: P.A. 91-538, eff. 8-13-99.)
13 (325 ILCS 20/13) (from Ch. 23, par. 4163)
14 Sec. 13. Funding and Fiscal Responsibility. The lead
15 agency and every other participating State agency may receive
16 and expend funds appropriated by the General Assembly to
17 implement the early intervention services system as required
18 by this Act.
19 The lead agency and each participating State agency shall
20 identify and report on an annual basis to the Council the
21 State agency funds utilized for the provision of early
22 intervention services to eligible infants and toddlers.
23 Funds provided under Section 633 of the Individuals with
24 Disabilities Education Act (20 United States Code 1433) may
25 not be used to satisfy a financial commitment for services
26 which would have been paid for from another public or private
27 source but for the enactment of this Act, except whenever
28 considered necessary to prevent delay in receiving
29 appropriate early intervention services by the eligible
30 infant or toddler or family in a timely manner. "Public or
31 private source" includes public and private insurance
32 coverage.
33 Funds provided under Section 633 of the Individuals with
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1 Disabilities Education Act may be used by the lead agency to
2 pay the provider of services pending reimbursement from the
3 appropriate state agency.
4 Nothing in this Act shall be construed to permit the
5 State to reduce medical or other assistance available or to
6 alter eligibility under Title V and Title XIX of the Social
7 Security Act relating to the Maternal Child Health Program
8 and Medicaid for eligible infants and toddlers in this State.
9 The lead agency shall create a central billing office to
10 receive and dispense all relevant State and federal
11 resources, as well as local government or independent
12 resources available, for early intervention services. This
13 office shall assure that maximum federal resources are
14 utilized and that providers receive funds with minimal
15 duplications or interagency reporting and with consolidated
16 audit procedures.
17 The lead agency shall may also create a system of
18 payments by families, including a schedule of fees. No fees,
19 however, may be charged for: implementing child find,
20 evaluation and assessment, service coordination,
21 administrative and coordination activities related to the
22 development, review, and evaluation of Individualized Family
23 Service Plans, or the implementation of procedural safeguards
24 and other administrative components of the statewide early
25 intervention system.
26 (Source: P.A. 91-538, eff. 8-13-99.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.
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