[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
92_HB3491sam001
SRS92HB3491DLspam01
1 AMENDMENT TO HOUSE BILL 3491
2 AMENDMENT NO. . Amend House Bill 3491 by replacing
3 the title with the following:
4 "AN ACT relating to budget implementation."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 FY2002 Budget Implementation (Human Services) Act.
9 Section 5. Purpose. It is the purpose and subject of
10 this Act to make the changes in State programs relating to
11 human services that are necessary to implement the State's
12 FY2002 budget.
13 Section 10. The Illinois Administrative Procedure Act is
14 amended by changing Section 5-45 as follows:
15 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
16 Sec. 5-45. Emergency rulemaking.
17 (a) "Emergency" means the existence of any situation
18 that any agency finds reasonably constitutes a threat to the
19 public interest, safety, or welfare.
-2- SRS92HB3491DLspam01
1 (b) If any agency finds that an emergency exists that
2 requires adoption of a rule upon fewer days than is required
3 by Section 5-40 and states in writing its reasons for that
4 finding, the agency may adopt an emergency rule without prior
5 notice or hearing upon filing a notice of emergency
6 rulemaking with the Secretary of State under Section 5-70.
7 The notice shall include the text of the emergency rule and
8 shall be published in the Illinois Register. Consent orders
9 or other court orders adopting settlements negotiated by an
10 agency may be adopted under this Section. Subject to
11 applicable constitutional or statutory provisions, an
12 emergency rule becomes effective immediately upon filing
13 under Section 5-65 or at a stated date less than 10 days
14 thereafter. The agency's finding and a statement of the
15 specific reasons for the finding shall be filed with the
16 rule. The agency shall take reasonable and appropriate
17 measures to make emergency rules known to the persons who may
18 be affected by them.
19 (c) An emergency rule may be effective for a period of
20 not longer than 150 days, but the agency's authority to adopt
21 an identical rule under Section 5-40 is not precluded. No
22 emergency rule may be adopted more than once in any 24 month
23 period, except that this limitation on the number of
24 emergency rules that may be adopted in a 24 month period does
25 not apply to (i) emergency rules that make additions to and
26 deletions from the Drug Manual under Section 5-5.16 of the
27 Illinois Public Aid Code or the generic drug formulary under
28 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
29 (ii) emergency rules adopted by the Pollution Control Board
30 before July 1, 1997 to implement portions of the Livestock
31 Management Facilities Act. Two or more emergency rules
32 having substantially the same purpose and effect shall be
33 deemed to be a single rule for purposes of this Section.
34 (d) In order to provide for the expeditious and timely
-3- SRS92HB3491DLspam01
1 implementation of the State's fiscal year 1999 budget,
2 emergency rules to implement any provision of Public Act
3 90-587 or 90-588 or any other budget initiative for fiscal
4 year 1999 may be adopted in accordance with this Section by
5 the agency charged with administering that provision or
6 initiative, except that the 24-month limitation on the
7 adoption of emergency rules and the provisions of Sections
8 5-115 and 5-125 do not apply to rules adopted under this
9 subsection (d). The adoption of emergency rules authorized
10 by this subsection (d) shall be deemed to be necessary for
11 the public interest, safety, and welfare.
12 (e) In order to provide for the expeditious and timely
13 implementation of the State's fiscal year 2000 budget,
14 emergency rules to implement any provision of this amendatory
15 Act of the 91st General Assembly or any other budget
16 initiative for fiscal year 2000 may be adopted in accordance
17 with this Section by the agency charged with administering
18 that provision or initiative, except that the 24-month
19 limitation on the adoption of emergency rules and the
20 provisions of Sections 5-115 and 5-125 do not apply to rules
21 adopted under this subsection (e). The adoption of emergency
22 rules authorized by this subsection (e) shall be deemed to be
23 necessary for the public interest, safety, and welfare.
24 (f) In order to provide for the expeditious and timely
25 implementation of the State's fiscal year 2001 budget,
26 emergency rules to implement any provision of this amendatory
27 Act of the 91st General Assembly or any other budget
28 initiative for fiscal year 2001 may be adopted in accordance
29 with this Section by the agency charged with administering
30 that provision or initiative, except that the 24-month
31 limitation on the adoption of emergency rules and the
32 provisions of Sections 5-115 and 5-125 do not apply to rules
33 adopted under this subsection (f). The adoption of emergency
34 rules authorized by this subsection (f) shall be deemed to be
-4- SRS92HB3491DLspam01
1 necessary for the public interest, safety, and welfare.
2 (g) In order to provide for the expeditious and timely
3 implementation of the State's fiscal year 2002 budget,
4 emergency rules to implement any provision of this amendatory
5 Act of the 92nd General Assembly or any other budget
6 initiative for fiscal year 2002 may be adopted in accordance
7 with this Section by the agency charged with administering
8 that provision or initiative, except that the 24-month
9 limitation on the adoption of emergency rules and the
10 provisions of Sections 5-115 and 5-125 do not apply to rules
11 adopted under this subsection (g). The adoption of emergency
12 rules authorized by this subsection (g) shall be deemed to be
13 necessary for the public interest, safety, and welfare.
14 (Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98; 90-588,
15 eff. 7-1-98; 91-24, eff. 7-1-99; 91-357, eff. 7-29-99;
16 91-712, eff. 7-1-00.)
17 Section 20. The State Finance Act is amended by changing
18 Section 6z-24 and adding Sections 5.549, 5.550, 5.551, 6z-52,
19 and 6z-53 as follows:
20 (30 ILCS 105/5.549 new)
21 Sec. 5.549. The Independent Academic Medical Center Fund.
22 (30 ILCS 105/5.550 new)
23 Sec. 5.550. The Drug Rebate Fund.
24 (30 ILCS 105/5.551 new)
25 Sec. 5.551. The Downstate Emergency Response Fund.
26 (30 ILCS 105/6z-24) (from Ch. 127, par. 142z-24)
27 Sec. 6z-24. There is created in the State Treasury the
28 Special Education Medicaid Matching Fund. All monies
29 received from the federal government due to expenditures by
-5- SRS92HB3491DLspam01
1 local education agencies for educationally-related services
2 authorized under Section 1903 of the Social Security Act, as
3 amended, and for the administrative costs related thereto
4 shall be deposited in the Special Education Medicaid Matching
5 Fund. All monies received from the federal government due to
6 expenditures by local education agencies for
7 educationally-related services authorized under Section 2105
8 of the Social Security Act, as amended, shall be deposited in
9 the Special Education Medicaid Matching Fund.
10 The monies in the Special Education Medicaid Matching
11 Fund shall be held subject to appropriation by the General
12 Assembly to the State Board of Education or the Illinois
13 Department of Public Aid for distribution to school
14 districts, pursuant to an interagency agreement between the
15 Illinois Department of Public Aid and the State Board of
16 Education or intergovernmental agreements between the
17 Illinois Department of Public Aid and individual local
18 education agencies, for eligible special education children
19 claims under Titles XIX and XXI of the Social Security Act.
20 (Source: P.A. 91-24, eff. 7-1-99; 91-266, eff. 7-23-99.)
21 (30 ILCS 105/6z-52 new)
22 Sec. 6z-52. Drug Rebate Fund.
23 (a) There is created in the State Treasury a special
24 fund to be known as the Drug Rebate Fund.
25 (b) The Fund is created for the purpose of receiving and
26 disbursing moneys in accordance with this Section.
27 Disbursements from the Fund shall be made, subject to
28 appropriation, only as follows:
29 (1) For payments to pharmacies for reimbursement
30 for prescription drugs provided to a recipient of aid
31 under Article V of the Illinois Public Aid Code or the
32 Children's Health Insurance Program Act.
33 (2) For reimbursement of moneys collected by the
-6- SRS92HB3491DLspam01
1 Illinois Department of Public Aid through error or
2 mistake.
3 (3) For payments of any amounts that are
4 reimbursable to the federal government resulting from a
5 payment into this Fund.
6 (c) The Fund shall consist of the following:
7 (1) Upon notification from the Director of Public
8 Aid, the Comptroller shall direct and the Treasurer shall
9 transfer the net State share of all moneys received by
10 the Illinois Department of Public Aid from drug rebate
11 agreements with pharmaceutical manufacturers pursuant to
12 Title XIX of the federal Social Security Act, including
13 any portion of the balance in the Public Aid Recoveries
14 Trust Fund on July 1, 2001 that is attributable to such
15 receipts.
16 (2) All federal matching funds received by the
17 Illinois Department as a result of expenditures made by
18 the Department that are attributable to moneys deposited
19 in the Fund.
20 (3) Any premium collected by the Illinois
21 Department from participants under a waiver approved by
22 the federal government relating to provision of
23 pharmaceutical services.
24 (4) All other moneys received for the Fund from any
25 other source, including interest earned thereon.
26 (30 ILCS 105/6z-53 new)
27 Sec. 6z-53. Downstate Emergency Response Fund.
28 (a) In this Section:
29 "Downstate county" means any county with a population of
30 less than 250,000 with a level I trauma center.
31 "Trauma center" has the same meaning as in the Emergency
32 Medical Services (EMS) Systems Act.
33 (b) The Downstate Emergency Response Fund is created as
-7- SRS92HB3491DLspam01
1 a special fund in the State treasury.
2 (c) The following moneys shall be deposited into the
3 Fund:
4 (1) Moneys appropriated by the General Assembly.
5 (2) Fees or other amounts paid to the Department of
6 Transportation for the use of an emergency helicopter for
7 the transportation of an individual to a trauma center
8 located in a downstate county or for any other medical
9 emergency response. The Department may adopt rules
10 establishing reasonable fees and other amounts to be paid
11 for the use of such helicopters and may collect those
12 fees and other amounts.
13 (3) Gifts, grants, other appropriations, or any
14 other moneys designated for deposit into the Fund.
15 (d) Subject to appropriation, moneys in the Fund shall
16 be used for the following purposes:
17 (1) By the Department of Transportation to
18 purchase, lease, maintain, and operate helicopters,
19 including payment of any costs associated with personnel
20 or other expenses necessary for the maintenance or
21 operation of such helicopters, (A) for emergency response
22 transportation of individuals to trauma centers located
23 in downstate counties and (B) to support law enforcement,
24 disaster response, and other medical emergency response.
25 Moneys appropriated from the Fund for these purposes
26 shall be in addition to any other moneys used for these
27 purposes.
28 (2) By the Department of Public Aid for medical
29 assistance under Article V of the Illinois Public Aid
30 Code.
31 Section 25. The Excellence in Academic Medicine Act is
32 amended by changing Sections 15, 20, 60, and 65 and adding
33 Section 35 as follows:
-8- SRS92HB3491DLspam01
1 (30 ILCS 775/15)
2 Sec. 15. Definitions. As used in this Act:
3 "Academic medical center hospital" means a hospital
4 located in Illinois which is either (i) under common
5 ownership with the college of medicine of a college or
6 university or (ii) a free-standing hospital in which the
7 majority of the clinical chiefs of service are department
8 chairmen in an affiliated medical school.
9 "Academic medical center children's hospital" means a
10 children's hospital which is separately incorporated and
11 non-integrated into the academic medical center hospital but
12 which is the pediatric partner for an academic medical center
13 hospital and which serves as the primary teaching hospital
14 for pediatrics for its affiliated medical school; children's
15 hospitals which are separately incorporated but integrated
16 into the academic medical center hospital are considered part
17 of the academic medical center hospital.
18 "Chicago Medicare Metropolitan Statistical Area academic
19 medical center hospital" means an academic medical center
20 hospital located in the Chicago Medicare Metropolitan
21 Statistical Area.
22 "Independent academic medical center hospital" means the
23 primary teaching hospital for the University of Illinois at
24 Urbana.
25 "Non-Chicago Medicare Metropolitan Statistical Area
26 academic medical center hospital" means an academic medical
27 center hospital located outside the Chicago Medicare
28 Metropolitan Statistical Area.
29 "Qualified Chicago Medicare Metropolitan Statistical Area
30 academic medical center hospital" means any Chicago Medicare
31 Metropolitan Statistical Area academic medical center
32 hospital that either directly or in connection with its
33 affiliated medical school receives in excess of $8,000,000 in
34 grants or contracts from the National Institutes of Health
-9- SRS92HB3491DLspam01
1 during the calendar year preceding the beginning of the State
2 fiscal year; except that for the purposes of Section 25, the
3 term also includes the entity specified in subsection (e) of
4 that Section.
5 "Qualified Non-Chicago Medicare Metropolitan Statistical
6 Area academic medical center hospital" means the primary
7 teaching hospital for the University of Illinois School of
8 Medicine at Peoria and the primary teaching hospital for the
9 University of Illinois School of Medicine at Rockford and the
10 primary teaching hospitals for Southern Illinois University
11 School of Medicine in Springfield.
12 "Qualified academic medical center hospital" means (i) a
13 qualified Chicago Medicare Metropolitan Statistical Area
14 academic medical center hospital, (ii) a qualified
15 Non-Chicago Medicare Metropolitan Statistical Area academic
16 medical center hospital, or (iii) an academic medical center
17 children's hospital.
18 "Qualified programs" include:
19 (i) Thoracic Transplantation: heart and lung, in
20 particular;
21 (ii) Cancer: particularly biologic modifiers of
22 tumor response, and mechanisms of drug resistance in
23 cancer therapy;
24 (iii) Shock/Burn: development of biological
25 alternatives to skin for grafting in burn injury, and
26 research in mechanisms of shock and tissue injury in
27 severe injury;
28 (iv) Abdominal transplantation: kidney, liver,
29 pancreas, and development of islet cell and small bowel
30 transplantation technologies;
31 (v) Minimally invasive surgery: particularly
32 laparoscopic surgery;
33 (vi) High performance medical computing:
34 telemedicine and teleradiology;
-10- SRS92HB3491DLspam01
1 (vii) Transmyocardial laser revascularization: a
2 laser creates holes in heart muscles to allow new blood
3 flow;
4 (viii) Pet scanning: viewing how organs function
5 (CT and MRI only allow viewing of the structure of an
6 organ);
7 (ix) Strokes in the African-American community:
8 particularly risk factors for cerebral vascular accident
9 (strokes) in the African-American community at much
10 higher risk than the general population;
11 (x) Neurosurgery: particularly focusing on
12 interventional neuroradiology;
13 (xi) Comprehensive eye center: including further
14 development in pediatric eye trauma;
15 (xii) Cancers: particularly melanoma, head and
16 neck;
17 (xiii) Pediatric cancer;
18 (xiv) Invasive pediatric cardiology;
19 (xv) Pediatric organ transplantation:
20 transplantation of solid organs, marrow, and other stem
21 cells; and
22 (xvi) Such other programs as may be identified.
23 (Source: P.A. 89-506, eff. 7-3-96.)
24 (30 ILCS 775/20)
25 Sec. 20. Establishment of Funds.
26 (a) The Medical Research and Development Fund is created
27 in the State Treasury to which the General Assembly may from
28 time to time appropriate funds and from which the Comptroller
29 shall pay amounts as authorized by law.
30 (i) The following accounts are created in the
31 Medical Research and Development Fund: The National
32 Institutes of Health Account; the Philanthropic Medical
33 Research Account; and the Market Medical Research
-11- SRS92HB3491DLspam01
1 Account.
2 (ii) Funds appropriated to the Medical Research and
3 Development Fund shall be assigned in equal amounts to
4 each account within the Fund, subject to transferability
5 of funds under subsection (c) of Section 25.
6 (b) The Post-Tertiary Clinical Services Fund is created
7 in the State Treasury to which the General Assembly may from
8 time to time appropriate funds and from which the Comptroller
9 shall pay amounts as authorized by law.
10 (c) The Independent Academic Medical Center Fund is
11 created as a special fund in the State Treasury, to which the
12 General Assembly shall from time to time appropriate funds
13 for the purposes of the Independent Academic Medical Center
14 Program. The amount appropriated for any fiscal year after
15 2002 shall not be less than the amount appropriated for
16 fiscal year 2002. The State Comptroller shall pay amounts
17 from the Fund as authorized by law.
18 (Source: P.A. 89-506, eff. 7-3-96.)
19 (30 ILCS 775/35 new)
20 Sec. 35. Independent Academic Medical Center Program.
21 There is created an Independent Academic Medical Center
22 Program to provide incentives to develop and enhance the
23 independent academic medical center hospital. In each State
24 fiscal year, beginning in fiscal year 2002, the independent
25 academic medical center hospital shall receive funding under
26 the Program, equal to the full amount appropriated for that
27 purpose for that fiscal year. In each fiscal year, one
28 quarter of the amount payable to the independent academic
29 medical center hospital shall be paid on the fifteenth
30 working day after July 1, October 1, January 1, and March 1.
31 (30 ILCS 775/60)
32 Sec. 60. Restriction on funds. No academic medical
-12- SRS92HB3491DLspam01
1 center hospital shall be eligible for payments from the
2 Medical Research and Development Fund unless the academic
3 medical center hospital qualifies under Section 15 as a
4 qualified Chicago Medicare Metropolitan Statistical Area
5 academic medical center hospital which in connection with its
6 affiliated medical school received at least $8,000,000 in the
7 preceding calendar year in grants or contracts from the
8 National Institutes of Health; except that this restriction
9 does not apply to the entity specified in subsection (e) of
10 Section 25.
11 If a hospital is eligible for funds from the Independent
12 Academic Medical Center Fund, that hospital shall not receive
13 funds from the Medical Research and Development Fund or the
14 Post-Tertiary Clinical Services Fund. If a hospital receives
15 funds from the Medical Research and Development Fund or the
16 Post-Tertiary Clinical Services Fund, that hospital is
17 ineligible to receive funds from the Independent Academic
18 Medical Center Fund.
19 (Source: P.A. 89-506, eff. 7-3-96.)
20 (30 ILCS 775/65)
21 Sec. 65. Reporting requirements. On or before May 1 of
22 each year, the chief executive officer of each Qualified
23 Academic Medical Center Hospital shall submit a report to the
24 Comptroller regarding the effects of the programs authorized
25 by this Act. The report shall also report the total amount
26 of grants from and contracts with the National Institutes of
27 Health in the preceding calendar year. It shall assess
28 whether the programs funded are likely to be successful,
29 require further study, or no longer appear to be promising
30 avenues of research. It shall discuss the probable use of
31 the developmental program in mainstream medicine including
32 both cost impact and medical effect. The report shall
33 address the effects the programs may have on containing Title
-13- SRS92HB3491DLspam01
1 XIX and Title XXI costs in Illinois. The Comptroller shall
2 immediately forward the report to the Director of Public Aid
3 and the Director of Public Health who shall evaluate the
4 contents in a letter submitted to the President of the Senate
5 and the Speaker of the House of Representatives.
6 (Source: P.A. 89-506, eff. 7-3-96.)
7 Section 30. The Illinois Public Aid Code is amended by
8 changing Sections 5-5.4, 12-4.34, and 12-9 and adding Section
9 5-5.12a as follows:
10 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
11 Sec. 5-5.4. Standards of Payment - Department of Public
12 Aid. The Department of Public Aid shall develop standards of
13 payment of skilled nursing and intermediate care services in
14 facilities providing such services under this Article which:
15 (1) Provides for the determination of a facility's
16 payment for skilled nursing and intermediate care services on
17 a prospective basis. The amount of the payment rate for all
18 nursing facilities certified under the medical assistance
19 program shall be prospectively established annually on the
20 basis of historical, financial, and statistical data
21 reflecting actual costs from prior years, which shall be
22 applied to the current rate year and updated for inflation,
23 except that the capital cost element for newly constructed
24 facilities shall be based upon projected budgets. The
25 annually established payment rate shall take effect on July 1
26 in 1984 and subsequent years. Rate increases shall be
27 provided annually thereafter on July 1 in 1984 and on each
28 subsequent July 1 in the following years, except that no rate
29 increase and no update for inflation shall be provided on or
30 after July 1, 1994 and before July 1, 2001, unless
31 specifically provided for in this Section.
32 For facilities licensed by the Department of Public
-14- SRS92HB3491DLspam01
1 Health under the Nursing Home Care Act as Intermediate Care
2 for the Developmentally Disabled facilities or Long Term Care
3 for Under Age 22 facilities, the rates taking effect on July
4 1, 1998 shall include an increase of 3%. For facilities
5 licensed by the Department of Public Health under the Nursing
6 Home Care Act as Skilled Nursing facilities or Intermediate
7 Care facilities, the rates taking effect on July 1, 1998
8 shall include an increase of 3% plus $1.10 per resident-day,
9 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, 1999 shall include an increase of 1.6% plus $3.00 per
15 resident-day, as defined by the Department. For facilities
16 licensed by the Department of Public Health under the Nursing
17 Home Care Act as Skilled Nursing facilities or Intermediate
18 Care facilities, the rates taking effect on July 1, 1999
19 shall include an increase of 1.6% and, for services provided
20 on or after October 1, 1999, shall be increased by $4.00 per
21 resident-day, as defined by the Department.
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, 2000 shall include an increase of 2.5% per resident-day,
27 as defined by the Department. For facilities licensed by the
28 Department of Public Health under the Nursing Home Care Act
29 as Skilled Nursing facilities or Intermediate Care
30 facilities, the rates taking effect on July 1, 2000 shall
31 include an increase of 2.5% per resident-day, as defined by
32 the Department.
33 For facilities licensed by the Department of Public
34 Health under the Nursing Home Care Act as Intermediate Care
-15- SRS92HB3491DLspam01
1 for the Developmentally Disabled facilities or Long Term Care
2 for Under Age 22 facilities, the rates taking effect on March
3 1, 2001 shall include a statewide increase of 7.85%, as
4 defined by the Department.
5 For facilities licensed by the Department of Public
6 Health under the Nursing Home Care Act as Intermediate Care
7 for the Developmentally Disabled facilities or Long Term Care
8 for Under Age 22 facilities, the rates taking effect on April
9 1, 2002 shall include a statewide increase of 2.0%, as
10 defined by the Department.
11 Rates established effective each July 1 shall govern
12 payment for services rendered throughout that fiscal year,
13 except that rates established on July 1, 1996 shall be
14 increased by 6.8% for services provided on or after January
15 1, 1997. Such rates will be based upon the rates calculated
16 for the year beginning July 1, 1990, and for subsequent years
17 thereafter shall be based on the facility cost reports for
18 the facility fiscal year ending at any point in time during
19 the previous calendar year, updated to the midpoint of the
20 rate year. The cost report shall be on file with the
21 Department no later than April 1 of the current rate year.
22 Should the cost report not be on file by April 1, the
23 Department shall base the rate on the latest cost report
24 filed by each skilled care facility and intermediate care
25 facility, updated to the midpoint of the current rate year.
26 In determining rates for services rendered on and after July
27 1, 1985, fixed time shall not be computed at less than zero.
28 The Department shall not make any alterations of regulations
29 which would reduce any component of the Medicaid rate to a
30 level below what that component would have been utilizing in
31 the rate effective on July 1, 1984.
32 (2) Shall take into account the actual costs incurred by
33 facilities in providing services for recipients of skilled
34 nursing and intermediate care services under the medical
-16- SRS92HB3491DLspam01
1 assistance program.
2 (3) Shall take into account the medical and
3 psycho-social characteristics and needs of the patients.
4 (4) Shall take into account the actual costs incurred by
5 facilities in meeting licensing and certification standards
6 imposed and prescribed by the State of Illinois, any of its
7 political subdivisions or municipalities and by the U.S.
8 Department of Health and Human Services pursuant to Title XIX
9 of the Social Security Act.
10 The Department of Public Aid shall develop precise
11 standards for payments to reimburse nursing facilities for
12 any utilization of appropriate rehabilitative personnel for
13 the provision of rehabilitative services which is authorized
14 by federal regulations, including reimbursement for services
15 provided by qualified therapists or qualified assistants, and
16 which is in accordance with accepted professional practices.
17 Reimbursement also may be made for utilization of other
18 supportive personnel under appropriate supervision.
19 (Source: P.A. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98; 91-24,
20 eff. 7-1-99; 91-712, eff. 7-1-00.)
21 (305 ILCS 5/5-5.12a new)
22 Sec. 5-5.12a. Title XIX waiver; pharmacy assistance
23 program. The Illinois Department may seek a waiver of
24 otherwise applicable requirements of Title XIX of the federal
25 Social Security Act in order to claim federal financial
26 participation for a pharmacy assistance program for persons
27 aged 65 and over with income levels at or less than 250% of
28 the federal poverty level. The Illinois Department may
29 provide by rule for all other requirements of the program,
30 including cost sharing, as permitted by an approved waiver
31 and without regard to any provision of this Code to the
32 contrary. The benefits may be no more restrictive than the
33 Pharmacy Assistance Program in effect on May 31, 2001.
-17- SRS92HB3491DLspam01
1 Benefits provided under the waiver are subject to
2 appropriation.
3 The Illinois Department may not implement the waiver
4 until cost neutrality is demonstrated for the State relative
5 to the final Pharmacy Assistance Program appropriation for
6 the fiscal year beginning July 1, 2001. Implementation of
7 the waiver shall terminate on June 30, 2007.
8 (305 ILCS 5/12-4.34)
9 (Section scheduled to be repealed on August 31, 2001)
10 Sec. 12-4.34. Services to noncitizens.
11 (a) Subject to specific appropriation for this purpose
12 and notwithstanding Sections 1-11 and 3-1 of this Code, the
13 Department of Human Services is authorized to provide
14 services to legal immigrants, including but not limited to
15 naturalization and nutrition services and financial
16 assistance. The nature of these services, payment levels,
17 and eligibility conditions shall be determined by rule.
18 (b) The Illinois Department is authorized to lower the
19 payment levels established under this subsection or take such
20 other actions during the fiscal year as are necessary to
21 ensure that payments under this subsection do not exceed the
22 amounts appropriated for this purpose. These changes may be
23 accomplished by emergency rule under Section 5-45 of the
24 Illinois Administrative Procedure Act, except that the
25 limitation on the number of emergency rules that may be
26 adopted in a 24-month period shall not apply.
27 (c) This Section is repealed on August 31, 2002 2001.
28 (Source: P.A. 90-564, eff. 12-22-97; 90-588, eff. 7-1-98;
29 91-24, eff. 7-1-99; 91-712, eff. 7-1-00.)
30 (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
31 Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The
32 Public Aid Recoveries Trust Fund shall consist of (1)
-18- SRS92HB3491DLspam01
1 recoveries by the Illinois Department of Public Aid
2 authorized by this Code in respect to applicants or
3 recipients under Articles III, IV, V, and VI, including
4 recoveries made by the Illinois Department of Public Aid from
5 the estates of deceased recipients, (2) recoveries made by
6 the Illinois Department of Public Aid in respect to
7 applicants and recipients under the Children's Health
8 Insurance Program, and (3) federal funds received on behalf
9 of and earned by local governmental entities for services
10 provided to applicants or recipients covered under this Code.
11 to the State Disbursement Unit established under Section
12 10-26 of this Code or The Fund shall be held as a special
13 fund in the State Treasury.
14 Disbursements from this Fund shall be only (1) for the
15 reimbursement of claims collected by the Illinois Department
16 of Public Aid through error or mistake, (2) for payment to
17 persons or agencies designated as payees or co-payees on any
18 instrument, whether or not negotiable, delivered to the
19 Illinois Department of Public Aid as a recovery under this
20 Section, such payment to be in proportion to the respective
21 interests of the payees in the amount so collected, (3) for
22 payments to the Department of Human Services for collections
23 made by the Illinois Department of Public Aid on behalf of
24 the Department of Human Services under this Code, (4) from
25 the State Disbursement Unit Revolving Fund under Section
26 12-8.1 of this Code or for payment of administrative expenses
27 incurred in performing the activities authorized under this
28 Code, (5) for payment of fees to persons or agencies in the
29 performance of activities pursuant to the collection of
30 monies owed the State that are collected under this Code, (6)
31 for payments of any amounts which are reimbursable to the
32 federal government which are required to be paid by State
33 warrant by either the State or federal government, and (7)
34 for payments to local governmental entities of federal funds
-19- SRS92HB3491DLspam01
1 for services provided to applicants or recipients covered
2 under this Code. Disbursements from this Fund for purposes
3 of items (4) and (5) of this paragraph shall be subject to
4 appropriations from the Fund to the Illinois Department of
5 Public Aid.
6 The balance in this Fund on the first day of each
7 calendar quarter, after payment therefrom of any amounts
8 reimbursable to the federal government, and minus the amount
9 reasonably anticipated to be needed to make the disbursements
10 during that quarter authorized by this Section, shall be
11 certified by the Director of the Illinois Department of
12 Public Aid and transferred by the State Comptroller to the
13 Drug Rebate Fund or the General Revenue Fund in the State
14 Treasury, as appropriate, within 30 days of the first day of
15 each calendar quarter.
16 On July 1, 1999, the State Comptroller shall transfer the
17 sum of $5,000,000 from the Public Aid Recoveries Trust Fund
18 (formerly the Public Assistance Recoveries Trust Fund) into
19 the DHS Recoveries Trust Fund.
20 (Source: P.A. 90-255, eff. 1-1-98; 91-24, eff. 7-1-99;
21 91-212, eff. 7-20-99; revised 9-28-99.)
22 Section 35. The Senior Citizens and Disabled Persons
23 Property Tax Relief and Pharmaceutical Assistance Act is
24 amended by changing Section 3.15 as follows:
25 (320 ILCS 25/3.15) (from Ch. 67 1/2, par. 403.15)
26 Sec. 3.15. "Covered prescription drug" means (1) any
27 cardiovascular agent or drug; (2) any insulin or other
28 prescription drug used in the treatment of diabetes,
29 including syringe and needles used to administer the insulin;
30 (3) any prescription drug used in the treatment of arthritis,
31 (4) beginning on January 1, 2001, any prescription drug used
32 in the treatment of cancer, (5) beginning on January 1, 2001,
-20- SRS92HB3491DLspam01
1 any prescription drug used in the treatment of Alzheimer's
2 disease, (6) beginning on January 1, 2001, any prescription
3 drug used in the treatment of Parkinson's disease, (7)
4 beginning on January 1, 2001, any prescription drug used in
5 the treatment of glaucoma, and (8) beginning on January 1,
6 2001, any prescription drug used in the treatment of lung
7 disease and smoking related illnesses, and (9) beginning on
8 July 1, 2001, any prescription drug used in the treatment of
9 osteoporosis. The specific agents or products to be included
10 under such categories shall be listed in a handbook to be
11 prepared and distributed by the Department. The general
12 types of covered prescription drugs shall be indicated by
13 rule. The Department of Public Health shall promulgate a
14 list of covered prescription drugs under this program that
15 meet the definition of a narrow therapeutic index drug as
16 described in subsection (f) of Section 4.
17 (Source: P.A. 91-699, eff. 1-1-01.)
18 Section 40. The Early Intervention Services System Act
19 is amended by changing Sections 11 and 13 as follows:
20 (325 ILCS 20/11) (from Ch. 23, par. 4161)
21 Sec. 11. Individualized Family Service Plans. Each
22 eligible infant or toddler and that infant's or toddler's
23 family shall receive:
24 (a) timely, comprehensive, multidisciplinary
25 assessment of the unique needs of each eligible infant
26 and toddler, and assessment of the concerns and
27 priorities of the families to appropriately assist them
28 in meeting their needs and identify services to meet
29 those needs; and
30 (b) a written Individualized Family Service Plan
31 developed by a multidisciplinary team which includes the
32 parent or guardian.
-21- SRS92HB3491DLspam01
1 The Individualized Family Service Plan shall be evaluated
2 once a year and the family shall be provided a review of the
3 Plan at 6 month intervals or more often where appropriate
4 based on infant or toddler and family needs. The lead agency
5 shall create a quality review process regarding
6 Individualized Family Service Plan development and changes
7 thereto, to monitor and help assure that resources are being
8 used to provide appropriate early intervention services.
9 The evaluation and initial assessment and initial Plan
10 meeting must be held within 45 days after the initial contact
11 with the early intervention services system. With parental
12 consent, early intervention services may commence before the
13 completion of the comprehensive assessment and development of
14 the Plan.
15 Parents must be informed that, at their discretion, early
16 intervention services shall be provided to each eligible
17 infant and toddler in the natural environment, which may
18 include the home or other community settings. Parents shall
19 make the final decision to accept or decline early
20 intervention services. A decision to decline such services
21 shall not be a basis for administrative determination of
22 parental fitness, or other findings or sanctions against the
23 parents. Parameters of the Plan shall be set forth in rules.
24 (Source: P.A. 91-538, eff. 8-13-99.)
25 (325 ILCS 20/13) (from Ch. 23, par. 4163)
26 Sec. 13. Funding and Fiscal Responsibility. The lead
27 agency and every other participating State agency may receive
28 and expend funds appropriated by the General Assembly to
29 implement the early intervention services system as required
30 by this Act.
31 The lead agency and each participating State agency shall
32 identify and report on an annual basis to the Council the
33 State agency funds utilized for the provision of early
-22- SRS92HB3491DLspam01
1 intervention services to eligible infants and toddlers.
2 Funds provided under Section 633 of the Individuals with
3 Disabilities Education Act (20 United States Code 1433) may
4 not be used to satisfy a financial commitment for services
5 which would have been paid for from another public or private
6 source but for the enactment of this Act, except whenever
7 considered necessary to prevent delay in receiving
8 appropriate early intervention services by the eligible
9 infant or toddler or family in a timely manner. "Public or
10 private source" includes public and private insurance
11 coverage.
12 Funds provided under Section 633 of the Individuals with
13 Disabilities Education Act may be used by the lead agency to
14 pay the provider of services pending reimbursement from the
15 appropriate state agency.
16 Nothing in this Act shall be construed to permit the
17 State to reduce medical or other assistance available or to
18 alter eligibility under Title V and Title XIX of the Social
19 Security Act relating to the Maternal Child Health Program
20 and Medicaid for eligible infants and toddlers in this State.
21 The lead agency shall create a central billing office to
22 receive and dispense all relevant State and federal
23 resources, as well as local government or independent
24 resources available, for early intervention services. This
25 office shall assure that maximum federal resources are
26 utilized and that providers receive funds with minimal
27 duplications or interagency reporting and with consolidated
28 audit procedures.
29 The lead agency shall may also create a system of
30 payments by families, including a schedule of fees. No fees,
31 however, may be charged for: implementing child find,
32 evaluation and assessment, service coordination,
33 administrative and coordination activities related to the
34 development, review, and evaluation of Individualized Family
-23- SRS92HB3491DLspam01
1 Service Plans, or the implementation of procedural safeguards
2 and other administrative components of the statewide early
3 intervention system.
4 (Source: P.A. 91-538, eff. 8-13-99.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.".