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Public Act 91-0712
HB4588 Enrolled LRB9112936REdv
AN ACT in relation to 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
FY2001 Budget Implementation Act.
Section 5. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation
that any agency finds reasonably constitutes a threat to the
public interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required
by Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency
rulemaking with the Secretary of State under Section 5-70.
The notice shall include the text of the emergency rule and
shall be published in the Illinois Register. Consent orders
or other court orders adopting settlements negotiated by an
agency may be adopted under this Section. Subject to
applicable constitutional or statutory provisions, an
emergency rule becomes effective immediately upon filing
under Section 5-65 or at a stated date less than 10 days
thereafter. The agency's finding and a statement of the
specific reasons for the finding shall be filed with the
rule. The agency shall take reasonable and appropriate
measures to make emergency rules known to the persons who may
be affected by them.
(c) An emergency rule may be effective for a period of
not longer than 150 days, but the agency's authority to adopt
an identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24 month
period, except that this limitation on the number of
emergency rules that may be adopted in a 24 month period does
not apply to (i) emergency rules that make additions to and
deletions from the Drug Manual under Section 5-5.16 of the
Illinois Public Aid Code or the generic drug formulary under
Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
(ii) emergency rules adopted by the Pollution Control Board
before July 1, 1997 to implement portions of the Livestock
Management Facilities Act. Two or more emergency rules
having substantially the same purpose and effect shall be
deemed to be a single rule for purposes of this Section.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act
90-587 or 90-588 or any other budget initiative for fiscal
year 1999 may be adopted in accordance with this Section by
the agency charged with administering that provision or
initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (d). The adoption of emergency rules authorized
by this subsection (d) shall be deemed to be necessary for
the public interest, safety, and welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget
initiative for fiscal year 2000 may be adopted in accordance
with this Section by the agency charged with administering
that provision or initiative, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (e). The adoption of emergency
rules authorized by this subsection (e) shall be deemed to be
necessary for the public interest, safety, and welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget
initiative for fiscal year 2001 may be adopted in accordance
with this Section by the agency charged with administering
that provision or initiative, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (f). The adoption of emergency
rules authorized by this subsection (f) shall be deemed to be
necessary for the public interest, safety, and welfare.
(Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98; 90-588,
eff. 7-1-98; 91-24, eff. 7-1-99; 91-357, eff. 7-29-99.)
Section 10. The State Comptroller Act is amended by
changing Section 10.05a as follows:
(15 ILCS 405/10.05a) (from Ch. 15, par. 210.05a)
Sec. 10.05a. Deductions from Warrants and Payments for
Satisfaction of Past Due Child Support. At the direction of
the Department of Public Aid, the Comptroller shall deduct
from a warrant or other payment described in Section 10.05 of
this Act, in accordance with the procedures provided therein,
and pay over to the Department or the State Disbursement Unit
established under Section 10-26 of the Illinois Public Aid
Code, at the direction of the Department, that amount
certified as necessary to satisfy, in whole or in part, past
due support owed by a person on account of support action
being taken by the Department under Article X of the Illinois
Public Aid Code, whether or not such support is owed to the
State. Such deduction shall have priority over any
garnishment except that for payment of state or federal
taxes. In the case of joint payees, the Comptroller shall
deduct and pay over to the Department or the State
Disbursement Unit, as directed by the Department, the entire
amount certified. The Comptroller shall provide the
Department with the address to which the warrant or other
payment was to be mailed and the social security number of
each person from whom a deduction is made pursuant to this
Section.
(Source: P.A. 91-212, eff. 7-20-99.)
Section 15. The Children and Family Services Act is
amended by changing Section 22.2 as follows:
(20 ILCS 505/22.2) (from Ch. 23, par. 5022.2)
Sec. 22.2. To provide training programs for the
provision of foster care and adoptive care services.
Training provided to foster parents shall include training
and information on their right to be heard, to bring a
mandamus action, and to intervene in juvenile court as set
forth under subsection (2) of Section 1-5 of the Juvenile
Court Act of 1987 and the availability of the hotline
established under Section 35.6 of this Act, that foster
parents may use to report incidents of misconduct or
violation of rules by Department employees, service
providers, or contractors. Monies for such training programs
shall be derived from the Department of Children and Family
Services Training Fund, hereby created in the State Treasury.
Deposits to this fund shall consist of federal financial
participation in foster care and adoption care training
programs, public and unsolicited private grants and fees for
such training. In addition, with the approval of the
Governor, the Department may transfer amounts not exceeding
$2,000,000 in each fiscal year from the DCFS Children's
Services Fund to the Department of Children and Family
Services Training Fund. Disbursements from the Department of
Children and Family Services Training Fund shall be made by
the Department for foster care and adoptive care training
services in accordance with federal standards.
(Source: P.A. 88-7.)
Section 20. The Department of Revenue Law of the Civil
Administrative Code of Illinois is amended by changing
Section 2505-650 as follows:
(20 ILCS 2505/2505-650) (was 20 ILCS 2505/39b52)
Sec. 2505-650. Collection of past due support. Upon
certification of past due child support amounts from the
Department of Public Aid, the Department of Revenue may
collect the delinquency in any manner authorized for the
collection of any tax administered by the Department of
Revenue. The Department of Revenue shall notify the
Department of Public Aid when the delinquency or any portion
of the delinquency has been collected under this Section.
Any child support delinquency collected by the Department of
Revenue, including those amounts that result in overpayment
of a child support delinquency, shall be deposited into the
Child Support Enforcement Trust Fund or paid to the State
Disbursement Unit established under Section 10-26 of the
Illinois Public Aid Code, at the direction of the Department
of Public Aid into into. The Department of Revenue may
implement this Section through the use of emergency rules in
accordance with Section 5-45 of the Illinois Administrative
Procedure Act. For purposes of the Illinois Administrative
Procedure Act, the adoption of rules to implement this
Section shall be considered an emergency and necessary for
the public interest, safety, and welfare.
(Source: P.A. 90-491, eff. 1-1-98; 91-212, eff. 7-20-99;
91-239, eff. 1-1-00; revised 8-5-99.)
Section 25. The State Finance Act is amended by changing
Section 8.27 as follows:
(30 ILCS 105/8.27) (from Ch. 127, par. 144.27)
Sec. 8.27. All receipts from federal financial
participation in the Foster Care and Adoption Services
program under Title IV-E of the federal Social Security Act,
including receipts for related indirect costs, but excluding
receipts from federal financial participation in such Title
IV-E Foster Care and Adoption Training program, shall be
deposited in the DCFS Children's Services Fund.
Eighty percent of the federal funds received by the
Illinois Department of Human Services under the Title IV-A
Emergency Assistance program as reimbursement for
expenditures made from the Illinois Department of Children
and Family Services appropriations for the costs of services
in behalf of Department of Children and Family Services
clients shall be deposited into the DCFS Children's Services
Fund.
All receipts from federal financial participation in the
Child Welfare Services program under Title IV-B of the
federal Social Security Act, including receipts for related
indirect costs, shall be deposited into the DCFS Children's
Services Fund for those moneys received as reimbursement for
services provided on or after July 1, 1994.
In addition, as soon as may be practicable after the
first day of November, 1994, the Department of Children and
Family Services shall request the Comptroller to order
transferred and the Treasurer shall transfer the unexpended
balance of the Child Welfare Services Fund to the DCFS
Children's Services Fund. Upon completion of the transfer,
the Child Welfare Services Fund will be considered dissolved
and any outstanding obligations or liabilities of that fund
will pass to the DCFS Children's Services Fund.
Monies in the Fund may be used by the Department,
pursuant to appropriation by the General Assembly, for the
ordinary and contingent expenses of the Department.
In fiscal year 1988 and in each fiscal year thereafter
through fiscal year 2000, the Comptroller shall order
transferred and the Treasurer shall transfer an amount of
$16,100,000 from the DCFS Children's Services Fund to the
General Revenue Fund in the following manner: As soon as may
be practicable after the 15th day of September, December,
March and June, the Comptroller shall order transferred and
the Treasurer shall transfer, to the extent that funds are
available, 1/4 of $16,100,000, plus any cumulative
deficiencies in such transfers for prior transfer dates
during such fiscal year. In no event shall any such transfer
reduce the available balance in the DCFS Children's Services
Fund below $350,000.
In accordance with subsection (q) of Section 5 of the
Children and Family Services Act, disbursements from
individual children's accounts shall be deposited into the
DCFS Children's Services Fund.
(Source: P.A. 88-553; 89-21, eff. 6-6-95; 89-507, eff.
7-1-97.)
Section 28. The General Obligation Bond Act is amended
by changing Section 4 as follows:
(30 ILCS 330/4) (from Ch. 127, par. 654)
Sec. 4. Transportation. The amount of $5,312,270,000 is
authorized for use by the Department of Transportation for
the specific purpose of promoting and assuring rapid,
efficient, and safe highway, air and mass transportation for
the inhabitants of the State by providing monies, including
the making of grants and loans, for the acquisition,
construction, reconstruction, extension and improvement of
the following transportation facilities and equipment, and
for the acquisition of real property and interests in real
property required or expected to be required in connection
therewith as follows:
(a) $3,431,000,000 for State highways, arterial
highways, freeways, roads, bridges, structures separating
highways and railroads and roads, and bridges on roads
maintained by counties, municipalities, townships or road
districts for the following specific purposes:
(1) $3,330,000,000 for use statewide,
(2) $3,641,000 for use outside the Chicago
urbanized area,
(3) $7,543,000 for use within the Chicago urbanized
area,
(4) $13,060,600 for use within the City of Chicago,
(5) $57,894,500 for use within the counties of
Cook, DuPage, Kane, Lake, McHenry and Will, and
(6) $18,860,900 for use outside the counties of
Cook, DuPage, Kane, Lake, McHenry and Will.
(b) $1,529,670,000 for rail facilities and for mass
transit facilities, as defined in Section 2705-305 of the
Department of Transportation Law (20 ILCS 2705/2705-305),
including rapid transit, rail, bus and other equipment used
in connection therewith by the State or any unit of local
government, special transportation district, municipal
corporation or other corporation or public authority
authorized to provide and promote public transportation
within the State or two or more of the foregoing jointly, for
the following specific purposes:
(1) $1,433,870,000 statewide,
(2) $83,350,000 for use within the counties of
Cook, DuPage, Kane, Lake, McHenry and Will,
(3) $12,450,000 for use outside the counties of
Cook, DuPage, Kane, Lake, McHenry and Will.
(c) $351,600,000 for airport or aviation facilities and
any equipment used in connection therewith, including
engineering and land acquisition costs, by the State or any
unit of local government, special transportation district,
municipal corporation or other corporation or public
authority authorized to provide public transportation within
the State, or two or more of the foregoing acting jointly,
and for the making of deposits into the Airport Land Loan
Revolving Fund for loans to public airport owners pursuant to
the Illinois Aeronautics Act.
(Source: P.A. 90-8, eff. 12-8-97 (changed from 6-1-98 by P.A.
90-549); 90-586, eff. 6-4-98; 91-39, eff. 6-15-99; 91-239,
eff. 1-1-00; revised 8-6-99.)
Section 30. The Illinois Income Tax Act is amended by
changing Section 901 as follows:
(35 ILCS 5/901) (from Ch. 120, par. 9-901)
Sec. 901. Collection Authority.
(a) In general.
The Department shall collect the taxes imposed by this
Act. The Department shall collect certified past due child
support amounts under Section 2505-650 of the Department of
Revenue Law (20 ILCS 2505/2505-650). Except as provided in
subsections (c) and (e) of this Section, money collected
pursuant to subsections (a) and (b) of Section 201 of this
Act shall be paid into the General Revenue Fund in the State
treasury; money collected pursuant to subsections (c) and (d)
of Section 201 of this Act shall be paid into the Personal
Property Tax Replacement Fund, a special fund in the State
Treasury; and money collected under Section 2505-650 of the
Department of Revenue Law (20 ILCS 2505/2505-650) shall be
paid into the Child Support Enforcement Trust Fund, a special
fund outside the State Treasury, or to the State Disbursement
Unit established under Section 10-26 of the Illinois Public
Aid Code, as directed by the Department of Public Aid.
(b) Local Governmental Distributive Fund.
Beginning August 1, 1969, and continuing through June 30,
1994, the Treasurer shall transfer each month from the
General Revenue Fund to a special fund in the State treasury,
to be known as the "Local Government Distributive Fund", an
amount equal to 1/12 of the net revenue realized from the tax
imposed by subsections (a) and (b) of Section 201 of this Act
during the preceding month. Beginning July 1, 1994, and
continuing through June 30, 1995, the Treasurer shall
transfer each month from the General Revenue Fund to the
Local Government Distributive Fund an amount equal to 1/11 of
the net revenue realized from the tax imposed by subsections
(a) and (b) of Section 201 of this Act during the preceding
month. Beginning July 1, 1995, the Treasurer shall transfer
each month from the General Revenue Fund to the Local
Government Distributive Fund an amount equal to 1/10 of the
net revenue realized from the tax imposed by subsections (a)
and (b) of Section 201 of the Illinois Income Tax Act during
the preceding month. Net revenue realized for a month shall
be defined as the revenue from the tax imposed by subsections
(a) and (b) of Section 201 of this Act which is deposited in
the General Revenue Fund, the Educational Assistance Fund and
the Income Tax Surcharge Local Government Distributive Fund
during the month minus the amount paid out of the General
Revenue Fund in State warrants during that same month as
refunds to taxpayers for overpayment of liability under the
tax imposed by subsections (a) and (b) of Section 201 of this
Act.
(c) Deposits Into Income Tax Refund Fund.
(1) Beginning on January 1, 1989 and thereafter,
the Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(1), (2),
and (3), of Section 201 of this Act into a fund in the
State treasury known as the Income Tax Refund Fund. The
Department shall deposit 6% of such amounts during the
period beginning January 1, 1989 and ending on June 30,
1989. Beginning with State fiscal year 1990 and for each
fiscal year thereafter, the percentage deposited into the
Income Tax Refund Fund during a fiscal year shall be the
Annual Percentage. For fiscal years 1999 through 2001,
the Annual Percentage shall be 7.1%. For all other
fiscal years, the Annual Percentage shall be calculated
as a fraction, the numerator of which shall be the amount
of refunds approved for payment by the Department during
the preceding fiscal year as a result of overpayment of
tax liability under subsections (a) and (b)(1), (2), and
(3) of Section 201 of this Act plus the amount of such
refunds remaining approved but unpaid at the end of the
preceding fiscal year, the denominator of which shall be
the amounts which will be collected pursuant to
subsections (a) and (b)(1), (2), and (3) of Section 201
of this Act during the preceding fiscal year. The
Director of Revenue shall certify the Annual Percentage
to the Comptroller on the last business day of the fiscal
year immediately preceding the fiscal year for which it
is to be effective.
(2) Beginning on January 1, 1989 and thereafter,
the Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(6), (7),
and (8), (c) and (d) of Section 201 of this Act into a
fund in the State treasury known as the Income Tax Refund
Fund. The Department shall deposit 18% of such amounts
during the period beginning January 1, 1989 and ending on
June 30, 1989. Beginning with State fiscal year 1990 and
for each fiscal year thereafter, the percentage deposited
into the Income Tax Refund Fund during a fiscal year
shall be the Annual Percentage. For fiscal years 1999,
2000, and 2001, the Annual Percentage shall be 19%. For
all other fiscal years, the Annual Percentage shall be
calculated as a fraction, the numerator of which shall be
the amount of refunds approved for payment by the
Department during the preceding fiscal year as a result
of overpayment of tax liability under subsections (a) and
(b)(6), (7), and (8), (c) and (d) of Section 201 of this
Act plus the amount of such refunds remaining approved
but unpaid at the end of the preceding fiscal year, the
denominator of which shall be the amounts which will be
collected pursuant to subsections (a) and (b)(6), (7),
and (8), (c) and (d) of Section 201 of this Act during
the preceding fiscal year. The Director of Revenue shall
certify the Annual Percentage to the Comptroller on the
last business day of the fiscal year immediately
preceding the fiscal year for which it is to be
effective.
(d) Expenditures from Income Tax Refund Fund.
(1) Beginning January 1, 1989, money in the Income
Tax Refund Fund shall be expended exclusively for the
purpose of paying refunds resulting from overpayment of
tax liability under Section 201 of this Act and for
making transfers pursuant to this subsection (d).
(2) The Director shall order payment of refunds
resulting from overpayment of tax liability under Section
201 of this Act from the Income Tax Refund Fund only to
the extent that amounts collected pursuant to Section 201
of this Act and transfers pursuant to this subsection (d)
have been deposited and retained in the Fund.
(3) As soon as possible after the end of each
fiscal year, the Director shall order transferred and the
State Treasurer and State Comptroller shall transfer from
the Income Tax Refund Fund to the Personal Property Tax
Replacement Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount
collected pursuant to subsections (c) and (d) of Section
201 of this Act deposited into the Income Tax Refund Fund
during the fiscal year over the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year.
(4) As soon as possible after the end of each
fiscal year, the Director shall order transferred and the
State Treasurer and State Comptroller shall transfer from
the Personal Property Tax Replacement Fund to the Income
Tax Refund Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount of
refunds resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year
over the amount collected pursuant to subsections (c) and
(d) of Section 201 of this Act deposited into the Income
Tax Refund Fund during the fiscal year.
(4.5) As soon as possible after the end of fiscal
year 1999 and of each fiscal year thereafter, the
Director shall order transferred and the State Treasurer
and State Comptroller shall transfer from the Income Tax
Refund Fund to the General Revenue Fund any surplus
remaining in the Income Tax Refund Fund as of the end of
such fiscal year.
(5) This Act shall constitute an irrevocable and
continuing appropriation from the Income Tax Refund Fund
for the purpose of paying refunds upon the order of the
Director in accordance with the provisions of this
Section.
(e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund.
On July 1, 1991, and thereafter, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 7.3% into the Education Assistance
Fund in the State Treasury. Beginning July 1, 1991, and
continuing through January 31, 1993, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act, minus deposits into the Income Tax
Refund Fund, the Department shall deposit 3.0% into the
Income Tax Surcharge Local Government Distributive Fund in
the State Treasury. Beginning February 1, 1993 and
continuing through June 30, 1993, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act, minus deposits into the Income Tax
Refund Fund, the Department shall deposit 4.4% into the
Income Tax Surcharge Local Government Distributive Fund in
the State Treasury. Beginning July 1, 1993, and continuing
through June 30, 1994, of the amounts collected under
subsections (a) and (b) of Section 201 of this Act, minus
deposits into the Income Tax Refund Fund, the Department
shall deposit 1.475% into the Income Tax Surcharge Local
Government Distributive Fund in the State Treasury.
(Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98;
91-212, eff. 7-20-99; 91-239, eff. 1-1-00; revised 9-28-99.)
Section 33. The Upper Illinois River Valley Development
Authority Act is amended by adding Section 6.1 as follows:
(70 ILCS 530/6.1 new)
Sec. 6.1. Tax avoidance. Notwithstanding any other
provision of law, the Authority shall not enter into any
agreement providing for the purchase and lease of tangible
personal property that results in the avoidance of taxation
under the Retailers' Occupation Tax Act, the Use Tax Act, the
Service Use Tax Act, or the Service Occupation Tax Act,
without the prior written consent of the Governor.
Section 35. The Ambulatory Surgical Treatment Center Act
is amended by changing Section 8 as follows:
(210 ILCS 5/8) (from Ch. 111 1/2, par. 157-8.8)
Sec. 8. Facility plan review; fees.
(a) Before commencing construction of new facilities or
specified types of alteration or additions to an existing
ambulatory surgical treatment center involving major
construction, as defined by rule by the Department, with an
estimated cost greater than $100,000, architectural drawings
and specifications therefor shall be submitted to the
Department for review and approval. A facility may submit
architectural drawings and specifications for other
construction projects for Department review according to
subsection (b) that shall not be subject to fees under
subsection (d). Review of drawings and specifications shall
be conducted by an employee of the Department meeting the
qualifications established by the Department of Central
Management Services class specifications for such an
individual's position or by a person contracting with the
Department who meets those class specifications. Final
approval of the drawings and specifications for compliance
with design and construction standards shall be obtained from
the Department before the alteration, addition, or new
construction is begun.
(b) The Department shall inform an applicant in writing
within 10 working days after receiving drawings and
specifications and the required fee, if any, from the
applicant whether the applicant's submission is complete or
incomplete. Failure to provide the applicant with this
notice within 10 working days shall result in the submission
being deemed complete for purposes of initiating the 60-day
review period under this Section. If the submission is
incomplete, the Department shall inform the applicant of the
deficiencies with the submission in writing. If the
submission is complete and the required fee, if any, has been
paid, the Department shall approve or disapprove drawings and
specifications submitted to the Department no later than 60
days following receipt by the Department. The drawings and
specifications shall be of sufficient detail, as provided by
Department rule, to enable the Department to render a
determination of compliance with design and construction
standards under this Act. If the Department finds that the
drawings are not of sufficient detail for it to render a
determination of compliance, the plans shall be determined to
be incomplete and shall not be considered for purposes of
initiating the 60 day review period. If a submission of
drawings and specifications is incomplete, the applicant may
submit additional information. The 60-day review period
shall not commence until the Department determines that a
submission of drawings and specifications is complete or the
submission is deemed complete. If the Department has not
approved or disapproved the drawings and specifications
within 60 days, the construction, major alteration, or
addition shall be deemed approved. If the drawings and
specifications are disapproved, the Department shall state in
writing, with specificity, the reasons for the disapproval.
The entity submitting the drawings and specifications may
submit additional information in response to the written
comments from the Department or request a reconsideration of
the disapproval. A final decision of approval or disapproval
shall be made within 45 days of the receipt of the additional
information or reconsideration request. If denied, the
Department shall state the specific reasons for the denial.
(c) The Department shall provide written approval for
occupancy pursuant to subsection (g) and shall not issue a
violation to a facility as a result of a licensure or
complaint survey based upon the facility's physical structure
if:
(1) the Department reviewed and approved or deemed
approved the drawings and specifications for compliance
with design and construction standards;
(2) the construction, major alteration, or addition
was built as submitted;
(3) the law or rules have not been amended since
the original approval; and
(4) the conditions at the facility indicate that
there is a reasonable degree of safety provided for the
patients.
(d) The Department shall charge the following fees in
connection with its reviews conducted before June 30, 2004
2000 under this Section:
(1) (Blank).
(2) (Blank).
(3) If the estimated dollar value of the
alteration, addition, or new construction is $100,000 or
more but less than $500,000, the fee shall be the greater
of $2,400 or 1.2% of that value.
(4) If the estimated dollar value of the
alteration, addition, or new construction is $500,000 or
more but less than $1,000,000, the fee shall be the
greater of $6,000 or 0.96% of that value.
(5) If the estimated dollar value of the
alteration, addition, or new construction is $1,000,000
or more but less than $5,000,000, the fee shall be the
greater of $9,600 or 0.22% of that value.
(6) If the estimated dollar value of the
alteration, addition, or new construction is $5,000,000
or more, the fee shall be the greater of $11,000 or 0.11%
of that value, but shall not exceed $40,000.
The fees provided in this subsection (d) shall not apply
to major construction projects involving facility changes
that are required by Department rule amendments.
The fees provided in this subsection (d) shall also not
apply to major construction projects if 51% or more of the
estimated cost of the project is attributed to capital
equipment. For major construction projects where 51% or more
of the estimated cost of the project is attributed to capital
equipment, the Department shall by rule establish a fee that
is reasonably related to the cost of reviewing the project.
The Department shall not commence the facility plan
review process under this Section until the applicable fee
has been paid.
(e) All fees received by the Department under this
Section shall be deposited into the Health Facility Plan
Review Fund, a special fund created in the State Treasury.
Moneys shall be appropriated from that Fund to the Department
only to pay the costs of conducting reviews under this
Section. All fees paid by ambulatory surgical treatment
centers under subsection (d) shall be used only to cover the
costs relating to the Department's review of ambulatory
surgical treatment center projects under this Section. None
of the moneys in the Health Facility Plan Review Fund shall
be used to reduce the amount of General Revenue Fund moneys
appropriated to the Department for facility plan reviews
conducted pursuant to this Section.
(f) (1) The provisions of this amendatory Act of 1997
concerning drawings and specifications shall apply only
to drawings and specifications submitted to the
Department on or after October 1, 1997.
(2) On and after the effective date of this
amendatory Act of 1997 and before October 1, 1997, an
applicant may submit or resubmit drawings and
specifications to the Department and pay the fees
provided in subsection (d). If an applicant pays the
fees provided in subsection (d) under this paragraph (2),
the provisions of subsection (b) shall apply with regard
to those drawings and specifications.
(g) The Department shall conduct an on-site inspection
of the completed project no later than 30 days after
notification from the applicant that the project has been
completed and all certifications required by the Department
have been received and accepted by the Department. The
Department shall provide written approval for occupancy to
the applicant within 5 working days of the Department's final
inspection, provided the applicant has demonstrated
substantial compliance as defined by Department rule.
Occupancy of new major construction is prohibited until
Department approval is received, unless the Department has
not acted within the time frames provided in this subsection
(g), in which case the construction shall be deemed approved.
Occupancy shall be authorized after any required health
inspection by the Department has been conducted.
(h) The Department shall establish, by rule, a procedure
to conduct interim on-site review of large or complex
construction projects.
(i) The Department shall establish, by rule, an
expedited process for emergency repairs or replacement of
like equipment.
(j) Nothing in this Section shall be construed to apply
to maintenance, upkeep, or renovation that does not affect
the structural integrity of the building, does not add beds
or services over the number for which the facility is
licensed, and provides a reasonable degree of safety for the
patients.
(Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.)
Section 40. The Nursing Home Care Act is amended by
changing Section 3-202.5 as follows:
(210 ILCS 45/3-202.5)
Sec. 3-202.5. Facility plan review; fees.
(a) Before commencing construction of a new facility or
specified types of alteration or additions to an existing
long term care facility involving major construction, as
defined by rule by the Department, with an estimated cost
greater than $100,000, architectural drawings and
specifications for the facility shall be submitted to the
Department for review and approval. A facility may submit
architectural drawings and specifications for other
construction projects for Department review according to
subsection (b) that shall not be subject to fees under
subsection (d). Review of drawings and specifications shall
be conducted by an employee of the Department meeting the
qualifications established by the Department of Central
Management Services class specifications for such an
individual's position or by a person contracting with the
Department who meets those class specifications. Final
approval of the drawings and specifications for compliance
with design and construction standards shall be obtained from
the Department before the alteration, addition, or new
construction is begun.
(b) The Department shall inform an applicant in writing
within 10 working days after receiving drawings and
specifications and the required fee, if any, from the
applicant whether the applicant's submission is complete or
incomplete. Failure to provide the applicant with this
notice within 10 working days shall result in the submission
being deemed complete for purposes of initiating the 60-day
review period under this Section. If the submission is
incomplete, the Department shall inform the applicant of the
deficiencies with the submission in writing. If the
submission is complete the required fee, if any, has been
paid, the Department shall approve or disapprove drawings and
specifications submitted to the Department no later than 60
days following receipt by the Department. The drawings and
specifications shall be of sufficient detail, as provided by
Department rule, to enable the Department to render a
determination of compliance with design and construction
standards under this Act. If the Department finds that the
drawings are not of sufficient detail for it to render a
determination of compliance, the plans shall be determined to
be incomplete and shall not be considered for purposes of
initiating the 60 day review period. If a submission of
drawings and specifications is incomplete, the applicant may
submit additional information. The 60-day review period
shall not commence until the Department determines that a
submission of drawings and specifications is complete or the
submission is deemed complete. If the Department has not
approved or disapproved the drawings and specifications
within 60 days, the construction, major alteration, or
addition shall be deemed approved. If the drawings and
specifications are disapproved, the Department shall state in
writing, with specificity, the reasons for the disapproval.
The entity submitting the drawings and specifications may
submit additional information in response to the written
comments from the Department or request a reconsideration of
the disapproval. A final decision of approval or disapproval
shall be made within 45 days of the receipt of the additional
information or reconsideration request. If denied, the
Department shall state the specific reasons for the denial.
(c) The Department shall provide written approval for
occupancy pursuant to subsection (g) and shall not issue a
violation to a facility as a result of a licensure or
complaint survey based upon the facility's physical structure
if:
(1) the Department reviewed and approved or deemed
approved the drawings and specifications for compliance
with design and construction standards;
(2) the construction, major alteration, or addition
was built as submitted;
(3) the law or rules have not been amended since
the original approval; and
(4) the conditions at the facility indicate that
there is a reasonable degree of safety provided for the
residents.
(d) The Department shall charge the following fees in
connection with its reviews conducted before June 30, 2004
2000 under this Section:
(1) (Blank).
(2) (Blank).
(3) If the estimated dollar value of the
alteration, addition, or new construction is $100,000 or
more but less than $500,000, the fee shall be the greater
of $2,400 or 1.2% of that value.
(4) If the estimated dollar value of the
alteration, addition, or new construction is $500,000 or
more but less than $1,000,000, the fee shall be the
greater of $6,000 or 0.96% of that value.
(5) If the estimated dollar value of the
alteration, addition, or new construction is $1,000,000
or more but less than $5,000,000, the fee shall be the
greater of $9,600 or 0.22% of that value.
(6) If the estimated dollar value of the
alteration, addition, or new construction is $5,000,000
or more, the fee shall be the greater of $11,000 or 0.11%
of that value, but shall not exceed $40,000.
The fees provided in this subsection (d) shall not apply
to major construction projects involving facility changes
that are required by Department rule amendments.
The fees provided in this subsection (d) shall also not
apply to major construction projects if 51% or more of the
estimated cost of the project is attributed to capital
equipment. For major construction projects where 51% or more
of the estimated cost of the project is attributed to capital
equipment, the Department shall by rule establish a fee that
is reasonably related to the cost of reviewing the project.
The Department shall not commence the facility plan
review process under this Section until the applicable fee
has been paid.
(e) All fees received by the Department under this
Section shall be deposited into the Health Facility Plan
Review Fund, a special fund created in the State Treasury.
All fees paid by long-term care facilities under subsection
(d) shall be used only to cover the costs relating to the
Department's review of long-term care facility projects under
this Section. Moneys shall be appropriated from that Fund to
the Department only to pay the costs of conducting reviews
under this Section. None of the moneys in the Health Facility
Plan Review Fund shall be used to reduce the amount of
General Revenue Fund moneys appropriated to the Department
for facility plan reviews conducted pursuant to this Section.
(f) (1) The provisions of this amendatory Act of 1997
concerning drawings and specifications shall apply only
to drawings and specifications submitted to the
Department on or after October 1, 1997.
(2) On and after the effective date of this
amendatory Act of 1997 and before October 1, 1997, an
applicant may submit or resubmit drawings and
specifications to the Department and pay the fees
provided in subsection (d). If an applicant pays the
fees provided in subsection (d) under this paragraph (2),
the provisions of subsection (b) shall apply with regard
to those drawings and specifications.
(g) The Department shall conduct an on-site inspection
of the completed project no later than 30 days after
notification from the applicant that the project has been
completed and all certifications required by the Department
have been received and accepted by the Department. The
Department shall provide written approval for occupancy to
the applicant within 5 working days of the Department's final
inspection, provided the applicant has demonstrated
substantial compliance as defined by Department rule.
Occupancy of new major construction is prohibited until
Department approval is received, unless the Department has
not acted within the time frames provided in this subsection
(g), in which case the construction shall be deemed approved.
Occupancy shall be authorized after any required health
inspection by the Department has been conducted.
(h) The Department shall establish, by rule, a procedure
to conduct interim on-site review of large or complex
construction projects.
(i) The Department shall establish, by rule, an
expedited process for emergency repairs or replacement of
like equipment.
(j) Nothing in this Section shall be construed to apply
to maintenance, upkeep, or renovation that does not affect
the structural integrity of the building, does not add beds
or services over the number for which the long-term care
facility is licensed, and provides a reasonable degree of
safety for the residents.
(Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.)
Section 45. The Hospital Licensing Act is amended by
changing Section 8 as follows:
(210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
Sec. 8. Facility plan review; fees.
(a) Before commencing construction of new facilities or
specified types of alteration or additions to an existing
hospital involving major construction, as defined by rule by
the Department, with an estimated cost greater than $100,000,
architectural plans and specifications therefor shall be
submitted by the licensee to the Department for review and
approval. A hospital may submit architectural drawings and
specifications for other construction projects for Department
review according to subsection (b) that shall not be subject
to fees under subsection (d). Review of drawings and
specifications shall be conducted by an employee of the
Department meeting the qualifications established by the
Department of Central Management Services class
specifications for such an individual's position or by a
person contracting with the Department who meets those class
specifications. Final approval of the plans and
specifications for compliance with design and construction
standards shall be obtained from the Department before the
alteration, addition, or new construction is begun.
(b) The Department shall inform an applicant in writing
within 10 working days after receiving drawings and
specifications and the required fee, if any, from the
applicant whether the applicant's submission is complete or
incomplete. Failure to provide the applicant with this
notice within 10 working days shall result in the submission
being deemed complete for purposes of initiating the 60-day
review period under this Section. If the submission is
incomplete, the Department shall inform the applicant of the
deficiencies with the submission in writing. If the
submission is complete and the required fee, if any, has been
paid, the Department shall approve or disapprove drawings and
specifications submitted to the Department no later than 60
days following receipt by the Department. The drawings and
specifications shall be of sufficient detail, as provided by
Department rule, to enable the Department to render a
determination of compliance with design and construction
standards under this Act. If the Department finds that the
drawings are not of sufficient detail for it to render a
determination of compliance, the plans shall be determined to
be incomplete and shall not be considered for purposes of
initiating the 60 day review period. If a submission of
drawings and specifications is incomplete, the applicant may
submit additional information. The 60-day review period
shall not commence until the Department determines that a
submission of drawings and specifications is complete or the
submission is deemed complete. If the Department has not
approved or disapproved the drawings and specifications
within 60 days, the construction, major alteration, or
addition shall be deemed approved. If the drawings and
specifications are disapproved, the Department shall state in
writing, with specificity, the reasons for the disapproval.
The entity submitting the drawings and specifications may
submit additional information in response to the written
comments from the Department or request a reconsideration of
the disapproval. A final decision of approval or disapproval
shall be made within 45 days of the receipt of the additional
information or reconsideration request. If denied, the
Department shall state the specific reasons for the denial.
(c) The Department shall provide written approval for
occupancy pursuant to subsection (g) and shall not issue a
violation to a facility as a result of a licensure or
complaint survey based upon the facility's physical structure
if:
(1) the Department reviewed and approved or deemed
approved the drawing and specifications for compliance
with design and construction standards;
(2) the construction, major alteration, or addition
was built as submitted;
(3) the law or rules have not been amended since
the original approval; and
(4) the conditions at the facility indicate that
there is a reasonable degree of safety provided for the
patients.
(d) The Department shall charge the following fees in
connection with its reviews conducted before June 30, 2004
2000 under this Section:
(1) (Blank).
(2) (Blank).
(3) If the estimated dollar value of the
alteration, addition, or new construction is $100,000 or
more but less than $500,000, the fee shall be the greater
of $2,400 or 1.2% of that value.
(4) If the estimated dollar value of the
alteration, addition, or new construction is $500,000 or
more but less than $1,000,000, the fee shall be the
greater of $6,000 or 0.96% of that value.
(5) If the estimated dollar value of the
alteration, addition, or new construction is $1,000,000
or more but less than $5,000,000, the fee shall be the
greater of $9,600 or 0.22% of that value.
(6) If the estimated dollar value of the
alteration, addition, or new construction is $5,000,000
or more, the fee shall be the greater of $11,000 or 0.11%
of that value, but shall not exceed $40,000.
The fees provided in this subsection (d) shall not apply
to major construction projects involving facility changes
that are required by Department rule amendments.
The fees provided in this subsection (d) shall also not
apply to major construction projects if 51% or more of the
estimated cost of the project is attributed to capital
equipment. For major construction projects where 51% or more
of the estimated cost of the project is attributed to capital
equipment, the Department shall by rule establish a fee that
is reasonably related to the cost of reviewing the project.
The Department shall not commence the facility plan
review process under this Section until the applicable fee
has been paid.
(e) All fees received by the Department under this
Section shall be deposited into the Health Facility Plan
Review Fund, a special fund created in the State treasury.
All fees paid by hospitals under subsection (d) shall be used
only to cover the costs relating to the Department's review
of hospital projects under this Section. Moneys shall be
appropriated from that Fund to the Department only to pay the
costs of conducting reviews under this Section. None of the
moneys in the Health Facility Plan Review Fund shall be used
to reduce the amount of General Revenue Fund moneys
appropriated to the Department for facility plan reviews
conducted pursuant to this Section.
(f) (1) The provisions of this amendatory Act of 1997
concerning drawings and specifications shall apply only
to drawings and specifications submitted to the
Department on or after October 1, 1997.
(2) On and after the effective date of this
amendatory Act of 1997 and before October 1, 1997, an
applicant may submit or resubmit drawings and
specifications to the Department and pay the fees
provided in subsection (d). If an applicant pays the
fees provided in subsection (d) under this paragraph (2),
the provisions of subsection (b) shall apply with regard
to those drawings and specifications.
(g) The Department shall conduct an on-site inspection
of the completed project no later than 30 days after
notification from the applicant that the project has been
completed and all certifications required by the Department
have been received and accepted by the Department. The
Department shall provide written approval for occupancy to
the applicant within 5 working days of the Department's final
inspection, provided the applicant has demonstrated
substantial compliance as defined by Department rule.
Occupancy of new major construction is prohibited until
Department approval is received, unless the Department has
not acted within the time frames provided in this subsection
(g), in which case the construction shall be deemed approved.
Occupancy shall be authorized after any required health
inspection by the Department has been conducted.
(h) The Department shall establish, by rule, a procedure
to conduct interim on-site review of large or complex
construction projects.
(i) The Department shall establish, by rule, an
expedited process for emergency repairs or replacement of
like equipment.
(j) Nothing in this Section shall be construed to apply
to maintenance, upkeep, or renovation that does not affect
the structural integrity of the building, does not add beds
or services over the number for which the facility is
licensed, and provides a reasonable degree of safety for the
patients.
(Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.)
Section 50. The Children's Health Insurance Program Act
is amended by changing Section 97 as follows:
(215 ILCS 106/97)
(Section scheduled to be repealed on June 30, 2001)
Sec. 97. Repealer. This Act is repealed on July 1, 2002
June 30, 2001.
(Source: P.A. 90-736, eff. 8-12-98.)
Section 55. The Illinois Public Aid Code is amended by
changing Sections 5-2, 5-5.4, 10-26, 12-4.34, 12-10.2, and
12-10.4 and adding Section 12-8.1 as follows:
(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
Sec. 5-2. Classes of Persons Eligible. Medical
assistance under this Article shall be available to any of
the following classes of persons in respect to whom a plan
for coverage has been submitted to the Governor by the
Illinois Department and approved by him:
1. Recipients of basic maintenance grants under Articles
III and IV.
2. Persons otherwise eligible for basic maintenance
under Articles III and IV but who fail to qualify thereunder
on the basis of need, and who have insufficient income and
resources to meet the costs of necessary medical care,
including but not limited to, all persons who would be
determined eligible for such basic maintenance under Article
IV by disregarding the maximum earned income permitted by
federal law.
3. Persons who would otherwise qualify for Aid to the
Medically Indigent under Article VII.
4. Persons not eligible under any of the preceding
paragraphs who fall sick, are injured, or die, not having
sufficient money, property or other resources to meet the
costs of necessary medical care or funeral and burial
expenses.
5. (a) Women during pregnancy, after the fact of
pregnancy has been determined by medical diagnosis, and
during the 60-day period beginning on the last day of the
pregnancy, together with their infants and children born
after September 30, 1983, whose income and resources are
insufficient to meet the costs of necessary medical care
to the maximum extent possible under Title XIX of the
Federal Social Security Act.
(b) The Illinois Department and the Governor shall
provide a plan for coverage of the persons eligible under
paragraph 5(a) by April 1, 1990. Such plan shall provide
ambulatory prenatal care to pregnant women during a
presumptive eligibility period and establish an income
eligibility standard that is equal to 133% of the nonfarm
income official poverty line, as defined by the federal
Office of Management and Budget and revised annually in
accordance with Section 673(2) of the Omnibus Budget
Reconciliation Act of 1981, applicable to families of the
same size, provided that costs incurred for medical care
are not taken into account in determining such income
eligibility.
(c) The Illinois Department may conduct a
demonstration in at least one county that will provide
medical assistance to pregnant women, together with their
infants and children up to one year of age, where the
income eligibility standard is set up to 185% of the
nonfarm income official poverty line, as defined by the
federal Office of Management and Budget. The Illinois
Department shall seek and obtain necessary authorization
provided under federal law to implement such a
demonstration. Such demonstration may establish resource
standards that are not more restrictive than those
established under Article IV of this Code.
6. Persons under the age of 18 who fail to qualify as
dependent under Article IV and who have insufficient income
and resources to meet the costs of necessary medical care to
the maximum extent permitted under Title XIX of the Federal
Social Security Act.
7. Persons who are 18 years of age or younger and would
qualify as disabled as defined under the Federal Supplemental
Security Income Program, provided medical service for such
persons would be eligible for Federal Financial
Participation, and provided the Illinois Department
determines that:
(a) the person requires a level of care provided by
a hospital, skilled nursing facility, or intermediate
care facility, as determined by a physician licensed to
practice medicine in all its branches;
(b) it is appropriate to provide such care outside
of an institution, as determined by a physician licensed
to practice medicine in all its branches;
(c) the estimated amount which would be expended
for care outside the institution is not greater than the
estimated amount which would be expended in an
institution.
8. Persons who become ineligible for basic maintenance
assistance under Article IV of this Code in programs
administered by the Illinois Department due to employment
earnings and persons in assistance units comprised of adults
and children who become ineligible for basic maintenance
assistance under Article VI of this Code due to employment
earnings. The plan for coverage for this class of persons
shall:
(a) extend the medical assistance coverage for up
to 12 months following termination of basic maintenance
assistance; and
(b) offer persons who have initially received 6
months of the coverage provided in paragraph (a) above,
the option of receiving an additional 6 months of
coverage, subject to the following:
(i) such coverage shall be pursuant to
provisions of the federal Social Security Act;
(ii) such coverage shall include all services
covered while the person was eligible for basic
maintenance assistance;
(iii) no premium shall be charged for such
coverage; and
(iv) such coverage shall be suspended in the
event of a person's failure without good cause to
file in a timely fashion reports required for this
coverage under the Social Security Act and coverage
shall be reinstated upon the filing of such reports
if the person remains otherwise eligible.
9. Persons with acquired immunodeficiency syndrome
(AIDS) or with AIDS-related conditions with respect to whom
there has been a determination that but for home or
community-based services such individuals would require the
level of care provided in an inpatient hospital, skilled
nursing facility or intermediate care facility the cost of
which is reimbursed under this Article. Assistance shall be
provided to such persons to the maximum extent permitted
under Title XIX of the Federal Social Security Act.
10. Participants in the long-term care insurance
partnership program established under the Partnership for
Long-Term Care Act who meet the qualifications for protection
of resources described in Section 25 of that Act.
11. Persons with disabilities who are employed and
eligible for Medicaid, pursuant to Section
1902(a)(10)(A)(ii)(xv) of the Social Security Act, as
provided by the Illinois Department by rule.
The Illinois Department and the Governor shall provide a
plan for coverage of the persons eligible under paragraph 7
as soon as possible after July 1, 1984.
The eligibility of any such person for medical assistance
under this Article is not affected by the payment of any
grant under the Senior Citizens and Disabled Persons Property
Tax Relief and Pharmaceutical Assistance Act or any
distributions or items of income described under subparagraph
(X) of paragraph (2) of subsection (a) of Section 203 of the
Illinois Income Tax Act. The Department shall by rule
establish the amounts of assets to be disregarded in
determining eligibility for medical assistance, which shall
at a minimum equal the amounts to be disregarded under the
Federal Supplemental Security Income Program. The amount of
assets of a single person to be disregarded shall not be less
than $2,000, and the amount of assets of a married couple to
be disregarded shall not be less than $3,000.
To the extent permitted under federal law, any person
found guilty of a second violation of Article VIIIA shall be
ineligible for medical assistance under this Article, as
provided in Section 8A-8.
The eligibility of any person for medical assistance
under this Article shall not be affected by the receipt by
the person of donations or benefits from fundraisers held for
the person in cases of serious illness, as long as neither
the person nor members of the person's family have actual
control over the donations or benefits or the disbursement of
the donations or benefits.
(Source: P.A. 91-676, eff. 12-23-99.)
(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
Sec. 5-5.4. Standards of Payment - Department of Public
Aid. The Department of Public Aid shall develop standards of
payment of skilled nursing and intermediate care services in
facilities providing such services under this Article which:
(1) Provides for the determination of a facility's
payment for skilled nursing and intermediate care services on
a prospective basis. The amount of the payment rate for all
nursing facilities certified under the medical assistance
program shall be prospectively established annually on the
basis of historical, financial, and statistical data
reflecting actual costs from prior years, which shall be
applied to the current rate year and updated for inflation,
except that the capital cost element for newly constructed
facilities shall be based upon projected budgets. The
annually established payment rate shall take effect on July 1
in 1984 and subsequent years. Rate increases shall be
provided annually thereafter on July 1 in 1984 and on each
subsequent July 1 in the following years, except that no rate
increase and no update for inflation shall be provided on or
after July 1, 1994 and before July 1, 2001 2000, unless
specifically provided for in this Section.
For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on July
1, 1998 shall include an increase of 3%. For facilities
licensed by the Department of Public Health under the Nursing
Home Care Act as Skilled Nursing facilities or Intermediate
Care facilities, the rates taking effect on July 1, 1998
shall include an increase of 3% plus $1.10 per resident-day,
as defined by the Department.
For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on July
1, 1999 shall include an increase of 1.6% plus $3.00 per
resident-day, as defined by the Department. For facilities
licensed by the Department of Public Health under the Nursing
Home Care Act as Skilled Nursing facilities or Intermediate
Care facilities, the rates taking effect on July 1, 1999
shall include an increase of 1.6% and, for services provided
on or after October 1, 1999, shall be increased by $4.00 per
resident-day, as defined by the Department.
For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on July
1, 2000 shall include an increase of 2.5% per resident-day,
as defined by the Department. For facilities licensed by the
Department of Public Health under the Nursing Home Care Act
as Skilled Nursing facilities or Intermediate Care
facilities, the rates taking effect on July 1, 2000 shall
include an increase of 2.5% per resident-day, as defined by
the Department.
Rates established effective each July 1 shall govern
payment for services rendered throughout that fiscal year,
except that rates established on July 1, 1996 shall be
increased by 6.8% for services provided on or after January
1, 1997. Such rates will be based upon the rates calculated
for the year beginning July 1, 1990, and for subsequent years
thereafter shall be based on the facility cost reports for
the facility fiscal year ending at any point in time during
the previous calendar year, updated to the midpoint of the
rate year. The cost report shall be on file with the
Department no later than April 1 of the current rate year.
Should the cost report not be on file by April 1, the
Department shall base the rate on the latest cost report
filed by each skilled care facility and intermediate care
facility, updated to the midpoint of the current rate year.
In determining rates for services rendered on and after July
1, 1985, fixed time shall not be computed at less than zero.
The Department shall not make any alterations of regulations
which would reduce any component of the Medicaid rate to a
level below what that component would have been utilizing in
the rate effective on July 1, 1984.
(2) Shall take into account the actual costs incurred by
facilities in providing services for recipients of skilled
nursing and intermediate care services under the medical
assistance program.
(3) Shall take into account the medical and
psycho-social characteristics and needs of the patients.
(4) Shall take into account the actual costs incurred by
facilities in meeting licensing and certification standards
imposed and prescribed by the State of Illinois, any of its
political subdivisions or municipalities and by the U.S.
United States Department of Health and Human Services,
Education and Welfare pursuant to Title XIX of the Social
Security Act.
The Department of Public Aid shall develop precise
standards for payments to reimburse nursing facilities for
any utilization of appropriate rehabilitative personnel for
the provision of rehabilitative services which is authorized
by federal regulations, including reimbursement for services
provided by qualified therapists or qualified assistants, and
which is in accordance with accepted professional practices.
Reimbursement also may be made for utilization of other
supportive personnel under appropriate supervision.
(Source: P.A. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98; 91-24,
eff. 7-1-99.)
(305 ILCS 5/10-26)
Sec. 10-26. State Disbursement Unit.
(a) Effective October 1, 1999 the Illinois Department
shall establish a State Disbursement Unit in accordance with
the requirements of Title IV-D of the Social Security Act.
The Illinois Department shall enter into an agreement with a
State or local governmental unit or private entity to perform
the functions of the State Disbursement Unit as set forth in
this Section. The State Disbursement Unit shall collect and
disburse support payments made under court and administrative
support orders:
(1) being enforced in cases in which child and
spouse support services are being provided under this
Article X; and
(2) in all cases in which child and spouse support
services are not being provided under this Article X and
in which support payments are made under the provisions
of the Income Withholding for Support Act.
(a-5) If the State Disbursement Unit receives a support
payment that was not appropriately made to the Unit under
this Section, the Unit shall immediately return the payment
to the sender, including, if possible, instructions detailing
where to send the support payments.
(b) All payments received by the State Disbursement
Unit:
(1) shall be deposited into an account obtained by
the State or local governmental unit or private entity,
as the case may be, and
(2) distributed and disbursed by the State
Disbursement Unit, in accordance with the directions of
the Illinois Department, pursuant to Title IV-D of the
Social Security Act and rules promulgated by the
Department.
(c) All support payments assigned to the Illinois
Department under Article X of this Code and rules promulgated
by the Illinois Department that are disbursed to the Illinois
Department by the State Disbursement Unit shall be paid into
the Child Support Enforcement Trust Fund.
(d) If the agreement with the State or local
governmental unit or private entity provided for in this
Section is not in effect for any reason, the Department shall
perform the functions of the State Disbursement Unit as set
forth in this Section for a maximum of 12 months. Payments
received by the Department in performance of the duties of
the State Disbursement Unit shall be deposited into the State
Disbursement Unit Revolving Fund established under Section
12-8.1.
(e) By February 1, 2000, the Illinois Department shall
conduct at least 4 regional training and educational seminars
to educate the clerks of the circuit court on the general
operation of the State Disbursement Unit, the role of the
State Disbursement Unit, and the role of the clerks of the
circuit court in the collection and distribution of child
support payments.
(f) By March 1, 2000, the Illinois Department shall
conduct at least 4 regional educational and training seminars
to educate payors, as defined in the Income Withholding for
Support Act, on the general operation of the State
Disbursement Unit, the role of the State Disbursement Unit,
and the distribution of income withholding payments pursuant
to this Section and the Income Withholding for Support Act.
(Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)
(305 ILCS 5/12-4.34)
(Section scheduled to be repealed on August 31, 2000)
Sec. 12-4.34. Services to noncitizens.
(a) Subject to specific appropriation for this purpose
and notwithstanding Sections 1-11 and 3-1 of this Code, the
Department of Human Services is authorized to provide
services to legal immigrants, including but not limited to
naturalization and nutrition services and financial
assistance. The nature of these services, payment levels,
and eligibility conditions shall be determined by rule.
(b) The Illinois Department is authorized to lower the
payment levels established under this subsection or take such
other actions during the fiscal year as are necessary to
ensure that payments under this subsection do not exceed the
amounts appropriated for this purpose. These changes may be
accomplished by emergency rule under Section 5-45 of the
Illinois Administrative Procedure Act, except that the
limitation on the number of emergency rules that may be
adopted in a 24-month period shall not apply.
(c) This Section is repealed on August 31, 2001 2000.
(Source: P.A. 90-564, eff. 12-22-97; 90-588, eff. 7-1-98;
91-24, eff. 7-1-99.)
(305 ILCS 5/12-8.1 new)
Sec. 12-8.1. State Disbursement Unit Revolving Fund.
(a) There is created a revolving fund to be known as the
State Disbursement Unit Revolving Fund, to be held by the
State Treasurer as ex officio custodian, for the following
purposes:
(1) the deposit of all support payments received by
the Illinois Department's State Disbursement Unit; and
(2) the disbursement of such payments in accordance
with the provisions of Title IV-D of the Social Security
Act and rules promulgated by the Department.
(b) The provisions of this Section shall apply only if
the Department performs the functions of the State
Disbursement Unit under paragraph (d) of Section 10-26.
(c) Moneys in the State Disbursement Unit Revolving Fund
shall be expended upon the direction of the Director.
(305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
Sec. 12-10.2. The Child Support Enforcement Trust Fund.
(a) The Child Support Enforcement Trust Fund, to be held
by the State Treasurer as ex-officio custodian outside the
State Treasury, pursuant to the Child Support Enforcement
Program established by Title IV-D of the Social Security Act,
shall consist of:
(1) all support payments assigned to the Illinois
Department under Article X of this Code and rules
promulgated by the Illinois Department that are disbursed
to the Illinois Department by the State Disbursement Unit
established under Section 10-26, and
(2) all support payments received by the Illinois
Department as a result of the Child Support Enforcement
Program established by Title IV-D of the Social Security
Act that are not required or directed to be paid to the
State Disbursement Unit established under Section 10-26,
(3) all federal grants received by the Illinois
Department funded by Title IV-D of the Social Security
Act, except those federal funds received under the Title
IV-D program as reimbursement for expenditures from the
General Revenue Fund, and
(4) (3) incentive payments received by the Illinois
Department from other states or political subdivisions of
other states for the enforcement and collection by the
Department of an assigned child support obligation in
behalf of such other states or their political
subdivisions pursuant to the provisions of Title IV-D of
the Social Security Act, and
(5) (4) incentive payments retained by the Illinois
Department from the amounts which otherwise would be paid
to the federal government to reimburse the federal
government's share of the support collection for the
Department's enforcement and collection of an assigned
support obligation on behalf of the State of Illinois
pursuant to the provisions of Title IV-D of the Social
Security Act, and
(6) (5) all fees charged by the Department for
child support enforcement services, as authorized under
Title IV-D of the Social Security Act and Section 10-1 of
this Code, and any other fees, costs, fines, recoveries,
or penalties provided for by State or federal law and
received by the Department under the Child Support
Enforcement Program established by Title IV-D of the
Social Security Act, and
(7) (6) all amounts appropriated by the General
Assembly for deposit into the Fund, and
(8) (7) any gifts, grants, donations, or awards
from individuals, private businesses, nonprofit
associations, and governmental entities.
(b) Disbursements from this Fund shall be only for the
following purposes:
(1) for the reimbursement of funds received by the
Illinois Department through error or mistake, and
(2) for payments to non-recipients, current
recipients, and former recipients of financial aid of
support payments received on their behalf under Article X
of this Code that are not required to be disbursed by the
State Disbursement Unit established under Section 10.26,
(3) for any other payments required by law to be
paid by the Illinois Department to non-recipients,
current recipients, and former recipients (blank), and
(4) (3) for payment of any administrative expenses,
including payment to the Health Insurance Reserve Fund
for group insurance costs at the rate certified by the
Department of Central Management Services, except those
required to be paid from the General Revenue Fund,
including personal and contractual services, incurred in
performing the Title IV-D activities authorized by
Article X of this Code, and
(5) (4) for the reimbursement of the Public
Assistance Emergency Revolving Fund for expenditures made
from that Fund for payments to former recipients of
public aid for child support made to the Illinois
Department when the former public aid recipient is
legally entitled to all or part of the child support
payments, pursuant to the provisions of Title IV-D of the
Social Security Act, and
(6) (5) for the payment of incentive amounts owed
to other states or political subdivisions of other states
that enforce and collect an assigned support obligation
on behalf of the State of Illinois pursuant to the
provisions of Title IV-D of the Social Security Act, and
(7) (6) for the payment of incentive amounts owed
to political subdivisions of the State of Illinois that
enforce and collect an assigned support obligation on
behalf of the State pursuant to the provisions of Title
IV-D of the Social Security Act, and
(8) (7) for payments of any amounts which are
reimbursable to the Federal government which are required
to be paid by State warrant by either the State or
Federal government.
Disbursements from this Fund shall be by warrants drawn
by the State Comptroller on receipt of vouchers duly executed
and certified by the Illinois Department or any other State
agency that receives an appropriation from the Fund.
(Source: P.A. 90-18, eff. 7-1-97; 90-587, eff. 6-4-98;
91-212, eff. 7-20-99; 91-400, eff. 7-30-99; revised 10-7-99.)
(305 ILCS 5/12-10.4)
Sec. 12-10.4. Juvenile Rehabilitation Services Medicaid
Matching Fund. There is created in the State Treasury the
Juvenile Rehabilitation Services Medicaid Matching Fund.
Deposits to this Fund shall consist of all moneys received
from the federal government for behavioral health services
secured by counties under the Medicaid Rehabilitation Option
pursuant to Title XIX of the Social Security Act or under the
Children's Health Insurance Program pursuant to the
Children's Health Insurance Program Act and Title XXI of the
Social Security Act for minors who are committed to mental
health facilities by the Illinois court system and for
residential placements secured by the Department of
Corrections for minors as a condition of their parole.
Disbursements from the Fund shall be made, subject to
appropriation, by the Illinois Department of Public Aid for
grants to the Department of Corrections and those counties
which secure behavioral health services ordered by the courts
and which have an interagency agreement with the Department
and submit detailed bills according to standards determined
by the Department.
(Source: P.A. 90-587, eff. 7-1-98; 91-266, eff. 7-23-99.)
Section 58. The Illinois Aeronautics Act is amended by
changing Section 34b as follows:
(620 ILCS 5/34b)
Sec. 34b. Airport Land Loan Program.
(a) The Department may make loans to public airport
owners for the purchase of any real estate interests as may
be needed for essential airport purposes, including future
needs, subject to the following conditions:
(1) loans may be made only to public airport owners
that are operating an airport as of January 1, 1999; and
(2) loans may not be made for airports that provide
scheduled commercial air service in counties of greater
than 5,000,000 population.
The loans are payable from the Airport Land Loan
Revolving Fund, subject to appropriation. All repayments of
loans made pursuant to this Section, including interest
thereon and penalties, shall be deposited in the Airport Land
Loan Revolving Fund. The Treasurer shall deposit all
investment earnings arising from balances in the Airport Land
Loan Revolving Fund in that Fund.
(b) All loans under this Section shall be made by
contract between the Department and the public airport owner,
which contract shall include the following provisions:
(1) The annual rate of interest shall be the lesser
of (A) 2 percent below the Prime Rate charged by banks,
as published by the Federal Reserve Board, in effect at
the time the Department approves the loan, or (B) a rate
determined by the Department, after consultation with the
Bureau of the Budget, that will not adversely affect the
tax-exempt status of interest on the bonds of the State
issued in whole or in part to make deposits into the
Airport Land Loan Revolving Fund, nor diminish the
benefit to the State of the tax-exempt status of the
interest on such bonds but in no event shall less than 2
percent be charged.
(2) The term of any loan shall not exceed five
years, but it may be for less by mutual agreement.
(3) Loan payments shall be scheduled in equal
amounts for the periods determined under paragraph (4) of
this Section. The loan payments shall be calculated so
that the loan is completely repaid, with interest, on
outstanding balances, by the end of the term determined
under paragraph (2) of this Section. There shall be no
penalty for early payment ahead of the payment schedule.
(4) The period of loan payments shall be annual,
unless by mutual agreement a period of less than one year
is chosen.
(5) The loan shall be secured with the land
purchased, in whole or in part, with the loan and
considered as collateral. The public airport owner shall
assign a first priority interest in the property to the
State.
(6) If the loan payment is not made within 15 days
after the scheduled date determined under paragraph (3)
of this Section, a penalty of 10% of the payment shall be
assessed. If 30 days after the scheduled payment date no
payment has been received, the loan shall be considered
in default.
(7) As soon as a loan is considered in default, the
Department shall notify the public airport owner and
attempt to enter into a renegotiation of the loan payment
amounts and schedule determined under paragraph (3) of
this Section. In no case shall the term of the loan be
extended beyond the initial term determined under
paragraph (2) of this Section; nor shall the interest
rate be lowered nor any interest be forgiven. If a
renegotiation of loan payment amounts and schedule is
obtained to the Department's satisfaction within 30 days
of notification of default, then the new payment schedule
shall replace the one determined by paragraph (3) of this
Section and shall be used to measure compliance with the
loan for purposes of default. If after 30 days of
notification of default the Department has not obtained a
renegotiation to its satisfaction, the Department shall
declare the loan balance due and payable immediately. If
the public airport owner cannot immediately pay the
balance of the loan, the Department shall proceed to
foreclose.
(c) The Department may promulgate any rules that it
finds appropriate to implement this Airport Land Loan
Program.
(d) The Airport Land Loan Revolving Fund is created in
the State Treasury.
(Source: P.A. 91-543, eff. 8-14-99.)
Section 60. The Unemployment Insurance Act is amended by
changing Section 1300 as follows:
(820 ILCS 405/1300) (from Ch. 48, par. 540)
Sec. 1300. Waiver or transfer of benefit rights -
Partial exemption.
(A) Except as otherwise provided herein any agreement by
an individual to waive, release or commute his rights under
this Act shall be void.
(B) Benefits due under this Act shall not be assigned,
pledged, encumbered, released or commuted and shall be exempt
from all claims of creditors and from levy, execution and
attachment or other remedy for recovery or collection of a
debt. However, nothing in this Section shall prohibit a
specified or agreed upon deduction from benefits by an
individual, or a court or administrative order for
withholding of income, for payment of past due child support
from being enforced and collected by the Department of Public
Aid on behalf of persons receiving a grant of financial aid
under Article IV of the Illinois Public Aid Code, persons for
whom an application has been made and approved for support
services under Section 10-1 of such Code, or persons
similarly situated and receiving like support services in
other states. It is provided that:
(1) The aforementioned deduction of benefits and
order for withholding of income apply only if appropriate
arrangements have been made for reimbursement to the
Director by the Department of Public Aid for any
administrative costs incurred by the Director under this
Section.
(2) The Director shall deduct and withhold from
benefits payable under this Act, or under any arrangement
for the payment of benefits entered into by the Director
pursuant to the powers granted under Section 2700 of this
Act, the amount specified or agreed upon. In the case of
a court or administrative order for withholding of
income, the Director shall withhold the amount of the
order.
(3) Any amount deducted and withheld by the
Director shall be paid to the Department of Public Aid or
the State Disbursement Unit established under Section
10-26 of the Illinois Public Aid Code, as directed by the
Department of Public Aid, on behalf of the individual.
(4) Any amount deducted and withheld under
subsection (3) shall for all purposes be treated as if it
were paid to the individual as benefits and paid by such
individual to the Department of Public Aid or the State
Disbursement Unit in satisfaction of the individual's
child support obligations.
(5) For the purpose of this Section, child support
is defined as those obligations which are being enforced
pursuant to a plan described in Title IV, Part D, Section
454 of the Social Security Act and approved by the
Secretary of Health and Human Services.
(6) The deduction of benefits and order for
withholding of income for child support shall be governed
by Titles III and IV of the Social Security Act and all
regulations duly promulgated thereunder.
(C) Nothing in this Section prohibits an individual from
voluntarily electing to have federal income tax deducted and
withheld from his or her unemployment insurance benefit
payments.
(1) The Director shall, at the time that an
individual files his or her claim for benefits that
establishes his or her benefit year, inform the
individual that:
(a) unemployment insurance is subject to
federal, State, and local income taxes;
(b) requirements exist pertaining to estimated
tax payments;
(c) the individual may elect to have federal
income tax deducted and withheld from his or her
payments of unemployment insurance in the amount
specified in the federal Internal Revenue Code; and
(d) the individual is permitted to change a
previously elected withholding status.
(2) Amounts deducted and withheld from unemployment
insurance shall remain in the unemployment fund until
transferred to the federal taxing authority as a payment
of income tax.
(3) The Director shall follow all procedures
specified by the United States Department of Labor and
the federal Internal Revenue Service pertaining to the
deducting and withholding of income tax.
(4) Amounts shall be deducted and withheld in
accordance with the priorities established in rules
promulgated by the Director.
(D) Nothing in this Section prohibits an individual from
voluntarily electing to have State of Illinois income tax
deducted and withheld from his or her unemployment insurance
benefit payments if such deduction and withholding is
provided for pursuant to rules promulgated by the Director.
(1) If pursuant to rules promulgated by the
Director, an individual may voluntarily elect to have
State of Illinois income tax deducted and withheld from
his or her unemployment insurance benefit payments, the
Director shall, at the time that an individual files his
or her claim for benefits that establishes his or her
benefit year, in addition to providing the notice
required under subsection C, inform the individual that:
(a) the individual may elect to have State of
Illinois income tax deducted and withheld from his
or her payments of unemployment insurance in the
amount specified pursuant to rules promulgated by
the Director; and
(b) the individual is permitted to change a
previously elected withholding status.
(2) Amounts deducted and withheld from unemployment
insurance shall remain in the unemployment fund until
transferred to the Department of Revenue as a payment of
State of Illinois income tax.
(3) Amounts shall be deducted and withheld in
accordance with the priorities established in rules
promulgated by the Director.
(E) Nothing in this Section prohibits the deduction and
withholding of an uncollected overissuance of food stamp
coupons from unemployment insurance benefits pursuant to this
subsection (E).
(1) At the time that an individual files a claim
for benefits that establishes his or her benefit year,
that individual must disclose whether or not he or she
owes an uncollected overissuance (as defined in Section
13(c)(1) of the federal Food Stamp Act of 1977) of food
stamp coupons. The Director shall notify the State food
stamp agency enforcing such obligation of any individual
who discloses that he or she owes an uncollected
overissuance of food stamp coupons and who meets the
monetary eligibility requirements of subsection E of
Section 500.
(2) The Director shall deduct and withhold from any
unemployment insurance benefits payable to an individual
who owes an uncollected overissuance of food stamp
coupons:
(a) the amount specified by the individual to
the Director to be deducted and withheld under this
subsection (E);
(b) the amount (if any) determined pursuant to
an agreement submitted to the State food stamp
agency under Section 13(c)(3)(A) of the federal Food
Stamp Act of 1977; or
(c) any amount otherwise required to be
deducted and withheld from unemployment insurance
benefits pursuant to Section 13(c)(3)(B) of the
federal Food Stamp Act of 1977.
(3) Any amount deducted and withheld pursuant to
this subsection (E) shall be paid by the Director to the
State food stamp agency.
(4) Any amount deducted and withheld pursuant to
this subsection (E) shall for all purposes be treated as
if it were paid to the individual as unemployment
insurance benefits and paid by the individual to the
State food stamp agency as repayment of the individual's
uncollected overissuance of food stamp coupons.
(5) For purposes of this subsection (E),
"unemployment insurance benefits" means any compensation
payable under this Act including amounts payable by the
Director pursuant to an agreement under any federal law
providing for compensation, assistance, or allowances
with respect to unemployment.
(6) This subsection (E) applies only if
arrangements have been made for reimbursement by the
State food stamp agency for the administrative costs
incurred by the Director under this subsection (E) which
are attributable to the repayment of uncollected
overissuances of food stamp coupons to the State food
stamp agency.
(Source: P.A. 90-425, eff. 8-15-97; 90-554, eff. 12-12-97;
91-212, eff. 7-20-99.)
Section 99. Effective date. This Act takes effect July
1, 2000.
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