HB5259eng 95TH GENERAL ASSEMBLY

HB5259 Engrossed LRB095 16397 DRJ 42422 b

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by adding Sections 5-5.4d and 5-5.4e as follows:

(305 ILCS 5/5-5.4d new)

Sec. 5-5.4d. ICF/DD; pass-through of SSI or Social Security increase. For facilities licensed by the Department of Public Health under the Nursing Home Care Act as Intermediate Care for the Developmentally Disabled facilities, in any calendar year in which there is a cost-of-living increase in federal Supplemental Security Income benefits or Social Security Administration payments, the Department of Healthcare and Family Services shall increase the per diem rate paid to those facilities under this Article by an amount equal to the total amount of the increase in Supplemental Security Income benefits or Social Security Administration payments.

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

(305 ILCS 5/5-5.4e new)

Sec. 5-5.4e. CILA; pass-through of SSI or Social Security increase. For facilities licensed by the Department of Human Services under the Community-Integrated Living Arrangements Licensure and Certification Act, in any calendar year in which there is a cost-of-living increase in federal Supplemental Security Income benefits or Social Security Administration payments, the Department of Healthcare and Family Services shall increase the per diem rate paid to those facilities under this Article by an amount equal to the total amount of the increase in Supplemental Security Income benefits or Social Security Administration payments.

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

Section 99. Effective date. This Act takes effect upon becoming law.