Full Text of SB2063 100th General Assembly
SB2063 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2063 Introduced 2/10/2017, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED: |
| New Act | | 5 ILCS 100/5-45 | from Ch. 127, par. 1005-45 | 305 ILCS 5/5A-10 | from Ch. 23, par. 5A-10 | 30 ILCS 805/8.41 new | |
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Creates the Unbalanced Budget Response Act. Provides authority and procedures for the Governor to establish contingency reserves of previously appropriated funds, and to transfer balances between special funds in the State treasury and the General Revenue Fund. Describes the agencies and programs subject to this authority. Provides that designated agencies may adopt emergency rules to carry out the purposes of the Act. Defines terms. Provides that the Act is repealed on July 1, 2018. Amends the Illinois Administrative Procedure Act to make conforming changes. Amends the Illinois Public Aid Code. Adds actions taken under the Unbalanced Budget Response Act to a Section relating to applicability. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Unbalanced Budget Response Act. | 6 | | Section 5. Legislative intent. The State is currently | 7 | | confronted with an unprecedented fiscal crisis. Although the | 8 | | Constitution of the State of Illinois requires that spending | 9 | | not exceed available revenues, the State is currently spending | 10 | | in excess of estimated revenues during fiscal year 2017, which | 11 | | is significantly increasing the backlog of unpaid bills. | 12 | | Without substantial corrective action taken by the General | 13 | | Assembly, the fiscal year 2018 budget will also be unbalanced. | 14 | | This Act is to be liberally construed and interpreted in a | 15 | | manner that allows the State to address the fiscal crisis for | 16 | | fiscal years 2017 and 2018. | 17 | | Section 10. Definitions. As used in this Act, "agency" | 18 | | includes all officers, boards, commissions, departments, and | 19 | | agencies of the executive branch of the State government | 20 | | created by the Constitution, statute, or Executive Order, | 21 | | including, but not limited to, public institutions of higher | 22 | | education (as defined in the Board of Higher Education Act). |
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| 1 | | Section 15. Designation of contingency reserves. For the | 2 | | purposes of balancing the State's budget, the Governor may | 3 | | designate, by written notice to the Comptroller, a contingency | 4 | | reserve from the amounts appropriated from funds held by the | 5 | | Treasurer for the State's fiscal years 2017 and 2018 to any | 6 | | agency, including without
limitation amounts appropriated | 7 | | pursuant to a statutory continuing
appropriation; provided, | 8 | | however, that the Governor may not designate amounts to be set | 9 | | aside as a contingency reserve from amounts that have been | 10 | | appropriated for (i) payment of debt service, (ii) to the State | 11 | | Board of Education for general State aid to the common schools | 12 | | pursuant to Section 18-8.05 of the School Code, or (iii) to the | 13 | | State Board of Education for grants or aid for early childhood | 14 | | education. | 15 | | Section 20. Fund transfers. Notwithstanding any other | 16 | | provision of law, for the State's fiscal years 2017 and 2018: | 17 | | (a) at the direction of and upon notification from the | 18 | | Governor, the Comptroller shall direct and the Treasurer shall | 19 | | transfer an amount specified by the Governor from any fund held | 20 | | by the Treasurer to any general fund held by the Treasurer; | 21 | | provided, however, that no transfer may be made out of: (i) any | 22 | | federal trust fund; (ii) any amount set aside for payment of | 23 | | debt service; (iii) amounts held in investments or cash by the | 24 | | State retirement systems governed by Articles 2, 14, 15, 16, or |
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| 1 | | 18 of the Illinois Pension Code; or (iv) the Road Fund; and | 2 | | (b) the Governor, by written notice to the Comptroller, may | 3 | | modify statutory transfers out of any fund held by the | 4 | | Treasurer, and the Comptroller and the Treasurer shall give | 5 | | effect to any such modification; provided, however, that no | 6 | | modification may be made to statutory transfers out of a | 7 | | general fund (i) for payment of debt service, or (ii) to the | 8 | | Road Fund. | 9 | | No transfer made pursuant to this Section may reduce the | 10 | | cumulative balance of all of the funds held by the Treasurer to | 11 | | an amount less than the total debt service payable during the | 12 | | 12 months immediately following the date of the transfer on any | 13 | | bonded indebtedness of the State and any certificates issued | 14 | | under the Short Term Borrowing Act. If the Director of the | 15 | | Governor's Office of Management and Budget determines that any | 16 | | transfer to the general funds from any of the funds from which | 17 | | moneys have been transferred under this Section either (i) | 18 | | jeopardizes federal funding based on a written communication | 19 | | from a federal official or (ii) violates an order of a court of | 20 | | competent jurisdiction, then the Director may order the | 21 | | Treasurer and Comptroller, in writing, to transfer from the | 22 | | General Revenue Fund to that fund all or part of the amounts | 23 | | transferred from that fund under this Section. | 24 | | Section 25. Payment rate modifications. Notwithstanding | 25 | | any other provision of law, for the State's fiscal years 2017 |
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| 1 | | and 2018, the Governor may modify any rate for payments made by | 2 | | an agency to providers of services. | 3 | | Section 30. Limitations; notice. | 4 | | (a) The sum of contingency reserves designated pursuant to | 5 | | Section 15, transfers made pursuant to subsection (a) of | 6 | | Section 20, modifications to transfers pursuant to subsection | 7 | | (b) of Section 20, savings to be realized by the State due to | 8 | | payment rate modifications pursuant to Section 25, and the | 9 | | value of payments delayed pursuant to Section 35 shall not | 10 | | exceed for each fiscal year the amount by which total State | 11 | | spending for that fiscal year is estimated to exceed available | 12 | | revenues for that fiscal year, as determined by the Governor's | 13 | | Office of Management and Budget. | 14 | | (b) The Governor shall provide notice of each contingency | 15 | | reserve designated pursuant to Section 15, transfer made | 16 | | pursuant to subsection (a) of Section 20, modification to | 17 | | transfers pursuant to subsection (b) of Section 20, payment | 18 | | rate modification pursuant to Section 25, and direction to | 19 | | delay payments pursuant to Section 35 within 10 business days | 20 | | after the action is taken to the Clerk of the House of | 21 | | Representatives, the Secretary of the Senate, the Commission on | 22 | | Government Forecasting and Accountability, the Comptroller, | 23 | | and the Treasurer. A copy of such notices, or a cumulative | 24 | | summary of the actions taken, shall be posted on a public | 25 | | website maintained by the Governor's Office of Management and |
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| 1 | | Budget.
| 2 | | Section 35. Delay in payments under continuing | 3 | | appropriations. Notwithstanding any other law, payments under | 4 | | any statutory continuing
appropriation for the State's fiscal | 5 | | years 2017 and 2018 may be delayed upon
written direction of | 6 | | the Governor to the Comptroller, provided however
that the | 7 | | Governor may not direct any delay in the payment of debt
| 8 | | service. Notwithstanding any provision of the State Finance Act | 9 | | or
other law to the contrary, any payment delayed under this | 10 | | Section may
be paid out of the next fiscal year's | 11 | | appropriation. | 12 | | Section 40. Emergency rules. Notwithstanding any other | 13 | | provision of law, the Department on Aging, the Department of | 14 | | Children and Family Services, the Department of Healthcare and | 15 | | Family Services, the Department of Human Services, and the | 16 | | Department of Public Health may each adopt emergency rules | 17 | | pursuant to subsection (v) of Section 5-45 of the Illinois | 18 | | Administrative Procedure Act to limit, reduce, or adjust | 19 | | services, payment rates, expenditures, transfers of funds, and | 20 | | eligibility criteria, to the extent permitted by federal law, | 21 | | as necessary to implement (i) the State's fiscal years 2017 and | 22 | | 2018 budgets, (ii) any contingency reserves designated by the | 23 | | Governor pursuant to Section 15, (iii) any transfer of balances | 24 | | or modification of statutory transfers pursuant to Section 20 |
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| 1 | | affecting State funds designated for use by the agency, or (iv) | 2 | | modifications made by the Governor pursuant to Section 25. The | 3 | | effectiveness of any such emergency rule, and any such | 4 | | adjustment, reduction, or limitation made pursuant thereto, | 5 | | shall expire on July 1, 2018. Nothing in this Section shall | 6 | | require rulemaking if the limitation, reduction, or adjustment | 7 | | would otherwise be within the authority of the agency without | 8 | | rulemaking. | 9 | | Section 45. Repeal. This Act is repealed on July 1, 2018. | 10 | | Section 105. The Illinois Administrative Procedure Act is | 11 | | amended by changing Section 5-45 as follows: | 12 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | 13 | | (Text of Section before amendment by P.A. 99-906 ) | 14 | | Sec. 5-45. Emergency rulemaking. | 15 | | (a) "Emergency" means the existence of any situation that | 16 | | any agency
finds reasonably constitutes a threat to the public | 17 | | interest, safety, or
welfare. | 18 | | (b) If any agency finds that an
emergency exists that | 19 | | requires adoption of a rule upon fewer days than
is required by | 20 | | Section 5-40 and states in writing its reasons for that
| 21 | | finding, the agency may adopt an emergency rule without prior | 22 | | notice or
hearing upon filing a notice of emergency rulemaking | 23 | | with the Secretary of
State under Section 5-70. The notice |
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| 1 | | shall include the text of the
emergency rule and shall be | 2 | | published in the Illinois Register. Consent
orders or other | 3 | | court orders adopting settlements negotiated by an agency
may | 4 | | be adopted under this Section. Subject to applicable | 5 | | constitutional or
statutory provisions, an emergency rule | 6 | | becomes effective immediately upon
filing under Section 5-65 or | 7 | | at a stated date less than 10 days
thereafter. The agency's | 8 | | finding and a statement of the specific reasons
for the finding | 9 | | shall be filed with the rule. The agency shall take
reasonable | 10 | | and appropriate measures to make emergency rules known to the
| 11 | | persons who may be affected by them. | 12 | | (c) An emergency rule may be effective for a period of not | 13 | | longer than
150 days, but the agency's authority to adopt an | 14 | | identical rule under Section
5-40 is not precluded. No | 15 | | emergency rule may be adopted more
than once in any 24-month 24 | 16 | | month period, except that this limitation on the number
of | 17 | | emergency rules that may be adopted in a 24-month 24 month | 18 | | period does not apply
to (i) emergency rules that make | 19 | | additions to and deletions from the Drug
Manual under Section | 20 | | 5-5.16 of the Illinois Public Aid Code or the
generic drug | 21 | | formulary under Section 3.14 of the Illinois Food, Drug
and | 22 | | Cosmetic Act, (ii) emergency rules adopted by the Pollution | 23 | | Control
Board before July 1, 1997 to implement portions of the | 24 | | Livestock Management
Facilities Act, (iii) emergency rules | 25 | | adopted by the Illinois Department of Public Health under | 26 | | subsections (a) through (i) of Section 2 of the Department of |
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| 1 | | Public Health Act when necessary to protect the public's | 2 | | health, (iv) emergency rules adopted pursuant to subsection (n) | 3 | | of this Section, (v) emergency rules adopted pursuant to | 4 | | subsection (o) of this Section, or (vi) emergency rules adopted | 5 | | pursuant to subsection (c-5) of this Section , or (vii) | 6 | | emergency rules adopted pursuant to subsection (v) of this | 7 | | Section . Two or more emergency rules having substantially the | 8 | | same
purpose and effect shall be deemed to be a single rule for | 9 | | purposes of this
Section. | 10 | | (c-5) To facilitate the maintenance of the program of group | 11 | | health benefits provided to annuitants, survivors, and retired | 12 | | employees under the State Employees Group Insurance Act of | 13 | | 1971, rules to alter the contributions to be paid by the State, | 14 | | annuitants, survivors, retired employees, or any combination | 15 | | of those entities, for that program of group health benefits, | 16 | | shall be adopted as emergency rules. The adoption of those | 17 | | rules shall be considered an emergency and necessary for the | 18 | | public interest, safety, and welfare. | 19 | | (d) In order to provide for the expeditious and timely | 20 | | implementation
of the State's fiscal year 1999 budget, | 21 | | emergency rules to implement any
provision of Public Act 90-587 | 22 | | or 90-588
or any other budget initiative for fiscal year 1999 | 23 | | may be adopted in
accordance with this Section by the agency | 24 | | charged with administering that
provision or initiative, | 25 | | except that the 24-month limitation on the adoption
of | 26 | | emergency rules and the provisions of Sections 5-115 and 5-125 |
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| 1 | | do not apply
to rules adopted under this subsection (d). The | 2 | | adoption of emergency rules
authorized by this subsection (d) | 3 | | shall be deemed to be necessary for the
public interest, | 4 | | safety, and welfare. | 5 | | (e) In order to provide for the expeditious and timely | 6 | | implementation
of the State's fiscal year 2000 budget, | 7 | | emergency rules to implement any
provision of Public Act 91-24
| 8 | | or any other budget initiative for fiscal year 2000 may be | 9 | | adopted in
accordance with this Section by the agency charged | 10 | | with administering that
provision or initiative, except that | 11 | | the 24-month limitation on the adoption
of emergency rules and | 12 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 13 | | rules adopted under this subsection (e). The adoption of | 14 | | emergency rules
authorized by this subsection (e) shall be | 15 | | deemed to be necessary for the
public interest, safety, and | 16 | | welfare. | 17 | | (f) In order to provide for the expeditious and timely | 18 | | implementation
of the State's fiscal year 2001 budget, | 19 | | emergency rules to implement any
provision of Public Act 91-712
| 20 | | or any other budget initiative for fiscal year 2001 may be | 21 | | adopted in
accordance with this Section by the agency charged | 22 | | with administering that
provision or initiative, except that | 23 | | the 24-month limitation on the adoption
of emergency rules and | 24 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 25 | | rules adopted under this subsection (f). The adoption of | 26 | | emergency rules
authorized by this subsection (f) shall be |
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| 1 | | deemed to be necessary for the
public interest, safety, and | 2 | | welfare. | 3 | | (g) In order to provide for the expeditious and timely | 4 | | implementation
of the State's fiscal year 2002 budget, | 5 | | emergency rules to implement any
provision of Public Act 92-10
| 6 | | or any other budget initiative for fiscal year 2002 may be | 7 | | adopted in
accordance with this Section by the agency charged | 8 | | with administering that
provision or initiative, except that | 9 | | the 24-month limitation on the adoption
of emergency rules and | 10 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 11 | | rules adopted under this subsection (g). The adoption of | 12 | | emergency rules
authorized by this subsection (g) shall be | 13 | | deemed to be necessary for the
public interest, safety, and | 14 | | welfare. | 15 | | (h) In order to provide for the expeditious and timely | 16 | | implementation
of the State's fiscal year 2003 budget, | 17 | | emergency rules to implement any
provision of Public Act 92-597
| 18 | | or any other budget initiative for fiscal year 2003 may be | 19 | | adopted in
accordance with this Section by the agency charged | 20 | | with administering that
provision or initiative, except that | 21 | | the 24-month limitation on the adoption
of emergency rules and | 22 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 23 | | rules adopted under this subsection (h). The adoption of | 24 | | emergency rules
authorized by this subsection (h) shall be | 25 | | deemed to be necessary for the
public interest, safety, and | 26 | | welfare. |
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| 1 | | (i) In order to provide for the expeditious and timely | 2 | | implementation
of the State's fiscal year 2004 budget, | 3 | | emergency rules to implement any
provision of Public Act 93-20
| 4 | | or any other budget initiative for fiscal year 2004 may be | 5 | | adopted in
accordance with this Section by the agency charged | 6 | | with administering that
provision or initiative, except that | 7 | | the 24-month limitation on the adoption
of emergency rules and | 8 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 9 | | rules adopted under this subsection (i). The adoption of | 10 | | emergency rules
authorized by this subsection (i) shall be | 11 | | deemed to be necessary for the
public interest, safety, and | 12 | | welfare. | 13 | | (j) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of the State's fiscal year | 15 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 16 | | Implementation (Human Services) Act, emergency rules to | 17 | | implement any provision of the Fiscal Year 2005 Budget | 18 | | Implementation (Human Services) Act may be adopted in | 19 | | accordance with this Section by the agency charged with | 20 | | administering that provision, except that the 24-month | 21 | | limitation on the adoption of emergency rules and the | 22 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 23 | | adopted under this subsection (j). The Department of Public Aid | 24 | | may also adopt rules under this subsection (j) necessary to | 25 | | administer the Illinois Public Aid Code and the Children's | 26 | | Health Insurance Program Act. The adoption of emergency rules |
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| 1 | | authorized by this subsection (j) shall be deemed to be | 2 | | necessary for the public interest, safety, and welfare.
| 3 | | (k) In order to provide for the expeditious and timely | 4 | | implementation of the provisions of the State's fiscal year | 5 | | 2006 budget, emergency rules to implement any provision of | 6 | | Public Act 94-48 or any other budget initiative for fiscal year | 7 | | 2006 may be adopted in accordance with this Section by the | 8 | | agency charged with administering that provision or | 9 | | initiative, except that the 24-month limitation on the adoption | 10 | | of emergency rules and the provisions of Sections 5-115 and | 11 | | 5-125 do not apply to rules adopted under this subsection (k). | 12 | | The Department of Healthcare and Family Services may also adopt | 13 | | rules under this subsection (k) necessary to administer the | 14 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 15 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 16 | | Disabled Persons Prescription Drug Discount Program Act (now | 17 | | the Illinois Prescription Drug Discount Program Act), and the | 18 | | Children's Health Insurance Program Act. The adoption of | 19 | | emergency rules authorized by this subsection (k) shall be | 20 | | deemed to be necessary for the public interest, safety, and | 21 | | welfare.
| 22 | | (l) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of the
State's fiscal year | 24 | | 2007 budget, the Department of Healthcare and Family Services | 25 | | may adopt emergency rules during fiscal year 2007, including | 26 | | rules effective July 1, 2007, in
accordance with this |
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| 1 | | subsection to the extent necessary to administer the | 2 | | Department's responsibilities with respect to amendments to | 3 | | the State plans and Illinois waivers approved by the federal | 4 | | Centers for Medicare and Medicaid Services necessitated by the | 5 | | requirements of Title XIX and Title XXI of the federal Social | 6 | | Security Act. The adoption of emergency rules
authorized by | 7 | | this subsection (l) shall be deemed to be necessary for the | 8 | | public interest,
safety, and welfare.
| 9 | | (m) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of the
State's fiscal year | 11 | | 2008 budget, the Department of Healthcare and Family Services | 12 | | may adopt emergency rules during fiscal year 2008, including | 13 | | rules effective July 1, 2008, in
accordance with this | 14 | | subsection to the extent necessary to administer the | 15 | | Department's responsibilities with respect to amendments to | 16 | | the State plans and Illinois waivers approved by the federal | 17 | | Centers for Medicare and Medicaid Services necessitated by the | 18 | | requirements of Title XIX and Title XXI of the federal Social | 19 | | Security Act. The adoption of emergency rules
authorized by | 20 | | this subsection (m) shall be deemed to be necessary for the | 21 | | public interest,
safety, and welfare.
| 22 | | (n) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of the State's fiscal year | 24 | | 2010 budget, emergency rules to implement any provision of | 25 | | Public Act 96-45 or any other budget initiative authorized by | 26 | | the 96th General Assembly for fiscal year 2010 may be adopted |
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| 1 | | in accordance with this Section by the agency charged with | 2 | | administering that provision or initiative. The adoption of | 3 | | emergency rules authorized by this subsection (n) shall be | 4 | | deemed to be necessary for the public interest, safety, and | 5 | | welfare. The rulemaking authority granted in this subsection | 6 | | (n) shall apply only to rules promulgated during Fiscal Year | 7 | | 2010. | 8 | | (o) In order to provide for the expeditious and timely | 9 | | implementation of the provisions of the State's fiscal year | 10 | | 2011 budget, emergency rules to implement any provision of | 11 | | Public Act 96-958 or any other budget initiative authorized by | 12 | | the 96th General Assembly for fiscal year 2011 may be adopted | 13 | | in accordance with this Section by the agency charged with | 14 | | administering that provision or initiative. The adoption of | 15 | | emergency rules authorized by this subsection (o) is deemed to | 16 | | be necessary for the public interest, safety, and welfare. The | 17 | | rulemaking authority granted in this subsection (o) applies | 18 | | only to rules promulgated on or after July 1, 2010 ( the | 19 | | effective date of Public Act 96-958 ) through June 30, 2011. | 20 | | (p) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of Public Act 97-689, | 22 | | emergency rules to implement any provision of Public Act 97-689 | 23 | | may be adopted in accordance with this subsection (p) by the | 24 | | agency charged with administering that provision or | 25 | | initiative. The 150-day limitation of the effective period of | 26 | | emergency rules does not apply to rules adopted under this |
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| 1 | | subsection (p), and the effective period may continue through | 2 | | June 30, 2013. The 24-month limitation on the adoption of | 3 | | emergency rules does not apply to rules adopted under this | 4 | | subsection (p). The adoption of emergency rules authorized by | 5 | | this subsection (p) is deemed to be necessary for the public | 6 | | interest, safety, and welfare. | 7 | | (q) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 9 | | 12 of Public Act 98-104, emergency rules to implement any | 10 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | 11 | | may be adopted in accordance with this subsection (q) by the | 12 | | agency charged with administering that provision or | 13 | | initiative. The 24-month limitation on the adoption of | 14 | | emergency rules does not apply to rules adopted under this | 15 | | subsection (q). The adoption of emergency rules authorized by | 16 | | this subsection (q) is deemed to be necessary for the public | 17 | | interest, safety, and welfare. | 18 | | (r) In order to provide for the expeditious and timely | 19 | | implementation of the provisions of Public Act 98-651, | 20 | | emergency rules to implement Public Act 98-651 may be adopted | 21 | | in accordance with this subsection (r) by the Department of | 22 | | Healthcare and Family Services. The 24-month limitation on the | 23 | | adoption of emergency rules does not apply to rules adopted | 24 | | under this subsection (r). The adoption of emergency rules | 25 | | authorized by this subsection (r) is deemed to be necessary for | 26 | | the public interest, safety, and welfare. |
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| 1 | | (s) In order to provide for the expeditious and timely | 2 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 3 | | the Illinois Public Aid Code, emergency rules to implement any | 4 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 5 | | Public Aid Code may be adopted in accordance with this | 6 | | subsection (s) by the Department of Healthcare and Family | 7 | | Services. The rulemaking authority granted in this subsection | 8 | | (s) shall apply only to those rules adopted prior to July 1, | 9 | | 2015. Notwithstanding any other provision of this Section, any | 10 | | emergency rule adopted under this subsection (s) shall only | 11 | | apply to payments made for State fiscal year 2015. The adoption | 12 | | of emergency rules authorized by this subsection (s) is deemed | 13 | | to be necessary for the public interest, safety, and welfare. | 14 | | (t) In order to provide for the expeditious and timely | 15 | | implementation of the provisions of Article II of Public Act | 16 | | 99-6, emergency rules to implement the changes made by Article | 17 | | II of Public Act 99-6 to the Emergency Telephone System Act may | 18 | | be adopted in accordance with this subsection (t) by the | 19 | | Department of State Police. The rulemaking authority granted in | 20 | | this subsection (t) shall apply only to those rules adopted | 21 | | prior to July 1, 2016. The 24-month limitation on the adoption | 22 | | of emergency rules does not apply to rules adopted under this | 23 | | subsection (t). The adoption of emergency rules authorized by | 24 | | this subsection (t) is deemed to be necessary for the public | 25 | | interest, safety, and welfare. | 26 | | (u) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of the Burn Victims Relief | 2 | | Act, emergency rules to implement any provision of the Act may | 3 | | be adopted in accordance with this subsection (u) by the | 4 | | Department of Insurance. The rulemaking authority granted in | 5 | | this subsection (u) shall apply only to those rules adopted | 6 | | prior to December 31, 2015. The adoption of emergency rules | 7 | | authorized by this subsection (u) is deemed to be necessary for | 8 | | the public interest, safety, and welfare. | 9 | | (v) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of Public Act 99-516 this | 11 | | amendatory Act of the 99th General Assembly , emergency rules to | 12 | | implement Public Act 99-516 this amendatory Act of the 99th | 13 | | General Assembly may be adopted in accordance with this | 14 | | subsection (v) by the Department of Healthcare and Family | 15 | | Services. The 24-month limitation on the adoption of emergency | 16 | | rules does not apply to rules adopted under this subsection | 17 | | (v). The adoption of emergency rules authorized by this | 18 | | subsection (v) is deemed to be necessary for the public | 19 | | interest, safety, and welfare. | 20 | | (w) (v) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of Public Act 99-796 this | 22 | | amendatory Act of the 99th General Assembly , emergency rules to | 23 | | implement the changes made by Public Act 99-796 this amendatory | 24 | | Act of the 99th General Assembly may be adopted in accordance | 25 | | with this subsection (w) (v) by the Adjutant General. The | 26 | | adoption of emergency rules authorized by this subsection (w) |
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| 1 | | (v) is deemed to be necessary for the public interest, safety, | 2 | | and welfare. | 3 | | (y) In order to provide for the expeditious and timely | 4 | | implementation of the provisions of the State's budget for | 5 | | fiscal years 2017 and 2018, emergency rules to implement any | 6 | | provision of this amendatory Act of the 100th General Assembly | 7 | | may be adopted in accordance with this Section by each agency | 8 | | identified in Section 40 of the Unbalanced Budget Response Act. | 9 | | The adoption of emergency rules authorized by this subsection | 10 | | (y) shall be deemed to be necessary for the public interest, | 11 | | safety, and welfare. The rulemaking authority granted in this | 12 | | subsection (y) shall apply only to rules adopted prior to July | 13 | | 1, 2018. Notwithstanding any other provision of this Section, | 14 | | any emergency rule adopted pursuant to this subsection (y) | 15 | | shall expire on July 1, 2018. | 16 | | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | 17 | | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; | 18 | | 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. | 19 | | 6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; revised | 20 | | 9-21-16.) | 21 | | (Text of Section after amendment by P.A. 99-906 ) | 22 | | Sec. 5-45. Emergency rulemaking. | 23 | | (a) "Emergency" means the existence of any situation that | 24 | | any agency
finds reasonably constitutes a threat to the public | 25 | | interest, safety, or
welfare. |
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| 1 | | (b) If any agency finds that an
emergency exists that | 2 | | requires adoption of a rule upon fewer days than
is required by | 3 | | Section 5-40 and states in writing its reasons for that
| 4 | | finding, the agency may adopt an emergency rule without prior | 5 | | notice or
hearing upon filing a notice of emergency rulemaking | 6 | | with the Secretary of
State under Section 5-70. The notice | 7 | | shall include the text of the
emergency rule and shall be | 8 | | published in the Illinois Register. Consent
orders or other | 9 | | court orders adopting settlements negotiated by an agency
may | 10 | | be adopted under this Section. Subject to applicable | 11 | | constitutional or
statutory provisions, an emergency rule | 12 | | becomes effective immediately upon
filing under Section 5-65 or | 13 | | at a stated date less than 10 days
thereafter. The agency's | 14 | | finding and a statement of the specific reasons
for the finding | 15 | | shall be filed with the rule. The agency shall take
reasonable | 16 | | and appropriate measures to make emergency rules known to the
| 17 | | persons who may be affected by them. | 18 | | (c) An emergency rule may be effective for a period of not | 19 | | longer than
150 days, but the agency's authority to adopt an | 20 | | identical rule under Section
5-40 is not precluded. No | 21 | | emergency rule may be adopted more
than once in any 24-month | 22 | | period, except that this limitation on the number
of emergency | 23 | | rules that may be adopted in a 24-month period does not apply
| 24 | | to (i) emergency rules that make additions to and deletions | 25 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 26 | | Public Aid Code or the
generic drug formulary under Section |
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| 1 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 2 | | emergency rules adopted by the Pollution Control
Board before | 3 | | July 1, 1997 to implement portions of the Livestock Management
| 4 | | Facilities Act, (iii) emergency rules adopted by the Illinois | 5 | | Department of Public Health under subsections (a) through (i) | 6 | | of Section 2 of the Department of Public Health Act when | 7 | | necessary to protect the public's health, (iv) emergency rules | 8 | | adopted pursuant to subsection (n) of this Section, (v) | 9 | | emergency rules adopted pursuant to subsection (o) of this | 10 | | Section, or (vi) emergency rules adopted pursuant to subsection | 11 | | (c-5) of this Section , or (vii) emergency rules adopted | 12 | | pursuant to subsection (v) of this Section . Two or more | 13 | | emergency rules having substantially the same
purpose and | 14 | | effect shall be deemed to be a single rule for purposes of this
| 15 | | Section. | 16 | | (c-5) To facilitate the maintenance of the program of group | 17 | | health benefits provided to annuitants, survivors, and retired | 18 | | employees under the State Employees Group Insurance Act of | 19 | | 1971, rules to alter the contributions to be paid by the State, | 20 | | annuitants, survivors, retired employees, or any combination | 21 | | of those entities, for that program of group health benefits, | 22 | | shall be adopted as emergency rules. The adoption of those | 23 | | rules shall be considered an emergency and necessary for the | 24 | | public interest, safety, and welfare. | 25 | | (d) In order to provide for the expeditious and timely | 26 | | implementation
of the State's fiscal year 1999 budget, |
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| 1 | | emergency rules to implement any
provision of Public Act 90-587 | 2 | | or 90-588
or any other budget initiative for fiscal year 1999 | 3 | | may be adopted in
accordance with this Section by the agency | 4 | | charged with administering that
provision or initiative, | 5 | | except that the 24-month limitation on the adoption
of | 6 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 7 | | do not apply
to rules adopted under this subsection (d). The | 8 | | adoption of emergency rules
authorized by this subsection (d) | 9 | | shall be deemed to be necessary for the
public interest, | 10 | | safety, and welfare. | 11 | | (e) In order to provide for the expeditious and timely | 12 | | implementation
of the State's fiscal year 2000 budget, | 13 | | emergency rules to implement any
provision of Public Act 91-24
| 14 | | or any other budget initiative for fiscal year 2000 may be | 15 | | adopted in
accordance with this Section by the agency charged | 16 | | with administering that
provision or initiative, except that | 17 | | the 24-month limitation on the adoption
of emergency rules and | 18 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 19 | | rules adopted under this subsection (e). The adoption of | 20 | | emergency rules
authorized by this subsection (e) shall be | 21 | | deemed to be necessary for the
public interest, safety, and | 22 | | welfare. | 23 | | (f) In order to provide for the expeditious and timely | 24 | | implementation
of the State's fiscal year 2001 budget, | 25 | | emergency rules to implement any
provision of Public Act 91-712
| 26 | | or any other budget initiative for fiscal year 2001 may be |
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| 1 | | adopted in
accordance with this Section by the agency charged | 2 | | with administering that
provision or initiative, except that | 3 | | the 24-month limitation on the adoption
of emergency rules and | 4 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 5 | | rules adopted under this subsection (f). The adoption of | 6 | | emergency rules
authorized by this subsection (f) shall be | 7 | | deemed to be necessary for the
public interest, safety, and | 8 | | welfare. | 9 | | (g) In order to provide for the expeditious and timely | 10 | | implementation
of the State's fiscal year 2002 budget, | 11 | | emergency rules to implement any
provision of Public Act 92-10
| 12 | | or any other budget initiative for fiscal year 2002 may be | 13 | | adopted in
accordance with this Section by the agency charged | 14 | | with administering that
provision or initiative, except that | 15 | | the 24-month limitation on the adoption
of emergency rules and | 16 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 17 | | rules adopted under this subsection (g). The adoption of | 18 | | emergency rules
authorized by this subsection (g) shall be | 19 | | deemed to be necessary for the
public interest, safety, and | 20 | | welfare. | 21 | | (h) In order to provide for the expeditious and timely | 22 | | implementation
of the State's fiscal year 2003 budget, | 23 | | emergency rules to implement any
provision of Public Act 92-597
| 24 | | or any other budget initiative for fiscal year 2003 may be | 25 | | adopted in
accordance with this Section by the agency charged | 26 | | with administering that
provision or initiative, except that |
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| 1 | | the 24-month limitation on the adoption
of emergency rules and | 2 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 3 | | rules adopted under this subsection (h). The adoption of | 4 | | emergency rules
authorized by this subsection (h) shall be | 5 | | deemed to be necessary for the
public interest, safety, and | 6 | | welfare. | 7 | | (i) In order to provide for the expeditious and timely | 8 | | implementation
of the State's fiscal year 2004 budget, | 9 | | emergency rules to implement any
provision of Public Act 93-20
| 10 | | or any other budget initiative for fiscal year 2004 may be | 11 | | adopted in
accordance with this Section by the agency charged | 12 | | with administering that
provision or initiative, except that | 13 | | the 24-month limitation on the adoption
of emergency rules and | 14 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 15 | | rules adopted under this subsection (i). The adoption of | 16 | | emergency rules
authorized by this subsection (i) shall be | 17 | | deemed to be necessary for the
public interest, safety, and | 18 | | welfare. | 19 | | (j) In order to provide for the expeditious and timely | 20 | | implementation of the provisions of the State's fiscal year | 21 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 22 | | Implementation (Human Services) Act, emergency rules to | 23 | | implement any provision of the Fiscal Year 2005 Budget | 24 | | Implementation (Human Services) Act may be adopted in | 25 | | accordance with this Section by the agency charged with | 26 | | administering that provision, except that the 24-month |
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| 1 | | limitation on the adoption of emergency rules and the | 2 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 3 | | adopted under this subsection (j). The Department of Public Aid | 4 | | may also adopt rules under this subsection (j) necessary to | 5 | | administer the Illinois Public Aid Code and the Children's | 6 | | Health Insurance Program Act. The adoption of emergency rules | 7 | | authorized by this subsection (j) shall be deemed to be | 8 | | necessary for the public interest, safety, and welfare.
| 9 | | (k) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of the State's fiscal year | 11 | | 2006 budget, emergency rules to implement any provision of | 12 | | Public Act 94-48 or any other budget initiative for fiscal year | 13 | | 2006 may be adopted in accordance with this Section by the | 14 | | agency charged with administering that provision or | 15 | | initiative, except that the 24-month limitation on the adoption | 16 | | of emergency rules and the provisions of Sections 5-115 and | 17 | | 5-125 do not apply to rules adopted under this subsection (k). | 18 | | The Department of Healthcare and Family Services may also adopt | 19 | | rules under this subsection (k) necessary to administer the | 20 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 21 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 22 | | Disabled Persons Prescription Drug Discount Program Act (now | 23 | | the Illinois Prescription Drug Discount Program Act), and the | 24 | | Children's Health Insurance Program Act. The adoption of | 25 | | emergency rules authorized by this subsection (k) shall be | 26 | | deemed to be necessary for the public interest, safety, and |
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| 1 | | welfare.
| 2 | | (l) In order to provide for the expeditious and timely | 3 | | implementation of the provisions of the
State's fiscal year | 4 | | 2007 budget, the Department of Healthcare and Family Services | 5 | | may adopt emergency rules during fiscal year 2007, including | 6 | | rules effective July 1, 2007, in
accordance with this | 7 | | subsection to the extent necessary to administer the | 8 | | Department's responsibilities with respect to amendments to | 9 | | the State plans and Illinois waivers approved by the federal | 10 | | Centers for Medicare and Medicaid Services necessitated by the | 11 | | requirements of Title XIX and Title XXI of the federal Social | 12 | | Security Act. The adoption of emergency rules
authorized by | 13 | | this subsection (l) shall be deemed to be necessary for the | 14 | | public interest,
safety, and welfare.
| 15 | | (m) In order to provide for the expeditious and timely | 16 | | implementation of the provisions of the
State's fiscal year | 17 | | 2008 budget, the Department of Healthcare and Family Services | 18 | | may adopt emergency rules during fiscal year 2008, including | 19 | | rules effective July 1, 2008, in
accordance with this | 20 | | subsection to the extent necessary to administer the | 21 | | Department's responsibilities with respect to amendments to | 22 | | the State plans and Illinois waivers approved by the federal | 23 | | Centers for Medicare and Medicaid Services necessitated by the | 24 | | requirements of Title XIX and Title XXI of the federal Social | 25 | | Security Act. The adoption of emergency rules
authorized by | 26 | | this subsection (m) shall be deemed to be necessary for the |
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| 1 | | public interest,
safety, and welfare.
| 2 | | (n) In order to provide for the expeditious and timely | 3 | | implementation of the provisions of the State's fiscal year | 4 | | 2010 budget, emergency rules to implement any provision of | 5 | | Public Act 96-45 or any other budget initiative authorized by | 6 | | the 96th General Assembly for fiscal year 2010 may be adopted | 7 | | in accordance with this Section by the agency charged with | 8 | | administering that provision or initiative. The adoption of | 9 | | emergency rules authorized by this subsection (n) shall be | 10 | | deemed to be necessary for the public interest, safety, and | 11 | | welfare. The rulemaking authority granted in this subsection | 12 | | (n) shall apply only to rules promulgated during Fiscal Year | 13 | | 2010. | 14 | | (o) In order to provide for the expeditious and timely | 15 | | implementation of the provisions of the State's fiscal year | 16 | | 2011 budget, emergency rules to implement any provision of | 17 | | Public Act 96-958 or any other budget initiative authorized by | 18 | | the 96th General Assembly for fiscal year 2011 may be adopted | 19 | | in accordance with this Section by the agency charged with | 20 | | administering that provision or initiative. The adoption of | 21 | | emergency rules authorized by this subsection (o) is deemed to | 22 | | be necessary for the public interest, safety, and welfare. The | 23 | | rulemaking authority granted in this subsection (o) applies | 24 | | only to rules promulgated on or after July 1, 2010 (the | 25 | | effective date of Public Act 96-958) through June 30, 2011. | 26 | | (p) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of Public Act 97-689, | 2 | | emergency rules to implement any provision of Public Act 97-689 | 3 | | may be adopted in accordance with this subsection (p) by the | 4 | | agency charged with administering that provision or | 5 | | initiative. The 150-day limitation of the effective period of | 6 | | emergency rules does not apply to rules adopted under this | 7 | | subsection (p), and the effective period may continue through | 8 | | June 30, 2013. The 24-month limitation on the adoption of | 9 | | emergency rules does not apply to rules adopted under this | 10 | | subsection (p). The adoption of emergency rules authorized by | 11 | | this subsection (p) is deemed to be necessary for the public | 12 | | interest, safety, and welfare. | 13 | | (q) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 15 | | 12 of Public Act 98-104, emergency rules to implement any | 16 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | 17 | | may be adopted in accordance with this subsection (q) by the | 18 | | agency charged with administering that provision or | 19 | | initiative. The 24-month limitation on the adoption of | 20 | | emergency rules does not apply to rules adopted under this | 21 | | subsection (q). The adoption of emergency rules authorized by | 22 | | this subsection (q) is deemed to be necessary for the public | 23 | | interest, safety, and welfare. | 24 | | (r) In order to provide for the expeditious and timely | 25 | | implementation of the provisions of Public Act 98-651, | 26 | | emergency rules to implement Public Act 98-651 may be adopted |
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| 1 | | in accordance with this subsection (r) by the Department of | 2 | | Healthcare and Family Services. The 24-month limitation on the | 3 | | adoption of emergency rules does not apply to rules adopted | 4 | | under this subsection (r). The adoption of emergency rules | 5 | | authorized by this subsection (r) is deemed to be necessary for | 6 | | the public interest, safety, and welfare. | 7 | | (s) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 9 | | the Illinois Public Aid Code, emergency rules to implement any | 10 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 11 | | Public Aid Code may be adopted in accordance with this | 12 | | subsection (s) by the Department of Healthcare and Family | 13 | | Services. The rulemaking authority granted in this subsection | 14 | | (s) shall apply only to those rules adopted prior to July 1, | 15 | | 2015. Notwithstanding any other provision of this Section, any | 16 | | emergency rule adopted under this subsection (s) shall only | 17 | | apply to payments made for State fiscal year 2015. The adoption | 18 | | of emergency rules authorized by this subsection (s) is deemed | 19 | | to be necessary for the public interest, safety, and welfare. | 20 | | (t) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of Article II of Public Act | 22 | | 99-6, emergency rules to implement the changes made by Article | 23 | | II of Public Act 99-6 to the Emergency Telephone System Act may | 24 | | be adopted in accordance with this subsection (t) by the | 25 | | Department of State Police. The rulemaking authority granted in | 26 | | this subsection (t) shall apply only to those rules adopted |
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| 1 | | prior to July 1, 2016. The 24-month limitation on the adoption | 2 | | of emergency rules does not apply to rules adopted under this | 3 | | subsection (t). The adoption of emergency rules authorized by | 4 | | this subsection (t) is deemed to be necessary for the public | 5 | | interest, safety, and welfare. | 6 | | (u) In order to provide for the expeditious and timely | 7 | | implementation of the provisions of the Burn Victims Relief | 8 | | Act, emergency rules to implement any provision of the Act may | 9 | | be adopted in accordance with this subsection (u) by the | 10 | | Department of Insurance. The rulemaking authority granted in | 11 | | this subsection (u) shall apply only to those rules adopted | 12 | | prior to December 31, 2015. The adoption of emergency rules | 13 | | authorized by this subsection (u) is deemed to be necessary for | 14 | | the public interest, safety, and welfare. | 15 | | (v) In order to provide for the expeditious and timely | 16 | | implementation of the provisions of Public Act 99-516, | 17 | | emergency rules to implement Public Act 99-516 may be adopted | 18 | | in accordance with this subsection (v) by the Department of | 19 | | Healthcare and Family Services. The 24-month limitation on the | 20 | | adoption of emergency rules does not apply to rules adopted | 21 | | under this subsection (v). The adoption of emergency rules | 22 | | authorized by this subsection (v) is deemed to be necessary for | 23 | | the public interest, safety, and welfare. | 24 | | (w) In order to provide for the expeditious and timely | 25 | | implementation of the provisions of Public Act 99-796, | 26 | | emergency rules to implement the changes made by Public Act |
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| 1 | | 99-796 may be adopted in accordance with this subsection (w) by | 2 | | the Adjutant General. The adoption of emergency rules | 3 | | authorized by this subsection (w) is deemed to be necessary for | 4 | | the public interest, safety, and welfare. | 5 | | (x) In order to provide for the expeditious and timely | 6 | | implementation of the provisions of Public Act 99-906 this | 7 | | amendatory Act of the 99th General Assembly , emergency rules to | 8 | | implement subsection (i) of Section 16-115D, subsection (g) of | 9 | | Section 16-128A, and subsection (a) of Section 16-128B of the | 10 | | Public Utilities Act may be adopted in accordance with this | 11 | | subsection (x) by the Illinois Commerce Commission. The | 12 | | rulemaking authority granted in this subsection (x) shall apply | 13 | | only to those rules adopted within 180 days after June 1, 2017 | 14 | | ( the effective date of Public Act 99-906) this amendatory Act | 15 | | of the 99th General Assembly . The adoption of emergency rules | 16 | | authorized by this subsection (x) is deemed to be necessary for | 17 | | the public interest, safety, and welfare. | 18 | | (y) In order to provide for the expeditious and timely | 19 | | implementation of the provisions of the State's budget for | 20 | | fiscal years 2017 and 2018, emergency rules to implement any | 21 | | provision of this amendatory Act of the 100th General Assembly | 22 | | may be adopted in accordance with this Section by each agency | 23 | | identified in Section 40 of the Unbalanced Budget Response Act. | 24 | | The adoption of emergency rules authorized by this subsection | 25 | | (y) shall be deemed to be necessary for the public interest, | 26 | | safety, and welfare. The rulemaking authority granted in this |
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| 1 | | subsection (y) shall apply only to rules adopted prior to July | 2 | | 1, 2018. Notwithstanding any other provision of this Section, | 3 | | any emergency rule adopted pursuant to this subsection (y) | 4 | | shall expire on July 1, 2018. | 5 | | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | 6 | | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; | 7 | | 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. | 8 | | 6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, | 9 | | eff. 6-1-17; revised 1-1-17.) | 10 | | Section 110. The Illinois Public Aid Code is amended by | 11 | | changing Section 5A-10 as follows: | 12 | | (305 ILCS 5/5A-10) (from Ch. 23, par. 5A-10)
| 13 | | Sec. 5A-10. Applicability.
| 14 | | (a) The assessment imposed by subsection (a) of Section | 15 | | 5A-2 shall cease to be imposed and the Department's obligation | 16 | | to make payments shall immediately cease, and
any moneys
| 17 | | remaining in the Fund shall be refunded to hospital providers
| 18 | | in proportion to the amounts paid by them, if:
| 19 | | (1) The payments to hospitals required under this | 20 | | Article are not eligible for federal matching funds under | 21 | | Title XIX or XXI of the Social Security Act;
| 22 | | (2) For State fiscal years 2009 through 2018, the
| 23 | | Department of Healthcare and Family Services adopts any | 24 | | administrative rule change to reduce payment rates or |
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| 1 | | alters any payment methodology that reduces any payment | 2 | | rates made to operating hospitals under the approved Title | 3 | | XIX or Title XXI State plan in effect January 1, 2008 | 4 | | except for: | 5 | | (A) any changes for hospitals described in | 6 | | subsection (b) of Section 5A-3; | 7 | | (B) any rates for payments made under this Article | 8 | | V-A; | 9 | | (C) any changes proposed in State plan amendment | 10 | | transmittal numbers 08-01, 08-02, 08-04, 08-06, and | 11 | | 08-07; | 12 | | (D) in relation to any admissions on or after | 13 | | January 1, 2011, a modification in the methodology for | 14 | | calculating outlier payments to hospitals for | 15 | | exceptionally costly stays, for hospitals reimbursed | 16 | | under the diagnosis-related grouping methodology in | 17 | | effect on July 1, 2011; provided that the Department | 18 | | shall be limited to one such modification during the | 19 | | 36-month period after the effective date of this | 20 | | amendatory Act of the 96th General Assembly; | 21 | | (E) any changes affecting hospitals authorized by | 22 | | Public Act 97-689;
| 23 | | (F) any changes authorized by Section 14-12 of this | 24 | | Code, or for any changes authorized under Section 5A-15 | 25 | | of this Code; or | 26 | | (G) any changes authorized under Section 5-5b.1 ; |
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| 1 | | or . | 2 | | (H) any changes authorized under the Unbalanced | 3 | | Budget Response Act. | 4 | | (b) The assessment imposed by Section 5A-2 shall not take | 5 | | effect or
shall
cease to be imposed, and the Department's | 6 | | obligation to make payments shall immediately cease, if the | 7 | | assessment is determined to be an impermissible
tax under Title | 8 | | XIX
of the Social Security Act. Moneys in the Hospital Provider | 9 | | Fund derived
from assessments imposed prior thereto shall be
| 10 | | disbursed in accordance with Section 5A-8 to the extent federal | 11 | | financial participation is
not reduced due to the | 12 | | impermissibility of the assessments, and any
remaining
moneys | 13 | | shall be
refunded to hospital providers in proportion to the | 14 | | amounts paid by them.
| 15 | | (c) The assessments imposed by subsection (b-5) of Section | 16 | | 5A-2 shall not take effect or shall cease to be imposed, the | 17 | | Department's obligation to make payments shall immediately | 18 | | cease, and any moneys remaining in the Fund shall be refunded | 19 | | to hospital providers in proportion to the amounts paid by | 20 | | them, if the payments to hospitals required under Section | 21 | | 5A-12.4 are not eligible for federal matching funds under Title | 22 | | XIX of the Social Security Act. | 23 | | (d) The assessments imposed by Section 5A-2 shall not take | 24 | | effect or shall cease to be imposed, the Department's | 25 | | obligation to make payments shall immediately cease, and any | 26 | | moneys remaining in the Fund shall be refunded to hospital |
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| 1 | | providers in proportion to the amounts paid by them, if: | 2 | | (1) for State fiscal years 2013 through 2018, the | 3 | | Department reduces any payment rates to hospitals as in | 4 | | effect on May 1, 2012, or alters any payment methodology as | 5 | | in effect on May 1, 2012, that has the effect of reducing | 6 | | payment rates to hospitals, except for any changes | 7 | | affecting hospitals authorized in Public Act 97-689 and any | 8 | | changes authorized by Section 14-12 of this Code, and | 9 | | except for any changes authorized under Section 5A-15, and | 10 | | except for any changes authorized under Section 5-5b.1 , and | 11 | | except for any changes authorized under the Unbalanced | 12 | | Budget Response Act ; | 13 | | (2) for State fiscal years 2013 through 2018, the | 14 | | Department reduces any supplemental payments made to | 15 | | hospitals below the amounts paid for services provided in | 16 | | State fiscal year 2011 as implemented by administrative | 17 | | rules adopted and in effect on or prior to June 30, 2011, | 18 | | except for any changes affecting hospitals authorized in | 19 | | Public Act 97-689 and any changes authorized by Section | 20 | | 14-12 of this Code, and except for any changes authorized | 21 | | under Section 5A-15, and except for any changes authorized | 22 | | under Section 5-5b.1 , and except for any changes authorized | 23 | | under the Unbalanced Budget Response Act ; or | 24 | | (3) for State fiscal years 2015 through 2018, the | 25 | | Department reduces the overall effective rate of | 26 | | reimbursement to hospitals below the level authorized |
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| 1 | | under Section 14-12 of this Code, except for any changes | 2 | | under Section 14-12 or Section 5A-15 of this Code, and | 3 | | except for any changes authorized under Section 5-5b.1 , and | 4 | | except for any changes authorized under the Unbalanced | 5 | | Budget Response Act . | 6 | | (Source: P.A. 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 99-2, | 7 | | eff. 3-26-15.)
| 8 | | Section 115. The State Mandates Act is amended by adding | 9 | | Section 8.41 as follows: | 10 | | (30 ILCS 805/8.41 new) | 11 | | Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8 | 12 | | of this Act, no reimbursement by the State is required for the | 13 | | implementation of any mandate created by this amendatory Act of | 14 | | the 100th General Assembly. | 15 | | Section 995. No acceleration or delay. Where this Act makes | 16 | | changes in a statute that is represented in this Act by text | 17 | | that is not yet or no longer in effect (for example, a Section | 18 | | represented by multiple versions), the use of that text does | 19 | | not accelerate or delay the taking effect of (i) the changes | 20 | | made by this Act or (ii) provisions derived from any other | 21 | | Public Act. | 22 | | Section 999. Effective date. This Act takes effect upon | 23 | | becoming law.
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