State of Illinois
92nd General Assembly

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 1        AN ACT in relation to public aid.

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

 4        Section  5.   The  Illinois Public Aid Code is amended by
 5    changing Sections 5-8 and 12-13 as follows:

 6        (305 ILCS 5/5-8) (from Ch. 23, par. 5-8)
 7        Sec. 5-8. Practitioners. In supplying medical assistance,
 8    the  Illinois  Department  may  provide   for   the   legally
 9    authorized services of (i) persons licensed under the Medical
10    Practice Act of 1987, as amended, except as hereafter in this
11    Section  stated,  whether under a general or limited license,
12    (ii) and of persons licensed or registered under  other  laws
13    of  this  State  to  provide dental, medical, pharmaceutical,
14    optometric, podiatric, or nursing services, or other remedial
15    care recognized under State law, and (iii)  persons  licensed
16    under  other  laws  of this State as a clinical psychologist,
17    clinical social worker, or clinical  professional  counselor.
18    The   Department  may  not  provide  for  legally  authorized
19    services of any physician who has been  convicted  of  having
20    performed an abortion procedure in a wilful and wanton manner
21    on  a  woman  who  was not pregnant at the time such abortion
22    procedure was performed.  The utilization of the services  of
23    persons  engaged  in the treatment or care of the sick, which
24    persons are not required to be licensed or  registered  under
25    the laws of this State, is not prohibited by this Section.
26    (Source: P.A. 85-1209.)

27        (305 ILCS 5/12-13) (from Ch. 23, par. 12-13)
28        Sec.  12-13. Rules and regulations.  The Department shall
29    make all rules and regulations and take such action as may be
30    necessary or desirable for carrying  out  the  provisions  of
                           -2-                 LRB9207940DJmg
 1    this  Code,  to  the  end  that its spirit and purpose may be
 2    achieved and the public aid programs administered efficiently
 3    throughout the State.  However,  the  rules  and  regulations
 4    shall  not  provide  that  payment for services rendered to a
 5    specific recipient by (i) a person licensed under the Medical
 6    Practice Act of 1987, whether  under  a  general  or  limited
 7    license,  (ii) or a person licensed or registered under other
 8    laws  of  this  State  to  provide  dental,  optometric,   or
 9    pediatric  care,  or  (iii) a licensed clinical psychologist,
10    licensed  clinical  social  worker,  or   licensed   clinical
11    professional  counselor  may be authorized only when services
12    are recommended for that recipient by a  person  licensed  to
13    practice medicine in all its branches.
14        Whenever  a  rule  of  the  Department  requires  that an
15    applicant or recipient verify information  submitted  to  the
16    Department, the rule, in order to make the public fully aware
17    of  what  information  is  required  for  verification, shall
18    specify the acceptable means of verification  or  shall  list
19    examples of acceptable means of verification.
20        The  provisions  of the Illinois Administrative Procedure
21    Act are hereby expressly adopted and incorporated herein, and
22    shall apply to all administrative rules and procedures of the
23    Illinois Department under this Act, except that Section  5-35
24    of  the  Illinois  Administrative  Procedure  Act relating to
25    procedures for rule-making does not apply to the adoption  of
26    any rule required by federal law in connection with which the
27    Illinois  Department  is precluded by law from exercising any
28    discretion,  and  the  requirements  of  the   Administrative
29    Procedure  Act  with  respect  to  contested  cases  are  not
30    applicable   to   (1)   hearings   involving  eligibility  of
31    applicants or recipients of public aid, (2) support  hearings
32    involving  responsible  relatives,  or (3) personnel hearings
33    involving matters arising under Section 12-18.1.
34    (Source: P.A. 88-45.)
                           -3-                 LRB9207940DJmg
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.

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