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91_SB1828ham002
LRB9111011EGfgam03
1 AMENDMENT TO SENATE BILL 1828
2 AMENDMENT NO. . Amend Senate Bill 1828 by replacing
3 everything after the enacting clause with the following:
4 "Section 1. Short title. This Act may be cited as the
5 FY2001 Budget Implementation Act relating to human services.
6 "Section 5. The Illinois Administrative Procedure Act is
7 amended by changing Section 5-45 as follows:
8 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
9 Sec. 5-45. Emergency rulemaking.
10 (a) "Emergency" means the existence of any situation
11 that any agency finds reasonably constitutes a threat to the
12 public interest, safety, or welfare.
13 (b) If any agency finds that an emergency exists that
14 requires adoption of a rule upon fewer days than is required
15 by Section 5-40 and states in writing its reasons for that
16 finding, the agency may adopt an emergency rule without prior
17 notice or hearing upon filing a notice of emergency
18 rulemaking with the Secretary of State under Section 5-70.
19 The notice shall include the text of the emergency rule and
20 shall be published in the Illinois Register. Consent orders
21 or other court orders adopting settlements negotiated by an
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1 agency may be adopted under this Section. Subject to
2 applicable constitutional or statutory provisions, an
3 emergency rule becomes effective immediately upon filing
4 under Section 5-65 or at a stated date less than 10 days
5 thereafter. The agency's finding and a statement of the
6 specific reasons for the finding shall be filed with the
7 rule. The agency shall take reasonable and appropriate
8 measures to make emergency rules known to the persons who may
9 be affected by them.
10 (c) An emergency rule may be effective for a period of
11 not longer than 150 days, but the agency's authority to adopt
12 an identical rule under Section 5-40 is not precluded. No
13 emergency rule may be adopted more than once in any 24 month
14 period, except that this limitation on the number of
15 emergency rules that may be adopted in a 24 month period does
16 not apply to (i) emergency rules that make additions to and
17 deletions from the Drug Manual under Section 5-5.16 of the
18 Illinois Public Aid Code or the generic drug formulary under
19 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
20 (ii) emergency rules adopted by the Pollution Control Board
21 before July 1, 1997 to implement portions of the Livestock
22 Management Facilities Act. Two or more emergency rules
23 having substantially the same purpose and effect shall be
24 deemed to be a single rule for purposes of this Section.
25 (d) In order to provide for the expeditious and timely
26 implementation of the State's fiscal year 1999 budget,
27 emergency rules to implement any provision of Public Act
28 90-587 or 90-588 or any other budget initiative for fiscal
29 year 1999 may be adopted in accordance with this Section by
30 the agency charged with administering that provision or
31 initiative, except that the 24-month limitation on the
32 adoption of emergency rules and the provisions of Sections
33 5-115 and 5-125 do not apply to rules adopted under this
34 subsection (d). The adoption of emergency rules authorized
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1 by this subsection (d) shall be deemed to be necessary for
2 the public interest, safety, and welfare.
3 (e) In order to provide for the expeditious and timely
4 implementation of the State's fiscal year 2000 budget,
5 emergency rules to implement any provision of this amendatory
6 Act of the 91st General Assembly or any other budget
7 initiative for fiscal year 2000 may be adopted in accordance
8 with this Section by the agency charged with administering
9 that provision or initiative, except that the 24-month
10 limitation on the adoption of emergency rules and the
11 provisions of Sections 5-115 and 5-125 do not apply to rules
12 adopted under this subsection (e). The adoption of emergency
13 rules authorized by this subsection (e) shall be deemed to be
14 necessary for the public interest, safety, and welfare.
15 (f) In order to provide for the expeditious and timely
16 implementation of the State's fiscal year 2001 budget,
17 emergency rules to implement any provision of this amendatory
18 Act of the 91st General Assembly or any other budget
19 initiative for fiscal year 2001 may be adopted in accordance
20 with this Section by the agency charged with administering
21 that provision or initiative, except that the 24-month
22 limitation on the adoption of emergency rules and the
23 provisions of Sections 5-115 and 5-125 do not apply to rules
24 adopted under this subsection (f). The adoption of emergency
25 rules authorized by this subsection (f) shall be deemed to be
26 necessary for the public interest, safety, and welfare.
27 (Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98; 90-588,
28 eff. 7-1-98; 91-24, eff. 7-1-99; 91-357, eff. 7-29-99.)
29 Section 10. The State Comptroller Act is amended by
30 changing Section 10.05a as follows:
31 (15 ILCS 405/10.05a) (from Ch. 15, par. 210.05a)
32 Sec. 10.05a. Deductions from Warrants and Payments for
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1 Satisfaction of Past Due Child Support. At the direction of
2 the Department of Public Aid, the Comptroller shall deduct
3 from a warrant or other payment described in Section 10.05 of
4 this Act, in accordance with the procedures provided therein,
5 and pay over to the Department or the State Disbursement Unit
6 established under Section 10-26 of the Illinois Public Aid
7 Code, at the direction of the Department, that amount
8 certified as necessary to satisfy, in whole or in part, past
9 due support owed by a person on account of support action
10 being taken by the Department under Article X of the Illinois
11 Public Aid Code, whether or not such support is owed to the
12 State. Such deduction shall have priority over any
13 garnishment except that for payment of state or federal
14 taxes. In the case of joint payees, the Comptroller shall
15 deduct and pay over to the Department or the State
16 Disbursement Unit, as directed by the Department, the entire
17 amount certified. The Comptroller shall provide the
18 Department with the address to which the warrant or other
19 payment was to be mailed and the social security number of
20 each person from whom a deduction is made pursuant to this
21 Section.
22 (Source: P.A. 91-212, eff. 7-20-99.)
23 Section 15. The Children and Family Services Act is
24 amended by changing Section 22.2 as follows:
25 (20 ILCS 505/22.2) (from Ch. 23, par. 5022.2)
26 Sec. 22.2. To provide training programs for the
27 provision of foster care and adoptive care services.
28 Training provided to foster parents shall include training
29 and information on their right to be heard, to bring a
30 mandamus action, and to intervene in juvenile court as set
31 forth under subsection (2) of Section 1-5 of the Juvenile
32 Court Act of 1987 and the availability of the hotline
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1 established under Section 35.6 of this Act, that foster
2 parents may use to report incidents of misconduct or
3 violation of rules by Department employees, service
4 providers, or contractors. Monies for such training programs
5 shall be derived from the Department of Children and Family
6 Services Training Fund, hereby created in the State Treasury.
7 Deposits to this fund shall consist of federal financial
8 participation in foster care and adoption care training
9 programs, public and unsolicited private grants and fees for
10 such training. In addition, with the approval of the
11 Governor, the Department may transfer amounts not exceeding
12 $2,000,000 in each fiscal year from the DCFS Children's
13 Services Fund to the Department of Children and Family
14 Services Training Fund. Disbursements from the Department of
15 Children and Family Services Training Fund shall be made by
16 the Department for foster care and adoptive care training
17 services in accordance with federal standards.
18 (Source: P.A. 88-7.)
19 Section 20. The Department of Revenue Law of the Civil
20 Administrative Code of Illinois is amended by changing
21 Section 2505-650 as follows:
22 (20 ILCS 2505/2505-650) (was 20 ILCS 2505/39b52)
23 Sec. 2505-650. Collection of past due support. Upon
24 certification of past due child support amounts from the
25 Department of Public Aid, the Department of Revenue may
26 collect the delinquency in any manner authorized for the
27 collection of any tax administered by the Department of
28 Revenue. The Department of Revenue shall notify the
29 Department of Public Aid when the delinquency or any portion
30 of the delinquency has been collected under this Section.
31 Any child support delinquency collected by the Department of
32 Revenue, including those amounts that result in overpayment
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1 of a child support delinquency, shall be deposited into the
2 Child Support Enforcement Trust Fund or paid to the State
3 Disbursement Unit established under Section 10-26 of the
4 Illinois Public Aid Code, at the direction of the Department
5 of Public Aid into into. The Department of Revenue may
6 implement this Section through the use of emergency rules in
7 accordance with Section 5-45 of the Illinois Administrative
8 Procedure Act. For purposes of the Illinois Administrative
9 Procedure Act, the adoption of rules to implement this
10 Section shall be considered an emergency and necessary for
11 the public interest, safety, and welfare.
12 (Source: P.A. 90-491, eff. 1-1-98; 91-212, eff. 7-20-99;
13 91-239, eff. 1-1-00; revised 8-5-99.)
14 Section 25. The State Finance Act is amended by changing
15 Section 8.27 as follows:
16 (30 ILCS 105/8.27) (from Ch. 127, par. 144.27)
17 Sec. 8.27. All receipts from federal financial
18 participation in the Foster Care and Adoption Services
19 program under Title IV-E of the federal Social Security Act,
20 including receipts for related indirect costs, but excluding
21 receipts from federal financial participation in such Title
22 IV-E Foster Care and Adoption Training program, shall be
23 deposited in the DCFS Children's Services Fund.
24 Eighty percent of the federal funds received by the
25 Illinois Department of Human Services under the Title IV-A
26 Emergency Assistance program as reimbursement for
27 expenditures made from the Illinois Department of Children
28 and Family Services appropriations for the costs of services
29 in behalf of Department of Children and Family Services
30 clients shall be deposited into the DCFS Children's Services
31 Fund.
32 All receipts from federal financial participation in the
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1 Child Welfare Services program under Title IV-B of the
2 federal Social Security Act, including receipts for related
3 indirect costs, shall be deposited into the DCFS Children's
4 Services Fund for those moneys received as reimbursement for
5 services provided on or after July 1, 1994.
6 In addition, as soon as may be practicable after the
7 first day of November, 1994, the Department of Children and
8 Family Services shall request the Comptroller to order
9 transferred and the Treasurer shall transfer the unexpended
10 balance of the Child Welfare Services Fund to the DCFS
11 Children's Services Fund. Upon completion of the transfer,
12 the Child Welfare Services Fund will be considered dissolved
13 and any outstanding obligations or liabilities of that fund
14 will pass to the DCFS Children's Services Fund.
15 Monies in the Fund may be used by the Department,
16 pursuant to appropriation by the General Assembly, for the
17 ordinary and contingent expenses of the Department.
18 In fiscal year 1988 and in each fiscal year thereafter
19 through fiscal year 2000, the Comptroller shall order
20 transferred and the Treasurer shall transfer an amount of
21 $16,100,000 from the DCFS Children's Services Fund to the
22 General Revenue Fund in the following manner: As soon as may
23 be practicable after the 15th day of September, December,
24 March and June, the Comptroller shall order transferred and
25 the Treasurer shall transfer, to the extent that funds are
26 available, 1/4 of $16,100,000, plus any cumulative
27 deficiencies in such transfers for prior transfer dates
28 during such fiscal year. In no event shall any such transfer
29 reduce the available balance in the DCFS Children's Services
30 Fund below $350,000.
31 In accordance with subsection (q) of Section 5 of the
32 Children and Family Services Act, disbursements from
33 individual children's accounts shall be deposited into the
34 DCFS Children's Services Fund.
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1 (Source: P.A. 88-553; 89-21, eff. 6-6-95; 89-507, eff.
2 7-1-97.)
3 Section 30. The Illinois Income Tax Act is amended by
4 changing Section 901 as follows:
5 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
6 Sec. 901. Collection Authority.
7 (a) In general.
8 The Department shall collect the taxes imposed by this
9 Act. The Department shall collect certified past due child
10 support amounts under Section 2505-650 of the Department of
11 Revenue Law (20 ILCS 2505/2505-650). Except as provided in
12 subsections (c) and (e) of this Section, money collected
13 pursuant to subsections (a) and (b) of Section 201 of this
14 Act shall be paid into the General Revenue Fund in the State
15 treasury; money collected pursuant to subsections (c) and (d)
16 of Section 201 of this Act shall be paid into the Personal
17 Property Tax Replacement Fund, a special fund in the State
18 Treasury; and money collected under Section 2505-650 of the
19 Department of Revenue Law (20 ILCS 2505/2505-650) shall be
20 paid into the Child Support Enforcement Trust Fund, a special
21 fund outside the State Treasury, or to the State Disbursement
22 Unit established under Section 10-26 of the Illinois Public
23 Aid Code, as directed by the Department of Public Aid.
24 (b) Local Governmental Distributive Fund.
25 Beginning August 1, 1969, and continuing through June 30,
26 1994, the Treasurer shall transfer each month from the
27 General Revenue Fund to a special fund in the State treasury,
28 to be known as the "Local Government Distributive Fund", an
29 amount equal to 1/12 of the net revenue realized from the tax
30 imposed by subsections (a) and (b) of Section 201 of this Act
31 during the preceding month. Beginning July 1, 1994, and
32 continuing through June 30, 1995, the Treasurer shall
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1 transfer each month from the General Revenue Fund to the
2 Local Government Distributive Fund an amount equal to 1/11 of
3 the net revenue realized from the tax imposed by subsections
4 (a) and (b) of Section 201 of this Act during the preceding
5 month. Beginning July 1, 1995, the Treasurer shall transfer
6 each month from the General Revenue Fund to the Local
7 Government Distributive Fund an amount equal to 1/10 of the
8 net revenue realized from the tax imposed by subsections (a)
9 and (b) of Section 201 of the Illinois Income Tax Act during
10 the preceding month. Net revenue realized for a month shall
11 be defined as the revenue from the tax imposed by subsections
12 (a) and (b) of Section 201 of this Act which is deposited in
13 the General Revenue Fund, the Educational Assistance Fund and
14 the Income Tax Surcharge Local Government Distributive Fund
15 during the month minus the amount paid out of the General
16 Revenue Fund in State warrants during that same month as
17 refunds to taxpayers for overpayment of liability under the
18 tax imposed by subsections (a) and (b) of Section 201 of this
19 Act.
20 (c) Deposits Into Income Tax Refund Fund.
21 (1) Beginning on January 1, 1989 and thereafter,
22 the Department shall deposit a percentage of the amounts
23 collected pursuant to subsections (a) and (b)(1), (2),
24 and (3), of Section 201 of this Act into a fund in the
25 State treasury known as the Income Tax Refund Fund. The
26 Department shall deposit 6% of such amounts during the
27 period beginning January 1, 1989 and ending on June 30,
28 1989. Beginning with State fiscal year 1990 and for each
29 fiscal year thereafter, the percentage deposited into the
30 Income Tax Refund Fund during a fiscal year shall be the
31 Annual Percentage. For fiscal years 1999 through 2001,
32 the Annual Percentage shall be 7.1%. For all other
33 fiscal years, the Annual Percentage shall be calculated
34 as a fraction, the numerator of which shall be the amount
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1 of refunds approved for payment by the Department during
2 the preceding fiscal year as a result of overpayment of
3 tax liability under subsections (a) and (b)(1), (2), and
4 (3) of Section 201 of this Act plus the amount of such
5 refunds remaining approved but unpaid at the end of the
6 preceding fiscal year, the denominator of which shall be
7 the amounts which will be collected pursuant to
8 subsections (a) and (b)(1), (2), and (3) of Section 201
9 of this Act during the preceding fiscal year. The
10 Director of Revenue shall certify the Annual Percentage
11 to the Comptroller on the last business day of the fiscal
12 year immediately preceding the fiscal year for which it
13 is to be effective.
14 (2) Beginning on January 1, 1989 and thereafter,
15 the Department shall deposit a percentage of the amounts
16 collected pursuant to subsections (a) and (b)(6), (7),
17 and (8), (c) and (d) of Section 201 of this Act into a
18 fund in the State treasury known as the Income Tax Refund
19 Fund. The Department shall deposit 18% of such amounts
20 during the period beginning January 1, 1989 and ending on
21 June 30, 1989. Beginning with State fiscal year 1990 and
22 for each fiscal year thereafter, the percentage deposited
23 into the Income Tax Refund Fund during a fiscal year
24 shall be the Annual Percentage. For fiscal years 1999,
25 2000, and 2001, the Annual Percentage shall be 19%. For
26 all other fiscal years, the Annual Percentage shall be
27 calculated as a fraction, the numerator of which shall be
28 the amount of refunds approved for payment by the
29 Department during the preceding fiscal year as a result
30 of overpayment of tax liability under subsections (a) and
31 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
32 Act plus the amount of such refunds remaining approved
33 but unpaid at the end of the preceding fiscal year, the
34 denominator of which shall be the amounts which will be
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1 collected pursuant to subsections (a) and (b)(6), (7),
2 and (8), (c) and (d) of Section 201 of this Act during
3 the preceding fiscal year. The Director of Revenue shall
4 certify the Annual Percentage to the Comptroller on the
5 last business day of the fiscal year immediately
6 preceding the fiscal year for which it is to be
7 effective.
8 (d) Expenditures from Income Tax Refund Fund.
9 (1) Beginning January 1, 1989, money in the Income
10 Tax Refund Fund shall be expended exclusively for the
11 purpose of paying refunds resulting from overpayment of
12 tax liability under Section 201 of this Act and for
13 making transfers pursuant to this subsection (d).
14 (2) The Director shall order payment of refunds
15 resulting from overpayment of tax liability under Section
16 201 of this Act from the Income Tax Refund Fund only to
17 the extent that amounts collected pursuant to Section 201
18 of this Act and transfers pursuant to this subsection (d)
19 have been deposited and retained in the Fund.
20 (3) As soon as possible after the end of each
21 fiscal year, the Director shall order transferred and the
22 State Treasurer and State Comptroller shall transfer from
23 the Income Tax Refund Fund to the Personal Property Tax
24 Replacement Fund an amount, certified by the Director to
25 the Comptroller, equal to the excess of the amount
26 collected pursuant to subsections (c) and (d) of Section
27 201 of this Act deposited into the Income Tax Refund Fund
28 during the fiscal year over the amount of refunds
29 resulting from overpayment of tax liability under
30 subsections (c) and (d) of Section 201 of this Act paid
31 from the Income Tax Refund Fund during the fiscal year.
32 (4) As soon as possible after the end of each
33 fiscal year, the Director shall order transferred and the
34 State Treasurer and State Comptroller shall transfer from
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1 the Personal Property Tax Replacement Fund to the Income
2 Tax Refund Fund an amount, certified by the Director to
3 the Comptroller, equal to the excess of the amount of
4 refunds resulting from overpayment of tax liability under
5 subsections (c) and (d) of Section 201 of this Act paid
6 from the Income Tax Refund Fund during the fiscal year
7 over the amount collected pursuant to subsections (c) and
8 (d) of Section 201 of this Act deposited into the Income
9 Tax Refund Fund during the fiscal year.
10 (4.5) As soon as possible after the end of fiscal
11 year 1999 and of each fiscal year thereafter, the
12 Director shall order transferred and the State Treasurer
13 and State Comptroller shall transfer from the Income Tax
14 Refund Fund to the General Revenue Fund any surplus
15 remaining in the Income Tax Refund Fund as of the end of
16 such fiscal year.
17 (5) This Act shall constitute an irrevocable and
18 continuing appropriation from the Income Tax Refund Fund
19 for the purpose of paying refunds upon the order of the
20 Director in accordance with the provisions of this
21 Section.
22 (e) Deposits into the Education Assistance Fund and the
23 Income Tax Surcharge Local Government Distributive Fund.
24 On July 1, 1991, and thereafter, of the amounts collected
25 pursuant to subsections (a) and (b) of Section 201 of this
26 Act, minus deposits into the Income Tax Refund Fund, the
27 Department shall deposit 7.3% into the Education Assistance
28 Fund in the State Treasury. Beginning July 1, 1991, and
29 continuing through January 31, 1993, of the amounts collected
30 pursuant to subsections (a) and (b) of Section 201 of the
31 Illinois Income Tax Act, minus deposits into the Income Tax
32 Refund Fund, the Department shall deposit 3.0% into the
33 Income Tax Surcharge Local Government Distributive Fund in
34 the State Treasury. Beginning February 1, 1993 and
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1 continuing through June 30, 1993, of the amounts collected
2 pursuant to subsections (a) and (b) of Section 201 of the
3 Illinois Income Tax Act, minus deposits into the Income Tax
4 Refund Fund, the Department shall deposit 4.4% into the
5 Income Tax Surcharge Local Government Distributive Fund in
6 the State Treasury. Beginning July 1, 1993, and continuing
7 through June 30, 1994, of the amounts collected under
8 subsections (a) and (b) of Section 201 of this Act, minus
9 deposits into the Income Tax Refund Fund, the Department
10 shall deposit 1.475% into the Income Tax Surcharge Local
11 Government Distributive Fund in the State Treasury.
12 (Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98;
13 91-212, eff. 7-20-99; 91-239, eff. 1-1-00; revised 9-28-99.)
14 Section 35. The Ambulatory Surgical Treatment Center Act
15 is amended by changing Section 8 as follows:
16 (210 ILCS 5/8) (from Ch. 111 1/2, par. 157-8.8)
17 Sec. 8. Facility plan review; fees.
18 (a) Before commencing construction of new facilities or
19 specified types of alteration or additions to an existing
20 ambulatory surgical treatment center involving major
21 construction, as defined by rule by the Department, with an
22 estimated cost greater than $100,000, architectural drawings
23 and specifications therefor shall be submitted to the
24 Department for review and approval. A facility may submit
25 architectural drawings and specifications for other
26 construction projects for Department review according to
27 subsection (b) that shall not be subject to fees under
28 subsection (d). Review of drawings and specifications shall
29 be conducted by an employee of the Department meeting the
30 qualifications established by the Department of Central
31 Management Services class specifications for such an
32 individual's position or by a person contracting with the
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1 Department who meets those class specifications. Final
2 approval of the drawings and specifications for compliance
3 with design and construction standards shall be obtained from
4 the Department before the alteration, addition, or new
5 construction is begun.
6 (b) The Department shall inform an applicant in writing
7 within 10 working days after receiving drawings and
8 specifications and the required fee, if any, from the
9 applicant whether the applicant's submission is complete or
10 incomplete. Failure to provide the applicant with this
11 notice within 10 working days shall result in the submission
12 being deemed complete for purposes of initiating the 60-day
13 review period under this Section. If the submission is
14 incomplete, the Department shall inform the applicant of the
15 deficiencies with the submission in writing. If the
16 submission is complete and the required fee, if any, has been
17 paid, the Department shall approve or disapprove drawings and
18 specifications submitted to the Department no later than 60
19 days following receipt by the Department. The drawings and
20 specifications shall be of sufficient detail, as provided by
21 Department rule, to enable the Department to render a
22 determination of compliance with design and construction
23 standards under this Act. If the Department finds that the
24 drawings are not of sufficient detail for it to render a
25 determination of compliance, the plans shall be determined to
26 be incomplete and shall not be considered for purposes of
27 initiating the 60 day review period. If a submission of
28 drawings and specifications is incomplete, the applicant may
29 submit additional information. The 60-day review period
30 shall not commence until the Department determines that a
31 submission of drawings and specifications is complete or the
32 submission is deemed complete. If the Department has not
33 approved or disapproved the drawings and specifications
34 within 60 days, the construction, major alteration, or
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1 addition shall be deemed approved. If the drawings and
2 specifications are disapproved, the Department shall state in
3 writing, with specificity, the reasons for the disapproval.
4 The entity submitting the drawings and specifications may
5 submit additional information in response to the written
6 comments from the Department or request a reconsideration of
7 the disapproval. A final decision of approval or disapproval
8 shall be made within 45 days of the receipt of the additional
9 information or reconsideration request. If denied, the
10 Department shall state the specific reasons for the denial.
11 (c) The Department shall provide written approval for
12 occupancy pursuant to subsection (g) and shall not issue a
13 violation to a facility as a result of a licensure or
14 complaint survey based upon the facility's physical structure
15 if:
16 (1) the Department reviewed and approved or deemed
17 approved the drawings and specifications for compliance
18 with design and construction standards;
19 (2) the construction, major alteration, or addition
20 was built as submitted;
21 (3) the law or rules have not been amended since
22 the original approval; and
23 (4) the conditions at the facility indicate that
24 there is a reasonable degree of safety provided for the
25 patients.
26 (d) The Department shall charge the following fees in
27 connection with its reviews conducted before June 30, 2004
28 2000 under this Section:
29 (1) (Blank).
30 (2) (Blank).
31 (3) If the estimated dollar value of the
32 alteration, addition, or new construction is $100,000 or
33 more but less than $500,000, the fee shall be the greater
34 of $2,400 or 1.2% of that value.
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1 (4) If the estimated dollar value of the
2 alteration, addition, or new construction is $500,000 or
3 more but less than $1,000,000, the fee shall be the
4 greater of $6,000 or 0.96% of that value.
5 (5) If the estimated dollar value of the
6 alteration, addition, or new construction is $1,000,000
7 or more but less than $5,000,000, the fee shall be the
8 greater of $9,600 or 0.22% of that value.
9 (6) If the estimated dollar value of the
10 alteration, addition, or new construction is $5,000,000
11 or more, the fee shall be the greater of $11,000 or 0.11%
12 of that value, but shall not exceed $40,000.
13 The fees provided in this subsection (d) shall not apply
14 to major construction projects involving facility changes
15 that are required by Department rule amendments.
16 The fees provided in this subsection (d) shall also not
17 apply to major construction projects if 51% or more of the
18 estimated cost of the project is attributed to capital
19 equipment. For major construction projects where 51% or more
20 of the estimated cost of the project is attributed to capital
21 equipment, the Department shall by rule establish a fee that
22 is reasonably related to the cost of reviewing the project.
23 The Department shall not commence the facility plan
24 review process under this Section until the applicable fee
25 has been paid.
26 (e) All fees received by the Department under this
27 Section shall be deposited into the Health Facility Plan
28 Review Fund, a special fund created in the State Treasury.
29 Moneys shall be appropriated from that Fund to the Department
30 only to pay the costs of conducting reviews under this
31 Section. All fees paid by ambulatory surgical treatment
32 centers under subsection (d) shall be used only to cover the
33 costs relating to the Department's review of ambulatory
34 surgical treatment center projects under this Section. None
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1 of the moneys in the Health Facility Plan Review Fund shall
2 be used to reduce the amount of General Revenue Fund moneys
3 appropriated to the Department for facility plan reviews
4 conducted pursuant to this Section.
5 (f) (1) The provisions of this amendatory Act of 1997
6 concerning drawings and specifications shall apply only
7 to drawings and specifications submitted to the
8 Department on or after October 1, 1997.
9 (2) On and after the effective date of this
10 amendatory Act of 1997 and before October 1, 1997, an
11 applicant may submit or resubmit drawings and
12 specifications to the Department and pay the fees
13 provided in subsection (d). If an applicant pays the
14 fees provided in subsection (d) under this paragraph (2),
15 the provisions of subsection (b) shall apply with regard
16 to those drawings and specifications.
17 (g) The Department shall conduct an on-site inspection
18 of the completed project no later than 30 days after
19 notification from the applicant that the project has been
20 completed and all certifications required by the Department
21 have been received and accepted by the Department. The
22 Department shall provide written approval for occupancy to
23 the applicant within 5 working days of the Department's final
24 inspection, provided the applicant has demonstrated
25 substantial compliance as defined by Department rule.
26 Occupancy of new major construction is prohibited until
27 Department approval is received, unless the Department has
28 not acted within the time frames provided in this subsection
29 (g), in which case the construction shall be deemed approved.
30 Occupancy shall be authorized after any required health
31 inspection by the Department has been conducted.
32 (h) The Department shall establish, by rule, a procedure
33 to conduct interim on-site review of large or complex
34 construction projects.
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1 (i) The Department shall establish, by rule, an
2 expedited process for emergency repairs or replacement of
3 like equipment.
4 (j) Nothing in this Section shall be construed to apply
5 to maintenance, upkeep, or renovation that does not affect
6 the structural integrity of the building, does not add beds
7 or services over the number for which the facility is
8 licensed, and provides a reasonable degree of safety for the
9 patients.
10 (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.)
11 Section 40. The Nursing Home Care Act is amended by
12 changing Section 3-202.5 as follows:
13 (210 ILCS 45/3-202.5)
14 Sec. 3-202.5. Facility plan review; fees.
15 (a) Before commencing construction of a new facility or
16 specified types of alteration or additions to an existing
17 long term care facility involving major construction, as
18 defined by rule by the Department, with an estimated cost
19 greater than $100,000, architectural drawings and
20 specifications for the facility shall be submitted to the
21 Department for review and approval. A facility may submit
22 architectural drawings and specifications for other
23 construction projects for Department review according to
24 subsection (b) that shall not be subject to fees under
25 subsection (d). Review of drawings and specifications shall
26 be conducted by an employee of the Department meeting the
27 qualifications established by the Department of Central
28 Management Services class specifications for such an
29 individual's position or by a person contracting with the
30 Department who meets those class specifications. Final
31 approval of the drawings and specifications for compliance
32 with design and construction standards shall be obtained from
-19- LRB9111011EGfgam03
1 the Department before the alteration, addition, or new
2 construction is begun.
3 (b) The Department shall inform an applicant in writing
4 within 10 working days after receiving drawings and
5 specifications and the required fee, if any, from the
6 applicant whether the applicant's submission is complete or
7 incomplete. Failure to provide the applicant with this
8 notice within 10 working days shall result in the submission
9 being deemed complete for purposes of initiating the 60-day
10 review period under this Section. If the submission is
11 incomplete, the Department shall inform the applicant of the
12 deficiencies with the submission in writing. If the
13 submission is complete the required fee, if any, has been
14 paid, the Department shall approve or disapprove drawings and
15 specifications submitted to the Department no later than 60
16 days following receipt by the Department. The drawings and
17 specifications shall be of sufficient detail, as provided by
18 Department rule, to enable the Department to render a
19 determination of compliance with design and construction
20 standards under this Act. If the Department finds that the
21 drawings are not of sufficient detail for it to render a
22 determination of compliance, the plans shall be determined to
23 be incomplete and shall not be considered for purposes of
24 initiating the 60 day review period. If a submission of
25 drawings and specifications is incomplete, the applicant may
26 submit additional information. The 60-day review period
27 shall not commence until the Department determines that a
28 submission of drawings and specifications is complete or the
29 submission is deemed complete. If the Department has not
30 approved or disapproved the drawings and specifications
31 within 60 days, the construction, major alteration, or
32 addition shall be deemed approved. If the drawings and
33 specifications are disapproved, the Department shall state in
34 writing, with specificity, the reasons for the disapproval.
-20- LRB9111011EGfgam03
1 The entity submitting the drawings and specifications may
2 submit additional information in response to the written
3 comments from the Department or request a reconsideration of
4 the disapproval. A final decision of approval or disapproval
5 shall be made within 45 days of the receipt of the additional
6 information or reconsideration request. If denied, the
7 Department shall state the specific reasons for the denial.
8 (c) The Department shall provide written approval for
9 occupancy pursuant to subsection (g) and shall not issue a
10 violation to a facility as a result of a licensure or
11 complaint survey based upon the facility's physical structure
12 if:
13 (1) the Department reviewed and approved or deemed
14 approved the drawings and specifications for compliance
15 with design and construction standards;
16 (2) the construction, major alteration, or addition
17 was built as submitted;
18 (3) the law or rules have not been amended since
19 the original approval; and
20 (4) the conditions at the facility indicate that
21 there is a reasonable degree of safety provided for the
22 residents.
23 (d) The Department shall charge the following fees in
24 connection with its reviews conducted before June 30, 2004
25 2000 under this Section:
26 (1) (Blank).
27 (2) (Blank).
28 (3) If the estimated dollar value of the
29 alteration, addition, or new construction is $100,000 or
30 more but less than $500,000, the fee shall be the greater
31 of $2,400 or 1.2% of that value.
32 (4) If the estimated dollar value of the
33 alteration, addition, or new construction is $500,000 or
34 more but less than $1,000,000, the fee shall be the
-21- LRB9111011EGfgam03
1 greater of $6,000 or 0.96% of that value.
2 (5) If the estimated dollar value of the
3 alteration, addition, or new construction is $1,000,000
4 or more but less than $5,000,000, the fee shall be the
5 greater of $9,600 or 0.22% of that value.
6 (6) If the estimated dollar value of the
7 alteration, addition, or new construction is $5,000,000
8 or more, the fee shall be the greater of $11,000 or 0.11%
9 of that value, but shall not exceed $40,000.
10 The fees provided in this subsection (d) shall not apply
11 to major construction projects involving facility changes
12 that are required by Department rule amendments.
13 The fees provided in this subsection (d) shall also not
14 apply to major construction projects if 51% or more of the
15 estimated cost of the project is attributed to capital
16 equipment. For major construction projects where 51% or more
17 of the estimated cost of the project is attributed to capital
18 equipment, the Department shall by rule establish a fee that
19 is reasonably related to the cost of reviewing the project.
20 The Department shall not commence the facility plan
21 review process under this Section until the applicable fee
22 has been paid.
23 (e) All fees received by the Department under this
24 Section shall be deposited into the Health Facility Plan
25 Review Fund, a special fund created in the State Treasury.
26 All fees paid by long-term care facilities under subsection
27 (d) shall be used only to cover the costs relating to the
28 Department's review of long-term care facility projects under
29 this Section. Moneys shall be appropriated from that Fund to
30 the Department only to pay the costs of conducting reviews
31 under this Section. None of the moneys in the Health Facility
32 Plan Review Fund shall be used to reduce the amount of
33 General Revenue Fund moneys appropriated to the Department
34 for facility plan reviews conducted pursuant to this Section.
-22- LRB9111011EGfgam03
1 (f) (1) The provisions of this amendatory Act of 1997
2 concerning drawings and specifications shall apply only
3 to drawings and specifications submitted to the
4 Department on or after October 1, 1997.
5 (2) On and after the effective date of this
6 amendatory Act of 1997 and before October 1, 1997, an
7 applicant may submit or resubmit drawings and
8 specifications to the Department and pay the fees
9 provided in subsection (d). If an applicant pays the
10 fees provided in subsection (d) under this paragraph (2),
11 the provisions of subsection (b) shall apply with regard
12 to those drawings and specifications.
13 (g) The Department shall conduct an on-site inspection
14 of the completed project no later than 30 days after
15 notification from the applicant that the project has been
16 completed and all certifications required by the Department
17 have been received and accepted by the Department. The
18 Department shall provide written approval for occupancy to
19 the applicant within 5 working days of the Department's final
20 inspection, provided the applicant has demonstrated
21 substantial compliance as defined by Department rule.
22 Occupancy of new major construction is prohibited until
23 Department approval is received, unless the Department has
24 not acted within the time frames provided in this subsection
25 (g), in which case the construction shall be deemed approved.
26 Occupancy shall be authorized after any required health
27 inspection by the Department has been conducted.
28 (h) The Department shall establish, by rule, a procedure
29 to conduct interim on-site review of large or complex
30 construction projects.
31 (i) The Department shall establish, by rule, an
32 expedited process for emergency repairs or replacement of
33 like equipment.
34 (j) Nothing in this Section shall be construed to apply
-23- LRB9111011EGfgam03
1 to maintenance, upkeep, or renovation that does not affect
2 the structural integrity of the building, does not add beds
3 or services over the number for which the long-term care
4 facility is licensed, and provides a reasonable degree of
5 safety for the residents.
6 (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.)
7 Section 45. The Hospital Licensing Act is amended by
8 changing Section 8 as follows:
9 (210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
10 Sec. 8. Facility plan review; fees.
11 (a) Before commencing construction of new facilities or
12 specified types of alteration or additions to an existing
13 hospital involving major construction, as defined by rule by
14 the Department, with an estimated cost greater than $100,000,
15 architectural plans and specifications therefor shall be
16 submitted by the licensee to the Department for review and
17 approval. A hospital may submit architectural drawings and
18 specifications for other construction projects for Department
19 review according to subsection (b) that shall not be subject
20 to fees under subsection (d). Review of drawings and
21 specifications shall be conducted by an employee of the
22 Department meeting the qualifications established by the
23 Department of Central Management Services class
24 specifications for such an individual's position or by a
25 person contracting with the Department who meets those class
26 specifications. Final approval of the plans and
27 specifications for compliance with design and construction
28 standards shall be obtained from the Department before the
29 alteration, addition, or new construction is begun.
30 (b) The Department shall inform an applicant in writing
31 within 10 working days after receiving drawings and
32 specifications and the required fee, if any, from the
-24- LRB9111011EGfgam03
1 applicant whether the applicant's submission is complete or
2 incomplete. Failure to provide the applicant with this
3 notice within 10 working days shall result in the submission
4 being deemed complete for purposes of initiating the 60-day
5 review period under this Section. If the submission is
6 incomplete, the Department shall inform the applicant of the
7 deficiencies with the submission in writing. If the
8 submission is complete and the required fee, if any, has been
9 paid, the Department shall approve or disapprove drawings and
10 specifications submitted to the Department no later than 60
11 days following receipt by the Department. The drawings and
12 specifications shall be of sufficient detail, as provided by
13 Department rule, to enable the Department to render a
14 determination of compliance with design and construction
15 standards under this Act. If the Department finds that the
16 drawings are not of sufficient detail for it to render a
17 determination of compliance, the plans shall be determined to
18 be incomplete and shall not be considered for purposes of
19 initiating the 60 day review period. If a submission of
20 drawings and specifications is incomplete, the applicant may
21 submit additional information. The 60-day review period
22 shall not commence until the Department determines that a
23 submission of drawings and specifications is complete or the
24 submission is deemed complete. If the Department has not
25 approved or disapproved the drawings and specifications
26 within 60 days, the construction, major alteration, or
27 addition shall be deemed approved. If the drawings and
28 specifications are disapproved, the Department shall state in
29 writing, with specificity, the reasons for the disapproval.
30 The entity submitting the drawings and specifications may
31 submit additional information in response to the written
32 comments from the Department or request a reconsideration of
33 the disapproval. A final decision of approval or disapproval
34 shall be made within 45 days of the receipt of the additional
-25- LRB9111011EGfgam03
1 information or reconsideration request. If denied, the
2 Department shall state the specific reasons for the denial.
3 (c) The Department shall provide written approval for
4 occupancy pursuant to subsection (g) and shall not issue a
5 violation to a facility as a result of a licensure or
6 complaint survey based upon the facility's physical structure
7 if:
8 (1) the Department reviewed and approved or deemed
9 approved the drawing and specifications for compliance
10 with design and construction standards;
11 (2) the construction, major alteration, or addition
12 was built as submitted;
13 (3) the law or rules have not been amended since
14 the original approval; and
15 (4) the conditions at the facility indicate that
16 there is a reasonable degree of safety provided for the
17 patients.
18 (d) The Department shall charge the following fees in
19 connection with its reviews conducted before June 30, 2004
20 2000 under this Section:
21 (1) (Blank).
22 (2) (Blank).
23 (3) If the estimated dollar value of the
24 alteration, addition, or new construction is $100,000 or
25 more but less than $500,000, the fee shall be the greater
26 of $2,400 or 1.2% of that value.
27 (4) If the estimated dollar value of the
28 alteration, addition, or new construction is $500,000 or
29 more but less than $1,000,000, the fee shall be the
30 greater of $6,000 or 0.96% of that value.
31 (5) If the estimated dollar value of the
32 alteration, addition, or new construction is $1,000,000
33 or more but less than $5,000,000, the fee shall be the
34 greater of $9,600 or 0.22% of that value.
-26- LRB9111011EGfgam03
1 (6) If the estimated dollar value of the
2 alteration, addition, or new construction is $5,000,000
3 or more, the fee shall be the greater of $11,000 or 0.11%
4 of that value, but shall not exceed $40,000.
5 The fees provided in this subsection (d) shall not apply
6 to major construction projects involving facility changes
7 that are required by Department rule amendments.
8 The fees provided in this subsection (d) shall also not
9 apply to major construction projects if 51% or more of the
10 estimated cost of the project is attributed to capital
11 equipment. For major construction projects where 51% or more
12 of the estimated cost of the project is attributed to capital
13 equipment, the Department shall by rule establish a fee that
14 is reasonably related to the cost of reviewing the project.
15 The Department shall not commence the facility plan
16 review process under this Section until the applicable fee
17 has been paid.
18 (e) All fees received by the Department under this
19 Section shall be deposited into the Health Facility Plan
20 Review Fund, a special fund created in the State treasury.
21 All fees paid by hospitals under subsection (d) shall be used
22 only to cover the costs relating to the Department's review
23 of hospital projects under this Section. Moneys shall be
24 appropriated from that Fund to the Department only to pay the
25 costs of conducting reviews under this Section. None of the
26 moneys in the Health Facility Plan Review Fund shall be used
27 to reduce the amount of General Revenue Fund moneys
28 appropriated to the Department for facility plan reviews
29 conducted pursuant to this Section.
30 (f) (1) The provisions of this amendatory Act of 1997
31 concerning drawings and specifications shall apply only
32 to drawings and specifications submitted to the
33 Department on or after October 1, 1997.
34 (2) On and after the effective date of this
-27- LRB9111011EGfgam03
1 amendatory Act of 1997 and before October 1, 1997, an
2 applicant may submit or resubmit drawings and
3 specifications to the Department and pay the fees
4 provided in subsection (d). If an applicant pays the
5 fees provided in subsection (d) under this paragraph (2),
6 the provisions of subsection (b) shall apply with regard
7 to those drawings and specifications.
8 (g) The Department shall conduct an on-site inspection
9 of the completed project no later than 30 days after
10 notification from the applicant that the project has been
11 completed and all certifications required by the Department
12 have been received and accepted by the Department. The
13 Department shall provide written approval for occupancy to
14 the applicant within 5 working days of the Department's final
15 inspection, provided the applicant has demonstrated
16 substantial compliance as defined by Department rule.
17 Occupancy of new major construction is prohibited until
18 Department approval is received, unless the Department has
19 not acted within the time frames provided in this subsection
20 (g), in which case the construction shall be deemed approved.
21 Occupancy shall be authorized after any required health
22 inspection by the Department has been conducted.
23 (h) The Department shall establish, by rule, a procedure
24 to conduct interim on-site review of large or complex
25 construction projects.
26 (i) The Department shall establish, by rule, an
27 expedited process for emergency repairs or replacement of
28 like equipment.
29 (j) Nothing in this Section shall be construed to apply
30 to maintenance, upkeep, or renovation that does not affect
31 the structural integrity of the building, does not add beds
32 or services over the number for which the facility is
33 licensed, and provides a reasonable degree of safety for the
34 patients.
-28- LRB9111011EGfgam03
1 (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.)
2 Section 50. The Children's Health Insurance Program Act
3 is amended by changing Section 97 as follows:
4 (215 ILCS 106/97)
5 (Section scheduled to be repealed on June 30, 2001)
6 Sec. 97. Repealer. This Act is repealed on July 1, 2002
7 June 30, 2001.
8 (Source: P.A. 90-736, eff. 8-12-98.)
9 Section 55. The Illinois Public Aid Code is amended by
10 changing Sections 5-2, 5-5.4, 10-26, 12-4.34, 12-10.2, and
11 12-10.4 and adding Section 12-8.1 as follows:
12 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
13 Sec. 5-2. Classes of Persons Eligible. Medical
14 assistance under this Article shall be available to any of
15 the following classes of persons in respect to whom a plan
16 for coverage has been submitted to the Governor by the
17 Illinois Department and approved by him:
18 1. Recipients of basic maintenance grants under Articles
19 III and IV.
20 2. Persons otherwise eligible for basic maintenance
21 under Articles III and IV but who fail to qualify thereunder
22 on the basis of need, and who have insufficient income and
23 resources to meet the costs of necessary medical care,
24 including but not limited to, all persons who would be
25 determined eligible for such basic maintenance under Article
26 IV by disregarding the maximum earned income permitted by
27 federal law.
28 3. Persons who would otherwise qualify for Aid to the
29 Medically Indigent under Article VII.
30 4. Persons not eligible under any of the preceding
-29- LRB9111011EGfgam03
1 paragraphs who fall sick, are injured, or die, not having
2 sufficient money, property or other resources to meet the
3 costs of necessary medical care or funeral and burial
4 expenses.
5 5. (a) Women during pregnancy, after the fact of
6 pregnancy has been determined by medical diagnosis, and
7 during the 60-day period beginning on the last day of the
8 pregnancy, together with their infants and children born
9 after September 30, 1983, whose income and resources are
10 insufficient to meet the costs of necessary medical care
11 to the maximum extent possible under Title XIX of the
12 Federal Social Security Act.
13 (b) The Illinois Department and the Governor shall
14 provide a plan for coverage of the persons eligible under
15 paragraph 5(a) by April 1, 1990. Such plan shall provide
16 ambulatory prenatal care to pregnant women during a
17 presumptive eligibility period and establish an income
18 eligibility standard that is equal to 133% of the nonfarm
19 income official poverty line, as defined by the federal
20 Office of Management and Budget and revised annually in
21 accordance with Section 673(2) of the Omnibus Budget
22 Reconciliation Act of 1981, applicable to families of the
23 same size, provided that costs incurred for medical care
24 are not taken into account in determining such income
25 eligibility.
26 (c) The Illinois Department may conduct a
27 demonstration in at least one county that will provide
28 medical assistance to pregnant women, together with their
29 infants and children up to one year of age, where the
30 income eligibility standard is set up to 185% of the
31 nonfarm income official poverty line, as defined by the
32 federal Office of Management and Budget. The Illinois
33 Department shall seek and obtain necessary authorization
34 provided under federal law to implement such a
-30- LRB9111011EGfgam03
1 demonstration. Such demonstration may establish resource
2 standards that are not more restrictive than those
3 established under Article IV of this Code.
4 6. Persons under the age of 18 who fail to qualify as
5 dependent under Article IV and who have insufficient income
6 and resources to meet the costs of necessary medical care to
7 the maximum extent permitted under Title XIX of the Federal
8 Social Security Act.
9 7. Persons who are 18 years of age or younger and would
10 qualify as disabled as defined under the Federal Supplemental
11 Security Income Program, provided medical service for such
12 persons would be eligible for Federal Financial
13 Participation, and provided the Illinois Department
14 determines that:
15 (a) the person requires a level of care provided by
16 a hospital, skilled nursing facility, or intermediate
17 care facility, as determined by a physician licensed to
18 practice medicine in all its branches;
19 (b) it is appropriate to provide such care outside
20 of an institution, as determined by a physician licensed
21 to practice medicine in all its branches;
22 (c) the estimated amount which would be expended
23 for care outside the institution is not greater than the
24 estimated amount which would be expended in an
25 institution.
26 8. Persons who become ineligible for basic maintenance
27 assistance under Article IV of this Code in programs
28 administered by the Illinois Department due to employment
29 earnings and persons in assistance units comprised of adults
30 and children who become ineligible for basic maintenance
31 assistance under Article VI of this Code due to employment
32 earnings. The plan for coverage for this class of persons
33 shall:
34 (a) extend the medical assistance coverage for up
-31- LRB9111011EGfgam03
1 to 12 months following termination of basic maintenance
2 assistance; and
3 (b) offer persons who have initially received 6
4 months of the coverage provided in paragraph (a) above,
5 the option of receiving an additional 6 months of
6 coverage, subject to the following:
7 (i) such coverage shall be pursuant to
8 provisions of the federal Social Security Act;
9 (ii) such coverage shall include all services
10 covered while the person was eligible for basic
11 maintenance assistance;
12 (iii) no premium shall be charged for such
13 coverage; and
14 (iv) such coverage shall be suspended in the
15 event of a person's failure without good cause to
16 file in a timely fashion reports required for this
17 coverage under the Social Security Act and coverage
18 shall be reinstated upon the filing of such reports
19 if the person remains otherwise eligible.
20 9. Persons with acquired immunodeficiency syndrome
21 (AIDS) or with AIDS-related conditions with respect to whom
22 there has been a determination that but for home or
23 community-based services such individuals would require the
24 level of care provided in an inpatient hospital, skilled
25 nursing facility or intermediate care facility the cost of
26 which is reimbursed under this Article. Assistance shall be
27 provided to such persons to the maximum extent permitted
28 under Title XIX of the Federal Social Security Act.
29 10. Participants in the long-term care insurance
30 partnership program established under the Partnership for
31 Long-Term Care Act who meet the qualifications for protection
32 of resources described in Section 25 of that Act.
33 11. Persons with disabilities who are employed and
34 eligible for Medicaid, pursuant to Section
-32- LRB9111011EGfgam03
1 1902(a)(10)(A)(ii)(xv) of the Social Security Act, as
2 provided by the Illinois Department by rule.
3 The Illinois Department and the Governor shall provide a
4 plan for coverage of the persons eligible under paragraph 7
5 as soon as possible after July 1, 1984.
6 The eligibility of any such person for medical assistance
7 under this Article is not affected by the payment of any
8 grant under the Senior Citizens and Disabled Persons Property
9 Tax Relief and Pharmaceutical Assistance Act or any
10 distributions or items of income described under subparagraph
11 (X) of paragraph (2) of subsection (a) of Section 203 of the
12 Illinois Income Tax Act. The Department shall by rule
13 establish the amounts of assets to be disregarded in
14 determining eligibility for medical assistance, which shall
15 at a minimum equal the amounts to be disregarded under the
16 Federal Supplemental Security Income Program. The amount of
17 assets of a single person to be disregarded shall not be less
18 than $2,000, and the amount of assets of a married couple to
19 be disregarded shall not be less than $3,000.
20 To the extent permitted under federal law, any person
21 found guilty of a second violation of Article VIIIA shall be
22 ineligible for medical assistance under this Article, as
23 provided in Section 8A-8.
24 The eligibility of any person for medical assistance
25 under this Article shall not be affected by the receipt by
26 the person of donations or benefits from fundraisers held for
27 the person in cases of serious illness, as long as neither
28 the person nor members of the person's family have actual
29 control over the donations or benefits or the disbursement of
30 the donations or benefits.
31 (Source: P.A. 91-676, eff. 12-23-99.)
32 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
33 Sec. 5-5.4. Standards of Payment - Department of Public
-33- LRB9111011EGfgam03
1 Aid. The Department of Public Aid shall develop standards of
2 payment of skilled nursing and intermediate care services in
3 facilities providing such services under this Article which:
4 (1) Provides for the determination of a facility's
5 payment for skilled nursing and intermediate care services on
6 a prospective basis. The amount of the payment rate for all
7 nursing facilities certified under the medical assistance
8 program shall be prospectively established annually on the
9 basis of historical, financial, and statistical data
10 reflecting actual costs from prior years, which shall be
11 applied to the current rate year and updated for inflation,
12 except that the capital cost element for newly constructed
13 facilities shall be based upon projected budgets. The
14 annually established payment rate shall take effect on July 1
15 in 1984 and subsequent years. Rate increases shall be
16 provided annually thereafter on July 1 in 1984 and on each
17 subsequent July 1 in the following years, except that no rate
18 increase and no update for inflation shall be provided on or
19 after July 1, 1994 and before July 1, 2000, unless
20 specifically provided for in this Section.
21 For facilities licensed by the Department of Public
22 Health under the Nursing Home Care Act as Intermediate Care
23 for the Developmentally Disabled facilities or Long Term Care
24 for Under Age 22 facilities, the rates taking effect on July
25 1, 1998 shall include an increase of 3%. For facilities
26 licensed by the Department of Public Health under the Nursing
27 Home Care Act as Skilled Nursing facilities or Intermediate
28 Care facilities, the rates taking effect on July 1, 1998
29 shall include an increase of 3% plus $1.10 per resident-day,
30 as defined by the Department.
31 For facilities licensed by the Department of Public
32 Health under the Nursing Home Care Act as Intermediate Care
33 for the Developmentally Disabled facilities or Long Term Care
34 for Under Age 22 facilities, the rates taking effect on July
-34- LRB9111011EGfgam03
1 1, 1999 shall include an increase of 1.6% plus $3.00 per
2 resident-day, as defined by the Department. For facilities
3 licensed by the Department of Public Health under the Nursing
4 Home Care Act as Skilled Nursing facilities or Intermediate
5 Care facilities, the rates taking effect on July 1, 1999
6 shall include an increase of 1.6% and, for services provided
7 on or after October 1, 1999, shall be increased by $4.00 per
8 resident-day, as defined by the Department.
9 For facilities licensed by the Department of Public
10 Health under the Nursing Home Care Act as Intermediate Care
11 for the Developmentally Disabled facilities or Long Term Care
12 for Under Age 22 facilities, the rates taking effect on July
13 1, 2000 shall include an increase of 2.5% per resident-day,
14 as defined by the Department. For facilities licensed by the
15 Department of Public Health under the Nursing Home Care Act
16 as Skilled Nursing facilities or Intermediate Care
17 facilities, the rates taking effect on July 1, 2000 shall
18 include an increase of 2.5% per resident-day, as defined by
19 the Department.
20 Rates established effective each July 1 shall govern
21 payment for services rendered throughout that fiscal year,
22 except that rates established on July 1, 1996 shall be
23 increased by 6.8% for services provided on or after January
24 1, 1997. Such rates will be based upon the rates calculated
25 for the year beginning July 1, 1990, and for subsequent years
26 thereafter shall be based on the facility cost reports for
27 the facility fiscal year ending at any point in time during
28 the previous calendar year, updated to the midpoint of the
29 rate year. The cost report shall be on file with the
30 Department no later than April 1 of the current rate year.
31 Should the cost report not be on file by April 1, the
32 Department shall base the rate on the latest cost report
33 filed by each skilled care facility and intermediate care
34 facility, updated to the midpoint of the current rate year.
-35- LRB9111011EGfgam03
1 In determining rates for services rendered on and after July
2 1, 1985, fixed time shall not be computed at less than zero.
3 The Department shall not make any alterations of regulations
4 which would reduce any component of the Medicaid rate to a
5 level below what that component would have been utilizing in
6 the rate effective on July 1, 1984.
7 (2) Shall take into account the actual costs incurred by
8 facilities in providing services for recipients of skilled
9 nursing and intermediate care services under the medical
10 assistance program.
11 (3) Shall take into account the medical and
12 psycho-social characteristics and needs of the patients.
13 (4) Shall take into account the actual costs incurred by
14 facilities in meeting licensing and certification standards
15 imposed and prescribed by the State of Illinois, any of its
16 political subdivisions or municipalities and by the U.S.
17 United States Department of Health and Human Services,
18 Education and Welfare pursuant to Title XIX of the Social
19 Security Act.
20 The Department of Public Aid shall develop precise
21 standards for payments to reimburse nursing facilities for
22 any utilization of appropriate rehabilitative personnel for
23 the provision of rehabilitative services which is authorized
24 by federal regulations, including reimbursement for services
25 provided by qualified therapists or qualified assistants, and
26 which is in accordance with accepted professional practices.
27 Reimbursement also may be made for utilization of other
28 supportive personnel under appropriate supervision.
29 (Source: P.A. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98; 91-24,
30 eff. 7-1-99.)
31 (305 ILCS 5/10-26)
32 Sec. 10-26. State Disbursement Unit.
33 (a) Effective October 1, 1999 the Illinois Department
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1 shall establish a State Disbursement Unit in accordance with
2 the requirements of Title IV-D of the Social Security Act.
3 The Illinois Department shall enter into an agreement with a
4 State or local governmental unit or private entity to perform
5 the functions of the State Disbursement Unit as set forth in
6 this Section. The State Disbursement Unit shall collect and
7 disburse support payments made under court and administrative
8 support orders:
9 (1) being enforced in cases in which child and
10 spouse support services are being provided under this
11 Article X; and
12 (2) in all cases in which child and spouse support
13 services are not being provided under this Article X and
14 in which support payments are made under the provisions
15 of the Income Withholding for Support Act.
16 (a-5) If the State Disbursement Unit receives a support
17 payment that was not appropriately made to the Unit under
18 this Section, the Unit shall immediately return the payment
19 to the sender, including, if possible, instructions detailing
20 where to send the support payments.
21 (b) All payments received by the State Disbursement
22 Unit:
23 (1) shall be deposited into an account obtained by
24 the State or local governmental unit or private entity,
25 as the case may be, and
26 (2) distributed and disbursed by the State
27 Disbursement Unit, in accordance with the directions of
28 the Illinois Department, pursuant to Title IV-D of the
29 Social Security Act and rules promulgated by the
30 Department.
31 (c) All support payments assigned to the Illinois
32 Department under Article X of this Code and rules promulgated
33 by the Illinois Department that are disbursed to the Illinois
34 Department by the State Disbursement Unit shall be paid into
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1 the Child Support Enforcement Trust Fund.
2 (d) If the agreement with the State or local
3 governmental unit or private entity provided for in this
4 Section is not in effect for any reason, the Department shall
5 perform the functions of the State Disbursement Unit as set
6 forth in this Section for a maximum of 12 months. Payments
7 received by the Department in performance of the duties of
8 the State Disbursement Unit shall be deposited into the State
9 Disbursement Unit Revolving Fund established under Section
10 12-8.1.
11 (e) By February 1, 2000, the Illinois Department shall
12 conduct at least 4 regional training and educational seminars
13 to educate the clerks of the circuit court on the general
14 operation of the State Disbursement Unit, the role of the
15 State Disbursement Unit, and the role of the clerks of the
16 circuit court in the collection and distribution of child
17 support payments.
18 (f) By March 1, 2000, the Illinois Department shall
19 conduct at least 4 regional educational and training seminars
20 to educate payors, as defined in the Income Withholding for
21 Support Act, on the general operation of the State
22 Disbursement Unit, the role of the State Disbursement Unit,
23 and the distribution of income withholding payments pursuant
24 to this Section and the Income Withholding for Support Act.
25 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)
26 (305 ILCS 5/12-4.34)
27 (Section scheduled to be repealed on August 31, 2000)
28 Sec. 12-4.34. Services to noncitizens.
29 (a) Subject to specific appropriation for this purpose
30 and notwithstanding Sections 1-11 and 3-1 of this Code, the
31 Department of Human Services is authorized to provide
32 services to legal immigrants, including but not limited to
33 naturalization and nutrition services and financial
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1 assistance. The nature of these services, payment levels,
2 and eligibility conditions shall be determined by rule.
3 (b) The Illinois Department is authorized to lower the
4 payment levels established under this subsection or take such
5 other actions during the fiscal year as are necessary to
6 ensure that payments under this subsection do not exceed the
7 amounts appropriated for this purpose. These changes may be
8 accomplished by emergency rule under Section 5-45 of the
9 Illinois Administrative Procedure Act, except that the
10 limitation on the number of emergency rules that may be
11 adopted in a 24-month period shall not apply.
12 (c) This Section is repealed on August 31, 2001 2000.
13 (Source: P.A. 90-564, eff. 12-22-97; 90-588, eff. 7-1-98;
14 91-24, eff. 7-1-99.)
15 (305 ILCS 5/12-8.1 new)
16 Sec. 12-8.1. State Disbursement Unit Revolving Fund.
17 (a) There is created a revolving fund to be known as the
18 State Disbursement Unit Revolving Fund, to be held by the
19 State Treasurer as ex officio custodian, for the following
20 purposes:
21 (1) the deposit of all support payments received by
22 the Illinois Department's State Disbursement Unit; and
23 (2) the disbursement of such payments in accordance
24 with the provisions of Title IV-D of the Social Security
25 Act and rules promulgated by the Department.
26 (b) The provisions of this Section shall apply only if
27 the Department performs the functions of the State
28 Disbursement Unit under paragraph (d) of Section 10-26.
29 (c) Moneys in the State Disbursement Unit Revolving Fund
30 shall be expended upon the direction of the Director.
31 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
32 Sec. 12-10.2. The Child Support Enforcement Trust Fund.
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1 (a) The Child Support Enforcement Trust Fund, to be held
2 by the State Treasurer as ex-officio custodian outside the
3 State Treasury, pursuant to the Child Support Enforcement
4 Program established by Title IV-D of the Social Security Act,
5 shall consist of:
6 (1) all support payments assigned to the Illinois
7 Department under Article X of this Code and rules
8 promulgated by the Illinois Department that are disbursed
9 to the Illinois Department by the State Disbursement Unit
10 established under Section 10-26, and
11 (2) all support payments received by the Illinois
12 Department as a result of the Child Support Enforcement
13 Program established by Title IV-D of the Social Security
14 Act that are not required or directed to be paid to the
15 State Disbursement Unit established under Section 10-26,
16 (3) all federal grants received by the Illinois
17 Department funded by Title IV-D of the Social Security
18 Act, except those federal funds received under the Title
19 IV-D program as reimbursement for expenditures from the
20 General Revenue Fund, and
21 (4) (3) incentive payments received by the Illinois
22 Department from other states or political subdivisions of
23 other states for the enforcement and collection by the
24 Department of an assigned child support obligation in
25 behalf of such other states or their political
26 subdivisions pursuant to the provisions of Title IV-D of
27 the Social Security Act, and
28 (5) (4) incentive payments retained by the Illinois
29 Department from the amounts which otherwise would be paid
30 to the federal government to reimburse the federal
31 government's share of the support collection for the
32 Department's enforcement and collection of an assigned
33 support obligation on behalf of the State of Illinois
34 pursuant to the provisions of Title IV-D of the Social
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1 Security Act, and
2 (6) (5) all fees charged by the Department for
3 child support enforcement services, as authorized under
4 Title IV-D of the Social Security Act and Section 10-1 of
5 this Code, and any other fees, costs, fines, recoveries,
6 or penalties provided for by State or federal law and
7 received by the Department under the Child Support
8 Enforcement Program established by Title IV-D of the
9 Social Security Act, and
10 (7) (6) all amounts appropriated by the General
11 Assembly for deposit into the Fund, and
12 (8) (7) any gifts, grants, donations, or awards
13 from individuals, private businesses, nonprofit
14 associations, and governmental entities.
15 (b) Disbursements from this Fund shall be only for the
16 following purposes:
17 (1) for the reimbursement of funds received by the
18 Illinois Department through error or mistake, and
19 (2) for payments to non-recipients, current
20 recipients, and former recipients of financial aid of
21 support payments received on their behalf under Article X
22 of this Code that are not required to be disbursed by the
23 State Disbursement Unit established under Section 10.26,
24 (3) for any other payments required by law to be
25 paid by the Illinois Department to non-recipients,
26 current recipients, and former recipients (blank), and
27 (4) (3) for payment of any administrative expenses,
28 including payment to the Health Insurance Reserve Fund
29 for group insurance costs at the rate certified by the
30 Department of Central Management Services, except those
31 required to be paid from the General Revenue Fund,
32 including personal and contractual services, incurred in
33 performing the Title IV-D activities authorized by
34 Article X of this Code, and
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1 (5) (4) for the reimbursement of the Public
2 Assistance Emergency Revolving Fund for expenditures made
3 from that Fund for payments to former recipients of
4 public aid for child support made to the Illinois
5 Department when the former public aid recipient is
6 legally entitled to all or part of the child support
7 payments, pursuant to the provisions of Title IV-D of the
8 Social Security Act, and
9 (6) (5) for the payment of incentive amounts owed
10 to other states or political subdivisions of other states
11 that enforce and collect an assigned support obligation
12 on behalf of the State of Illinois pursuant to the
13 provisions of Title IV-D of the Social Security Act, and
14 (7) (6) for the payment of incentive amounts owed
15 to political subdivisions of the State of Illinois that
16 enforce and collect an assigned support obligation on
17 behalf of the State pursuant to the provisions of Title
18 IV-D of the Social Security Act, and
19 (8) (7) for payments of any amounts which are
20 reimbursable to the Federal government which are required
21 to be paid by State warrant by either the State or
22 Federal government.
23 Disbursements from this Fund shall be by warrants drawn
24 by the State Comptroller on receipt of vouchers duly executed
25 and certified by the Illinois Department or any other State
26 agency that receives an appropriation from the Fund.
27 (Source: P.A. 90-18, eff. 7-1-97; 90-587, eff. 6-4-98;
28 91-212, eff. 7-20-99; 91-400, eff. 7-30-99; revised 10-7-99.)
29 (305 ILCS 5/12-10.4)
30 Sec. 12-10.4. Juvenile Rehabilitation Services Medicaid
31 Matching Fund. There is created in the State Treasury the
32 Juvenile Rehabilitation Services Medicaid Matching Fund.
33 Deposits to this Fund shall consist of all moneys received
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1 from the federal government for behavioral health services
2 secured by counties under the Medicaid Rehabilitation Option
3 pursuant to Title XIX of the Social Security Act or under the
4 Children's Health Insurance Program pursuant to the
5 Children's Health Insurance Program Act and Title XXI of the
6 Social Security Act for minors who are committed to mental
7 health facilities by the Illinois court system and for
8 residential placements secured by the Department of
9 Corrections for minors as a condition of their parole.
10 Disbursements from the Fund shall be made, subject to
11 appropriation, by the Illinois Department of Public Aid for
12 grants to the Department of Corrections and those counties
13 which secure behavioral health services ordered by the courts
14 and which have an interagency agreement with the Department
15 and submit detailed bills according to standards determined
16 by the Department.
17 (Source: P.A. 90-587, eff. 7-1-98; 91-266, eff. 7-23-99.)
18 Section 60. The Unemployment Insurance Act is amended by
19 changing Section 1300 as follows:
20 (820 ILCS 405/1300) (from Ch. 48, par. 540)
21 Sec. 1300. Waiver or transfer of benefit rights -
22 Partial exemption.
23 (A) Except as otherwise provided herein any agreement by
24 an individual to waive, release or commute his rights under
25 this Act shall be void.
26 (B) Benefits due under this Act shall not be assigned,
27 pledged, encumbered, released or commuted and shall be exempt
28 from all claims of creditors and from levy, execution and
29 attachment or other remedy for recovery or collection of a
30 debt. However, nothing in this Section shall prohibit a
31 specified or agreed upon deduction from benefits by an
32 individual, or a court or administrative order for
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1 withholding of income, for payment of past due child support
2 from being enforced and collected by the Department of Public
3 Aid on behalf of persons receiving a grant of financial aid
4 under Article IV of the Illinois Public Aid Code, persons for
5 whom an application has been made and approved for support
6 services under Section 10-1 of such Code, or persons
7 similarly situated and receiving like support services in
8 other states. It is provided that:
9 (1) The aforementioned deduction of benefits and
10 order for withholding of income apply only if appropriate
11 arrangements have been made for reimbursement to the
12 Director by the Department of Public Aid for any
13 administrative costs incurred by the Director under this
14 Section.
15 (2) The Director shall deduct and withhold from
16 benefits payable under this Act, or under any arrangement
17 for the payment of benefits entered into by the Director
18 pursuant to the powers granted under Section 2700 of this
19 Act, the amount specified or agreed upon. In the case of
20 a court or administrative order for withholding of
21 income, the Director shall withhold the amount of the
22 order.
23 (3) Any amount deducted and withheld by the
24 Director shall be paid to the Department of Public Aid or
25 the State Disbursement Unit established under Section
26 10-26 of the Illinois Public Aid Code, as directed by the
27 Department of Public Aid, on behalf of the individual.
28 (4) Any amount deducted and withheld under
29 subsection (3) shall for all purposes be treated as if it
30 were paid to the individual as benefits and paid by such
31 individual to the Department of Public Aid or the State
32 Disbursement Unit in satisfaction of the individual's
33 child support obligations.
34 (5) For the purpose of this Section, child support
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1 is defined as those obligations which are being enforced
2 pursuant to a plan described in Title IV, Part D, Section
3 454 of the Social Security Act and approved by the
4 Secretary of Health and Human Services.
5 (6) The deduction of benefits and order for
6 withholding of income for child support shall be governed
7 by Titles III and IV of the Social Security Act and all
8 regulations duly promulgated thereunder.
9 (C) Nothing in this Section prohibits an individual from
10 voluntarily electing to have federal income tax deducted and
11 withheld from his or her unemployment insurance benefit
12 payments.
13 (1) The Director shall, at the time that an
14 individual files his or her claim for benefits that
15 establishes his or her benefit year, inform the
16 individual that:
17 (a) unemployment insurance is subject to
18 federal, State, and local income taxes;
19 (b) requirements exist pertaining to estimated
20 tax payments;
21 (c) the individual may elect to have federal
22 income tax deducted and withheld from his or her
23 payments of unemployment insurance in the amount
24 specified in the federal Internal Revenue Code; and
25 (d) the individual is permitted to change a
26 previously elected withholding status.
27 (2) Amounts deducted and withheld from unemployment
28 insurance shall remain in the unemployment fund until
29 transferred to the federal taxing authority as a payment
30 of income tax.
31 (3) The Director shall follow all procedures
32 specified by the United States Department of Labor and
33 the federal Internal Revenue Service pertaining to the
34 deducting and withholding of income tax.
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1 (4) Amounts shall be deducted and withheld in
2 accordance with the priorities established in rules
3 promulgated by the Director.
4 (D) Nothing in this Section prohibits an individual from
5 voluntarily electing to have State of Illinois income tax
6 deducted and withheld from his or her unemployment insurance
7 benefit payments if such deduction and withholding is
8 provided for pursuant to rules promulgated by the Director.
9 (1) If pursuant to rules promulgated by the
10 Director, an individual may voluntarily elect to have
11 State of Illinois income tax deducted and withheld from
12 his or her unemployment insurance benefit payments, the
13 Director shall, at the time that an individual files his
14 or her claim for benefits that establishes his or her
15 benefit year, in addition to providing the notice
16 required under subsection C, inform the individual that:
17 (a) the individual may elect to have State of
18 Illinois income tax deducted and withheld from his
19 or her payments of unemployment insurance in the
20 amount specified pursuant to rules promulgated by
21 the Director; and
22 (b) the individual is permitted to change a
23 previously elected withholding status.
24 (2) Amounts deducted and withheld from unemployment
25 insurance shall remain in the unemployment fund until
26 transferred to the Department of Revenue as a payment of
27 State of Illinois income tax.
28 (3) Amounts shall be deducted and withheld in
29 accordance with the priorities established in rules
30 promulgated by the Director.
31 (E) Nothing in this Section prohibits the deduction and
32 withholding of an uncollected overissuance of food stamp
33 coupons from unemployment insurance benefits pursuant to this
34 subsection (E).
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1 (1) At the time that an individual files a claim
2 for benefits that establishes his or her benefit year,
3 that individual must disclose whether or not he or she
4 owes an uncollected overissuance (as defined in Section
5 13(c)(1) of the federal Food Stamp Act of 1977) of food
6 stamp coupons. The Director shall notify the State food
7 stamp agency enforcing such obligation of any individual
8 who discloses that he or she owes an uncollected
9 overissuance of food stamp coupons and who meets the
10 monetary eligibility requirements of subsection E of
11 Section 500.
12 (2) The Director shall deduct and withhold from any
13 unemployment insurance benefits payable to an individual
14 who owes an uncollected overissuance of food stamp
15 coupons:
16 (a) the amount specified by the individual to
17 the Director to be deducted and withheld under this
18 subsection (E);
19 (b) the amount (if any) determined pursuant to
20 an agreement submitted to the State food stamp
21 agency under Section 13(c)(3)(A) of the federal Food
22 Stamp Act of 1977; or
23 (c) any amount otherwise required to be
24 deducted and withheld from unemployment insurance
25 benefits pursuant to Section 13(c)(3)(B) of the
26 federal Food Stamp Act of 1977.
27 (3) Any amount deducted and withheld pursuant to
28 this subsection (E) shall be paid by the Director to the
29 State food stamp agency.
30 (4) Any amount deducted and withheld pursuant to
31 this subsection (E) shall for all purposes be treated as
32 if it were paid to the individual as unemployment
33 insurance benefits and paid by the individual to the
34 State food stamp agency as repayment of the individual's
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1 uncollected overissuance of food stamp coupons.
2 (5) For purposes of this subsection (E),
3 "unemployment insurance benefits" means any compensation
4 payable under this Act including amounts payable by the
5 Director pursuant to an agreement under any federal law
6 providing for compensation, assistance, or allowances
7 with respect to unemployment.
8 (6) This subsection (E) applies only if
9 arrangements have been made for reimbursement by the
10 State food stamp agency for the administrative costs
11 incurred by the Director under this subsection (E) which
12 are attributable to the repayment of uncollected
13 overissuances of food stamp coupons to the State food
14 stamp agency.
15 (Source: P.A. 90-425, eff. 8-15-97; 90-554, eff. 12-12-97;
16 91-212, eff. 7-20-99.)
17 Section 99. Effective date. This Act takes effect July
18 1, 2000.".