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1 | AN ACT concerning public aid.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Aid Code is amended by | ||||||
5 | adding Sections 5-5.4d and 5-5.4e as follows: | ||||||
6 | (305 ILCS 5/5-5.4d new) | ||||||
7 | Sec. 5-5.4d. ICF/DD; pass-through of SSI or Social Security | ||||||
8 | increase. For facilities licensed by the Department of Public | ||||||
9 | Health under the Nursing
Home Care Act as Intermediate Care for | ||||||
10 | the Developmentally Disabled facilities, in any calendar year | ||||||
11 | in which there is a cost-of-living
increase in federal | ||||||
12 | Supplemental Security Income benefits or
Social Security | ||||||
13 | Administration payments, the Department of
Healthcare and | ||||||
14 | Family Services shall increase the per diem
rate paid to those | ||||||
15 | facilities under this Article by an amount equal to the total | ||||||
16 | amount of the increase in
Supplemental Security Income benefits | ||||||
17 | or Social Security
Administration payments. | ||||||
18 | Notwithstanding any other rulemaking authority that may | ||||||
19 | exist, neither the Governor nor any agency or agency head under | ||||||
20 | the jurisdiction of the Governor has any authority to make or | ||||||
21 | promulgate rules to implement or enforce the provisions of this | ||||||
22 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
23 | Governor believes that rules are necessary to implement or |
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1 | enforce the provisions of this amendatory Act of the 95th | ||||||
2 | General Assembly, the Governor may suggest rules to the General | ||||||
3 | Assembly by filing them with the Clerk of the House and | ||||||
4 | Secretary of the Senate and by requesting that the General | ||||||
5 | Assembly authorize such rulemaking by law, enact those | ||||||
6 | suggested rules into law, or take any other appropriate action | ||||||
7 | in the General Assembly's discretion. Nothing contained in this | ||||||
8 | amendatory Act of the 95th General Assembly shall be | ||||||
9 | interpreted to grant rulemaking authority under any other | ||||||
10 | Illinois statute where such authority is not otherwise | ||||||
11 | explicitly given. For the purposes of this amendatory Act of | ||||||
12 | the 95th General Assembly, "rules" is given the meaning | ||||||
13 | contained in Section 1-70 of the Illinois Administrative | ||||||
14 | Procedure Act, and "agency" and "agency head" are given the | ||||||
15 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
16 | Administrative Procedure Act to the extent that such | ||||||
17 | definitions apply to agencies or agency heads under the | ||||||
18 | jurisdiction of the Governor. | ||||||
19 | (305 ILCS 5/5-5.4e new) | ||||||
20 | Sec. 5-5.4e. CILA; pass-through of SSI or Social Security | ||||||
21 | increase. For facilities licensed by the Department of Human | ||||||
22 | Services under the Community-Integrated Living Arrangements | ||||||
23 | Licensure and Certification Act, in any calendar year in which | ||||||
24 | there is a cost-of-living
increase in federal Supplemental | ||||||
25 | Security Income benefits or
Social Security Administration |
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1 | payments, the Department of
Healthcare and Family Services | ||||||
2 | shall increase the per diem
rate paid to those facilities under | ||||||
3 | this Article by an amount equal to the total amount of the | ||||||
4 | increase in
Supplemental Security Income benefits or Social | ||||||
5 | Security
Administration payments. | ||||||
6 | Notwithstanding any other rulemaking authority that may | ||||||
7 | exist, neither the Governor nor any agency or agency head under | ||||||
8 | the jurisdiction of the Governor has any authority to make or | ||||||
9 | promulgate rules to implement or enforce the provisions of this | ||||||
10 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
11 | Governor believes that rules are necessary to implement or | ||||||
12 | enforce the provisions of this amendatory Act of the 95th | ||||||
13 | General Assembly, the Governor may suggest rules to the General | ||||||
14 | Assembly by filing them with the Clerk of the House and | ||||||
15 | Secretary of the Senate and by requesting that the General | ||||||
16 | Assembly authorize such rulemaking by law, enact those | ||||||
17 | suggested rules into law, or take any other appropriate action | ||||||
18 | in the General Assembly's discretion. Nothing contained in this | ||||||
19 | amendatory Act of the 95th General Assembly shall be | ||||||
20 | interpreted to grant rulemaking authority under any other | ||||||
21 | Illinois statute where such authority is not otherwise | ||||||
22 | explicitly given. For the purposes of this amendatory Act of | ||||||
23 | the 95th General Assembly, "rules" is given the meaning | ||||||
24 | contained in Section 1-70 of the Illinois Administrative | ||||||
25 | Procedure Act, and "agency" and "agency head" are given the | ||||||
26 | meanings contained in Sections 1-20 and 1-25 of the Illinois |
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1 | Administrative Procedure Act to the extent that such | ||||||
2 | definitions apply to agencies or agency heads under the | ||||||
3 | jurisdiction of the Governor.
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
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