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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 | changing Sections 5-8 and 12-13 as follows: | ||||||
6 | (305 ILCS 5/5-8) (from Ch. 23, par. 5-8)
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7 | Sec. 5-8. Practitioners. In supplying medical assistance, | ||||||
8 | the Illinois
Department may provide for the legally authorized | ||||||
9 | services of (i) persons
licensed under the Medical Practice Act | ||||||
10 | of 1987, as amended, except as
hereafter in this Section | ||||||
11 | stated, whether under a
general or limited license, (ii) | ||||||
12 | persons licensed or registered
under
other laws of this State | ||||||
13 | to provide dental, medical, pharmaceutical,
optometric, | ||||||
14 | podiatric, or nursing services, or other remedial care
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15 | recognized under State law, and (iii) persons licensed under | ||||||
16 | other laws of
this State as a clinical social worker , clinical | ||||||
17 | psychologist, or clinical professional counselor .
The | ||||||
18 | Department may not provide for legally
authorized services of | ||||||
19 | any physician who has been convicted of having performed
an | ||||||
20 | abortion procedure in a wilful and wanton manner on a woman who | ||||||
21 | was not
pregnant at the time such abortion procedure was | ||||||
22 | performed. The
utilization of the services of persons engaged | ||||||
23 | in the treatment or care of
the sick, which persons are not |
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1 | required to be licensed or registered under
the laws of this | ||||||
2 | State, is not prohibited by this Section.
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3 | Notwithstanding any other rulemaking authority that may | ||||||
4 | exist, neither the Governor nor any agency or agency head under | ||||||
5 | the jurisdiction of the Governor has any authority to make or | ||||||
6 | promulgate rules to implement or enforce the provisions of this | ||||||
7 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
8 | Governor believes that rules are necessary to implement or | ||||||
9 | enforce the provisions of this amendatory Act of the 95th | ||||||
10 | General Assembly, the Governor may suggest rules to the General | ||||||
11 | Assembly by filing them with the Clerk of the House and | ||||||
12 | Secretary of the Senate and by requesting that the General | ||||||
13 | Assembly authorize such rulemaking by law, enact those | ||||||
14 | suggested rules into law, or take any other appropriate action | ||||||
15 | in the General Assembly's discretion. Nothing contained in this | ||||||
16 | amendatory Act of the 95th General Assembly shall be | ||||||
17 | interpreted to grant rulemaking authority under any other | ||||||
18 | Illinois statute where such authority is not otherwise | ||||||
19 | explicitly given. For the purposes of this amendatory Act of | ||||||
20 | the 95th General Assembly, "rules" is given the meaning | ||||||
21 | contained in Section 1-70 of the Illinois Administrative | ||||||
22 | Procedure Act, and "agency" and "agency head" are given the | ||||||
23 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
24 | Administrative Procedure Act to the extent that such | ||||||
25 | definitions apply to agencies or agency heads under the | ||||||
26 | jurisdiction of the Governor. |
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1 | (Source: P.A. 95-518, eff. 8-28-07.)
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2 | (305 ILCS 5/12-13) (from Ch. 23, par. 12-13)
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3 | Sec. 12-13. Rules and regulations. The Department shall | ||||||
4 | make all rules and
regulations and take such action as may be | ||||||
5 | necessary or desirable for carrying
out the provisions of this | ||||||
6 | Code, to the end that its spirit and purpose may be
achieved | ||||||
7 | and the public aid programs administered efficiently | ||||||
8 | throughout the
State. However, the rules and regulations shall | ||||||
9 | not provide that payment for
services rendered to a specific | ||||||
10 | recipient by (i) a person licensed under
the
Medical Practice | ||||||
11 | Act of 1987, whether under a general or limited license,
(ii) a
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12 | person licensed or registered under other laws of this State to | ||||||
13 | provide dental,
optometric, or pediatric care,
or (iii) a | ||||||
14 | licensed clinical social worker , clinical psychologist, or | ||||||
15 | clinical professional counselor
may be authorized only when | ||||||
16 | services are
recommended for that recipient by a person | ||||||
17 | licensed to practice medicine in all
its branches.
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18 | Whenever a rule of the Department requires that an | ||||||
19 | applicant or
recipient verify information submitted to the | ||||||
20 | Department, the rule, in
order to make the public fully aware | ||||||
21 | of what information is required for
verification, shall specify | ||||||
22 | the acceptable means of verification or shall
list examples of | ||||||
23 | acceptable means of verification.
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24 | The provisions of the Illinois Administrative Procedure | ||||||
25 | Act are hereby
expressly adopted and incorporated herein, and |
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1 | shall apply to all
administrative rules and procedures of the | ||||||
2 | Illinois Department under this Act,
except that Section 5-35 of | ||||||
3 | the Illinois Administrative Procedure Act relating
to | ||||||
4 | procedures for rule-making does not apply to the adoption of | ||||||
5 | any rule
required by federal law in connection with which the | ||||||
6 | Illinois Department is
precluded by law from exercising any | ||||||
7 | discretion, and the requirements of the
Administrative | ||||||
8 | Procedure Act with respect to contested cases are not | ||||||
9 | applicable
to (1) hearings involving eligibility of applicants | ||||||
10 | or recipients of public
aid or (2) support hearings involving | ||||||
11 | responsible relatives.
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12 | Notwithstanding any other rulemaking authority that may | ||||||
13 | exist, neither the Governor nor any agency or agency head under | ||||||
14 | the jurisdiction of the Governor has any authority to make or | ||||||
15 | promulgate rules to implement or enforce the provisions of this | ||||||
16 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
17 | Governor believes that rules are necessary to implement or | ||||||
18 | enforce the provisions of this amendatory Act of the 95th | ||||||
19 | General Assembly, the Governor may suggest rules to the General | ||||||
20 | Assembly by filing them with the Clerk of the House and | ||||||
21 | Secretary of the Senate and by requesting that the General | ||||||
22 | Assembly authorize such rulemaking by law, enact those | ||||||
23 | suggested rules into law, or take any other appropriate action | ||||||
24 | in the General Assembly's discretion. Nothing contained in this | ||||||
25 | amendatory Act of the 95th General Assembly shall be | ||||||
26 | interpreted to grant rulemaking authority under any other |
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1 | Illinois statute where such authority is not otherwise | ||||||
2 | explicitly given. For the purposes of this amendatory Act of | ||||||
3 | the 95th General Assembly, "rules" is given the meaning | ||||||
4 | contained in Section 1-70 of the Illinois Administrative | ||||||
5 | Procedure Act, and "agency" and "agency head" are given the | ||||||
6 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
7 | Administrative Procedure Act to the extent that such | ||||||
8 | definitions apply to agencies or agency heads under the | ||||||
9 | jurisdiction of the Governor. | ||||||
10 | (Source: P.A. 95-518, eff. 8-28-07.)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
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