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92nd General Assembly

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Public Act 92-0010

HB3491 Enrolled                                LRB9208405LDpr

    AN ACT relating to budget implementation.

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

    Section  1.  Short  title.   This Act may be cited as the
FY2002 Budget Implementation (Human Services) Act.

    Section 5.  Purpose.  It is the purpose  and  subject  of
this  Act  to  make the changes in State programs relating to
human services that are necessary to  implement  the  State's
FY2002 budget.

    Section 10.  The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:

    (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
    Sec. 5-45.  Emergency rulemaking.
    (a)  "Emergency"  means  the  existence  of any situation
that any agency finds reasonably constitutes a threat to  the
public interest, safety, or welfare.
    (b)  If  any  agency  finds that an emergency exists that
requires adoption of a rule upon fewer days than is  required
by  Section  5-40  and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice  or  hearing  upon  filing  a  notice   of   emergency
rulemaking  with  the  Secretary of State under Section 5-70.
The notice shall include the text of the emergency  rule  and
shall  be published in the Illinois Register.  Consent orders
or other court orders adopting settlements negotiated  by  an
agency  may  be  adopted  under  this  Section.   Subject  to
applicable   constitutional   or   statutory  provisions,  an
emergency rule  becomes  effective  immediately  upon  filing
under  Section  5-65  or  at a stated date less than 10  days
thereafter.  The agency's finding  and  a  statement  of  the
specific  reasons  for  the  finding  shall be filed with the
rule.  The  agency  shall  take  reasonable  and  appropriate
measures to make emergency rules known to the persons who may
be affected by them.
    (c)  An  emergency  rule may be effective for a period of
not longer than 150 days, but the agency's authority to adopt
an identical rule under Section 5-40 is  not  precluded.   No
emergency  rule may be adopted more than once in any 24 month
period,  except  that  this  limitation  on  the  number   of
emergency rules that may be adopted in a 24 month period does
not  apply  to (i) emergency rules that make additions to and
deletions from the Drug Manual under Section  5-5.16  of  the
Illinois  Public Aid Code or the generic drug formulary under
Section 3.14 of the Illinois Food, Drug and Cosmetic  Act  or
(ii)  emergency  rules adopted by the Pollution Control Board
before July 1, 1997 to implement portions  of  the  Livestock
Management  Facilities  Act.   Two  or  more  emergency rules
having substantially the same purpose  and  effect  shall  be
deemed to be a single rule for purposes of this Section.
    (d)  In  order  to provide for the expeditious and timely
implementation  of  the  State's  fiscal  year  1999  budget,
emergency rules to implement  any  provision  of  Public  Act
90-587  or  90-588  or any other budget initiative for fiscal
year 1999 may be adopted in accordance with this  Section  by
the  agency  charged  with  administering  that  provision or
initiative,  except  that  the  24-month  limitation  on  the
adoption of emergency rules and the  provisions  of  Sections
5-115  and  5-125  do  not  apply to rules adopted under this
subsection (d).  The adoption of emergency  rules  authorized
by  this  subsection  (d) shall be deemed to be necessary for
the public interest, safety, and welfare.
    (e)  In order to provide for the expeditious  and  timely
implementation  of  the  State's  fiscal  year  2000  budget,
emergency rules to implement any provision of this amendatory
Act  of  the  91st  General  Assembly  or  any  other  budget
initiative  for fiscal year 2000 may be adopted in accordance
with this Section by the agency  charged  with  administering
that  provision  or  initiative,  except  that  the  24-month
limitation  on  the  adoption  of  emergency  rules  and  the
provisions  of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (e).  The adoption of emergency
rules authorized by this subsection (e) shall be deemed to be
necessary for the public interest, safety, and welfare.
    (f)  In order to provide for the expeditious  and  timely
implementation  of  the  State's  fiscal  year  2001  budget,
emergency rules to implement any provision of this amendatory
Act  of  the  91st  General  Assembly  or  any  other  budget
initiative  for fiscal year 2001 may be adopted in accordance
with this Section by the agency  charged  with  administering
that  provision  or  initiative,  except  that  the  24-month
limitation  on  the  adoption  of  emergency  rules  and  the
provisions  of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (f).  The adoption of emergency
rules authorized by this subsection (f) shall be deemed to be
necessary for the public interest, safety, and welfare.
    (g)  In order to provide for the expeditious  and  timely
implementation  of  the  State's  fiscal  year  2002  budget,
emergency rules to implement any provision of this amendatory
Act  of  the  92nd  General  Assembly  or  any  other  budget
initiative  for fiscal year 2002 may be adopted in accordance
with this Section by the agency  charged  with  administering
that  provision  or  initiative,  except  that  the  24-month
limitation  on  the  adoption  of  emergency  rules  and  the
provisions  of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (g).  The adoption of emergency
rules authorized by this subsection (g) shall be deemed to be
necessary for the public interest, safety, and welfare.
(Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98; 90-588,
eff.  7-1-98;  91-24,  eff.  7-1-99;  91-357,  eff.  7-29-99;
91-712, eff. 7-1-00.)

    Section 20.  The State Finance Act is amended by changing
Section 6z-24 and adding Sections 5.549, 5.550, 5.551, 6z-52,
and 6z-53 as follows:

    (30 ILCS 105/5.549 new)
    Sec. 5.549. The Independent Academic Medical Center Fund.

    (30 ILCS 105/5.550 new)
    Sec. 5.550. The Drug Rebate Fund.

    (30 ILCS 105/5.551 new)
    Sec. 5.551. The Downstate Emergency Response Fund.

    (30 ILCS 105/6z-24) (from Ch. 127, par. 142z-24)
    Sec. 6z-24.  There is created in the State  Treasury  the
Special   Education   Medicaid  Matching  Fund.   All  monies
received from the federal government due to  expenditures  by
local  education  agencies for educationally-related services
authorized under Section 1903 of the Social Security Act,  as
amended,  and  for  the  administrative costs related thereto
shall be deposited in the Special Education Medicaid Matching
Fund.  All monies received from the federal government due to
expenditures    by    local    education     agencies     for
educationally-related  services authorized under Section 2105
of the Social Security Act, as amended, shall be deposited in
the Special Education Medicaid Matching Fund.
    The monies in the  Special  Education  Medicaid  Matching
Fund  shall  be  held subject to appropriation by the General
Assembly to the State Board  of  Education  or  the  Illinois
Department   of   Public   Aid  for  distribution  to  school
districts, pursuant to an interagency agreement  between  the
Illinois  Department  of  Public  Aid  and the State Board of
Education  or  intergovernmental   agreements   between   the
Illinois  Department  of  Public  Aid  and  individual  local
education  agencies,  for eligible special education children
claims under Titles XIX and XXI of the Social Security Act.
(Source: P.A. 91-24, eff. 7-1-99; 91-266, eff. 7-23-99.)

    (30 ILCS 105/6z-52 new)
    Sec. 6z-52. Drug Rebate Fund.
    (a)  There is created in the  State  Treasury  a  special
fund to be known as the Drug Rebate Fund.
    (b)  The Fund is created for the purpose of receiving and
disbursing   moneys   in   accordance   with   this  Section.
Disbursements  from  the  Fund  shall  be  made,  subject  to
appropriation, only as follows:
         (1)  For payments to  pharmacies  for  reimbursement
    for  prescription  drugs  provided  to a recipient of aid
    under Article V of the Illinois Public Aid  Code  or  the
    Children's Health Insurance Program Act.
         (2)  For  reimbursement  of  moneys collected by the
    Illinois  Department  of  Public  Aid  through  error  or
    mistake.
         (3)  For  payments   of   any   amounts   that   are
    reimbursable  to  the federal government resulting from a
    payment into this Fund.
    (c)  The Fund shall consist of the following:
         (1)  Upon notification from the Director  of  Public
    Aid, the Comptroller shall direct and the Treasurer shall
    transfer  the  net  State share of all moneys received by
    the Illinois Department of Public Aid  from  drug  rebate
    agreements  with pharmaceutical manufacturers pursuant to
    Title XIX of the federal Social Security  Act,  including
    any  portion  of the balance in the Public Aid Recoveries
    Trust Fund on July 1, 2001 that is attributable  to  such
    receipts.
         (2)  All  federal  matching  funds  received  by the
    Illinois Department as a result of expenditures  made  by
    the  Department that are attributable to moneys deposited
    in the Fund.
         (3)  Any   premium   collected   by   the   Illinois
    Department from participants under a waiver  approved  by
    the   federal   government   relating   to  provision  of
    pharmaceutical services.
         (4)  All other moneys received for the Fund from any
    other source, including interest earned thereon.

    (30 ILCS 105/6z-53 new)
    Sec. 6z-53. Downstate Emergency Response Fund.
    (a)  In this Section:
    "Downstate county" means any county with a population  of
less than 250,000 with a level I trauma center.
    "Trauma  center" has the same meaning as in the Emergency
Medical Services (EMS) Systems Act.
    (b)  The Downstate Emergency Response Fund is created  as
a special fund in the State Treasury.
    (c)  The  following  moneys  shall  be deposited into the
Fund:
         (1)  Moneys appropriated by the General Assembly.
         (2)  Fees or other amounts paid to the Department of
    Transportation for the use of an emergency helicopter for
    the transportation of an individual to  a  trauma  center
    located  in  a  downstate county or for any other medical
    emergency  response.   The  Department  may  adopt  rules
    establishing reasonable fees and other amounts to be paid
    for the use of such helicopters  and  may  collect  those
    fees and other amounts.
         (3)  Gifts,  grants,  other  appropriations,  or any
    other moneys designated for deposit into the Fund.
    (d)  Subject to appropriation, moneys in the  Fund  shall
be used for the following purposes:
         (1)  By   the   Department   of   Transportation  to
    purchase,  lease,  maintain,  and  operate   helicopters,
    including  payment of any costs associated with personnel
    or  other  expenses  necessary  for  the  maintenance  or
    operation of such helicopters, (A) for emergency response
    transportation of individuals to trauma  centers  located
    in downstate counties and (B) to support law enforcement,
    disaster  response, and other medical emergency response.
    Moneys appropriated from  the  Fund  for  these  purposes
    shall  be  in addition to any other moneys used for these
    purposes.
         (2)  By the Department of  Public  Aid  for  medical
    assistance  under  Article  V  of the Illinois Public Aid
    Code.

    Section 25.  The Excellence in Academic Medicine  Act  is
amended  by  changing  Sections 15, 20, 60, and 65 and adding
Section 35 as follows:

    (30 ILCS 775/15)
    Sec. 15.  Definitions.  As used in this Act:
    "Academic  medical  center  hospital"  means  a  hospital
located  in  Illinois  which  is  either  (i)  under   common
ownership  with  the  college  of  medicine  of  a college or
university or (ii) a  free-standing  hospital  in  which  the
majority  of  the  clinical  chiefs of service are department
chairmen in an affiliated medical school.
    "Academic medical center  children's  hospital"  means  a
children's  hospital  which  is  separately  incorporated and
non-integrated into the academic medical center hospital  but
which is the pediatric partner for an academic medical center
hospital  and  which  serves as the primary teaching hospital
for pediatrics for its affiliated medical school;  children's
hospitals  which  are  separately incorporated but integrated
into the academic medical center hospital are considered part
of the academic medical center hospital.
    "Chicago Medicare Metropolitan Statistical Area  academic
medical  center  hospital"  means  an academic medical center
hospital  located  in  the  Chicago   Medicare   Metropolitan
Statistical Area.
    "Independent  academic medical center hospital" means the
primary teaching hospital for the University of  Illinois  at
Urbana.
    "Non-Chicago   Medicare   Metropolitan  Statistical  Area
academic medical center hospital" means an  academic  medical
center   hospital   located   outside  the  Chicago  Medicare
Metropolitan Statistical Area.
    "Qualified Chicago Medicare Metropolitan Statistical Area
academic medical center hospital" means any Chicago  Medicare
Metropolitan   Statistical   Area   academic  medical  center
hospital that either  directly  or  in  connection  with  its
affiliated medical school receives in excess of $8,000,000 in
grants  or  contracts  from the National Institutes of Health
during the calendar year preceding the beginning of the State
fiscal year; except that for the purposes of Section 25,  the
term  also includes the entity specified in subsection (e) of
that Section.
    "Qualified Non-Chicago Medicare Metropolitan  Statistical
Area  academic  medical  center  hospital"  means the primary
teaching hospital for the University of  Illinois  School  of
Medicine  at Peoria and the primary teaching hospital for the
University of Illinois School of Medicine at Rockford and the
primary teaching hospitals for Southern  Illinois  University
School of Medicine in Springfield.
    "Qualified  academic medical center hospital" means (i) a
qualified  Chicago  Medicare  Metropolitan  Statistical  Area
academic  medical   center   hospital,   (ii)   a   qualified
Non-Chicago  Medicare  Metropolitan Statistical Area academic
medical center hospital, or (iii) an academic medical  center
children's hospital.
    "Qualified programs" include:
         (i)  Thoracic  Transplantation:  heart  and lung, in
    particular;
         (ii)  Cancer:  particularly  biologic  modifiers  of
    tumor response, and  mechanisms  of  drug  resistance  in
    cancer therapy;
         (iii)  Shock/Burn:    development    of   biological
    alternatives to skin for grafting  in  burn  injury,  and
    research  in  mechanisms  of  shock  and tissue injury in
    severe injury;
         (iv)  Abdominal  transplantation:   kidney,   liver,
    pancreas,  and  development of islet cell and small bowel
    transplantation technologies;
         (v)  Minimally   invasive   surgery:    particularly
    laparoscopic surgery;
         (vi)  High     performance     medical    computing:
    telemedicine and teleradiology;
         (vii)  Transmyocardial  laser  revascularization:  a
    laser creates holes in heart muscles to allow  new  blood
    flow;
         (viii)  Pet  scanning:  viewing  how organs function
    (CT and MRI only allow viewing of  the  structure  of  an
    organ);
         (ix)  Strokes  in  the  African-American  community:
    particularly  risk factors for cerebral vascular accident
    (strokes)  in  the  African-American  community  at  much
    higher risk than the general population;
         (x)  Neurosurgery:    particularly    focusing    on
    interventional neuroradiology;
         (xi)  Comprehensive eye  center:  including  further
    development in pediatric eye trauma;
         (xii)  Cancers:   particularly  melanoma,  head  and
    neck;
         (xiii)  Pediatric cancer;
         (xiv)  Invasive pediatric cardiology;
         (xv)  Pediatric        organ        transplantation:
    transplantation of solid organs, marrow, and  other  stem
    cells; and
         (xvi)  Such other programs as may be identified.
(Source: P.A. 89-506, eff. 7-3-96.)

    (30 ILCS 775/20)
    Sec. 20. Establishment of Funds.
    (a)  The Medical Research and Development Fund is created
in  the State Treasury to which the General Assembly may from
time to time appropriate funds and from which the Comptroller
shall pay amounts as authorized by law.
         (i)  The  following  accounts  are  created  in  the
    Medical  Research  and  Development  Fund:  The  National
    Institutes of Health Account; the  Philanthropic  Medical
    Research   Account;   and  the  Market  Medical  Research
    Account.
         (ii)  Funds appropriated to the Medical Research and
    Development Fund shall be assigned in  equal  amounts  to
    each  account within the Fund, subject to transferability
    of funds under subsection (c) of Section 25.
    (b)  The Post-Tertiary Clinical Services Fund is  created
in  the State Treasury to which the General Assembly may from
time to time appropriate funds and from which the Comptroller
shall pay amounts as authorized by law.
    (c)  The Independent  Academic  Medical  Center  Fund  is
created as a special fund in the State Treasury, to which the
General  Assembly  shall  from time to time appropriate funds
for the purposes of the Independent Academic  Medical  Center
Program.   The  amount appropriated for any fiscal year after
2002 shall not be  less  than  the  amount  appropriated  for
fiscal  year  2002.   The State Comptroller shall pay amounts
from the Fund as authorized by law.
(Source: P.A. 89-506, eff. 7-3-96.)

    (30 ILCS 775/35 new)
    Sec. 35.  Independent Academic  Medical  Center  Program.
There  is  created  an  Independent  Academic  Medical Center
Program to provide incentives  to  develop  and  enhance  the
independent  academic medical center hospital.  In each State
fiscal year, beginning in fiscal year 2002,  the  independent
academic  medical center hospital shall receive funding under
the Program, equal to the full amount appropriated  for  that
purpose  for  that  fiscal  year.   In  each fiscal year, one
quarter of the amount payable  to  the  independent  academic
medical  center  hospital  shall  be  paid  on  the fifteenth
working day after July 1, October 1, January 1, and March 1.

    (30 ILCS 775/60)
    Sec. 60.  Restriction  on  funds.   No  academic  medical
center  hospital  shall  be  eligible  for  payments from the
Medical Research and Development  Fund  unless  the  academic
medical  center  hospital  qualifies  under  Section  15 as a
qualified  Chicago  Medicare  Metropolitan  Statistical  Area
academic medical center hospital which in connection with its
affiliated medical school received at least $8,000,000 in the
preceding calendar year  in  grants  or  contracts  from  the
National  Institutes  of Health; except that this restriction
does not apply to the entity specified in subsection  (e)  of
Section 25.
    If  a hospital is eligible for funds from the Independent
Academic Medical Center Fund, that hospital shall not receive

funds from the Medical Research and Development Fund  or  the
Post-Tertiary Clinical Services Fund.  If a hospital receives
funds  from  the Medical Research and Development Fund or the
Post-Tertiary  Clinical  Services  Fund,  that  hospital   is
ineligible  to  receive  funds  from the Independent Academic
Medical Center Fund.
(Source: P.A. 89-506, eff. 7-3-96.)

    (30 ILCS 775/65)
    Sec. 65.  Reporting requirements.  On or before May 1  of
each  year,  the  chief  executive  officer of each Qualified
Academic Medical Center Hospital shall submit a report to the
Comptroller regarding the effects of the programs  authorized
by  this  Act.  The report shall also report the total amount
of grants from and contracts with the National Institutes  of
Health  in  the  preceding  calendar  year.   It shall assess
whether the programs funded  are  likely  to  be  successful,
require  further  study,  or no longer appear to be promising
avenues of research.  It shall discuss the  probable  use  of
the  developmental  program  in mainstream medicine including
both cost  impact  and  medical  effect.   The  report  shall
address the effects the programs may have on containing Title
XIX  and  Title XXI costs in Illinois.  The Comptroller shall
immediately forward the report to the Director of Public  Aid
and  the  Director  of  Public  Health who shall evaluate the
contents in a letter submitted to the President of the Senate
and the Speaker of the House of Representatives.
(Source: P.A. 89-506, eff. 7-3-96.)

    Section 30.  The Illinois Public Aid Code is  amended  by
changing Sections 5-5.4, 12-4.34, and 12-9 and adding Section
5-5.12a as follows:

    (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
    Sec.  5-5.4.  Standards of Payment - Department of Public
Aid.  The Department of Public Aid shall develop standards of
payment of skilled nursing and intermediate care services  in
facilities providing such services under this Article which:
    (1)  Provides  for  the  determination  of  a  facility's
payment for skilled nursing and intermediate care services on
a  prospective basis.  The amount of the payment rate for all
nursing facilities certified  under  the  medical  assistance
program  shall  be  prospectively established annually on the
basis  of  historical,  financial,   and   statistical   data
reflecting  actual  costs  from  prior  years, which shall be
applied to the current rate year and updated  for  inflation,
except  that  the  capital cost element for newly constructed
facilities  shall  be  based  upon  projected  budgets.   The
annually established payment rate shall take effect on July 1
in 1984  and  subsequent  years.   Rate  increases  shall  be
provided  annually  thereafter  on July 1 in 1984 and on each
subsequent July 1 in the following years, except that no rate
increase and no update for inflation shall be provided on  or
after   July   1,  1994  and  before  July  1,  2001,  unless
specifically provided for in this Section.
    For facilities  licensed  by  the  Department  of  Public
Health  under  the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on  July
1,  1998  shall  include  an  increase of 3%.  For facilities
licensed by the Department of Public Health under the Nursing
Home Care Act as Skilled Nursing facilities  or  Intermediate
Care  facilities,  the  rates  taking  effect on July 1, 1998
shall include an increase of 3% plus $1.10 per  resident-day,
as defined by the Department.
    For  facilities  licensed  by  the  Department  of Public
Health under the Nursing Home Care Act as  Intermediate  Care
for the Developmentally Disabled facilities or Long Term Care
for  Under Age 22 facilities, the rates taking effect on July
1, 1999 shall include an increase  of  1.6%  plus  $3.00  per
resident-day,  as  defined by the Department.  For facilities
licensed by the Department of Public Health under the Nursing
Home Care Act as Skilled Nursing facilities  or  Intermediate
Care  facilities,  the  rates  taking  effect on July 1, 1999
shall include an increase of 1.6% and, for services  provided
on  or after October 1, 1999, shall be increased by $4.00 per
resident-day, as defined by the Department.
    For facilities  licensed  by  the  Department  of  Public
Health  under  the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on  July
1,  2000  shall include an increase of 2.5% per resident-day,
as defined by the Department.  For facilities licensed by the
Department of Public Health under the Nursing Home  Care  Act
as   Skilled   Nursing   facilities   or   Intermediate  Care
facilities, the rates taking effect on  July  1,  2000  shall
include  an  increase of 2.5% per resident-day, as defined by
the Department.
    For facilities  licensed  by  the  Department  of  Public
Health  under  the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on March
1, 2001 shall include  a  statewide  increase  of  7.85%,  as
defined by the Department.
    For  facilities  licensed  by  the  Department  of Public
Health under the Nursing Home Care Act as  Intermediate  Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on April
1,  2002  shall  include  a  statewide  increase  of 2.0%, as
defined by the Department.
    Rates established effective  each  July  1  shall  govern
payment  for  services  rendered throughout that fiscal year,
except that rates  established  on  July  1,  1996  shall  be
increased  by  6.8% for services provided on or after January
1, 1997.  Such rates will be based upon the rates  calculated
for the year beginning July 1, 1990, and for subsequent years
thereafter  shall  be  based on the facility cost reports for
the facility fiscal year ending at any point in  time  during
the  previous  calendar  year, updated to the midpoint of the
rate year.  The  cost  report  shall  be  on  file  with  the
Department  no  later  than April 1 of the current rate year.
Should the cost report  not  be  on  file  by  April  1,  the
Department  shall  base  the  rate  on the latest cost report
filed by each skilled care  facility  and  intermediate  care
facility,  updated  to the midpoint of the current rate year.
In determining rates for services rendered on and after  July
1,  1985, fixed time shall not be computed at less than zero.
The Department shall not make any alterations of  regulations
which  would  reduce  any component of the Medicaid rate to a
level below what that component would have been utilizing  in
the rate effective on July 1, 1984.
    (2)  Shall take into account the actual costs incurred by
facilities  in  providing  services for recipients of skilled
nursing and intermediate  care  services  under  the  medical
assistance program.
    (3)  Shall    take   into   account   the   medical   and
psycho-social characteristics and needs of the patients.
    (4)  Shall take into account the actual costs incurred by
facilities in meeting licensing and  certification  standards
imposed  and  prescribed by the State of Illinois, any of its
political subdivisions or  municipalities  and  by  the  U.S.
Department of Health and Human Services pursuant to Title XIX
of the Social Security Act.
    The  Department  of  Public  Aid  shall  develop  precise
standards  for  payments  to reimburse nursing facilities for
any utilization of appropriate rehabilitative  personnel  for
the  provision of rehabilitative services which is authorized
by federal regulations, including reimbursement for  services
provided by qualified therapists or qualified assistants, and
which  is in accordance with accepted professional practices.
Reimbursement also may  be  made  for  utilization  of  other
supportive personnel under appropriate supervision.
(Source:  P.A. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98; 91-24,
eff. 7-1-99; 91-712, eff. 7-1-00.)

    (305 ILCS 5/5-5.12a new)
    Sec. 5-5.12a.   Title  XIX  waiver;  pharmacy  assistance
program.   The  Illinois  Department  may  seek  a  waiver of
otherwise applicable requirements of Title XIX of the federal
Social Security Act  in  order  to  claim  federal  financial
participation  for  a pharmacy assistance program for persons
aged 65 and over with income levels at or less than  250%  of
the  federal  poverty  level.   The  Illinois  Department may
provide by rule for all other requirements  of  the  program,
including  cost  sharing,  as permitted by an approved waiver
and without regard to any  provision  of  this  Code  to  the
contrary.   The  benefits may be no more restrictive than the
Pharmacy Assistance  Program  in  effect  on  May  31,  2001.
Benefits   provided   under   the   waiver   are  subject  to
appropriation.
    The Illinois Department  may  not  implement  the  waiver
until  cost neutrality is demonstrated for the State relative
to the final Pharmacy Assistance  Program  appropriation  for
the  fiscal  year  beginning July 1, 2001.  Implementation of
the waiver shall terminate on June 30, 2007.

    (305 ILCS 5/12-4.34)
    (Section scheduled to be repealed on August 31, 2001)
    Sec. 12-4.34.  Services to noncitizens.
    (a)  Subject to specific appropriation for  this  purpose
and  notwithstanding  Sections 1-11 and 3-1 of this Code, the
Department  of  Human  Services  is  authorized  to   provide
services  to  legal  immigrants, including but not limited to
naturalization   and   nutrition   services   and   financial
assistance.  The nature of these  services,  payment  levels,
and eligibility conditions shall be determined by rule.
    (b)  The  Illinois  Department is authorized to lower the
payment levels established under this subsection or take such
other actions during the fiscal  year  as  are  necessary  to
ensure  that payments under this subsection do not exceed the
amounts appropriated for this purpose.  These changes may  be
accomplished  by  emergency  rule  under  Section 5-45 of the
Illinois  Administrative  Procedure  Act,  except  that   the
limitation  on  the  number  of  emergency  rules that may be
adopted in a 24-month period shall not apply.
    (c)  This Section is repealed on August 31, 2002 2001.
(Source: P.A. 90-564, eff.  12-22-97;  90-588,  eff.  7-1-98;
91-24, eff. 7-1-99; 91-712, eff. 7-1-00.)

    (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
    Sec.  12-9.  Public Aid Recoveries Trust Fund; uses.  The
Public  Aid  Recoveries  Trust  Fund  shall  consist  of  (1)
recoveries  by  the  Illinois  Department   of   Public   Aid
authorized   by   this  Code  in  respect  to  applicants  or
recipients under Articles  III,  IV,  V,  and  VI,  including
recoveries made by the Illinois Department of Public Aid from
the  estates  of  deceased recipients, (2) recoveries made by
the  Illinois  Department  of  Public  Aid  in   respect   to
applicants   and   recipients  under  the  Children's  Health
Insurance Program, and (3) federal funds received  on  behalf
of  and  earned  by  local governmental entities for services
provided to applicants or recipients covered under this Code.
to the State  Disbursement  Unit  established  under  Section
10-26  of  this  Code  or The Fund shall be held as a special
fund in the State Treasury.
    Disbursements from this Fund shall be only  (1)  for  the
reimbursement  of claims collected by the Illinois Department
of Public Aid through error or mistake, (2)  for  payment  to
persons  or agencies designated as payees or co-payees on any
instrument, whether  or  not  negotiable,  delivered  to  the
Illinois  Department  of  Public Aid as a recovery under this
Section, such payment to be in proportion to  the  respective
interests  of  the payees in the amount so collected, (3) for
payments to the Department of Human Services for  collections
made  by  the  Illinois Department of Public Aid on behalf of
the Department of Human Services under this  Code,  (4)  from
the  State  Disbursement  Unit  Revolving  Fund under Section
12-8.1 of this Code or for payment of administrative expenses
incurred in performing the activities authorized  under  this
Code,  (5)  for payment of fees to persons or agencies in the
performance of  activities  pursuant  to  the  collection  of
monies owed the State that are collected under this Code, (6)
for  payments  of  any  amounts which are reimbursable to the
federal government which are required to  be  paid  by  State
warrant  by  either  the State or federal government, and (7)
for payments to local governmental entities of federal  funds
for  services  provided  to  applicants or recipients covered
under this Code.  Disbursements from this Fund  for  purposes
of  items  (4)  and (5) of this paragraph shall be subject to
appropriations from the Fund to the  Illinois  Department  of
Public Aid.
    The  balance  in  this  Fund  on  the  first  day of each
calendar quarter, after payment  therefrom  of   any  amounts
reimbursable  to the federal government, and minus the amount
reasonably anticipated to be needed to make the disbursements
during that quarter authorized  by  this  Section,  shall  be
certified  by  the  Director  of  the  Illinois Department of
Public Aid and transferred by the State  Comptroller  to  the
Drug  Rebate  Fund  or  the General Revenue Fund in the State
Treasury, as appropriate, within 30 days of the first day  of
each calendar quarter.
    On July 1, 1999, the State Comptroller shall transfer the
sum  of  $5,000,000 from the Public Aid Recoveries Trust Fund
(formerly the Public Assistance Recoveries Trust  Fund)  into
the DHS Recoveries Trust Fund.
(Source:  P.A.  90-255,  eff.  1-1-98;  91-24,  eff.  7-1-99;
91-212, eff. 7-20-99; revised 9-28-99.)

    Section  35.   The  Senior  Citizens and Disabled Persons
Property Tax Relief  and  Pharmaceutical  Assistance  Act  is
amended by changing Section 3.15 as follows:

    (320 ILCS 25/3.15) (from Ch. 67 1/2, par. 403.15)
    Sec.  3.15.   "Covered  prescription  drug" means (1) any
cardiovascular agent  or  drug;  (2)  any  insulin  or  other
prescription   drug   used  in  the  treatment  of  diabetes,
including syringe and needles used to administer the insulin;
(3) any prescription drug used in the treatment of arthritis,
(4) beginning on January 1, 2001, any prescription drug  used
in the treatment of cancer, (5) beginning on January 1, 2001,
any  prescription  drug  used in the treatment of Alzheimer's
disease, (6) beginning on January 1, 2001,  any  prescription
drug  used  in  the  treatment  of  Parkinson's  disease, (7)
beginning on January 1, 2001, any prescription drug  used  in
the  treatment  of  glaucoma, and (8) beginning on January 1,
2001, any prescription drug used in  the  treatment  of  lung
disease  and  smoking related illnesses, and (9) beginning on
July 1, 2001, any prescription drug used in the treatment  of
osteoporosis.  The specific agents or products to be included
under  such  categories  shall  be listed in a handbook to be
prepared and distributed  by  the  Department.   The  general
types  of  covered  prescription  drugs shall be indicated by
rule.  The Department of Public  Health  shall  promulgate  a
list  of  covered  prescription drugs under this program that
meet the definition of a narrow  therapeutic  index  drug  as
described in subsection (f) of Section 4.
(Source: P.A. 91-699, eff. 1-1-01.)

    Section  40.   The Early Intervention Services System Act
is amended by changing Sections 11 and 13 as follows:

    (325 ILCS 20/11) (from Ch. 23, par. 4161)
    Sec.  11.  Individualized  Family  Service  Plans.   Each
eligible infant or toddler and  that  infant's  or  toddler's
family shall receive:
         (a)  timely,     comprehensive,    multidisciplinary
    assessment of the unique needs of  each  eligible  infant
    and   toddler,   and   assessment  of  the  concerns  and
    priorities of the families to appropriately  assist  them
    in  meeting  their  needs  and  identify services to meet
    those needs; and
         (b)  a written Individualized  Family  Service  Plan
    developed  by a multidisciplinary team which includes the
    parent or guardian.
    The Individualized Family Service Plan shall be evaluated
once a year and the family shall be provided a review of  the
Plan  at  6  month  intervals or more often where appropriate
based on infant or toddler and family needs.  The lead agency
shall   create   a   quality   review    process    regarding
Individualized  Family  Service  Plan development and changes
thereto, to monitor and help assure that resources are  being
used to provide appropriate early intervention services.
    The  evaluation  and  initial assessment and initial Plan
meeting must be held within 45 days after the initial contact
with the early intervention services  system.  With  parental
consent,  early intervention services may commence before the
completion of the comprehensive assessment and development of
the Plan.
    Parents must be informed that, at their discretion, early
intervention services shall  be  provided  to  each  eligible
infant  and  toddler  in  the  natural environment, which may
include the home or other community settings.  Parents  shall
make   the   final   decision  to  accept  or  decline  early
intervention services. A decision to  decline  such  services
shall  not  be  a  basis  for administrative determination of
parental fitness, or other findings or sanctions against  the
parents. Parameters of the Plan shall be set forth in rules.
(Source: P.A. 91-538, eff. 8-13-99.)

    (325 ILCS 20/13) (from Ch. 23, par. 4163)
    Sec.  13.  Funding  and  Fiscal Responsibility.  The lead
agency and every other participating State agency may receive
and expend funds appropriated  by  the  General  Assembly  to
implement  the early intervention services system as required
by this Act.
    The lead agency and each participating State agency shall
identify and report on an annual basis  to  the  Council  the
State  agency  funds  utilized  for  the  provision  of early
intervention services to eligible infants and toddlers.
    Funds provided under Section 633 of the Individuals  with
Disabilities  Education  Act (20 United States Code 1433) may
not be used to satisfy a financial  commitment  for  services
which would have been paid for from another public or private
source  but  for  the  enactment of this Act, except whenever
considered  necessary   to   prevent   delay   in   receiving
appropriate  early  intervention  services  by  the  eligible
infant  or  toddler or family in a timely manner.  "Public or
private  source"  includes  public  and   private   insurance
coverage.
    Funds  provided under Section 633 of the Individuals with
Disabilities Education Act may be used by the lead agency  to
pay  the  provider of services pending reimbursement from the
appropriate state agency.
    Nothing in this Act shall  be  construed  to  permit  the
State  to  reduce medical or other assistance available or to
alter eligibility under Title V and Title XIX of  the  Social
Security  Act  relating  to the Maternal Child Health Program
and Medicaid for eligible infants and toddlers in this State.
    The lead agency shall create a central billing office  to
receive   and   dispense   all  relevant  State  and  federal
resources,  as  well  as  local  government  or   independent
resources  available,  for  early intervention services. This
office  shall  assure  that  maximum  federal  resources  are
utilized  and  that  providers  receive  funds  with  minimal
duplications or interagency reporting and  with  consolidated
audit procedures.
    The  lead  agency  shall  may  also  create  a  system of
payments by families, including a schedule of fees.  No fees,
however,  may  be  charged  for:  implementing  child   find,
evaluation     and    assessment,    service    coordination,
administrative and coordination  activities  related  to  the
development,  review, and evaluation of Individualized Family
Service Plans, or the implementation of procedural safeguards
and other administrative components of  the  statewide  early
intervention system.
(Source: P.A. 91-538, eff. 8-13-99.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 31, 2001.
    Approved June 11, 2001.
    Effective June 11, 2001.

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