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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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