093_HB3071 LRB093 07792 DRJ 07981 b 1 AN ACT in relation to public aid. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 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) 7 Sec. 5-8. Practitioners. In supplying medical 8 assistance, the Illinois Department may provide for the 9 legally authorized services of (i) persons licensed under the 10 Medical Practice Act of 1987, as amended, except as hereafter 11 in this Section stated, whether under a general or limited 12 license, (ii)and ofpersons licensed or registered under 13 other laws of this State to provide dental, medical, 14 pharmaceutical, optometric, podiatric, or nursing services, 15 or other remedial care recognized under State law, and (iii) 16 persons licensed under other laws of this State as a clinical 17 psychologist, clinical social worker, or clinical 18 professional counselor. The Department may not provide for 19 legally authorized services of any physician who has been 20 convicted of having performed an abortion procedure in a 21 wilful and wanton manner on a woman who was not pregnant at 22 the time such abortion procedure was performed. The 23 utilization of the services of persons engaged in the 24 treatment or care of the sick, which persons are not required 25 to be licensed or registered under the laws of this State, is 26 not prohibited by this Section. 27 (Source: P.A. 85-1209.) 28 (305 ILCS 5/12-13) (from Ch. 23, par. 12-13) 29 Sec. 12-13. Rules and regulations. The Department shall 30 make all rules and regulations and take such action as may be -2- LRB093 07792 DRJ 07981 b 1 necessary or desirable for carrying out the provisions of 2 this Code, to the end that its spirit and purpose may be 3 achieved and the public aid programs administered efficiently 4 throughout the State. However, the rules and regulations 5 shall not provide that payment for services rendered to a 6 specific recipient by (i) a person licensed under the Medical 7 Practice Act of 1987, whether under a general or limited 8 license, (ii)ora person licensed or registered under other 9 laws of this State to provide dental, optometric, or 10 pediatric care, or (iii) a licensed clinical psychologist, 11 licensed clinical social worker, or licensed clinical 12 professional counselor may be authorized only when services 13 are recommended for that recipient by a person licensed to 14 practice medicine in all its branches. 15 Whenever a rule of the Department requires that an 16 applicant or recipient verify information submitted to the 17 Department, the rule, in order to make the public fully aware 18 of what information is required for verification, shall 19 specify the acceptable means of verification or shall list 20 examples of acceptable means of verification. 21 The provisions of the Illinois Administrative Procedure 22 Act are hereby expressly adopted and incorporated herein, and 23 shall apply to all administrative rules and procedures of the 24 Illinois Department under this Act, except that Section 5-35 25 of the Illinois Administrative Procedure Act relating to 26 procedures for rule-making does not apply to the adoption of 27 any rule required by federal law in connection with which the 28 Illinois Department is precluded by law from exercising any 29 discretion, and the requirements of the Administrative 30 Procedure Act with respect to contested cases are not 31 applicable to (1) hearings involving eligibility of 32 applicants or recipients of public aid or (2) support 33 hearings involving responsible relatives. 34 (Source: P.A. 92-111, eff. 1-1-02.) -3- LRB093 07792 DRJ 07981 b 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.