SB1739 Engrossed

LRB095 11093 DRJ 31421 b






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    AN ACT in relation to public aid. 

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


 
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    Section 5. The Illinois Public Aid Code is amended by 
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changing Sections
5-8 and 12-13 as follows:


 
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    (305 ILCS 5/5-8)  (from Ch. 23, par. 5-8)

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    Sec. 5-8. Practitioners.  In supplying medical assistance, 
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the Illinois
Department may provide for the legally authorized 
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services of (i) persons
licensed under the Medical Practice Act 
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of 1987, as amended, except as
hereafter in this Section 
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stated, whether under a
general or limited license, (ii)
and of 
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persons licensed or registered
under
other laws of this State 
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to provide dental, medical, pharmaceutical,
optometric, 
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podiatric, or nursing services, or other remedial care

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recognized under State law, and (iii) persons licensed under 
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other laws of
this State as a clinical social worker.
The 
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Department may not provide for legally
authorized services of 
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any physician who has been convicted of having performed
an 
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abortion procedure in a wilful and wanton manner on a woman who 
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was not
pregnant at the time such abortion procedure was 
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performed.  The
utilization of the services of persons engaged 
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in the treatment or care of
the sick, which persons are not 
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required to be licensed or registered under
the laws of this 
 


 






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State, is not prohibited by this Section.


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(Source: P.A. 85-1209.)

 
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    (305 ILCS 5/12-13)  (from Ch. 23, par. 12-13)

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    Sec. 12-13. Rules and regulations.   The Department shall 
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make all rules and
regulations and take such action as may be 
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necessary or desirable for carrying
out the provisions of this 
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Code, to the end that its spirit and purpose may be
achieved 
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and the public aid programs administered efficiently 
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throughout the
State. However, the rules and regulations shall 
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not provide that payment for
services rendered to a specific 
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recipient by (i) a person licensed under
the
Medical Practice 
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Act of 1987, whether under a general or limited license,
(ii)

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or a
person licensed or registered under other laws of this 
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State to provide dental,
optometric, or pediatric care,
or 
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(iii) a licensed clinical social worker
may be authorized only 
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when services are
recommended for that recipient by a person 
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licensed to practice medicine in all
its branches.


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    Whenever a rule of the Department requires that an 
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applicant or
recipient verify information submitted to the 
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Department, the rule, in
order to make the public fully aware 
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of what information is required for
verification, shall specify 
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the acceptable means of verification or shall
list examples of 
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acceptable means of verification.


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    The provisions of the Illinois Administrative Procedure 
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Act are hereby
expressly adopted and incorporated herein, and 
 


 






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shall apply to all
administrative rules and procedures of the 
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Illinois Department under this Act,
except that Section 5-35 of 
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the Illinois Administrative Procedure Act relating
to 
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procedures for rule-making does not apply to the adoption of 
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any rule
required by federal law in connection with which the 
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Illinois Department is
precluded by law from exercising any 
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discretion, and the requirements of the
Administrative 
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Procedure Act with respect to contested cases are not 
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applicable
to (1) hearings involving eligibility of applicants 
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or recipients of public
aid or (2) support hearings involving 
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responsible relatives.


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(Source: P.A. 92-111, eff. 1-1-02.)


 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.