SB1739 Enrolled

LRB095 11093 DRJ 31421 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 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)
and of 
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

15
recognized under State law, and (iii) persons licensed under 
16
other laws of
this State as a clinical social worker.
The 
17
Department may not provide for legally
authorized services of 
18
any physician who has been convicted of having performed
an 
19
abortion procedure in a wilful and wanton manner on a woman who 
20
was not
pregnant at the time such abortion procedure was 
21
performed.  The
utilization of the services of persons engaged 
22
in the treatment or care of
the sick, which persons are not 
23
required to be licensed or registered under
the laws of this 
 


 






SB1739 Enrolled
- 2 -
LRB095 11093 DRJ 31421 b




1
State, is not prohibited by this Section.


2
(Source: P.A. 85-1209.)

 
3
    (305 ILCS 5/12-13)  (from Ch. 23, par. 12-13)

4
    Sec. 12-13. Rules and regulations.   The Department shall 
5
make all rules and
regulations and take such action as may be 
6
necessary or desirable for carrying
out the provisions of this 
7
Code, to the end that its spirit and purpose may be
achieved 
8
and the public aid programs administered efficiently 
9
throughout the
State. However, the rules and regulations shall 
10
not provide that payment for
services rendered to a specific 
11
recipient by (i) a person licensed under
the
Medical Practice 
12
Act of 1987, whether under a general or limited license,
(ii)

13
or a
person licensed or registered under other laws of this 
14
State to provide dental,
optometric, or pediatric care,
or 
15
(iii) a licensed clinical social worker
may be authorized only 
16
when services are
recommended for that recipient by a person 
17
licensed to practice medicine in all
its branches.


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.


24
    The provisions of the Illinois Administrative Procedure 
25
Act are hereby
expressly adopted and incorporated herein, and 
 


 






SB1739 Enrolled
- 3 -
LRB095 11093 DRJ 31421 b




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.


12
(Source: P.A. 92-111, eff. 1-1-02.)


 
13
    Section 99. Effective date. This Act takes effect upon 
14
becoming law.