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1 | AN ACT concerning public aid.
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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 Section 5-5 as follows: | ||||||||||||||||||||||||
6 | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
| ||||||||||||||||||||||||
7 | (Text of Section before amendment by P.A. 96-806 ) | ||||||||||||||||||||||||
8 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||||||||||||||||||||
9 | rule, shall
determine the quantity and quality of and the rate | ||||||||||||||||||||||||
10 | of reimbursement for the
medical assistance for which
payment | ||||||||||||||||||||||||
11 | will be authorized, and the medical services to be provided,
| ||||||||||||||||||||||||
12 | which may include all or part of the following: (1) inpatient | ||||||||||||||||||||||||
13 | hospital
services; (2) outpatient hospital services; (3) other | ||||||||||||||||||||||||
14 | laboratory and
X-ray services; (4) skilled nursing home | ||||||||||||||||||||||||
15 | services; (5) physicians'
services whether furnished in the | ||||||||||||||||||||||||
16 | office, the patient's home, a
hospital, a skilled nursing home, | ||||||||||||||||||||||||
17 | or elsewhere; (6) medical care, or any
other type of remedial | ||||||||||||||||||||||||
18 | care furnished by licensed practitioners; (7)
home health care | ||||||||||||||||||||||||
19 | services; (8) private duty nursing service; (9) clinic
| ||||||||||||||||||||||||
20 | services; (10) dental services, including prevention and | ||||||||||||||||||||||||
21 | treatment of periodontal disease and dental caries disease for | ||||||||||||||||||||||||
22 | pregnant women, provided by an individual licensed to practice | ||||||||||||||||||||||||
23 | dentistry or dental surgery; for purposes of this item (10), |
| |||||||
| |||||||
1 | "dental services" means diagnostic, preventive, or corrective | ||||||
2 | procedures provided by or under the supervision of a dentist in | ||||||
3 | the practice of his or her profession; (11) physical therapy | ||||||
4 | and related
services; (12) prescribed drugs, dentures, and | ||||||
5 | prosthetic devices; and
eyeglasses prescribed by a physician | ||||||
6 | skilled in the diseases of the eye,
or by an optometrist, | ||||||
7 | whichever the person may select; (13) other
diagnostic, | ||||||
8 | screening, preventive, and rehabilitative services; (14)
| ||||||
9 | transportation and such other expenses as may be necessary; | ||||||
10 | (15) medical
treatment of sexual assault survivors, as defined | ||||||
11 | in
Section 1a of the Sexual Assault Survivors Emergency | ||||||
12 | Treatment Act, for
injuries sustained as a result of the sexual | ||||||
13 | assault, including
examinations and laboratory tests to | ||||||
14 | discover evidence which may be used in
criminal proceedings | ||||||
15 | arising from the sexual assault; (16) the
diagnosis and | ||||||
16 | treatment of sickle cell anemia; and (17)
any other medical | ||||||
17 | care, and any other type of remedial care recognized
under the | ||||||
18 | laws of this State, but not including abortions, or induced
| ||||||
19 | miscarriages or premature births, unless, in the opinion of a | ||||||
20 | physician,
such procedures are necessary for the preservation | ||||||
21 | of the life of the
woman seeking such treatment, or except an | ||||||
22 | induced premature birth
intended to produce a live viable child | ||||||
23 | and such procedure is necessary
for the health of the mother or | ||||||
24 | her unborn child. The Illinois Department,
by rule, shall | ||||||
25 | prohibit any physician from providing medical assistance
to | ||||||
26 | anyone eligible therefor under this Code where such physician |
| |||||||
| |||||||
1 | has been
found guilty of performing an abortion procedure in a | ||||||
2 | wilful and wanton
manner upon a woman who was not pregnant at | ||||||
3 | the time such abortion
procedure was performed. The term "any | ||||||
4 | other type of remedial care" shall
include nursing care and | ||||||
5 | nursing home service for persons who rely on
treatment by | ||||||
6 | spiritual means alone through prayer for healing.
| ||||||
7 | Notwithstanding any other provision of this Section, a | ||||||
8 | comprehensive
tobacco use cessation program that includes | ||||||
9 | purchasing prescription drugs or
prescription medical devices | ||||||
10 | approved by the Food and Drug administration shall
be covered | ||||||
11 | under the medical assistance
program under this Article for | ||||||
12 | persons who are otherwise eligible for
assistance under this | ||||||
13 | Article.
| ||||||
14 | Notwithstanding any other provision of this Code, the | ||||||
15 | Illinois
Department may not require, as a condition of payment | ||||||
16 | for any laboratory
test authorized under this Article, that a | ||||||
17 | physician's handwritten signature
appear on the laboratory | ||||||
18 | test order form. The Illinois Department may,
however, impose | ||||||
19 | other appropriate requirements regarding laboratory test
order | ||||||
20 | documentation.
| ||||||
21 | The Department of Healthcare and Family Services shall | ||||||
22 | provide the following services to
persons
eligible for | ||||||
23 | assistance under this Article who are participating in
| ||||||
24 | education, training or employment programs operated by the | ||||||
25 | Department of Human
Services as successor to the Department of | ||||||
26 | Public Aid:
|
| |||||||
| |||||||
1 | (1) dental services provided by or under the | ||||||
2 | supervision of a dentist; and
| ||||||
3 | (2) eyeglasses prescribed by a physician skilled in the | ||||||
4 | diseases of the
eye, or by an optometrist, whichever the | ||||||
5 | person may select.
| ||||||
6 | Notwithstanding any other provisions of this Code, the | ||||||
7 | Department of Healthcare and Family Services shall adopt rules | ||||||
8 | for payment of claims for reimbursement for covered dental | ||||||
9 | services that allow a qualified provider of such services who | ||||||
10 | is volunteering his or her time at no cost to a not-for-profit | ||||||
11 | health clinic to designate such health clinic as alternate | ||||||
12 | payee. A not-for-profit health clinic may be a public or | ||||||
13 | private health clinic or Federally Qualified Health Center | ||||||
14 | where dental services covered under this Section are performed. | ||||||
15 | If a qualified provider of covered dental services designates a | ||||||
16 | not-for-profit health clinic as alternate payee, the provider | ||||||
17 | shall not be required to individually enroll as a participating | ||||||
18 | vendor in the medical assistance program and the Department | ||||||
19 | shall establish a process for making reimbursement payments to | ||||||
20 | such alternate payee. | ||||||
21 | The Illinois Department, by rule, may distinguish and | ||||||
22 | classify the
medical services to be provided only in accordance | ||||||
23 | with the classes of
persons designated in Section 5-2.
| ||||||
24 | The Department of Healthcare and Family Services must | ||||||
25 | provide coverage and reimbursement for amino acid-based | ||||||
26 | elemental formulas, regardless of delivery method, for the |
| |||||||
| |||||||
1 | diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||||||
2 | short bowel syndrome when the prescribing physician has issued | ||||||
3 | a written order stating that the amino acid-based elemental | ||||||
4 | formula is medically necessary.
| ||||||
5 | The Illinois Department shall authorize the provision of, | ||||||
6 | and shall
authorize payment for, screening by low-dose | ||||||
7 | mammography for the presence of
occult breast cancer for women | ||||||
8 | 35 years of age or older who are eligible
for medical | ||||||
9 | assistance under this Article, as follows: | ||||||
10 | (A) A baseline
mammogram for women 35 to 39 years of | ||||||
11 | age.
| ||||||
12 | (B) An annual mammogram for women 40 years of age or | ||||||
13 | older. | ||||||
14 | (C) A mammogram at the age and intervals considered | ||||||
15 | medically necessary by the woman's health care provider for | ||||||
16 | women under 40 years of age and having a family history of | ||||||
17 | breast cancer, prior personal history of breast cancer, | ||||||
18 | positive genetic testing, or other risk factors. | ||||||
19 | (D) A comprehensive ultrasound screening of an entire | ||||||
20 | breast or breasts if a mammogram demonstrates | ||||||
21 | heterogeneous or dense breast tissue, when medically | ||||||
22 | necessary as determined by a physician licensed to practice | ||||||
23 | medicine in all of its branches. | ||||||
24 | All screenings
shall
include a physical breast exam, | ||||||
25 | instruction on self-examination and
information regarding the | ||||||
26 | frequency of self-examination and its value as a
preventative |
| |||||||
| |||||||
1 | tool. For purposes of this Section, "low-dose mammography" | ||||||
2 | means
the x-ray examination of the breast using equipment | ||||||
3 | dedicated specifically
for mammography, including the x-ray | ||||||
4 | tube, filter, compression device,
and image receptor, with an | ||||||
5 | average radiation exposure delivery
of less than one rad per | ||||||
6 | breast for 2 views of an average size breast.
The term also | ||||||
7 | includes digital mammography.
| ||||||
8 | On and after July 1, 2008, screening and diagnostic | ||||||
9 | mammography shall be reimbursed at the same rate as the | ||||||
10 | Medicare program's rates, including the increased | ||||||
11 | reimbursement for digital mammography. | ||||||
12 | The Department shall convene an expert panel including | ||||||
13 | representatives of hospitals, free-standing mammography | ||||||
14 | facilities, and doctors, including radiologists, to establish | ||||||
15 | quality standards. Based on these quality standards, the | ||||||
16 | Department shall provide for bonus payments to mammography | ||||||
17 | facilities meeting the standards for screening and diagnosis. | ||||||
18 | The bonus payments shall be at least 15% higher than the | ||||||
19 | Medicare rates for mammography. | ||||||
20 | Subject to federal approval, the Department shall | ||||||
21 | establish a rate methodology for mammography at federally | ||||||
22 | qualified health centers and other encounter-rate clinics. | ||||||
23 | These clinics or centers may also collaborate with other | ||||||
24 | hospital-based mammography facilities. | ||||||
25 | The Department shall establish a methodology to remind | ||||||
26 | women who are age-appropriate for screening mammography, but |
| |||||||
| |||||||
1 | who have not received a mammogram within the previous 18 | ||||||
2 | months, of the importance and benefit of screening mammography. | ||||||
3 | The Department shall establish a performance goal for | ||||||
4 | primary care providers with respect to their female patients | ||||||
5 | over age 40 receiving an annual mammogram. This performance | ||||||
6 | goal shall be used to provide additional reimbursement in the | ||||||
7 | form of a quality performance bonus to primary care providers | ||||||
8 | who meet that goal. | ||||||
9 | The Department shall devise a means of case-managing or | ||||||
10 | patient navigation for beneficiaries diagnosed with breast | ||||||
11 | cancer. This program shall initially operate as a pilot program | ||||||
12 | in areas of the State with the highest incidence of mortality | ||||||
13 | related to breast cancer. At least one pilot program site shall | ||||||
14 | be in the metropolitan Chicago area and at least one site shall | ||||||
15 | be outside the metropolitan Chicago area. An evaluation of the | ||||||
16 | pilot program shall be carried out measuring health outcomes | ||||||
17 | and cost of care for those served by the pilot program compared | ||||||
18 | to similarly situated patients who are not served by the pilot | ||||||
19 | program. | ||||||
20 | Any medical or health care provider shall immediately | ||||||
21 | recommend, to
any pregnant woman who is being provided prenatal | ||||||
22 | services and is suspected
of drug abuse or is addicted as | ||||||
23 | defined in the Alcoholism and Other Drug Abuse
and Dependency | ||||||
24 | Act, referral to a local substance abuse treatment provider
| ||||||
25 | licensed by the Department of Human Services or to a licensed
| ||||||
26 | hospital which provides substance abuse treatment services. |
| |||||||
| |||||||
1 | The Department of Healthcare and Family Services
shall assure | ||||||
2 | coverage for the cost of treatment of the drug abuse or
| ||||||
3 | addiction for pregnant recipients in accordance with the | ||||||
4 | Illinois Medicaid
Program in conjunction with the Department of | ||||||
5 | Human Services.
| ||||||
6 | All medical providers providing medical assistance to | ||||||
7 | pregnant women
under this Code shall receive information from | ||||||
8 | the Department on the
availability of services under the Drug | ||||||
9 | Free Families with a Future or any
comparable program providing | ||||||
10 | case management services for addicted women,
including | ||||||
11 | information on appropriate referrals for other social services
| ||||||
12 | that may be needed by addicted women in addition to treatment | ||||||
13 | for addiction.
| ||||||
14 | The Illinois Department, in cooperation with the | ||||||
15 | Departments of Human
Services (as successor to the Department | ||||||
16 | of Alcoholism and Substance
Abuse) and Public Health, through a | ||||||
17 | public awareness campaign, may
provide information concerning | ||||||
18 | treatment for alcoholism and drug abuse and
addiction, prenatal | ||||||
19 | health care, and other pertinent programs directed at
reducing | ||||||
20 | the number of drug-affected infants born to recipients of | ||||||
21 | medical
assistance.
| ||||||
22 | Neither the Department of Healthcare and Family Services | ||||||
23 | nor the Department of Human
Services shall sanction the | ||||||
24 | recipient solely on the basis of
her substance abuse.
| ||||||
25 | The Illinois Department shall establish such regulations | ||||||
26 | governing
the dispensing of health services under this Article |
| |||||||
| |||||||
1 | as it shall deem
appropriate. The Department
should
seek the | ||||||
2 | advice of formal professional advisory committees appointed by
| ||||||
3 | the Director of the Illinois Department for the purpose of | ||||||
4 | providing regular
advice on policy and administrative matters, | ||||||
5 | information dissemination and
educational activities for | ||||||
6 | medical and health care providers, and
consistency in | ||||||
7 | procedures to the Illinois Department.
| ||||||
8 | The Illinois Department may develop and contract with | ||||||
9 | Partnerships of
medical providers to arrange medical services | ||||||
10 | for persons eligible under
Section 5-2 of this Code. | ||||||
11 | Implementation of this Section may be by
demonstration projects | ||||||
12 | in certain geographic areas. The Partnership shall
be | ||||||
13 | represented by a sponsor organization. The Department, by rule, | ||||||
14 | shall
develop qualifications for sponsors of Partnerships. | ||||||
15 | Nothing in this
Section shall be construed to require that the | ||||||
16 | sponsor organization be a
medical organization.
| ||||||
17 | The sponsor must negotiate formal written contracts with | ||||||
18 | medical
providers for physician services, inpatient and | ||||||
19 | outpatient hospital care,
home health services, treatment for | ||||||
20 | alcoholism and substance abuse, and
other services determined | ||||||
21 | necessary by the Illinois Department by rule for
delivery by | ||||||
22 | Partnerships. Physician services must include prenatal and
| ||||||
23 | obstetrical care. The Illinois Department shall reimburse | ||||||
24 | medical services
delivered by Partnership providers to clients | ||||||
25 | in target areas according to
provisions of this Article and the | ||||||
26 | Illinois Health Finance Reform Act,
except that:
|
| |||||||
| |||||||
1 | (1) Physicians participating in a Partnership and | ||||||
2 | providing certain
services, which shall be determined by | ||||||
3 | the Illinois Department, to persons
in areas covered by the | ||||||
4 | Partnership may receive an additional surcharge
for such | ||||||
5 | services.
| ||||||
6 | (2) The Department may elect to consider and negotiate | ||||||
7 | financial
incentives to encourage the development of | ||||||
8 | Partnerships and the efficient
delivery of medical care.
| ||||||
9 | (3) Persons receiving medical services through | ||||||
10 | Partnerships may receive
medical and case management | ||||||
11 | services above the level usually offered
through the | ||||||
12 | medical assistance program.
| ||||||
13 | Medical providers shall be required to meet certain | ||||||
14 | qualifications to
participate in Partnerships to ensure the | ||||||
15 | delivery of high quality medical
services. These | ||||||
16 | qualifications shall be determined by rule of the Illinois
| ||||||
17 | Department and may be higher than qualifications for | ||||||
18 | participation in the
medical assistance program. Partnership | ||||||
19 | sponsors may prescribe reasonable
additional qualifications | ||||||
20 | for participation by medical providers, only with
the prior | ||||||
21 | written approval of the Illinois Department.
| ||||||
22 | Nothing in this Section shall limit the free choice of | ||||||
23 | practitioners,
hospitals, and other providers of medical | ||||||
24 | services by clients.
In order to ensure patient freedom of | ||||||
25 | choice, the Illinois Department shall
immediately promulgate | ||||||
26 | all rules and take all other necessary actions so that
provided |
| |||||||
| |||||||
1 | services may be accessed from therapeutically certified | ||||||
2 | optometrists
to the full extent of the Illinois Optometric | ||||||
3 | Practice Act of 1987 without
discriminating between service | ||||||
4 | providers.
| ||||||
5 | The Department shall apply for a waiver from the United | ||||||
6 | States Health
Care Financing Administration to allow for the | ||||||
7 | implementation of
Partnerships under this Section.
| ||||||
8 | The Illinois Department shall require health care | ||||||
9 | providers to maintain
records that document the medical care | ||||||
10 | and services provided to recipients
of Medical Assistance under | ||||||
11 | this Article. The Illinois Department shall
require health care | ||||||
12 | providers to make available, when authorized by the
patient, in | ||||||
13 | writing, the medical records in a timely fashion to other
| ||||||
14 | health care providers who are treating or serving persons | ||||||
15 | eligible for
Medical Assistance under this Article. All | ||||||
16 | dispensers of medical services
shall be required to maintain | ||||||
17 | and retain business and professional records
sufficient to | ||||||
18 | fully and accurately document the nature, scope, details and
| ||||||
19 | receipt of the health care provided to persons eligible for | ||||||
20 | medical
assistance under this Code, in accordance with | ||||||
21 | regulations promulgated by
the Illinois Department. The rules | ||||||
22 | and regulations shall require that proof
of the receipt of | ||||||
23 | prescription drugs, dentures, prosthetic devices and
| ||||||
24 | eyeglasses by eligible persons under this Section accompany | ||||||
25 | each claim
for reimbursement submitted by the dispenser of such | ||||||
26 | medical services.
No such claims for reimbursement shall be |
| |||||||
| |||||||
1 | approved for payment by the Illinois
Department without such | ||||||
2 | proof of receipt, unless the Illinois Department
shall have put | ||||||
3 | into effect and shall be operating a system of post-payment
| ||||||
4 | audit and review which shall, on a sampling basis, be deemed | ||||||
5 | adequate by
the Illinois Department to assure that such drugs, | ||||||
6 | dentures, prosthetic
devices and eyeglasses for which payment | ||||||
7 | is being made are actually being
received by eligible | ||||||
8 | recipients. Within 90 days after the effective date of
this | ||||||
9 | amendatory Act of 1984, the Illinois Department shall establish | ||||||
10 | a
current list of acquisition costs for all prosthetic devices | ||||||
11 | and any
other items recognized as medical equipment and | ||||||
12 | supplies reimbursable under
this Article and shall update such | ||||||
13 | list on a quarterly basis, except that
the acquisition costs of | ||||||
14 | all prescription drugs shall be updated no
less frequently than | ||||||
15 | every 30 days as required by Section 5-5.12.
| ||||||
16 | The rules and regulations of the Illinois Department shall | ||||||
17 | require
that a written statement including the required opinion | ||||||
18 | of a physician
shall accompany any claim for reimbursement for | ||||||
19 | abortions, or induced
miscarriages or premature births. This | ||||||
20 | statement shall indicate what
procedures were used in providing | ||||||
21 | such medical services.
| ||||||
22 | The Illinois Department shall require all dispensers of | ||||||
23 | medical
services, other than an individual practitioner or | ||||||
24 | group of practitioners,
desiring to participate in the Medical | ||||||
25 | Assistance program
established under this Article to disclose | ||||||
26 | all financial, beneficial,
ownership, equity, surety or other |
| |||||||
| |||||||
1 | interests in any and all firms,
corporations, partnerships, | ||||||
2 | associations, business enterprises, joint
ventures, agencies, | ||||||
3 | institutions or other legal entities providing any
form of | ||||||
4 | health care services in this State under this Article.
| ||||||
5 | The Illinois Department may require that all dispensers of | ||||||
6 | medical
services desiring to participate in the medical | ||||||
7 | assistance program
established under this Article disclose, | ||||||
8 | under such terms and conditions as
the Illinois Department may | ||||||
9 | by rule establish, all inquiries from clients
and attorneys | ||||||
10 | regarding medical bills paid by the Illinois Department, which
| ||||||
11 | inquiries could indicate potential existence of claims or liens | ||||||
12 | for the
Illinois Department.
| ||||||
13 | Enrollment of a vendor that provides non-emergency medical | ||||||
14 | transportation,
defined by the Department by rule,
shall be
| ||||||
15 | conditional for 180 days. During that time, the Department of | ||||||
16 | Healthcare and Family Services may
terminate the vendor's | ||||||
17 | eligibility to participate in the medical assistance
program | ||||||
18 | without cause. That termination of eligibility is not subject | ||||||
19 | to the
Department's hearing process.
| ||||||
20 | The Illinois Department shall establish policies, | ||||||
21 | procedures,
standards and criteria by rule for the acquisition, | ||||||
22 | repair and replacement
of orthotic and prosthetic devices and | ||||||
23 | durable medical equipment. Such
rules shall provide, but not be | ||||||
24 | limited to, the following services: (1)
immediate repair or | ||||||
25 | replacement of such devices by recipients without
medical | ||||||
26 | authorization; and (2) rental, lease, purchase or |
| |||||||
| |||||||
1 | lease-purchase of
durable medical equipment in a | ||||||
2 | cost-effective manner, taking into
consideration the | ||||||
3 | recipient's medical prognosis, the extent of the
recipient's | ||||||
4 | needs, and the requirements and costs for maintaining such
| ||||||
5 | equipment. Such rules shall enable a recipient to temporarily | ||||||
6 | acquire and
use alternative or substitute devices or equipment | ||||||
7 | pending repairs or
replacements of any device or equipment | ||||||
8 | previously authorized for such
recipient by the Department.
| ||||||
9 | The Department shall execute, relative to the nursing home | ||||||
10 | prescreening
project, written inter-agency agreements with the | ||||||
11 | Department of Human
Services and the Department on Aging, to | ||||||
12 | effect the following: (i) intake
procedures and common | ||||||
13 | eligibility criteria for those persons who are receiving
| ||||||
14 | non-institutional services; and (ii) the establishment and | ||||||
15 | development of
non-institutional services in areas of the State | ||||||
16 | where they are not currently
available or are undeveloped.
| ||||||
17 | The Illinois Department shall develop and operate, in | ||||||
18 | cooperation
with other State Departments and agencies and in | ||||||
19 | compliance with
applicable federal laws and regulations, | ||||||
20 | appropriate and effective
systems of health care evaluation and | ||||||
21 | programs for monitoring of
utilization of health care services | ||||||
22 | and facilities, as it affects
persons eligible for medical | ||||||
23 | assistance under this Code.
| ||||||
24 | The Illinois Department shall report annually to the | ||||||
25 | General Assembly,
no later than the second Friday in April of | ||||||
26 | 1979 and each year
thereafter, in regard to:
|
| |||||||
| |||||||
1 | (a) actual statistics and trends in utilization of | ||||||
2 | medical services by
public aid recipients;
| ||||||
3 | (b) actual statistics and trends in the provision of | ||||||
4 | the various medical
services by medical vendors;
| ||||||
5 | (c) current rate structures and proposed changes in | ||||||
6 | those rate structures
for the various medical vendors; and
| ||||||
7 | (d) efforts at utilization review and control by the | ||||||
8 | Illinois Department.
| ||||||
9 | The period covered by each report shall be the 3 years | ||||||
10 | ending on the June
30 prior to the report. The report shall | ||||||
11 | include suggested legislation
for consideration by the General | ||||||
12 | Assembly. The filing of one copy of the
report with the | ||||||
13 | Speaker, one copy with the Minority Leader and one copy
with | ||||||
14 | the Clerk of the House of Representatives, one copy with the | ||||||
15 | President,
one copy with the Minority Leader and one copy with | ||||||
16 | the Secretary of the
Senate, one copy with the Legislative | ||||||
17 | Research Unit, and such additional
copies
with the State | ||||||
18 | Government Report Distribution Center for the General
Assembly | ||||||
19 | as is required under paragraph (t) of Section 7 of the State
| ||||||
20 | Library Act shall be deemed sufficient to comply with this | ||||||
21 | Section.
| ||||||
22 | Rulemaking authority to implement Public Act 95-1045 this | ||||||
23 | amendatory Act of the 95th General Assembly , if any, is | ||||||
24 | conditioned on the rules being adopted in accordance with all | ||||||
25 | provisions of the Illinois Administrative Procedure Act and all | ||||||
26 | rules and procedures of the Joint Committee on Administrative |
| |||||||
| |||||||
1 | Rules; any purported rule not so adopted, for whatever reason, | ||||||
2 | is unauthorized. | ||||||
3 | (Source: P.A. 95-331, eff. 8-21-07; 95-520, eff. 8-28-07; | ||||||
4 | 95-1045, eff. 3-27-09; 96-156, eff. 1-1-10; revised 11-4-09.)
| ||||||
5 | (Text of Section after amendment by P.A. 96-806 ) | ||||||
6 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||
7 | rule, shall
determine the quantity and quality of and the rate | ||||||
8 | of reimbursement for the
medical assistance for which
payment | ||||||
9 | will be authorized, and the medical services to be provided,
| ||||||
10 | which may include all or part of the following: (1) inpatient | ||||||
11 | hospital
services; (2) outpatient hospital services; (3) other | ||||||
12 | laboratory and
X-ray services; (4) skilled nursing home | ||||||
13 | services; (5) physicians'
services whether furnished in the | ||||||
14 | office, the patient's home, a
hospital, a skilled nursing home, | ||||||
15 | or elsewhere; (6) medical care, or any
other type of remedial | ||||||
16 | care furnished by licensed practitioners; (7)
home health care | ||||||
17 | services; (8) private duty nursing service; (9) clinic
| ||||||
18 | services; (10) dental services, including prevention and | ||||||
19 | treatment of periodontal disease and dental caries disease for | ||||||
20 | pregnant women, provided by an individual licensed to practice | ||||||
21 | dentistry or dental surgery; for purposes of this item (10), | ||||||
22 | "dental services" means diagnostic, preventive, or corrective | ||||||
23 | procedures provided by or under the supervision of a dentist in | ||||||
24 | the practice of his or her profession; (11) physical therapy | ||||||
25 | and related
services; (12) prescribed drugs, dentures, and |
| |||||||
| |||||||
1 | prosthetic devices; and
eyeglasses prescribed by a physician | ||||||
2 | skilled in the diseases of the eye,
or by an optometrist, | ||||||
3 | whichever the person may select; (13) other
diagnostic, | ||||||
4 | screening, preventive, and rehabilitative services; (14)
| ||||||
5 | transportation and such other expenses as may be necessary; | ||||||
6 | (15) medical
treatment of sexual assault survivors, as defined | ||||||
7 | in
Section 1a of the Sexual Assault Survivors Emergency | ||||||
8 | Treatment Act, for
injuries sustained as a result of the sexual | ||||||
9 | assault, including
examinations and laboratory tests to | ||||||
10 | discover evidence which may be used in
criminal proceedings | ||||||
11 | arising from the sexual assault; (16) the
diagnosis and | ||||||
12 | treatment of sickle cell anemia; and (17)
any other medical | ||||||
13 | care, and any other type of remedial care recognized
under the | ||||||
14 | laws of this State, but not including abortions, or induced
| ||||||
15 | miscarriages or premature births, unless, in the opinion of a | ||||||
16 | physician,
such procedures are necessary for the preservation | ||||||
17 | of the life of the
woman seeking such treatment, or except an | ||||||
18 | induced premature birth
intended to produce a live viable child | ||||||
19 | and such procedure is necessary
for the health of the mother or | ||||||
20 | her unborn child. The Illinois Department,
by rule, shall | ||||||
21 | prohibit any physician from providing medical assistance
to | ||||||
22 | anyone eligible therefor under this Code where such physician | ||||||
23 | has been
found guilty of performing an abortion procedure in a | ||||||
24 | wilful and wanton
manner upon a woman who was not pregnant at | ||||||
25 | the time such abortion
procedure was performed. The term "any | ||||||
26 | other type of remedial care" shall
include nursing care and |
| |||||||
| |||||||
1 | nursing home service for persons who rely on
treatment by | ||||||
2 | spiritual means alone through prayer for healing.
| ||||||
3 | Notwithstanding any other provision of this Section, a | ||||||
4 | comprehensive
tobacco use cessation program that includes | ||||||
5 | purchasing prescription drugs or
prescription medical devices | ||||||
6 | approved by the Food and Drug administration shall
be covered | ||||||
7 | under the medical assistance
program under this Article for | ||||||
8 | persons who are otherwise eligible for
assistance under this | ||||||
9 | Article.
| ||||||
10 | Notwithstanding any other provision of this Code, the | ||||||
11 | Illinois
Department may not require, as a condition of payment | ||||||
12 | for any laboratory
test authorized under this Article, that a | ||||||
13 | physician's handwritten signature
appear on the laboratory | ||||||
14 | test order form. The Illinois Department may,
however, impose | ||||||
15 | other appropriate requirements regarding laboratory test
order | ||||||
16 | documentation.
| ||||||
17 | The Department of Healthcare and Family Services shall | ||||||
18 | provide the following services to
persons
eligible for | ||||||
19 | assistance under this Article who are participating in
| ||||||
20 | education, training or employment programs operated by the | ||||||
21 | Department of Human
Services as successor to the Department of | ||||||
22 | Public Aid:
| ||||||
23 | (1) dental services provided by or under the | ||||||
24 | supervision of a dentist; and
| ||||||
25 | (2) eyeglasses prescribed by a physician skilled in the | ||||||
26 | diseases of the
eye, or by an optometrist, whichever the |
| |||||||
| |||||||
1 | person may select.
| ||||||
2 | Notwithstanding any other provisions of this Code, the | ||||||
3 | Department of Healthcare and Family Services shall adopt rules | ||||||
4 | for payment of claims for reimbursement for covered dental | ||||||
5 | services that allow a qualified provider of such services who | ||||||
6 | is volunteering his or her time at no cost to a not-for-profit | ||||||
7 | health clinic to designate such health clinic as alternate | ||||||
8 | payee. A not-for-profit health clinic may be a public or | ||||||
9 | private health clinic or Federally Qualified Health Center | ||||||
10 | where dental services covered under this Section are performed. | ||||||
11 | If a qualified provider of covered dental services designates a | ||||||
12 | not-for-profit health clinic as alternate payee, the provider | ||||||
13 | shall not be required to individually enroll as a participating | ||||||
14 | vendor in the medical assistance program and the Department | ||||||
15 | shall establish a process for making reimbursement payments to | ||||||
16 | such alternate payee. | ||||||
17 | The Illinois Department, by rule, may distinguish and | ||||||
18 | classify the
medical services to be provided only in accordance | ||||||
19 | with the classes of
persons designated in Section 5-2.
| ||||||
20 | The Department of Healthcare and Family Services must | ||||||
21 | provide coverage and reimbursement for amino acid-based | ||||||
22 | elemental formulas, regardless of delivery method, for the | ||||||
23 | diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||||||
24 | short bowel syndrome when the prescribing physician has issued | ||||||
25 | a written order stating that the amino acid-based elemental | ||||||
26 | formula is medically necessary.
|
| |||||||
| |||||||
1 | The Illinois Department shall authorize the provision of, | ||||||
2 | and shall
authorize payment for, screening by low-dose | ||||||
3 | mammography for the presence of
occult breast cancer for women | ||||||
4 | 35 years of age or older who are eligible
for medical | ||||||
5 | assistance under this Article, as follows: | ||||||
6 | (A) A baseline
mammogram for women 35 to 39 years of | ||||||
7 | age.
| ||||||
8 | (B) An annual mammogram for women 40 years of age or | ||||||
9 | older. | ||||||
10 | (C) A mammogram at the age and intervals considered | ||||||
11 | medically necessary by the woman's health care provider for | ||||||
12 | women under 40 years of age and having a family history of | ||||||
13 | breast cancer, prior personal history of breast cancer, | ||||||
14 | positive genetic testing, or other risk factors. | ||||||
15 | (D) A comprehensive ultrasound screening of an entire | ||||||
16 | breast or breasts if a mammogram demonstrates | ||||||
17 | heterogeneous or dense breast tissue, when medically | ||||||
18 | necessary as determined by a physician licensed to practice | ||||||
19 | medicine in all of its branches. | ||||||
20 | All screenings
shall
include a physical breast exam, | ||||||
21 | instruction on self-examination and
information regarding the | ||||||
22 | frequency of self-examination and its value as a
preventative | ||||||
23 | tool. For purposes of this Section, "low-dose mammography" | ||||||
24 | means
the x-ray examination of the breast using equipment | ||||||
25 | dedicated specifically
for mammography, including the x-ray | ||||||
26 | tube, filter, compression device,
and image receptor, with an |
| |||||||
| |||||||
1 | average radiation exposure delivery
of less than one rad per | ||||||
2 | breast for 2 views of an average size breast.
The term also | ||||||
3 | includes digital mammography.
| ||||||
4 | On and after July 1, 2008, screening and diagnostic | ||||||
5 | mammography shall be reimbursed at the same rate as the | ||||||
6 | Medicare program's rates, including the increased | ||||||
7 | reimbursement for digital mammography. | ||||||
8 | The Department shall convene an expert panel including | ||||||
9 | representatives of hospitals, free-standing mammography | ||||||
10 | facilities, and doctors, including radiologists, to establish | ||||||
11 | quality standards. Based on these quality standards, the | ||||||
12 | Department shall provide for bonus payments to mammography | ||||||
13 | facilities meeting the standards for screening and diagnosis. | ||||||
14 | The bonus payments shall be at least 15% higher than the | ||||||
15 | Medicare rates for mammography. | ||||||
16 | Subject to federal approval, the Department shall | ||||||
17 | establish a rate methodology for mammography at federally | ||||||
18 | qualified health centers and other encounter-rate clinics. | ||||||
19 | These clinics or centers may also collaborate with other | ||||||
20 | hospital-based mammography facilities. | ||||||
21 | The Department shall establish a methodology to remind | ||||||
22 | women who are age-appropriate for screening mammography, but | ||||||
23 | who have not received a mammogram within the previous 18 | ||||||
24 | months, of the importance and benefit of screening mammography. | ||||||
25 | The Department shall establish a performance goal for | ||||||
26 | primary care providers with respect to their female patients |
| |||||||
| |||||||
1 | over age 40 receiving an annual mammogram. This performance | ||||||
2 | goal shall be used to provide additional reimbursement in the | ||||||
3 | form of a quality performance bonus to primary care providers | ||||||
4 | who meet that goal. | ||||||
5 | The Department shall devise a means of case-managing or | ||||||
6 | patient navigation for beneficiaries diagnosed with breast | ||||||
7 | cancer. This program shall initially operate as a pilot program | ||||||
8 | in areas of the State with the highest incidence of mortality | ||||||
9 | related to breast cancer. At least one pilot program site shall | ||||||
10 | be in the metropolitan Chicago area and at least one site shall | ||||||
11 | be outside the metropolitan Chicago area. An evaluation of the | ||||||
12 | pilot program shall be carried out measuring health outcomes | ||||||
13 | and cost of care for those served by the pilot program compared | ||||||
14 | to similarly situated patients who are not served by the pilot | ||||||
15 | program. | ||||||
16 | Any medical or health care provider shall immediately | ||||||
17 | recommend, to
any pregnant woman who is being provided prenatal | ||||||
18 | services and is suspected
of drug abuse or is addicted as | ||||||
19 | defined in the Alcoholism and Other Drug Abuse
and Dependency | ||||||
20 | Act, referral to a local substance abuse treatment provider
| ||||||
21 | licensed by the Department of Human Services or to a licensed
| ||||||
22 | hospital which provides substance abuse treatment services. | ||||||
23 | The Department of Healthcare and Family Services
shall assure | ||||||
24 | coverage for the cost of treatment of the drug abuse or
| ||||||
25 | addiction for pregnant recipients in accordance with the | ||||||
26 | Illinois Medicaid
Program in conjunction with the Department of |
| |||||||
| |||||||
1 | Human Services.
| ||||||
2 | All medical providers providing medical assistance to | ||||||
3 | pregnant women
under this Code shall receive information from | ||||||
4 | the Department on the
availability of services under the Drug | ||||||
5 | Free Families with a Future or any
comparable program providing | ||||||
6 | case management services for addicted women,
including | ||||||
7 | information on appropriate referrals for other social services
| ||||||
8 | that may be needed by addicted women in addition to treatment | ||||||
9 | for addiction.
| ||||||
10 | The Illinois Department, in cooperation with the | ||||||
11 | Departments of Human
Services (as successor to the Department | ||||||
12 | of Alcoholism and Substance
Abuse) and Public Health, through a | ||||||
13 | public awareness campaign, may
provide information concerning | ||||||
14 | treatment for alcoholism and drug abuse and
addiction, prenatal | ||||||
15 | health care, and other pertinent programs directed at
reducing | ||||||
16 | the number of drug-affected infants born to recipients of | ||||||
17 | medical
assistance.
| ||||||
18 | Neither the Department of Healthcare and Family Services | ||||||
19 | nor the Department of Human
Services shall sanction the | ||||||
20 | recipient solely on the basis of
her substance abuse.
| ||||||
21 | The Illinois Department shall establish such regulations | ||||||
22 | governing
the dispensing of health services under this Article | ||||||
23 | as it shall deem
appropriate. The Department
should
seek the | ||||||
24 | advice of formal professional advisory committees appointed by
| ||||||
25 | the Director of the Illinois Department for the purpose of | ||||||
26 | providing regular
advice on policy and administrative matters, |
| |||||||
| |||||||
1 | information dissemination and
educational activities for | ||||||
2 | medical and health care providers, and
consistency in | ||||||
3 | procedures to the Illinois Department.
| ||||||
4 | Notwithstanding any other provision of law, a health care | ||||||
5 | provider under the medical assistance program may elect, in | ||||||
6 | lieu of receiving direct payment for services provided under | ||||||
7 | that program, to participate in the State Employees Deferred | ||||||
8 | Compensation Plan adopted under Article 24 of the Illinois | ||||||
9 | Pension Code. A health care provider who elects to participate | ||||||
10 | in the plan does not have a cause of action against the State | ||||||
11 | for any damages allegedly suffered by the provider as a result | ||||||
12 | of any delay by the State in crediting the amount of any | ||||||
13 | contribution to the provider's plan account. | ||||||
14 | The Illinois Department may develop and contract with | ||||||
15 | Partnerships of
medical providers to arrange medical services | ||||||
16 | for persons eligible under
Section 5-2 of this Code. | ||||||
17 | Implementation of this Section may be by
demonstration projects | ||||||
18 | in certain geographic areas. The Partnership shall
be | ||||||
19 | represented by a sponsor organization. The Department, by rule, | ||||||
20 | shall
develop qualifications for sponsors of Partnerships. | ||||||
21 | Nothing in this
Section shall be construed to require that the | ||||||
22 | sponsor organization be a
medical organization.
| ||||||
23 | The sponsor must negotiate formal written contracts with | ||||||
24 | medical
providers for physician services, inpatient and | ||||||
25 | outpatient hospital care,
home health services, treatment for | ||||||
26 | alcoholism and substance abuse, and
other services determined |
| |||||||
| |||||||
1 | necessary by the Illinois Department by rule for
delivery by | ||||||
2 | Partnerships. Physician services must include prenatal and
| ||||||
3 | obstetrical care. The Illinois Department shall reimburse | ||||||
4 | medical services
delivered by Partnership providers to clients | ||||||
5 | in target areas according to
provisions of this Article and the | ||||||
6 | Illinois Health Finance Reform Act,
except that:
| ||||||
7 | (1) Physicians participating in a Partnership and | ||||||
8 | providing certain
services, which shall be determined by | ||||||
9 | the Illinois Department, to persons
in areas covered by the | ||||||
10 | Partnership may receive an additional surcharge
for such | ||||||
11 | services.
| ||||||
12 | (2) The Department may elect to consider and negotiate | ||||||
13 | financial
incentives to encourage the development of | ||||||
14 | Partnerships and the efficient
delivery of medical care.
| ||||||
15 | (3) Persons receiving medical services through | ||||||
16 | Partnerships may receive
medical and case management | ||||||
17 | services above the level usually offered
through the | ||||||
18 | medical assistance program.
| ||||||
19 | Medical providers shall be required to meet certain | ||||||
20 | qualifications to
participate in Partnerships to ensure the | ||||||
21 | delivery of high quality medical
services. These | ||||||
22 | qualifications shall be determined by rule of the Illinois
| ||||||
23 | Department and may be higher than qualifications for | ||||||
24 | participation in the
medical assistance program. Partnership | ||||||
25 | sponsors may prescribe reasonable
additional qualifications | ||||||
26 | for participation by medical providers, only with
the prior |
| |||||||
| |||||||
1 | written approval of the Illinois Department.
| ||||||
2 | Nothing in this Section shall limit the free choice of | ||||||
3 | practitioners,
hospitals, and other providers of medical | ||||||
4 | services by clients.
In order to ensure patient freedom of | ||||||
5 | choice, the Illinois Department shall
immediately promulgate | ||||||
6 | all rules and take all other necessary actions so that
provided | ||||||
7 | services may be accessed from therapeutically certified | ||||||
8 | optometrists
to the full extent of the Illinois Optometric | ||||||
9 | Practice Act of 1987 without
discriminating between service | ||||||
10 | providers.
| ||||||
11 | The Department shall apply for a waiver from the United | ||||||
12 | States Health
Care Financing Administration to allow for the | ||||||
13 | implementation of
Partnerships under this Section.
| ||||||
14 | The Illinois Department shall require health care | ||||||
15 | providers to maintain
records that document the medical care | ||||||
16 | and services provided to recipients
of Medical Assistance under | ||||||
17 | this Article. The Illinois Department shall
require health care | ||||||
18 | providers to make available, when authorized by the
patient, in | ||||||
19 | writing, the medical records in a timely fashion to other
| ||||||
20 | health care providers who are treating or serving persons | ||||||
21 | eligible for
Medical Assistance under this Article. All | ||||||
22 | dispensers of medical services
shall be required to maintain | ||||||
23 | and retain business and professional records
sufficient to | ||||||
24 | fully and accurately document the nature, scope, details and
| ||||||
25 | receipt of the health care provided to persons eligible for | ||||||
26 | medical
assistance under this Code, in accordance with |
| |||||||
| |||||||
1 | regulations promulgated by
the Illinois Department. The rules | ||||||
2 | and regulations shall require that proof
of the receipt of | ||||||
3 | prescription drugs, dentures, prosthetic devices and
| ||||||
4 | eyeglasses by eligible persons under this Section accompany | ||||||
5 | each claim
for reimbursement submitted by the dispenser of such | ||||||
6 | medical services.
No such claims for reimbursement shall be | ||||||
7 | approved for payment by the Illinois
Department without such | ||||||
8 | proof of receipt, unless the Illinois Department
shall have put | ||||||
9 | into effect and shall be operating a system of post-payment
| ||||||
10 | audit and review which shall, on a sampling basis, be deemed | ||||||
11 | adequate by
the Illinois Department to assure that such drugs, | ||||||
12 | dentures, prosthetic
devices and eyeglasses for which payment | ||||||
13 | is being made are actually being
received by eligible | ||||||
14 | recipients. Within 90 days after the effective date of
this | ||||||
15 | amendatory Act of 1984, the Illinois Department shall establish | ||||||
16 | a
current list of acquisition costs for all prosthetic devices | ||||||
17 | and any
other items recognized as medical equipment and | ||||||
18 | supplies reimbursable under
this Article and shall update such | ||||||
19 | list on a quarterly basis, except that
the acquisition costs of | ||||||
20 | all prescription drugs shall be updated no
less frequently than | ||||||
21 | every 30 days as required by Section 5-5.12.
| ||||||
22 | The rules and regulations of the Illinois Department shall | ||||||
23 | require
that a written statement including the required opinion | ||||||
24 | of a physician
shall accompany any claim for reimbursement for | ||||||
25 | abortions, or induced
miscarriages or premature births. This | ||||||
26 | statement shall indicate what
procedures were used in providing |
| |||||||
| |||||||
1 | such medical services.
| ||||||
2 | The Illinois Department shall require all dispensers of | ||||||
3 | medical
services, other than an individual practitioner or | ||||||
4 | group of practitioners,
desiring to participate in the Medical | ||||||
5 | Assistance program
established under this Article to disclose | ||||||
6 | all financial, beneficial,
ownership, equity, surety or other | ||||||
7 | interests in any and all firms,
corporations, partnerships, | ||||||
8 | associations, business enterprises, joint
ventures, agencies, | ||||||
9 | institutions or other legal entities providing any
form of | ||||||
10 | health care services in this State under this Article.
| ||||||
11 | The Illinois Department may require that all dispensers of | ||||||
12 | medical
services desiring to participate in the medical | ||||||
13 | assistance program
established under this Article disclose, | ||||||
14 | under such terms and conditions as
the Illinois Department may | ||||||
15 | by rule establish, all inquiries from clients
and attorneys | ||||||
16 | regarding medical bills paid by the Illinois Department, which
| ||||||
17 | inquiries could indicate potential existence of claims or liens | ||||||
18 | for the
Illinois Department.
| ||||||
19 | Enrollment of a vendor that provides non-emergency medical | ||||||
20 | transportation,
defined by the Department by rule,
shall be
| ||||||
21 | conditional for 180 days. During that time, the Department of | ||||||
22 | Healthcare and Family Services may
terminate the vendor's | ||||||
23 | eligibility to participate in the medical assistance
program | ||||||
24 | without cause. That termination of eligibility is not subject | ||||||
25 | to the
Department's hearing process.
| ||||||
26 | The Illinois Department shall establish policies, |
| |||||||
| |||||||
1 | procedures,
standards and criteria by rule for the acquisition, | ||||||
2 | repair and replacement
of orthotic and prosthetic devices and | ||||||
3 | durable medical equipment. Such
rules shall provide, but not be | ||||||
4 | limited to, the following services: (1)
immediate repair or | ||||||
5 | replacement of such devices by recipients without
medical | ||||||
6 | authorization; and (2) rental, lease, purchase or | ||||||
7 | lease-purchase of
durable medical equipment in a | ||||||
8 | cost-effective manner, taking into
consideration the | ||||||
9 | recipient's medical prognosis, the extent of the
recipient's | ||||||
10 | needs, and the requirements and costs for maintaining such
| ||||||
11 | equipment. Such rules shall enable a recipient to temporarily | ||||||
12 | acquire and
use alternative or substitute devices or equipment | ||||||
13 | pending repairs or
replacements of any device or equipment | ||||||
14 | previously authorized for such
recipient by the Department.
| ||||||
15 | The Department shall execute, relative to the nursing home | ||||||
16 | prescreening
project, written inter-agency agreements with the | ||||||
17 | Department of Human
Services and the Department on Aging, to | ||||||
18 | effect the following: (i) intake
procedures and common | ||||||
19 | eligibility criteria for those persons who are receiving
| ||||||
20 | non-institutional services; and (ii) the establishment and | ||||||
21 | development of
non-institutional services in areas of the State | ||||||
22 | where they are not currently
available or are undeveloped.
| ||||||
23 | The Illinois Department shall develop and operate, in | ||||||
24 | cooperation
with other State Departments and agencies and in | ||||||
25 | compliance with
applicable federal laws and regulations, | ||||||
26 | appropriate and effective
systems of health care evaluation and |
| |||||||
| |||||||
1 | programs for monitoring of
utilization of health care services | ||||||
2 | and facilities, as it affects
persons eligible for medical | ||||||
3 | assistance under this Code.
| ||||||
4 | The Illinois Department shall report annually to the | ||||||
5 | General Assembly,
no later than the second Friday in April of | ||||||
6 | 1979 and each year
thereafter, in regard to:
| ||||||
7 | (a) actual statistics and trends in utilization of | ||||||
8 | medical services by
public aid recipients;
| ||||||
9 | (b) actual statistics and trends in the provision of | ||||||
10 | the various medical
services by medical vendors;
| ||||||
11 | (c) current rate structures and proposed changes in | ||||||
12 | those rate structures
for the various medical vendors; and
| ||||||
13 | (d) efforts at utilization review and control by the | ||||||
14 | Illinois Department.
| ||||||
15 | The period covered by each report shall be the 3 years | ||||||
16 | ending on the June
30 prior to the report. The report shall | ||||||
17 | include suggested legislation
for consideration by the General | ||||||
18 | Assembly. The filing of one copy of the
report with the | ||||||
19 | Speaker, one copy with the Minority Leader and one copy
with | ||||||
20 | the Clerk of the House of Representatives, one copy with the | ||||||
21 | President,
one copy with the Minority Leader and one copy with | ||||||
22 | the Secretary of the
Senate, one copy with the Legislative | ||||||
23 | Research Unit, and such additional
copies
with the State | ||||||
24 | Government Report Distribution Center for the General
Assembly | ||||||
25 | as is required under paragraph (t) of Section 7 of the State
| ||||||
26 | Library Act shall be deemed sufficient to comply with this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | Rulemaking authority to implement Public Act 95-1045 this | ||||||
3 | amendatory Act of the 95th General Assembly , if any, is | ||||||
4 | conditioned on the rules being adopted in accordance with all | ||||||
5 | provisions of the Illinois Administrative Procedure Act and all | ||||||
6 | rules and procedures of the Joint Committee on Administrative | ||||||
7 | Rules; any purported rule not so adopted, for whatever reason, | ||||||
8 | is unauthorized. | ||||||
9 | (Source: P.A. 95-331, eff. 8-21-07; 95-520, eff. 8-28-07; | ||||||
10 | 95-1045, eff. 3-27-09; 96-156, eff. 1-1-10; 96-806, eff. | ||||||
11 | 7-1-10; revised 11-4-09.)
|