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  of  persons 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) or a 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.