HB5580 Engrossed LRB095 18284 DRJ 44368 b

1     AN ACT concerning regulation.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Nursing Home Care Act is amended by adding
5 Section 3-217 as follows:
6     (210 ILCS 45/3-217 new)
7     Sec. 3-217. Quality Assurance Review. The Department may
8 develop a program to collaborate with facilities on quality
9 assurance issues. The Department may seek all necessary waivers
10 of federal requirements to permit the full implementation of
11 the program. Implementation of the program is subject to the
12 availability of funding for that purpose.
13     Notwithstanding any other rulemaking authority that may
14 exist, neither the Governor nor any agency or agency head under
15 the jurisdiction of the Governor has any authority to make or
16 promulgate rules to implement or enforce the provisions of this
17 amendatory Act of the 95th General Assembly. If, however, the
18 Governor believes that rules are necessary to implement or
19 enforce the provisions of this amendatory Act of the 95th
20 General Assembly, the Governor may suggest rules to the General
21 Assembly by filing them with the Clerk of the House and
22 Secretary of the Senate and by requesting that the General
23 Assembly authorize such rulemaking by law, enact those



HB5580 Engrossed - 2 - LRB095 18284 DRJ 44368 b

1 suggested rules into law, or take any other appropriate action
2 in the General Assembly's discretion. Nothing contained in this
3 amendatory Act of the 95th General Assembly shall be
4 interpreted to grant rulemaking authority under any other
5 Illinois statute where such authority is not otherwise
6 explicitly given. For the purposes of this amendatory Act of
7 the 95th General Assembly, "rules" is given the meaning
8 contained in Section 1-70 of the Illinois Administrative
9 Procedure Act, and "agency" and "agency head" are given the
10 meanings contained in Sections 1-20 and 1-25 of the Illinois
11 Administrative Procedure Act to the extent that such
12 definitions apply to agencies or agency heads under the
13 jurisdiction of the Governor.
14     Section 99. Effective date. This Act takes effect upon
15 becoming law.