Full Text of HB5492 95th General Assembly
HB5492ham001 95TH GENERAL ASSEMBLY
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Human Services Committee
Filed: 3/12/2008
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09500HB5492ham001 |
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LRB095 15957 DRJ 47315 a |
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| AMENDMENT TO HOUSE BILL 5492
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| AMENDMENT NO. ______. Amend House Bill 5492 on page 1, | 3 |
| after line 3, by inserting the following:
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| "Section 2. The Department of Public Health Powers and | 5 |
| Duties Law of the
Civil Administrative Code of Illinois is | 6 |
| amended by changing Section 2310-130 as follows:
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| (20 ILCS 2310/2310-130) (was 20 ILCS 2310/55.82)
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| Sec. 2310-130. Medicare or Medicaid certification fee; | 9 |
| investigation fee;
Health Care Facility and Program Survey
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| Fund. To establish and charge a fee to any facility or program | 11 |
| applying to be
certified to participate in the Medicare
program | 12 |
| under Title XVIII of the federal Social Security Act or in the | 13 |
| Medicaid
program under Title XIX of the federal Social Security | 14 |
| Act to cover the costs
associated with the application, | 15 |
| inspection, and survey of the facility or
program and | 16 |
| processing of the application. The Department shall establish
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LRB095 15957 DRJ 47315 a |
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| the
fee by rule, and the fee shall be based only on those | 2 |
| application,
inspection,
and survey and processing costs not | 3 |
| reimbursed to the State by the federal
government. The fee | 4 |
| shall be paid by the facility or program before the
application | 5 |
| is processed.
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| To charge a fee to any Freestanding Emergency Center | 7 |
| licensed under Section 32.5 of the Emergency Medical Services | 8 |
| (EMS) Systems Act or to any hospital licensed under the | 9 |
| Hospital Licensing Act to cover the cost of an investigation of | 10 |
| allegations of abuse or neglect of a vulnerable adult conducted | 11 |
| under Section 32.6 of the Emergency Medical Services (EMS) | 12 |
| Systems Act or Section 9.6 of the Hospital Licensing Act. The | 13 |
| fee shall be paid by the Freestanding Emergency Center or | 14 |
| hospital upon the conclusion of the Department's | 15 |
| investigation. | 16 |
| The fees received by the Department under this Section | 17 |
| shall be
deposited into the Health Care Facility and Program | 18 |
| Survey Fund, which is
hereby created as a special fund in the | 19 |
| State treasury. Moneys in the Fund
shall be appropriated to the | 20 |
| Department and may be used for any costs incurred
by the | 21 |
| Department, including personnel costs, in the processing of
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| applications for Medicare or Medicaid certification or in the | 23 |
| investigation of allegations of abuse or neglect of a | 24 |
| vulnerable adult under Section 32.6 of the Emergency Medical | 25 |
| Services (EMS) Systems Act or Section 9.6 of the Hospital | 26 |
| Licensing Act . |
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LRB095 15957 DRJ 47315 a |
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| Notwithstanding any other rulemaking authority that may | 2 |
| exist, neither the Governor nor any agency or agency head under | 3 |
| the jurisdiction of the Governor has any authority to make or | 4 |
| promulgate rules to implement or enforce the provisions of this | 5 |
| amendatory Act of the 95th General Assembly. If, however, the | 6 |
| Governor believes that rules are necessary to implement or | 7 |
| enforce the provisions of this amendatory Act of the 95th | 8 |
| General Assembly, the Governor may suggest rules to the General | 9 |
| Assembly by filing them with the Clerk of the House and | 10 |
| Secretary of the Senate and by requesting that the General | 11 |
| Assembly authorize such rulemaking by law, enact those | 12 |
| suggested rules into law, or take any other appropriate action | 13 |
| in the General Assembly's discretion. Nothing contained in this | 14 |
| amendatory Act of the 95th General Assembly shall be | 15 |
| interpreted to grant rulemaking authority under any other | 16 |
| Illinois statute where such authority is not otherwise | 17 |
| explicitly given. For the purposes of this amendatory Act of | 18 |
| the 95th General Assembly, "rules" is given the meaning | 19 |
| contained in Section 1-70 of the Illinois Administrative | 20 |
| Procedure Act, and "agency" and "agency head" are given the | 21 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 22 |
| Administrative Procedure Act to the extent that such | 23 |
| definitions apply to agencies or agency heads under the | 24 |
| jurisdiction of the Governor.
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| (Source: P.A. 91-239, eff. 1-1-00.)"; and
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LRB095 15957 DRJ 47315 a |
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| on page 3, line 23, after the period, by inserting the | 2 |
| following: " Upon completing an investigation under this | 3 |
| subsection, the Department shall incorporate its findings into | 4 |
| any report it prepares in connection with certifying the FEC | 5 |
| for participation in the Medicare
program under Title XVIII of | 6 |
| the federal Social Security Act or in the Medicaid
program | 7 |
| under Title XIX of the federal Social Security Act; this action | 8 |
| is in addition to any action the Department may take with | 9 |
| respect to the FEC's licensure under this Act based on those | 10 |
| findings. "; and | 11 |
| on page 4, after line 24, by inserting the following: | 12 |
| " (i) Notwithstanding any other rulemaking authority that | 13 |
| may exist, neither the Governor nor any agency or agency head | 14 |
| under the jurisdiction of the Governor has any authority to | 15 |
| make or promulgate rules to implement or enforce the provisions | 16 |
| of this amendatory Act of the 95th General Assembly. If, | 17 |
| however, the Governor believes that rules are necessary to | 18 |
| implement or enforce the provisions of this amendatory Act of | 19 |
| the 95th General Assembly, the Governor may suggest rules to | 20 |
| the General Assembly by filing them with the Clerk of the House | 21 |
| and Secretary of the Senate and by requesting that the General | 22 |
| Assembly authorize such rulemaking by law, enact those | 23 |
| suggested rules into law, or take any other appropriate action | 24 |
| in the General Assembly's discretion. Nothing contained in this | 25 |
| amendatory Act of the 95th General Assembly shall be |
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09500HB5492ham001 |
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LRB095 15957 DRJ 47315 a |
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| interpreted to grant rulemaking authority under any other | 2 |
| Illinois statute where such authority is not otherwise | 3 |
| explicitly given. For the purposes of this amendatory Act of | 4 |
| the 95th General Assembly, "rules" is given the meaning | 5 |
| contained in Section 1-70 of the Illinois Administrative | 6 |
| Procedure Act, and "agency" and "agency head" are given the | 7 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 8 |
| Administrative Procedure Act to the extent that such | 9 |
| definitions apply to agencies or agency heads under the | 10 |
| jurisdiction of the Governor. "; and | 11 |
| on page 5, line 11, before the period, by inserting the | 12 |
| following: | 13 |
| " . Upon completing an investigation under this Section, the | 14 |
| Department shall incorporate its findings into any report it | 15 |
| prepares in connection with certifying the hospital for | 16 |
| participation in the Medicare
program under Title XVIII of the | 17 |
| federal Social Security Act or in the Medicaid
program under | 18 |
| Title XIX of the federal Social Security Act; this action is in | 19 |
| addition to any action the Department may take with respect to | 20 |
| the hospital's licensure under this Act based on those | 21 |
| findings"; and | 22 |
| on page 5, after line 24, by inserting the following: | 23 |
| " Notwithstanding any other rulemaking authority that may | 24 |
| exist, neither the Governor nor any agency or agency head under |
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09500HB5492ham001 |
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LRB095 15957 DRJ 47315 a |
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| the jurisdiction of the Governor has any authority to make or | 2 |
| promulgate rules to implement or enforce the provisions of this | 3 |
| amendatory Act of the 95th General Assembly. If, however, the | 4 |
| Governor believes that rules are necessary to implement or | 5 |
| enforce the provisions of this amendatory Act of the 95th | 6 |
| General Assembly, the Governor may suggest rules to the General | 7 |
| Assembly by filing them with the Clerk of the House and | 8 |
| Secretary of the Senate and by requesting that the General | 9 |
| Assembly authorize such rulemaking by law, enact those | 10 |
| suggested rules into law, or take any other appropriate action | 11 |
| in the General Assembly's discretion. Nothing contained in this | 12 |
| amendatory Act of the 95th General Assembly shall be | 13 |
| interpreted to grant rulemaking authority under any other | 14 |
| Illinois statute where such authority is not otherwise | 15 |
| explicitly given. For the purposes of this amendatory Act of | 16 |
| the 95th General Assembly, "rules" is given the meaning | 17 |
| contained in Section 1-70 of the Illinois Administrative | 18 |
| Procedure Act, and "agency" and "agency head" are given the | 19 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 20 |
| Administrative Procedure Act to the extent that such | 21 |
| definitions apply to agencies or agency heads under the | 22 |
| jurisdiction of the Governor. "; and | 23 |
| on page 8, line 13, after the period, by inserting the | 24 |
| following: " Upon completing an investigation under this | 25 |
| subsection, the Department shall incorporate its findings into |
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LRB095 15957 DRJ 47315 a |
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| any report it prepares in connection with certifying the | 2 |
| hospital for participation in the Medicare
program under Title | 3 |
| XVIII of the federal Social Security Act or in the Medicaid
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| program under Title XIX of the federal Social Security Act; | 5 |
| this action is in addition to any action the Department may | 6 |
| take with respect to the hospital's licensure under this Act | 7 |
| based on those findings. "; and | 8 |
| on page 9, after line 15, by inserting the following: | 9 |
| " (i) Notwithstanding any other rulemaking authority that | 10 |
| may exist, neither the Governor nor any agency or agency head | 11 |
| under the jurisdiction of the Governor has any authority to | 12 |
| make or promulgate rules to implement or enforce the provisions | 13 |
| of this amendatory Act of the 95th General Assembly. If, | 14 |
| however, the Governor believes that rules are necessary to | 15 |
| implement or enforce the provisions of this amendatory Act of | 16 |
| the 95th General Assembly, the Governor may suggest rules to | 17 |
| the General Assembly by filing them with the Clerk of the House | 18 |
| and Secretary of the Senate and by requesting that the General | 19 |
| Assembly authorize such rulemaking by law, enact those | 20 |
| suggested rules into law, or take any other appropriate action | 21 |
| in the General Assembly's discretion. Nothing contained in this | 22 |
| amendatory Act of the 95th General Assembly shall be | 23 |
| interpreted to grant rulemaking authority under any other | 24 |
| Illinois statute where such authority is not otherwise | 25 |
| explicitly given. For the purposes of this amendatory Act of |
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09500HB5492ham001 |
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LRB095 15957 DRJ 47315 a |
|
| 1 |
| the 95th General Assembly, "rules" is given the meaning | 2 |
| contained in Section 1-70 of the Illinois Administrative | 3 |
| Procedure Act, and "agency" and "agency head" are given the | 4 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 5 |
| Administrative Procedure Act to the extent that such | 6 |
| definitions apply to agencies or agency heads under the | 7 |
| jurisdiction of the Governor. ".
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