Full Text of SB2505 95th General Assembly
SB2505ham002 95TH GENERAL ASSEMBLY
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Rep. Lou Lang
Filed: 5/19/2008
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LRB095 18169 DRJ 51036 a |
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| AMENDMENT TO SENATE BILL 2505
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| AMENDMENT NO. ______. Amend Senate Bill 2505, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Children and Family Services Act is amended | 6 |
| by adding Section 5.35 as follows: | 7 |
| (20 ILCS 505/5.35 new) | 8 |
| Sec. 5.35. Residential services; rates. | 9 |
| (a) In this Section, "residential services" means child | 10 |
| care institution care, group home care, independent living | 11 |
| services, and transitional living services that are licensed | 12 |
| and purchased by the Department on behalf of children under the | 13 |
| age of 22 years who are served by the Department and who need | 14 |
| 24-hour residential care due to emotional and behavior problems | 15 |
| and that are services for which the Department has rate-setting | 16 |
| authority. |
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| For the purposes of this Section, "residential services" | 2 |
| does not include (i) residential alcohol and other drug abuse | 3 |
| treatment services or (ii) programs serving children primarily | 4 |
| referred because of a developmental disability or mental health | 5 |
| needs. | 6 |
| (b) The Department shall work with representatives of | 7 |
| residential services providers with which the Department | 8 |
| contracts for residential services and with representatives of | 9 |
| other State agencies that purchase comparable residential | 10 |
| services from agencies for which the Department has | 11 |
| rate-setting authority to develop a performance-based model | 12 |
| for these residential services. Other State agencies shall | 13 |
| include, but not be limited to, the Department of Human | 14 |
| Services, the Department of Juvenile Justice, and the Illinois | 15 |
| State Board of Education. The rate paid by the other State | 16 |
| agencies for comparable residential services shall not be less | 17 |
| than the performance-based rates set by the Department. | 18 |
| (c) The performance-based model to be developed shall | 19 |
| include required program components and a rate-setting | 20 |
| methodology that incorporates the reasonable costs of the | 21 |
| required program components, subject to the provisions and | 22 |
| limitations prescribed in 89 Illinois Administrative Code, | 23 |
| Chapter III, Subchapter c, Part 356, Rate-setting. | 24 |
| (d) Subject to appropriation of required funding, the | 25 |
| Department shall purchase performance-based residential | 26 |
| services beginning July, 1, 2009. |
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| (e) Notwithstanding any other rulemaking authority that | 2 |
| may exist, neither the Governor nor any agency or agency head | 3 |
| under the jurisdiction of the Governor has any authority to | 4 |
| make or promulgate rules to implement or enforce the provisions | 5 |
| of this amendatory Act of the 95th General Assembly. If, | 6 |
| however, the Governor believes that rules are necessary to | 7 |
| implement or enforce the provisions of this amendatory Act of | 8 |
| the 95th General Assembly, the Governor may suggest rules to | 9 |
| the General Assembly by filing them with the Clerk of the House | 10 |
| and 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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| Section 99. Effective date. This Act takes effect July 1, |
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| 2008.".
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