Full Text of HB5254 100th General Assembly
HB5254 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5254 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: |
| 5 ILCS 100/5-45 | from Ch. 127, par. 1005-45 | 20 ILCS 505/45 new | |
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Amends the Children and Family Services Act. Requires the Department of Children and Family Services to increase rates by 7% to purchase services from other agencies that provide professional child welfare services, including intact family services, substitute care services, residential treatment services, transitional living services, and independent living services. Amends the Illinois Administrative Procedure Act to allow the Department of Children and Family Services to adopt emergency rules for specified purposes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Administrative Procedure Act is | 5 | | amended by changing Section 5-45 as follows: | 6 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | 7 | | Sec. 5-45. Emergency rulemaking. | 8 | | (a) "Emergency" means the existence of any situation that | 9 | | any agency
finds reasonably constitutes a threat to the public | 10 | | interest, safety, or
welfare. | 11 | | (b) If any agency finds that an
emergency exists that | 12 | | requires adoption of a rule upon fewer days than
is required by | 13 | | Section 5-40 and states in writing its reasons for that
| 14 | | finding, the agency may adopt an emergency rule without prior | 15 | | notice or
hearing upon filing a notice of emergency rulemaking | 16 | | with the Secretary of
State under Section 5-70. The notice | 17 | | shall include the text of the
emergency rule and shall be | 18 | | published in the Illinois Register. Consent
orders or other | 19 | | court orders adopting settlements negotiated by an agency
may | 20 | | be adopted under this Section. Subject to applicable | 21 | | constitutional or
statutory provisions, an emergency rule | 22 | | becomes effective immediately upon
filing under Section 5-65 or | 23 | | at a stated date less than 10 days
thereafter. The agency's |
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| 1 | | finding and a statement of the specific reasons
for the finding | 2 | | shall be filed with the rule. The agency shall take
reasonable | 3 | | and appropriate measures to make emergency rules known to the
| 4 | | persons who may be affected by them. | 5 | | (c) An emergency rule may be effective for a period of not | 6 | | longer than
150 days, but the agency's authority to adopt an | 7 | | identical rule under Section
5-40 is not precluded. No | 8 | | emergency rule may be adopted more
than once in any 24-month | 9 | | period, except that this limitation on the number
of emergency | 10 | | rules that may be adopted in a 24-month period does not apply
| 11 | | to (i) emergency rules that make additions to and deletions | 12 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 13 | | Public Aid Code or the
generic drug formulary under Section | 14 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 15 | | emergency rules adopted by the Pollution Control
Board before | 16 | | July 1, 1997 to implement portions of the Livestock Management
| 17 | | Facilities Act, (iii) emergency rules adopted by the Illinois | 18 | | Department of Public Health under subsections (a) through (i) | 19 | | of Section 2 of the Department of Public Health Act when | 20 | | necessary to protect the public's health, (iv) emergency rules | 21 | | adopted pursuant to subsection (n) of this Section, (v) | 22 | | emergency rules adopted pursuant to subsection (o) of this | 23 | | Section, or (vi) emergency rules adopted pursuant to subsection | 24 | | (c-5) of this Section. Two or more emergency rules having | 25 | | substantially the same
purpose and effect shall be deemed to be | 26 | | a single rule for purposes of this
Section. |
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| 1 | | (c-5) To facilitate the maintenance of the program of group | 2 | | health benefits provided to annuitants, survivors, and retired | 3 | | employees under the State Employees Group Insurance Act of | 4 | | 1971, rules to alter the contributions to be paid by the State, | 5 | | annuitants, survivors, retired employees, or any combination | 6 | | of those entities, for that program of group health benefits, | 7 | | shall be adopted as emergency rules. The adoption of those | 8 | | rules shall be considered an emergency and necessary for the | 9 | | public interest, safety, and welfare. | 10 | | (d) In order to provide for the expeditious and timely | 11 | | implementation
of the State's fiscal year 1999 budget, | 12 | | emergency rules to implement any
provision of Public Act 90-587 | 13 | | or 90-588
or any other budget initiative for fiscal year 1999 | 14 | | may be adopted in
accordance with this Section by the agency | 15 | | charged with administering that
provision or initiative, | 16 | | except that the 24-month limitation on the adoption
of | 17 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 18 | | do not apply
to rules adopted under this subsection (d). The | 19 | | adoption of emergency rules
authorized by this subsection (d) | 20 | | shall be deemed to be necessary for the
public interest, | 21 | | safety, and welfare. | 22 | | (e) In order to provide for the expeditious and timely | 23 | | implementation
of the State's fiscal year 2000 budget, | 24 | | emergency rules to implement any
provision of Public Act 91-24
| 25 | | or any other budget initiative for fiscal year 2000 may be | 26 | | adopted in
accordance with this Section by the agency charged |
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| 1 | | with administering that
provision or initiative, except that | 2 | | the 24-month limitation on the adoption
of emergency rules and | 3 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 4 | | rules adopted under this subsection (e). The adoption of | 5 | | emergency rules
authorized by this subsection (e) shall be | 6 | | deemed to be necessary for the
public interest, safety, and | 7 | | welfare. | 8 | | (f) In order to provide for the expeditious and timely | 9 | | implementation
of the State's fiscal year 2001 budget, | 10 | | emergency rules to implement any
provision of Public Act 91-712
| 11 | | or any other budget initiative for fiscal year 2001 may be | 12 | | adopted in
accordance with this Section by the agency charged | 13 | | with administering that
provision or initiative, except that | 14 | | the 24-month limitation on the adoption
of emergency rules and | 15 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 16 | | rules adopted under this subsection (f). The adoption of | 17 | | emergency rules
authorized by this subsection (f) shall be | 18 | | deemed to be necessary for the
public interest, safety, and | 19 | | welfare. | 20 | | (g) In order to provide for the expeditious and timely | 21 | | implementation
of the State's fiscal year 2002 budget, | 22 | | emergency rules to implement any
provision of Public Act 92-10
| 23 | | or any other budget initiative for fiscal year 2002 may be | 24 | | adopted in
accordance with this Section by the agency charged | 25 | | with administering that
provision or initiative, except that | 26 | | the 24-month limitation on the adoption
of emergency rules and |
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| 1 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 2 | | rules adopted under this subsection (g). The adoption of | 3 | | emergency rules
authorized by this subsection (g) shall be | 4 | | deemed to be necessary for the
public interest, safety, and | 5 | | welfare. | 6 | | (h) In order to provide for the expeditious and timely | 7 | | implementation
of the State's fiscal year 2003 budget, | 8 | | emergency rules to implement any
provision of Public Act 92-597
| 9 | | or any other budget initiative for fiscal year 2003 may be | 10 | | adopted in
accordance with this Section by the agency charged | 11 | | with administering that
provision or initiative, except that | 12 | | the 24-month limitation on the adoption
of emergency rules and | 13 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 14 | | rules adopted under this subsection (h). The adoption of | 15 | | emergency rules
authorized by this subsection (h) shall be | 16 | | deemed to be necessary for the
public interest, safety, and | 17 | | welfare. | 18 | | (i) In order to provide for the expeditious and timely | 19 | | implementation
of the State's fiscal year 2004 budget, | 20 | | emergency rules to implement any
provision of Public Act 93-20
| 21 | | or any other budget initiative for fiscal year 2004 may be | 22 | | adopted in
accordance with this Section by the agency charged | 23 | | with administering that
provision or initiative, except that | 24 | | the 24-month limitation on the adoption
of emergency rules and | 25 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 26 | | rules adopted under this subsection (i). The adoption of |
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| 1 | | emergency rules
authorized by this subsection (i) shall be | 2 | | deemed to be necessary for the
public interest, safety, and | 3 | | welfare. | 4 | | (j) In order to provide for the expeditious and timely | 5 | | implementation of the provisions of the State's fiscal year | 6 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 7 | | Implementation (Human Services) Act, emergency rules to | 8 | | implement any provision of the Fiscal Year 2005 Budget | 9 | | Implementation (Human Services) Act may be adopted in | 10 | | accordance with this Section by the agency charged with | 11 | | administering that provision, except that the 24-month | 12 | | limitation on the adoption of emergency rules and the | 13 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 14 | | adopted under this subsection (j). The Department of Public Aid | 15 | | may also adopt rules under this subsection (j) necessary to | 16 | | administer the Illinois Public Aid Code and the Children's | 17 | | Health Insurance Program Act. The adoption of emergency rules | 18 | | authorized by this subsection (j) shall be deemed to be | 19 | | necessary for the public interest, safety, and welfare.
| 20 | | (k) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of the State's fiscal year | 22 | | 2006 budget, emergency rules to implement any provision of | 23 | | Public Act 94-48 or any other budget initiative for fiscal year | 24 | | 2006 may be adopted in accordance with this Section by the | 25 | | agency charged with administering that provision or | 26 | | initiative, except that the 24-month limitation on the adoption |
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| 1 | | of emergency rules and the provisions of Sections 5-115 and | 2 | | 5-125 do not apply to rules adopted under this subsection (k). | 3 | | The Department of Healthcare and Family Services may also adopt | 4 | | rules under this subsection (k) necessary to administer the | 5 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 6 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 7 | | Disabled Persons Prescription Drug Discount Program Act (now | 8 | | the Illinois Prescription Drug Discount Program Act), and the | 9 | | Children's Health Insurance Program Act. The adoption of | 10 | | emergency rules authorized by this subsection (k) shall be | 11 | | deemed to be necessary for the public interest, safety, and | 12 | | welfare.
| 13 | | (l) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of the
State's fiscal year | 15 | | 2007 budget, the Department of Healthcare and Family Services | 16 | | may adopt emergency rules during fiscal year 2007, including | 17 | | rules effective July 1, 2007, in
accordance with this | 18 | | subsection to the extent necessary to administer the | 19 | | Department's responsibilities with respect to amendments to | 20 | | the State plans and Illinois waivers approved by the federal | 21 | | Centers for Medicare and Medicaid Services necessitated by the | 22 | | requirements of Title XIX and Title XXI of the federal Social | 23 | | Security Act. The adoption of emergency rules
authorized by | 24 | | this subsection (l) shall be deemed to be necessary for the | 25 | | public interest,
safety, and welfare.
| 26 | | (m) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of the
State's fiscal year | 2 | | 2008 budget, the Department of Healthcare and Family Services | 3 | | may adopt emergency rules during fiscal year 2008, including | 4 | | rules effective July 1, 2008, in
accordance with this | 5 | | subsection to the extent necessary to administer the | 6 | | Department's responsibilities with respect to amendments to | 7 | | the State plans and Illinois waivers approved by the federal | 8 | | Centers for Medicare and Medicaid Services necessitated by the | 9 | | requirements of Title XIX and Title XXI of the federal Social | 10 | | Security Act. The adoption of emergency rules
authorized by | 11 | | this subsection (m) shall be deemed to be necessary for the | 12 | | public interest,
safety, and welfare.
| 13 | | (n) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of the State's fiscal year | 15 | | 2010 budget, emergency rules to implement any provision of | 16 | | Public Act 96-45 or any other budget initiative authorized by | 17 | | the 96th General Assembly for fiscal year 2010 may be adopted | 18 | | in accordance with this Section by the agency charged with | 19 | | administering that provision or initiative. The adoption of | 20 | | emergency rules authorized by this subsection (n) shall be | 21 | | deemed to be necessary for the public interest, safety, and | 22 | | welfare. The rulemaking authority granted in this subsection | 23 | | (n) shall apply only to rules promulgated during Fiscal Year | 24 | | 2010. | 25 | | (o) In order to provide for the expeditious and timely | 26 | | implementation of the provisions of the State's fiscal year |
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| 1 | | 2011 budget, emergency rules to implement any provision of | 2 | | Public Act 96-958 or any other budget initiative authorized by | 3 | | the 96th General Assembly for fiscal year 2011 may be adopted | 4 | | in accordance with this Section by the agency charged with | 5 | | administering that provision or initiative. The adoption of | 6 | | emergency rules authorized by this subsection (o) is deemed to | 7 | | be necessary for the public interest, safety, and welfare. The | 8 | | rulemaking authority granted in this subsection (o) applies | 9 | | only to rules promulgated on or after July 1, 2010 (the | 10 | | effective date of Public Act 96-958) through June 30, 2011. | 11 | | (p) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of Public Act 97-689, | 13 | | emergency rules to implement any provision of Public Act 97-689 | 14 | | may be adopted in accordance with this subsection (p) by the | 15 | | agency charged with administering that provision or | 16 | | initiative. The 150-day limitation of the effective period of | 17 | | emergency rules does not apply to rules adopted under this | 18 | | subsection (p), and the effective period may continue through | 19 | | June 30, 2013. The 24-month limitation on the adoption of | 20 | | emergency rules does not apply to rules adopted under this | 21 | | subsection (p). The adoption of emergency rules authorized by | 22 | | this subsection (p) is deemed to be necessary for the public | 23 | | interest, safety, and welfare. | 24 | | (q) In order to provide for the expeditious and timely | 25 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 26 | | 12 of Public Act 98-104, emergency rules to implement any |
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| 1 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | 2 | | may be adopted in accordance with this subsection (q) by the | 3 | | agency charged with administering that provision or | 4 | | initiative. The 24-month limitation on the adoption of | 5 | | emergency rules does not apply to rules adopted under this | 6 | | subsection (q). The adoption of emergency rules authorized by | 7 | | this subsection (q) is deemed to be necessary for the public | 8 | | interest, safety, and welfare. | 9 | | (r) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of Public Act 98-651, | 11 | | emergency rules to implement Public Act 98-651 may be adopted | 12 | | in accordance with this subsection (r) by the Department of | 13 | | Healthcare and Family Services. The 24-month limitation on the | 14 | | adoption of emergency rules does not apply to rules adopted | 15 | | under this subsection (r). The adoption of emergency rules | 16 | | authorized by this subsection (r) is deemed to be necessary for | 17 | | the public interest, safety, and welfare. | 18 | | (s) In order to provide for the expeditious and timely | 19 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 20 | | the Illinois Public Aid Code, emergency rules to implement any | 21 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 22 | | Public Aid Code may be adopted in accordance with this | 23 | | subsection (s) by the Department of Healthcare and Family | 24 | | Services. The rulemaking authority granted in this subsection | 25 | | (s) shall apply only to those rules adopted prior to July 1, | 26 | | 2015. Notwithstanding any other provision of this Section, any |
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| 1 | | emergency rule adopted under this subsection (s) shall only | 2 | | apply to payments made for State fiscal year 2015. The adoption | 3 | | of emergency rules authorized by this subsection (s) is deemed | 4 | | to be necessary for the public interest, safety, and welfare. | 5 | | (t) In order to provide for the expeditious and timely | 6 | | implementation of the provisions of Article II of Public Act | 7 | | 99-6, emergency rules to implement the changes made by Article | 8 | | II of Public Act 99-6 to the Emergency Telephone System Act may | 9 | | be adopted in accordance with this subsection (t) by the | 10 | | Department of State Police. The rulemaking authority granted in | 11 | | this subsection (t) shall apply only to those rules adopted | 12 | | prior to July 1, 2016. The 24-month limitation on the adoption | 13 | | of emergency rules does not apply to rules adopted under this | 14 | | subsection (t). The adoption of emergency rules authorized by | 15 | | this subsection (t) is deemed to be necessary for the public | 16 | | interest, safety, and welfare. | 17 | | (u) In order to provide for the expeditious and timely | 18 | | implementation of the provisions of the Burn Victims Relief | 19 | | Act, emergency rules to implement any provision of the Act may | 20 | | be adopted in accordance with this subsection (u) by the | 21 | | Department of Insurance. The rulemaking authority granted in | 22 | | this subsection (u) shall apply only to those rules adopted | 23 | | prior to December 31, 2015. The adoption of emergency rules | 24 | | authorized by this subsection (u) is deemed to be necessary for | 25 | | the public interest, safety, and welfare. | 26 | | (v) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of Public Act 99-516, | 2 | | emergency rules to implement Public Act 99-516 may be adopted | 3 | | in accordance with this subsection (v) by the Department of | 4 | | Healthcare and Family Services. The 24-month limitation on the | 5 | | adoption of emergency rules does not apply to rules adopted | 6 | | under this subsection (v). The adoption of emergency rules | 7 | | authorized by this subsection (v) is deemed to be necessary for | 8 | | the public interest, safety, and welfare. | 9 | | (w) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of Public Act 99-796, | 11 | | emergency rules to implement the changes made by Public Act | 12 | | 99-796 may be adopted in accordance with this subsection (w) by | 13 | | the Adjutant General. The adoption of emergency rules | 14 | | authorized by this subsection (w) is deemed to be necessary for | 15 | | the public interest, safety, and welfare. | 16 | | (x) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of Public Act 99-906, | 18 | | emergency rules to implement subsection (i) of Section 16-115D, | 19 | | subsection (g) of Section 16-128A, and subsection (a) of | 20 | | Section 16-128B of the Public Utilities Act may be adopted in | 21 | | accordance with this subsection (x) by the Illinois Commerce | 22 | | Commission. The rulemaking authority granted in this | 23 | | subsection (x) shall apply only to those rules adopted within | 24 | | 180 days after June 1, 2017 (the effective date of Public Act | 25 | | 99-906). The adoption of emergency rules authorized by this | 26 | | subsection (x) is deemed to be necessary for the public |
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| 1 | | interest, safety, and welfare. | 2 | | (y) In order to provide for the expeditious and timely | 3 | | implementation of the provisions of this amendatory Act of the | 4 | | 100th General Assembly, emergency rules to implement the | 5 | | changes made by this amendatory Act of the 100th General | 6 | | Assembly to Section 4.02 of the Illinois Act on Aging, Sections | 7 | | 5.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30 | 8 | | of the Alcoholism and Other Drug Abuse and Dependency Act, and | 9 | | Sections 74 and 75 of the Mental Health and Developmental | 10 | | Disabilities Administrative Act may be adopted in accordance | 11 | | with this subsection (y) by the respective Department. The | 12 | | adoption of emergency rules authorized by this subsection (y) | 13 | | is deemed to be necessary for the public interest, safety, and | 14 | | welfare. | 15 | | (z) In order to provide for the expeditious and timely | 16 | | implementation of the provisions of this amendatory Act of the | 17 | | 100th General Assembly, emergency rules to implement the | 18 | | changes made by this amendatory Act of the 100th General | 19 | | Assembly to Section 4.7 of the Lobbyist Registration Act may be | 20 | | adopted in accordance with this subsection (z) by the Secretary | 21 | | of State. The adoption of emergency rules authorized by this | 22 | | subsection (z) is deemed to be necessary for the public | 23 | | interest, safety, and welfare. | 24 | | (aa) In order to provide for the expeditious and timely | 25 | | implementation of the provisions of this amendatory Act of the | 26 | | 100th General Assembly, emergency rules to implement the |
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| 1 | | changes made by this amendatory Act of the 100th General | 2 | | Assembly to Section 45 of the Children and Family Services Act | 3 | | may be adopted in accordance with this subsection (aa) by the | 4 | | Department of Children and Family Services. The adoption of | 5 | | emergency rules authorized by this subsection (aa) is deemed to | 6 | | be necessary for the public interest, safety, and welfare. | 7 | | (Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143, | 8 | | eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16; | 9 | | 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17; | 10 | | 100-23, eff. 7-6-17; 100-554, eff. 11-16-17.) | 11 | | Section 10. The Children and Family Services Act is amended | 12 | | by adding Section 45 as follows: | 13 | | (20 ILCS 505/45 new) | 14 | | Sec. 45. Rate increase. Within 30 days after the effective | 15 | | date of this amendatory Act of the 100th General Assembly, the | 16 | | Department of Children and Family Services shall increase rates | 17 | | by 7% to purchase services from other agencies that provide | 18 | | professional child welfare services, including intact family | 19 | | services, substitute care services, residential treatment | 20 | | services, transitional living services, and independent living | 21 | | services. The Department shall adopt rules, including | 22 | | emergency rules under subsection (aa) of Section 5-45 of the | 23 | | Illinois Administrative Procedure Act, to implement the | 24 | | provisions of this Section.
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