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92_HB3381 LRB9206615WHmb 1 AN ACT concerning 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 Administrative Procedure Act is 5 amended by changing Section 10-65 as follows: 6 (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65) 7 Sec. 10-65. Licenses. 8 (a) When any licensing is required by law to be preceded 9 by notice and an opportunity for a hearing, the provisions of 10 this Act concerning contested cases shall apply. 11 (b) When a licensee has made timely and sufficient 12 application for the renewal of a license or a new license 13 with reference to any activity of a continuing nature, the 14 existing license shall continue in full force and effect 15 until the final agency decision on the application has been 16 made unless a later date is fixed by order of a reviewing 17 court. 18 (c) An application for the renewal of a license or a new 19 license shall include the applicant's social security number. 20 Each agency shall require the licensee to certify on the 21 application form, under penalty of perjury, that he or she is 22 not more than 30 days delinquent in complying with a child 23 support order. Every application shall state that failure to 24 so certify shall result in disciplinary action, and that 25 making a false statement may subject the licensee to contempt 26 of court. The agency shall notify each applicant or licensee 27 who acknowledges a delinquency or who, contrary to his or her 28 certification, is found to be delinquent or who after 29 receiving notice, fails to comply with a subpoena or warrant 30 relating to a paternity or a child support proceeding, that 31 the agency intends to take disciplinary action. Accordingly, -2- LRB9206615WHmb 1 the agency shall provide written notice of the facts or 2 conduct upon which the agency will rely to support its 3 proposed action and the applicant or licensee shall be given 4 an opportunity for a hearing in accordance with the 5 provisions of the Act concerning contested cases. Any 6 delinquency in complying with a child support order can be 7 remedied by arranging for payment of past due and current 8 support. Any failure to comply with a subpoena or warrant 9 relating to a paternity or child support proceeding can be 10 remedied by complying with the subpoena or warrant. Upon a 11 final finding of delinquency or failure to comply with a 12 subpoena or warrant, the agency shall suspend, revoke, or 13 refuse to issue or renew the license. In cases in which the 14 Department of Human ServicesPublic Aidhas previously 15 determined that an applicant or a licensee is more than 30 16 days delinquent in the payment of child support and has 17 subsequently certified the delinquency to the licensing 18 agency, and in cases in which a court has previously 19 determined that an applicant or licensee has been in 20 violation of the Non-Support Punishment Act for more than 60 21 days, the licensing agency shall refuse to issue or renew or 22 shall revoke or suspend that person's license based solely 23 upon the certification of delinquency made by the Department 24 of Human ServicesPublic Aidor the certification of 25 violation made by the court. Further process, hearings, or 26 redetermination of the delinquency or violation by the 27 licensing agency shall not be required. The licensing 28 agency may issue or renew a license if the licensee has 29 arranged for payment of past and current child support 30 obligations in a manner satisfactory to the Department of 31 Human ServicesPublic Aidor the court. The licensing agency 32 may impose conditions, restrictions, or disciplinary action 33 upon that license. 34 (d) Except as provided in subsection (c), no agency -3- LRB9206615WHmb 1 shall revoke, suspend, annul, withdraw, amend materially, or 2 refuse to renew any valid license without first giving 3 written notice to the licensee of the facts or conduct upon 4 which the agency will rely to support its proposed action and 5 an opportunity for a hearing in accordance with the 6 provisions of this Act concerning contested cases. At the 7 hearing, the licensee shall have the right to show compliance 8 with all lawful requirements for the retention, continuation, 9 or renewal of the license. If, however, the agency finds 10 that the public interest, safety, or welfare imperatively 11 requires emergency action, and if the agency incorporates a 12 finding to that effect in its order, summary suspension of a 13 license may be ordered pending proceedings for revocation or 14 other action. Those proceedings shall be promptly instituted 15 and determined. 16 (e) Any application for renewal of a license that 17 contains required and relevant information, data, material, 18 or circumstances that were not contained in an application 19 for the existing license shall be subject to the provisions 20 of subsection (a). 21 (Source: P.A. 90-18, eff. 7-1-99; 91-613, eff. 10-1-99.) 22 Section 10. The Freedom of Information Act is amended by 23 changing Section 7.1 as follows: 24 (5 ILCS 140/7.1) (from Ch. 116, par. 207.1) 25 Sec. 7.1. Nothing in this Act shall be construed to 26 prohibit publication and dissemination by theDepartment of27Public Aid or theDepartment of Human Services of the names 28 and addresses of entities which have had receipt of benefits 29 or payments under the Illinois Public Aid Code suspended or 30 terminated or future receipt barred, pursuant to Section 31 11-26 of that Code. 32 (Source: P.A. 89-507, eff. 7-1-97.) -4- LRB9206615WHmb 1 Section 15. The Intergovernmental Cooperation Act is 2 amended by changing Section 3 as follows: 3 (5 ILCS 220/3) (from Ch. 127, par. 743) 4 Sec. 3. Intergovernmental cooperation. Any power or 5 powers, privileges, functions, or authority exercised or 6 which may be exercised by a public agency of this State may 7 be exercised, combined, transferred, and enjoyed jointly with 8 any other public agency of this State and jointly with any 9 public agency of any other state or of the United States to 10 the extent that laws of such other state or of the United 11 States do not prohibit joint exercise or enjoyment and except 12 where specifically and expressly prohibited by law. This 13 includes, but is not limited to, (i) arrangements between the 14 Illinois Student Assistance Commission and agencies in other 15 states which issue professional licenses and (ii) agreements 16 between the Illinois Department of Human ServicesPublic Aid17 and public agencies for the establishment and enforcement of 18 child support orders and for the exchange of information that 19 may be necessary for the enforcement of those child support 20 orders. 21 (Source: P.A. 90-18, eff. 7-1-97; 91-298, eff. 7-29-99.) 22 Section 17. The Supported Employees Act is amended by 23 changing Section 4 as follows: 24 (5 ILCS 390/4) (from Ch. 127, par. 3904) 25 Sec. 4. The Department, working with the Department 26Departmentsof Human Servicesand Public Aid, any funder or 27 provider or both, and the Interagency Committee on 28 Handicapped Employees, shall seek the cooperation, assistance 29 and participation of all State agencies in the development 30 and implementation of a supported employment program. It 31 shall be the goal of the program to appoint a minimum of 25 -5- LRB9206615WHmb 1 supported employees to State agency positions prior to June 2 30, 1991. 3 (Source: P.A. 89-507, eff. 7-1-97.) 4 Section 20. The Election Code is amended by changing 5 Sections 1A-15, 4-6.2, 5-16.2, and 6-50.2 as follows: 6 (10 ILCS 5/1A-15) (from Ch. 46, par. 1A-15) 7 Sec. 1A-15. On the request of the Illinois Department of 8 Human ServicesPublic Aid, the State Board of Elections shall 9 provide the Department with tapes, discs, other electronic 10 data or compilations thereof which only provide the name, 11 address and, when available, the Social Security number of 12 registered voters for the purpose of tracing absent parents 13 and the collection of child support. Such information shall 14 be provided at reasonable cost, which shall include the cost 15 of duplication plus 15% for administration. The 16 confidentiality of all information contained on such tapes, 17 discs and other electronic data or combination thereof shall 18 be protected as provided in Section 11-9 of "The Illinois 19 Public Aid Code". 20 (Source: P.A. 85-114.) 21 (10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2) 22 Sec. 4-6.2. (a) The county clerk shall appoint all 23 municipal and township or road district clerks or their duly 24 authorized deputies as deputy registrars who may accept the 25 registration of all qualified residents of their respective 26 municipalities, townships and road districts. A deputy 27 registrar serving as such by virtue of his status as a 28 municipal clerk, or a duly authorized deputy of a municipal 29 clerk, of a municipality the territory of which lies in more 30 than one county may accept the registration of any qualified 31 resident of the municipality, regardless of which county the -6- LRB9206615WHmb 1 resident, municipal clerk or the duly authorized deputy of 2 the municipal clerk lives in. 3 The county clerk shall appoint all precinct 4 committeepersons in the county as deputy registrars who may 5 accept the registration of any qualified resident of the 6 county, except during the 28 days preceding an election. 7 The election authority shall appoint as deputy registrars 8 a reasonable number of employees of the Secretary of State 9 located at driver's license examination stations and 10 designated to the election authority by the Secretary of 11 State who may accept the registration of any qualified 12 residents of the county at any such driver's license 13 examination stations. The appointment of employees of the 14 Secretary of State as deputy registrars shall be made in the 15 manner provided in Section 2-105 of the Illinois Vehicle 16 Code. 17 The county clerk shall appoint each of the following 18 named persons as deputy registrars upon the written request 19 of such persons: 20 1. The chief librarian, or a qualified person 21 designated by the chief librarian, of any public library 22 situated within the election jurisdiction, who may accept 23 the registrations of any qualified resident of the 24 county, at such library. 25 2. The principal, or a qualified person designated 26 by the principal, of any high school, elementary school, 27 or vocational school situated within the election 28 jurisdiction, who may accept the registrations of any 29 qualified resident of the county, at such school. The 30 county clerk shall notify every principal and 31 vice-principal of each high school, elementary school, 32 and vocational school situated within the election 33 jurisdiction of their eligibility to serve as deputy 34 registrars and offer training courses for service as -7- LRB9206615WHmb 1 deputy registrars at conveniently located facilities at 2 least 4 months prior to every election. 3 3. The president, or a qualified person designated 4 by the president, of any university, college, community 5 college, academy or other institution of learning 6 situated within the election jurisdiction, who may accept 7 the registrations of any resident of the county, at such 8 university, college, community college, academy or 9 institution. 10 4. A duly elected or appointed official of a bona 11 fide labor organization, or a reasonable number of 12 qualified members designated by such official, who may 13 accept the registrations of any qualified resident of the 14 county. 15 5. A duly elected or appointed official of a 16 bonafide State civic organization, as defined and 17 determined by rule of the State Board of Elections, or 18 qualified members designated by such official, who may 19 accept the registration of any qualified resident of the 20 county. In determining the number of deputy registrars 21 that shall be appointed, the county clerk shall consider 22 the population of the jurisdiction, the size of the 23 organization, the geographic size of the jurisdiction, 24 convenience for the public, the existing number of deputy 25 registrars in the jurisdiction and their location, the 26 registration activities of the organization and the need 27 to appoint deputy registrars to assist and facilitate the 28 registration of non-English speaking individuals. In no 29 event shall a county clerk fix an arbitrary number 30 applicable to every civic organization requesting 31 appointment of its members as deputy registrars. The 32 State Board of Elections shall by rule provide for 33 certification of bonafide State civic organizations. Such 34 appointments shall be made for a period not to exceed 2 -8- LRB9206615WHmb 1 years, terminating on the first business day of the month 2 following the month of the general election, and shall be 3 valid for all periods of voter registration as provided 4 by this Code during the terms of such appointments. 5 6. The SecretaryDirectorof the Illinois 6 Department of Human ServicesPublic Aid, or a reasonable 7 number of employees designated by the SecretaryDirector8 and located at public aid offices, who may accept the 9 registration of any qualified resident of the county at 10 any such public aid office. 11 7. The Director of the Illinois Department of 12 Employment Security, or a reasonable number of employees 13 designated by the Director and located at unemployment 14 offices, who may accept the registration of any qualified 15 resident of the county at any such unemployment office. 16 8. The president of any corporation as defined by 17 the Business Corporation Act of 1983, or a reasonable 18 number of employees designated by such president, who may 19 accept the registrations of any qualified resident of the 20 county. 21 If the request to be appointed as deputy registrar is 22 denied, the county clerk shall, within 10 days after the date 23 the request is submitted, provide the affected individual or 24 organization with written notice setting forth the specific 25 reasons or criteria relied upon to deny the request to be 26 appointed as deputy registrar. 27 The county clerk may appoint as many additional deputy 28 registrars as he considers necessary. The county clerk shall 29 appoint such additional deputy registrars in such manner that 30 the convenience of the public is served, giving due 31 consideration to both population concentration and area. 32 Some of the additional deputy registrars shall be selected so 33 that there are an equal number from each of the 2 major 34 political parties in the election jurisdiction. The county -9- LRB9206615WHmb 1 clerk, in appointing an additional deputy registrar, shall 2 make the appointment from a list of applicants submitted by 3 the Chairman of the County Central Committee of the 4 applicant's political party. A Chairman of a County Central 5 Committee shall submit a list of applicants to the county 6 clerk by November 30 of each year. The county clerk may 7 require a Chairman of a County Central Committee to furnish a 8 supplemental list of applicants. 9 Deputy registrars may accept registrations at any time 10 other than the 28 day period preceding an election. All 11 persons appointed as deputy registrars shall be registered 12 voters within the county and shall take and subscribe to the 13 following oath or affirmation: 14 "I do solemnly swear (or affirm, as the case may be) that 15 I will support the Constitution of the United States, and the 16 Constitution of the State of Illinois, and that I will 17 faithfully discharge the duties of the office of deputy 18 registrar to the best of my ability and that I will register 19 no person nor cause the registration of any person except 20 upon his personal application before me. 21 ............................ 22 (Signature Deputy Registrar)" 23 This oath shall be administered by the county clerk, or 24 by one of his deputies, or by any person qualified to take 25 acknowledgement of deeds and shall immediately thereafter be 26 filed with the county clerk. 27 Appointments of deputy registrars under this Section, 28 except precinct committeemen, shall be for 2-year terms, 29 commencing on December 1 following the general election of 30 each even-numbered year; except that the terms of the initial 31 appointments shall be until December 1st following the next 32 general election. Appointments of precinct committeemen shall 33 be for 2-year terms commencing on the date of the county 34 convention following the general primary at which they were -10- LRB9206615WHmb 1 elected. The county clerk shall issue a certificate of 2 appointment to each deputy registrar, and shall maintain in 3 his office for public inspection a list of the names of all 4 appointees. 5 (b) The county clerk shall be responsible for training 6 all deputy registrars appointed pursuant to subsection (a), 7 at times and locations reasonably convenient for both the 8 county clerk and such appointees. The county clerk shall be 9 responsible for certifying and supervising all deputy 10 registrars appointed pursuant to subsection (a). Deputy 11 registrars appointed under subsection (a) shall be subject to 12 removal for cause. 13 (c) Completed registration materials under the control 14 of deputy registrars, appointed pursuant to subsection (a), 15 shall be returned to the proper election authority within 7 16 days, except that completed registration materials received 17 by the deputy registrars during the period between the 35th 18 and 29th day preceding an election shall be returned by the 19 deputy registrars to the proper election authority within 48 20 hours after receipt thereof. The completed registration 21 materials received by the deputy registrars on the 29th day 22 preceding an election shall be returned by the deputy 23 registrars within 24 hours after receipt thereof. Unused 24 materials shall be returned by deputy registrars appointed 25 pursuant to paragraph 4 of subsection (a), not later than the 26 next working day following the close of registration. 27 (d) The county clerk shall not be required to provide 28 additional forms to any deputy registrar having more than 200 29 registration forms unaccounted for during the preceding 12 30 month period. 31 (e) No deputy registrar shall engage in any 32 electioneering or the promotion of any cause during the 33 performance of his or her duties. 34 (f) The county clerk shall not be criminally or civilly -11- LRB9206615WHmb 1 liable for the acts or omissions of any deputy registrar. 2 Such deputy registrars shall not be deemed to be employees of 3 the county clerk. 4 (Source: P.A. 89-653, eff. 8-14-96.) 5 (10 ILCS 5/5-16.2) (from Ch. 46, par. 5-16.2) 6 Sec. 5-16.2. (a) The county clerk shall appoint all 7 municipal and township clerks or their duly authorized 8 deputies as deputy registrars who may accept the registration 9 of all qualified residents of their respective counties. A 10 deputy registrar serving as such by virtue of his status as a 11 municipal clerk, or a duly authorized deputy of a municipal 12 clerk, of a municipality the territory of which lies in more 13 than one county may accept the registration of any qualified 14 resident of any county in which the municipality is located, 15 regardless of which county the resident, municipal clerk or 16 the duly authorized deputy of the municipal clerk lives in. 17 The county clerk shall appoint all precinct 18 committeepersons in the county as deputy registrars who may 19 accept the registration of any qualified resident of the 20 county, except during the 28 days preceding an election. 21 The election authority shall appoint as deputy registrars 22 a reasonable number of employees of the Secretary of State 23 located at driver's license examination stations and 24 designated to the election authority by the Secretary of 25 State who may accept the registration of any qualified 26 residents of the county at any such driver's license 27 examination stations. The appointment of employees of the 28 Secretary of State as deputy registrars shall be made in the 29 manner provided in Section 2-105 of the Illinois Vehicle 30 Code. 31 The county clerk shall appoint each of the following 32 named persons as deputy registrars upon the written request 33 of such persons: -12- LRB9206615WHmb 1 1. The chief librarian, or a qualified person 2 designated by the chief librarian, of any public library 3 situated within the election jurisdiction, who may accept 4 the registrations of any qualified resident of the 5 county, at such library. 6 2. The principal, or a qualified person designated 7 by the principal, of any high school, elementary school, 8 or vocational school situated within the election 9 jurisdiction, who may accept the registrations of any 10 resident of the county, at such school. The county clerk 11 shall notify every principal and vice-principal of each 12 high school, elementary school, and vocational school 13 situated within the election jurisdiction of their 14 eligibility to serve as deputy registrars and offer 15 training courses for service as deputy registrars at 16 conveniently located facilities at least 4 months prior 17 to every election. 18 3. The president, or a qualified person designated 19 by the president, of any university, college, community 20 college, academy or other institution of learning 21 situated within the election jurisdiction, who may accept 22 the registrations of any resident of the county, at such 23 university, college, community college, academy or 24 institution. 25 4. A duly elected or appointed official of a bona 26 fide labor organization, or a reasonable number of 27 qualified members designated by such official, who may 28 accept the registrations of any qualified resident of the 29 county. 30 5. A duly elected or appointed official of a bona 31 fide State civic organization, as defined and determined 32 by rule of the State Board of Elections, or qualified 33 members designated by such official, who may accept the 34 registration of any qualified resident of the county. In -13- LRB9206615WHmb 1 determining the number of deputy registrars that shall be 2 appointed, the county clerk shall consider the population 3 of the jurisdiction, the size of the organization, the 4 geographic size of the jurisdiction, convenience for the 5 public, the existing number of deputy registrars in the 6 jurisdiction and their location, the registration 7 activities of the organization and the need to appoint 8 deputy registrars to assist and facilitate the 9 registration of non-English speaking individuals. In no 10 event shall a county clerk fix an arbitrary number 11 applicable to every civic organization requesting 12 appointment of its members as deputy registrars. The 13 State Board of Elections shall by rule provide for 14 certification of bona fide State civic organizations. 15 Such appointments shall be made for a period not to 16 exceed 2 years, terminating on the first business day of 17 the month following the month of the general election, 18 and shall be valid for all periods of voter registration 19 as provided by this Code during the terms of such 20 appointments. 21 6. The SecretaryDirectorof the Illinois 22 Department of Human ServicesPublic Aid, or a reasonable 23 number of employees designated by the SecretaryDirector24 and located at public aid offices, who may accept the 25 registration of any qualified resident of the county at 26 any such public aid office. 27 7. The Director of the Illinois Department of 28 Employment Security, or a reasonable number of employees 29 designated by the Director and located at unemployment 30 offices, who may accept the registration of any qualified 31 resident of the county at any such unemployment office. 32 8. The president of any corporation as defined by 33 the Business Corporation Act of 1983, or a reasonable 34 number of employees designated by such president, who may -14- LRB9206615WHmb 1 accept the registrations of any qualified resident of the 2 county. 3 If the request to be appointed as deputy registrar is 4 denied, the county clerk shall, within 10 days after the date 5 the request is submitted, provide the affected individual or 6 organization with written notice setting forth the specific 7 reasons or criteria relied upon to deny the request to be 8 appointed as deputy registrar. 9 The county clerk may appoint as many additional deputy 10 registrars as he considers necessary. The county clerk shall 11 appoint such additional deputy registrars in such manner that 12 the convenience of the public is served, giving due 13 consideration to both population concentration and area. 14 Some of the additional deputy registrars shall be selected so 15 that there are an equal number from each of the 2 major 16 political parties in the election jurisdiction. The county 17 clerk, in appointing an additional deputy registrar, shall 18 make the appointment from a list of applicants submitted by 19 the Chairman of the County Central Committee of the 20 applicant's political party. A Chairman of a County Central 21 Committee shall submit a list of applicants to the county 22 clerk by November 30 of each year. The county clerk may 23 require a Chairman of a County Central Committee to furnish a 24 supplemental list of applicants. 25 Deputy registrars may accept registrations at any time 26 other than the 28 day period preceding an election. All 27 persons appointed as deputy registrars shall be registered 28 voters within the county and shall take and subscribe to the 29 following oath or affirmation: 30 "I do solemnly swear (or affirm, as the case may be) that 31 I will support the Constitution of the United States, and the 32 Constitution of the State of Illinois, and that I will 33 faithfully discharge the duties of the office of deputy 34 registrar to the best of my ability and that I will register -15- LRB9206615WHmb 1 no person nor cause the registration of any person except 2 upon his personal application before me. 3 ............................... 4 (Signature of Deputy Registrar)" 5 This oath shall be administered by the county clerk, or 6 by one of his deputies, or by any person qualified to take 7 acknowledgement of deeds and shall immediately thereafter be 8 filed with the county clerk. 9 Appointments of deputy registrars under this Section, 10 except precinct committeemen, shall be for 2-year terms, 11 commencing on December 1 following the general election of 12 each even-numbered year, except that the terms of the initial 13 appointments shall be until December 1st following the next 14 general election. Appointments of precinct committeemen 15 shall be for 2-year terms commencing on the date of the 16 county convention following the general primary at which they 17 were elected. The county clerk shall issue a certificate of 18 appointment to each deputy registrar, and shall maintain in 19 his office for public inspection a list of the names of all 20 appointees. 21 (b) The county clerk shall be responsible for training 22 all deputy registrars appointed pursuant to subsection (a), 23 at times and locations reasonably convenient for both the 24 county clerk and such appointees. The county clerk shall be 25 responsible for certifying and supervising all deputy 26 registrars appointed pursuant to subsection (a). Deputy 27 registrars appointed under subsection (a) shall be subject to 28 removal for cause. 29 (c) Completed registration materials under the control 30 of deputy registrars, appointed pursuant to subsection (a), 31 shall be returned to the proper election authority within 7 32 days, except that completed registration materials received 33 by the deputy registrars during the period between the 35th 34 and 29th day preceding an election shall be returned by the -16- LRB9206615WHmb 1 deputy registrars to the proper election authority within 48 2 hours after receipt thereof. The completed registration 3 materials received by the deputy registrars on the 29th day 4 preceding an election shall be returned by the deputy 5 registrars within 24 hours after receipt thereof. Unused 6 materials shall be returned by deputy registrars appointed 7 pursuant to paragraph 4 of subsection (a), not later than the 8 next working day following the close of registration. 9 (d) The county clerk shall not be required to provide 10 additional forms to any deputy registrar having more than 200 11 registration forms unaccounted for during the preceding 12 12 month period. 13 (e) No deputy registrar shall engage in any 14 electioneering or the promotion of any cause during the 15 performance of his or her duties. 16 (f) The county clerk shall not be criminally or civilly 17 liable for the acts or omissions of any deputy registrar. 18 Such deputy registers shall not be deemed to be employees of 19 the county clerk. 20 (Source: P.A. 89-653, eff. 8-14-96.) 21 (10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2) 22 Sec. 6-50.2. (a) The board of election commissioners 23 shall appoint all precinct committeepersons in the election 24 jurisdiction as deputy registrars who may accept the 25 registration of any qualified resident of the election 26 jurisdiction, except during the 28 days preceding an 27 election. 28 The election authority shall appoint as deputy registrars 29 a reasonable number of employees of the Secretary of State 30 located at driver's license examination stations and 31 designated to the election authority by the Secretary of 32 State who may accept the registration of any qualified 33 residents of the county at any such driver's license -17- LRB9206615WHmb 1 examination stations. The appointment of employees of the 2 Secretary of State as deputy registrars shall be made in the 3 manner provided in Section 2-105 of the Illinois Vehicle 4 Code. 5 The board of election commissioners shall appoint each of 6 the following named persons as deputy registrars upon the 7 written request of such persons: 8 1. The chief librarian, or a qualified person 9 designated by the chief librarian, of any public library 10 situated within the election jurisdiction, who may accept 11 the registrations of any qualified resident of the 12 election jurisdiction, at such library. 13 2. The principal, or a qualified person designated 14 by the principal, of any high school, elementary school, 15 or vocational school situated within the election 16 jurisdiction, who may accept the registrations of any 17 resident of the election jurisdiction, at such school. 18 The board of election commissioners shall notify every 19 principal and vice-principal of each high school, 20 elementary school, and vocational school situated in the 21 election jurisdiction of their eligibility to serve as 22 deputy registrars and offer training courses for service 23 as deputy registrars at conveniently located facilities 24 at least 4 months prior to every election. 25 3. The president, or a qualified person designated 26 by the president, of any university, college, community 27 college, academy or other institution of learning 28 situated within the election jurisdiction, who may accept 29 the registrations of any resident of the election 30 jurisdiction, at such university, college, community 31 college, academy or institution. 32 4. A duly elected or appointed official of a bona 33 fide labor organization, or a reasonable number of 34 qualified members designated by such official, who may -18- LRB9206615WHmb 1 accept the registrations of any qualified resident of the 2 election jurisdiction. 3 5. A duly elected or appointed official of a bona 4 fide State civic organization, as defined and determined 5 by rule of the State Board of Elections, or qualified 6 members designated by such official, who may accept the 7 registration of any qualified resident of the election 8 jurisdiction. In determining the number of deputy 9 registrars that shall be appointed, the board of election 10 commissioners shall consider the population of the 11 jurisdiction, the size of the organization, the 12 geographic size of the jurisdiction, convenience for the 13 public, the existing number of deputy registrars in the 14 jurisdiction and their location, the registration 15 activities of the organization and the need to appoint 16 deputy registrars to assist and facilitate the 17 registration of non-English speaking individuals. In no 18 event shall a board of election commissioners fix an 19 arbitrary number applicable to every civic organization 20 requesting appointment of its members as deputy 21 registrars. The State Board of Elections shall by rule 22 provide for certification of bona fide State civic 23 organizations. Such appointments shall be made for a 24 period not to exceed 2 years, terminating on the first 25 business day of the month following the month of the 26 general election, and shall be valid for all periods of 27 voter registration as provided by this Code during the 28 terms of such appointments. 29 6. The SecretaryDirector of the Illinois30Departmentof Human ServicesPublic Aid, or a reasonable 31 number of employees designated by the SecretaryDirector32 and located at public aid offices, who may accept the 33 registration of any qualified resident of the election 34 jurisdiction at any such public aid office. -19- LRB9206615WHmb 1 7. The Director of the Illinois Department of 2 Employment Security, or a reasonable number of employees 3 designated by the Director and located at unemployment 4 offices, who may accept the registration of any qualified 5 resident of the election jurisdiction at any such 6 unemployment office. If the request to be appointed as 7 deputy registrar is denied, the board of election 8 commissioners shall, within 10 days after the date the 9 request is submitted, provide the affected individual or 10 organization with written notice setting forth the 11 specific reasons or criteria relied upon to deny the 12 request to be appointed as deputy registrar. 13 8. The president of any corporation, as defined by 14 the Business Corporation Act of 1983, or a reasonable 15 number of employees designated by such president, who may 16 accept the registrations of any qualified resident of the 17 election jurisdiction. 18 The board of election commissioners may appoint as many 19 additional deputy registrars as it considers necessary. The 20 board of election commissioners shall appoint such additional 21 deputy registrars in such manner that the convenience of the 22 public is served, giving due consideration to both population 23 concentration and area. Some of the additional deputy 24 registrars shall be selected so that there are an equal 25 number from each of the 2 major political parties in the 26 election jurisdiction. The board of election commissioners, 27 in appointing an additional deputy registrar, shall make the 28 appointment from a list of applicants submitted by the 29 Chairman of the County Central Committee of the applicant's 30 political party. A Chairman of a County Central Committee 31 shall submit a list of applicants to the board by November 30 32 of each year. The board may require a Chairman of a County 33 Central Committee to furnish a supplemental list of 34 applicants. -20- LRB9206615WHmb 1 Deputy registrars may accept registrations at any time 2 other than the 28 day period preceding an election. All 3 persons appointed as deputy registrars shall be registered 4 voters within the election jurisdiction and shall take and 5 subscribe to the following oath or affirmation: 6 "I do solemnly swear (or affirm, as the case may be) that 7 I will support the Constitution of the United States, and the 8 Constitution of the State of Illinois, and that I will 9 faithfully discharge the duties of the office of registration 10 officer to the best of my ability and that I will register no 11 person nor cause the registration of any person except upon 12 his personal application before me. 13 .................................... 14 (Signature of Registration Officer)" 15 This oath shall be administered and certified to by one 16 of the commissioners or by the executive director or by some 17 person designated by the board of election commissioners, and 18 shall immediately thereafter be filed with the board of 19 election commissioners. The members of the board of election 20 commissioners and all persons authorized by them under the 21 provisions of this Article to take registrations, after 22 themselves taking and subscribing to the above oath, are 23 authorized to take or administer such oaths and execute such 24 affidavits as are required by this Article. 25 Appointments of deputy registrars under this Section, 26 except precinct committeemen, shall be for 2-year terms, 27 commencing on December 1 following the general election of 28 each even-numbered year, except that the terms of the initial 29 appointments shall be until December 1st following the next 30 general election. Appointments of precinct committeemen shall 31 be for 2-year terms commencing on the date of the county 32 convention following the general primary at which they were 33 elected. The county clerk shall issue a certificate of 34 appointment to each deputy registrar, and shall maintain in -21- LRB9206615WHmb 1 his office for public inspection a list of the names of all 2 appointees. 3 (b) The board of election commissioners shall be 4 responsible for training all deputy registrars appointed 5 pursuant to subsection (a), at times and locations reasonably 6 convenient for both the board of election commissioners and 7 such appointees. The board of election commissioners shall 8 be responsible for certifying and supervising all deputy 9 registrars appointed pursuant to subsection (a). Deputy 10 registrars appointed under subsection (a) shall be subject to 11 removal for cause. 12 (c) Completed registration materials under the control 13 of deputy registrars appointed pursuant to subsection (a) 14 shall be returned to the proper election authority within 7 15 days, except that completed registration materials received 16 by the deputy registrars during the period between the 35th 17 and 29th day preceding an election shall be returned by the 18 deputy registrars to the proper election authority within 48 19 hours after receipt thereof. The completed registration 20 materials received by the deputy registrars on the 29th day 21 preceding an election shall be returned by the deputy 22 registrars within 24 hours after receipt thereof. Unused 23 materials shall be returned by deputy registrars appointed 24 pursuant to paragraph 4 of subsection (a), not later than the 25 next working day following the close of registration. 26 (d) The board of election commissioners shall not be 27 required to provide additional forms to any deputy registrar 28 having more than 200 registration forms unaccounted for 29 during the preceding 12 month period. 30 (e) No deputy registrar shall engage in any 31 electioneering or the promotion of any cause during the 32 performance of his or her duties. 33 (f) The board of election commissioners shall not be 34 criminally or civilly liable for the acts or omissions of any -22- LRB9206615WHmb 1 deputy registrar. Such deputy registrars shall not be deemed 2 to be employees of the board of election commissioners. 3 (Source: P.A. 89-653, eff. 8-14-96.) 4 Section 25. The State Comptroller Act is amended by 5 changing Section 10.05a as follows: 6 (15 ILCS 405/10.05a) (from Ch. 15, par. 210.05a) 7 Sec. 10.05a. Deductions from Warrants and Payments for 8 Satisfaction of Past Due Child Support. At the direction of 9 the Department of Human ServicesPublic Aid, the Comptroller 10 shall deduct from a warrant or other payment described in 11 Section 10.05 of this Act, in accordance with the procedures 12 provided therein, and pay over to the Department or the State 13 Disbursement Unit established under Section 10-26 of the 14 Illinois Public Aid Code, at the direction of the Department, 15 that amount certified as necessary to satisfy, in whole or in 16 part, past due support owed by a person on account of support 17 action being taken by the Department under Article X of the 18 Illinois Public Aid Code, whether or not such support is owed 19 to the State. Such deduction shall have priority over any 20 garnishment except that for payment of state or federal 21 taxes. In the case of joint payees, the Comptroller shall 22 deduct and pay over to the Department or the State 23 Disbursement Unit, as directed by the Department, the entire 24 amount certified. The Comptroller shall provide the 25 Department with the address to which the warrant or other 26 payment was to be mailed and the social security number of 27 each person from whom a deduction is made pursuant to this 28 Section. 29 (Source: P.A. 91-212, eff. 7-20-99; 91-712, eff. 7-1-00.) 30 Section 30. The Civil Administrative Code of Illinois is 31 amended by changing Sections 5-15 and 5-20 as follows: -23- LRB9206615WHmb 1 (20 ILCS 5/5-15) (was 20 ILCS 5/3) 2 Sec. 5-15. Departments of State government. The 3 Departments of State government are created as follows: 4 The Department on Aging. 5 The Department of Agriculture. 6 The Department of Central Management Services. 7 The Department of Children and Family Services. 8 The Department of Commerce and Community Affairs. 9 The Department of Corrections. 10 The Department of Employment Security. 11 The Department of Financial Institutions. 12 The Department of Human Rights. 13 The Department of Human Services. 14 The Department of Insurance. 15 The Department of Labor. 16 The Department of the Lottery. 17 The Department of Natural Resources. 18 The Department of Nuclear Safety. 19 The Department of Professional Regulation. 20The Department of Public Aid.21 The Department of Public Health. 22 The Department of Revenue. 23 The Department of State Police. 24 The Department of Transportation. 25 The Department of Veterans' Affairs. 26 (Source: P.A. 91-239, eff. 1-1-00.) 27 (20 ILCS 5/5-20) (was 20 ILCS 5/4) 28 Sec. 5-20. Heads of departments. Each department shall 29 have an officer as its head who shall be known as director or 30 secretary and who shall, subject to the provisions of the 31 Civil Administrative Code of Illinois, execute the powers and 32 discharge the duties vested by law in his or her respective 33 department. -24- LRB9206615WHmb 1 The following officers are hereby created: 2 Director of Aging, for the Department on Aging. 3 Director of Agriculture, for the Department of 4 Agriculture. 5 Director of Central Management Services, for the 6 Department of Central Management Services. 7 Director of Children and Family Services, for the 8 Department of Children and Family Services. 9 Director of Commerce and Community Affairs, for the 10 Department of Commerce and Community Affairs. 11 Director of Corrections, for the Department of 12 Corrections. 13 Director of Employment Security, for the Department of 14 Employment Security. 15 Director of Financial Institutions, for the Department of 16 Financial Institutions. 17 Director of Human Rights, for the Department of Human 18 Rights. 19 Secretary of Human Services, for the Department of Human 20 Services. 21 Director of Insurance, for the Department of Insurance. 22 Director of Labor, for the Department of Labor. 23 Director of the Lottery, for the Department of the 24 Lottery. 25 Director of Natural Resources, for the Department of 26 Natural Resources. 27 Director of Nuclear Safety, for the Department of Nuclear 28 Safety. 29 Director of Professional Regulation, for the Department 30 of Professional Regulation. 31Director of Public Aid, for the Department of Public Aid.32 Director of Public Health, for the Department of Public 33 Health. 34 Director of Revenue, for the Department of Revenue. -25- LRB9206615WHmb 1 Director of State Police, for the Department of State 2 Police. 3 Secretary of Transportation, for the Department of 4 Transportation. 5 Director of Veterans' Affairs, for the Department of 6 Veterans' Affairs. 7 (Source: P.A. 91-239, eff. 1-1-00.) 8 (20 ILCS 5/5-165 rep.) 9 (20 ILCS 5/5-230 rep.) 10 (20 ILCS 5/5-395 rep.) 11 Section 32. The Civil Administrative Code of Illinois is 12 amended by repealing Sections 5-165, 5-230, and 5-395. 13 Section 35. The Illinois Welfare and Rehabilitation 14 Services Planning Act is amended by changing Section 4 as 15 follows: 16 (20 ILCS 10/4) (from Ch. 127, par. 954) 17 Sec. 4. (a) Plans required by Section 3 shall be 18 prepared by and submitted on behalf of the following State 19 agencies, and may be prepared and submitted by another State 20 Agency designated by the Governor: 21 (1) the Department of Children and Family Services; 22 (2) (blank);the Department of Public Aid;23 (3) the Department of Corrections; 24 (4) the Department of Human Services; 25 (5) (blank); 26 (6) the Department of Aging; 27 (7) the Department of Public Health; 28 (8) the Department of Employment Security. 29 (b) The plans required by Section 3 of this Act shall be 30 co-ordinated with the plan adopted by the Department of Human 31 Services under Sections 48 through 52 of the Mental Health -26- LRB9206615WHmb 1 and Developmental Disabilities Administrative Act and any 2 plan adopted, re-adopted or amended by the Department of 3 Human Services under those Sections shall be coordinated with 4 plans required under Section 3 of this Act. 5 (Source: P.A. 89-507, eff. 7-1-97.) 6 Section 40. The Illinois Act on the Aging is amended by 7 changing Sections 4, 4.02, 4.02b, 4.06, and 8.01 as follows: 8 (20 ILCS 105/4) (from Ch. 23, par. 6104) 9 Sec. 4.There is created the Department on Aging. The 10 Director of the Department on Aging, in conjunction with the 11 SecretaryDirectorof the Department of Human ServicesPublic12Aidshall prepare and implement a plan to transfer all 13 personnel, materials, books, records, appropriations and 14 equipment related to "Services to Older People" in the 15 Department of Human ServicesPublic Aidas described in 16 Article VIII of, "The Illinois Public Aid Code", to the 17 Department on Aging by the effective date of this Act. The 18 Department on Aging shall administer programs related to 19 "Services to Older People", described in Article VIII of, 20 "The Illinois Public Aid Code", on the effective date of this 21 Act. 22 Upon the effective date of this Act, the Department on 23 Aging shall be the single State agency for receiving and 24 disbursing federal funds made available under the "Older 25 Americans Act". 26 (Source: P.A. 78-242.) 27 (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02) 28 Sec. 4.02. The Department shall establish a program of 29 services to prevent unnecessary institutionalization of 30 persons age 60 and older in need of long term care or who are 31 established as persons who suffer from Alzheimer's disease or -27- LRB9206615WHmb 1 a related disorder under the Alzheimer's Disease Assistance 2 Act, thereby enabling them to remain in their own homes or in 3 other living arrangements. Such preventive services, which 4 may be coordinated with other programs for the aged and 5 monitored by area agencies on aging in cooperation with the 6 Department, may include, but are not limited to, any or all 7 of the following: 8 (a) home health services; 9 (b) home nursing services; 10 (c) homemaker services; 11 (d) chore and housekeeping services; 12 (e) day care services; 13 (f) home-delivered meals; 14 (g) education in self-care; 15 (h) personal care services; 16 (i) adult day health services; 17 (j) habilitation services; 18 (k) respite care; 19 (l) other nonmedical social services that may 20 enable the person to become self-supporting; or 21 (m) clearinghouse for information provided by 22 senior citizen home owners who want to rent rooms to or 23 share living space with other senior citizens. 24 The Department shall establish eligibility standards for 25 such services taking into consideration the unique economic 26 and social needs of the target population for whom they are 27 to be provided. Such eligibility standards shall be based on 28 the recipient's ability to pay for services; provided, 29 however, that in determining the amount and nature of 30 services for which a person may qualify, consideration shall 31 not be given to the value of cash, property or other assets 32 held in the name of the person's spouse pursuant to a written 33 agreement dividing marital property into equal but separate 34 shares or pursuant to a transfer of the person's interest in -28- LRB9206615WHmb 1 a home to his spouse, provided that the spouse's share of the 2 marital property is not made available to the person seeking 3 such services. The Department shall, in conjunction with the 4 Department of Human ServicesPublic Aid, seek appropriate 5 amendments under Sections 1915 and 1924 of the Social 6 Security Act. The purpose of the amendments shall be to 7 extend eligibility for home and community based services 8 under Sections 1915 and 1924 of the Social Security Act to 9 persons who transfer to or for the benefit of a spouse those 10 amounts of income and resources allowed under Section 1924 of 11 the Social Security Act. Subject to the approval of such 12 amendments, the Department shall extend the provisions of 13 Section 5-4 of the Illinois Public Aid Code to persons who, 14 but for the provision of home or community-based services, 15 would require the level of care provided in an institution, 16 as is provided for in federal law. Those persons no longer 17 found to be eligible for receiving noninstitutional services 18 due to changes in the eligibility criteria shall be given 60 19 days notice prior to actual termination. Those persons 20 receiving notice of termination may contact the Department 21 and request the determination be appealed at any time during 22 the 60 day notice period. With the exception of the 23 lengthened notice and time frame for the appeal request, the 24 appeal process shall follow the normal procedure. In 25 addition, each person affected regardless of the 26 circumstances for discontinued eligibility shall be given 27 notice and the opportunity to purchase the necessary services 28 through the Community Care Program. If the individual does 29 not elect to purchase services, the Department shall advise 30 the individual of alternative services. The target population 31 identified for the purposes of this Section are persons age 32 60 and older with an identified service need. Priority shall 33 be given to those who are at imminent risk of 34 institutionalization. The services shall be provided to -29- LRB9206615WHmb 1 eligible persons age 60 and older to the extent that the cost 2 of the services together with the other personal maintenance 3 expenses of the persons are reasonably related to the 4 standards established for care in a group facility 5 appropriate to the person's condition. These 6 non-institutional services, pilot projects or experimental 7 facilities may be provided as part of or in addition to those 8 authorized by federal law or those funded and administered by 9 the Department of Human Services. The Departments of Human 10 Services,Public Aid,Public Health, Veterans' Affairs, and 11 Commerce and Community Affairs and other appropriate agencies 12 of State, federal and local governments shall cooperate with 13 the Department on Aging in the establishment and development 14 of the non-institutional services. The Department shall 15 require an annual audit from all chore/housekeeping and 16 homemaker vendors contracting with the Department under this 17 Section. The annual audit shall assure that each audited 18 vendor's procedures are in compliance with Department's 19 financial reporting guidelines requiring a 27% administrative 20 cost split and a 73% employee wages and benefits cost split. 21 The audit is a public record under the Freedom of Information 22 Act. The Department shall execute, relative to the nursing 23 home prescreening project, written inter-agency agreements 24 with the Department of Human Servicesand the Department of25Public Aid, to effect the following: (1) intake procedures 26 and common eligibility criteria for those persons who are 27 receiving non-institutional services; and (2) the 28 establishment and development of non-institutional services 29 in areas of the State where they are not currently available 30 or are undeveloped. On and after July 1, 1996, all nursing 31 home prescreenings for individuals 60 years of age or older 32 shall be conducted by the Department. 33 The Department is authorized to establish a system of 34 recipient copayment for services provided under this Section, -30- LRB9206615WHmb 1 such copayment to be based upon the recipient's ability to 2 pay but in no case to exceed the actual cost of the services 3 provided. Additionally, any portion of a person's income 4 which is equal to or less than the federal poverty standard 5 shall not be considered by the Department in determining the 6 copayment. The level of such copayment shall be adjusted 7 whenever necessary to reflect any change in the officially 8 designated federal poverty standard. 9 The Department, or the Department's authorized 10 representative, shall recover the amount of moneys expended 11 for services provided to or in behalf of a person under this 12 Section by a claim against the person's estate or against the 13 estate of the person's surviving spouse, but no recovery may 14 be had until after the death of the surviving spouse, if any, 15 and then only at such time when there is no surviving child 16 who is under age 21, blind, or permanently and totally 17 disabled. This paragraph, however, shall not bar recovery, 18 at the death of the person, of moneys for services provided 19 to the person or in behalf of the person under this Section 20 to which the person was not entitled; provided that such 21 recovery shall not be enforced against any real estate while 22 it is occupied as a homestead by the surviving spouse or 23 other dependent, if no claims by other creditors have been 24 filed against the estate, or, if such claims have been filed, 25 they remain dormant for failure of prosecution or failure of 26 the claimant to compel administration of the estate for the 27 purpose of payment. This paragraph shall not bar recovery 28 from the estate of a spouse, under Sections 1915 and 1924 of 29 the Social Security Act and Section 5-4 of the Illinois 30 Public Aid Code, who precedes a person receiving services 31 under this Section in death. All moneys for services paid to 32 or in behalf of the person under this Section shall be 33 claimed for recovery from the deceased spouse's estate. 34 "Homestead", as used in this paragraph, means the dwelling -31- LRB9206615WHmb 1 house and contiguous real estate occupied by a surviving 2 spouse or relative, as defined by the rules and regulations 3 of the Illinois Department of Human ServicesPublic Aid, 4 regardless of the value of the property. 5 The Department shall develop procedures to enhance 6 availability of services on evenings, weekends, and on an 7 emergency basis to meet the respite needs of caregivers. 8 Procedures shall be developed to permit the utilization of 9 services in successive blocks of 24 hours up to the monthly 10 maximum established by the Department. Workers providing 11 these services shall be appropriately trained. 12 Beginning on the effective date of this Amendatory Act of 13 1991, no person may perform chore/housekeeping and homemaker 14 services under a program authorized by this Section unless 15 that person has been issued a certificate of pre-service to 16 do so by his or her employing agency. Information gathered 17 to effect such certification shall include (i) the person's 18 name, (ii) the date the person was hired by his or her 19 current employer, and (iii) the training, including dates and 20 levels. Persons engaged in the program authorized by this 21 Section before the effective date of this amendatory Act of 22 1991 shall be issued a certificate of all pre- and in-service 23 training from his or her employer upon submitting the 24 necessary information. The employing agency shall be 25 required to retain records of all staff pre- and in-service 26 training, and shall provide such records to the Department 27 upon request and upon termination of the employer's contract 28 with the Department. In addition, the employing agency is 29 responsible for the issuance of certifications of in-service 30 training completed to their employees. 31 The Department is required to develop a system to ensure 32 that persons working as homemakers and chore housekeepers 33 receive increases in their wages when the federal minimum 34 wage is increased by requiring vendors to certify that they -32- LRB9206615WHmb 1 are meeting the federal minimum wage statute for homemakers 2 and chore housekeepers. An employer that cannot ensure that 3 the minimum wage increase is being given to homemakers and 4 chore housekeepers shall be denied any increase in 5 reimbursement costs. 6 The Department on Aging and the Department of Human 7 Services shall cooperate in the development and submission of 8 an annual report on programs and services provided under this 9 Section. Such joint report shall be filed with the Governor 10 and the General Assembly on or before September 30 each year. 11 The requirement for reporting to the General Assembly 12 shall be satisfied by filing copies of the report with the 13 Speaker, the Minority Leader and the Clerk of the House of 14 Representatives and the President, the Minority Leader and 15 the Secretary of the Senate and the Legislative Research 16 Unit, as required by Section 3.1 of the General Assembly 17 Organization Act and filing such additional copies with the 18 State Government Report Distribution Center for the General 19 Assembly as is required under paragraph (t) of Section 7 of 20 the State Library Act. 21 Those persons previously found eligible for receiving 22 non-institutional services whose services were discontinued 23 under the Emergency Budget Act of Fiscal Year 1992, and who 24 do not meet the eligibility standards in effect on or after 25 July 1, 1992, shall remain ineligible on and after July 1, 26 1992. Those persons previously not required to cost-share 27 and who were required to cost-share effective March 1, 1992, 28 shall continue to meet cost-share requirements on and after 29 July 1, 1992. Beginning July 1, 1992, all clients will be 30 required to meet eligibility, cost-share, and other 31 requirements and will have services discontinued or altered 32 when they fail to meet these requirements. 33 (Source: P.A. 91-303, eff. 1-1-00; 91-798, eff. 7-9-00.) -33- LRB9206615WHmb 1 (20 ILCS 105/4.02b) (from Ch. 23, par. 6104.02b) 2 Sec. 4.02b. Community based residential facilities. The 3 Department may develop criteria for no more than 3 projects 4 to participate in a supported congregate living arrangement 5 demonstration. No other projects may be added to the 6 demonstration unless one of the projects previously approved 7 by the Department and the Illinois Department of Public 8 Health withdraws or is terminated from the demonstration. 9 Each project may serve a maximum of 60 clients, except that 10 one project may be increased to serve a maximum of 175 11 clients upon approval by the Department and the Illinois 12 Department of Public Health. The demonstration may include 13 the use of community-based, multi-day residential facilities. 14 Clients may be served long-term or short-term as a means of 15 relieving family caregivers. Management of these projects 16 may offer or contract for such services to preclude the need 17 for nursing home care; however, projects shall not provide 18 sheltered care, or other nursing home care as defined in the 19 Nursing Home Care Act, unless a wavier is obtained pursuant 20 to Section 3-102.2 of that Act. 21 Supported congregate living arrangements must apply to 22 the Department for participation in the demonstration 23 project. The Department shall develop, in consultation with 24 the Illinois Department of Public Health, criteria for 25 participation in the project. A project shall have one year 26 from the date of approval to become operational. One project 27 must involve the conversion of an existing licensed long-term 28 care facility or portion thereof. If no existing facility 29 applies within one year after the Department begins to accept 30 applications for the pilot project, the Department may select 31 an alternate project that does not involve the conversion of 32 an existing facility. During the period of operation of the 33 demonstration project, the existing licensed beds shall 34 remain licensed as long-term care beds. At the conclusion of -34- LRB9206615WHmb 1 the demonstration project, the beds may revert to long-term 2 care or the facility may choose to seek appropriate approval 3 to continue to operate as an assisted living facility or a 4 similar program as established by law. Upon approval of an 5 application, the Department and the applicant shall submit a 6 joint waiver request to the Department of Public Health 7 pursuant to Section 3-102.2 of the Nursing Home Care Act. If 8 the Department does not act upon an application within 60 9 days, the applicant may file a written waiver request on its 10 own behalf. 11 The Department shall promulgate rules and provide 12 oversight for the project. The Department of Human Services 13Public Aidand the Department of Public Health may offer 14 advice and assistance as needed. 15 The project may be funded through the Department's 16 community care program appropriations that may include 17 medicaid waiver funds available through the Department of 18 Human ServicesPublic Aid. 19 The Department shall report annually to the General 20 Assembly by January 1 upon its activities under this Section. 21 The demonstration project shall terminate when an 22 assisted living or similar client focused residential program 23 is established by law or on June 30, 2001, whichever is 24 earlier. 25 (Source: P.A. 89-530, eff. 7-19-96.) 26 (20 ILCS 105/4.06) 27 Sec. 4.06. Minority Senior Citizen Program. The 28 Department shall develop a program to identify the special 29 needs and problems of minority senior citizens and evaluate 30 the adequacy and accessibility of existing programs and 31 information for minority senior citizens. The Department 32 shall coordinate services for minority senior citizens 33 through the Department of Public Health, the Department of-35- LRB9206615WHmb 1Public Aid,and the Department of Human Services. 2 The Department shall develop procedures to enhance and 3 identify availability of services and shall promulgate 4 administrative rules to establish the responsibilities of the 5 Department. 6 The Department on Aging, the Department of Public Health,7the Department of Public Aid,and the Department of Human 8 Services shall cooperate in the development and submission of 9 an annual report on programs and services provided under this 10 Section. The joint report shall be filed with the Governor 11 and the General Assembly on or before September 30 of each 12 year. 13 (Source: P.A. 88-254; 89-507, eff. 7-1-97.) 14 (20 ILCS 105/8.01) (from Ch. 23, par. 6108.01) 15 Sec. 8.01. Coordinating Committee; members. The 16 Coordinating Committee of State Agencies Serving Older 17 Persons shall consist of the Director of the Department on 18 Aging or his or her designee as Chairman, the State 19 Superintendent of Education or his or her designee, the 20 Secretary of Human Services or his or her designee, the 21 Secretary of Transportation or his or her designee, and the 22 Directors, or the designee or designees of any or all of the 23 Directors, of the following Departments or agencies: Labor; 24 Veterans' Affairs; Public Health;Public Aid;Children and 25 Family Services; Commerce and Community Affairs; Insurance; 26 Revenue; Illinois Housing Development Authority; and 27 Comprehensive State Health Planning. 28 (Source: P.A. 90-609, eff. 6-30-98; 91-61, eff. 6-30-99.) 29 Section 45. The Alcoholism and Other Drug Abuse and 30 Dependency Act is amended by changing Sections 5-10, 10-45, 31 and 35-5 as follows: -36- LRB9206615WHmb 1 (20 ILCS 301/5-10) 2 Sec. 5-10. Functions of the Department. 3 (a) In addition to the powers, duties and functions 4 vested in the Department by this Act, or by other laws of 5 this State, the Department shall carry out the following 6 activities: 7 (1) Design, coordinate and fund a comprehensive and 8 coordinated community-based and culturally and 9 gender-appropriate array of services throughout the State 10 for the prevention, intervention, treatment and 11 rehabilitation of alcohol and other drug abuse and 12 dependency that is accessible and addresses the needs of 13 at-risk or addicted individuals and their families. 14 (2) Act as the exclusive State agency to accept, 15 receive and expend, pursuant to appropriation, any public 16 or private monies, grants or services, including those 17 received from the federal government or from other State 18 agencies, for the purpose of providing an array of 19 services for the prevention, intervention, treatment and 20 rehabilitation of alcoholism or other drug abuse or 21 dependency. Monies received by the Department shall be 22 deposited into appropriate funds as may be created by 23 State law or administrative action. 24 (3) Coordinate a statewide strategy among State 25 agencies for the prevention, intervention, treatment and 26 rehabilitation of alcohol and other drug abuse and 27 dependency. This strategy shall include the development 28 of an annual comprehensive State plan for the provision 29 of an array of services for education, prevention, 30 intervention, treatment, relapse prevention and other 31 services and activities to alleviate alcoholism and other 32 drug abuse and dependency. The plan shall be based on 33 local community-based needs and upon data including, but 34 not limited to, that which defines the prevalence of and -37- LRB9206615WHmb 1 costs associated with the abuse of and dependency upon 2 alcohol and other drugs. This comprehensive State plan 3 shall include identification of problems, needs, 4 priorities, services and other pertinent information, 5 including the needs of minorities and other specific 6 populations in the State, and shall describe how the 7 identified problems and needs will be addressed. For 8 purposes of this paragraph, the term "minorities and 9 other specific populations" may include, but shall not be 10 limited to, groups such as women, children, intravenous 11 drug users, persons with AIDS or who are HIV infected, 12 African-Americans, Puerto Ricans, Hispanics, Asian 13 Americans, the elderly, persons in the criminal justice 14 system, persons who are clients of services provided by 15 other State agencies, persons with disabilities and such 16 other specific populations as the Department may from 17 time to time identify. In developing the plan, the 18 Department shall seek input from providers, parent 19 groups, associations and interested citizens. 20 Beginning with State fiscal year 1996, the annual 21 comprehensive State plan developed under this Section 22 shall include an explanation of the rationale to be used 23 in ensuring that funding shall be based upon local 24 community needs, including, but not limited to, the 25 incidence and prevalence of, and costs associated with, 26 the abuse of and dependency upon alcohol and other drugs, 27 as well as upon demonstrated program performance. 28 The annual comprehensive State plan developed under 29 this Section shall contain a report detailing the 30 activities of and progress made by the programs for the 31 care and treatment of addicted pregnant women, addicted 32 mothers and their children established under subsection 33 (j) of Section 35-5 of this Act. 34 Each State agency which provides or funds alcohol or -38- LRB9206615WHmb 1 drug prevention, intervention and treatment services 2 shall annually prepare an agency plan for providing such 3 services, and these shall be used by the Department in 4 preparing the annual comprehensive statewide plan. Each 5 agency's annual plan for alcohol and drug abuse services 6 shall contain a report on the activities and progress of 7 such services in the prior year. The Department may 8 provide technical assistance to other State agencies, as 9 required, in the development of their agency plans. 10 (4) Lead, foster and develop cooperation, 11 coordination and agreements among federal and State 12 governmental agencies and local providers that provide 13 assistance, services, funding or other functions, 14 peripheral or direct, in the prevention, intervention, 15 treatment or rehabilitation of alcoholism and other drug 16 abuse and dependency. This shall include, but shall not 17 be limited to, the following: 18 (A) Cooperate with and assist the Department 19 of Corrections and the Department on Aging in 20 establishing and conducting programs relating to 21 alcoholism and other drug abuse and dependency among 22 those populations which they respectively serve. 23 (B) Cooperate with and assist the Illinois 24 Department of Public Health in the establishment, 25 funding and support of programs and services for the 26 promotion of maternal and child health and the 27 prevention and treatment of infectious diseases, 28 including but not limited to HIV infection, 29 especially with respect to those persons who may 30 abuse drugs by intravenous injection, or may have 31 been sexual partners of drug abusers, or may have 32 abused substances so that their immune systems are 33 impaired, causing them to be at high risk. 34 (C) Supply to the Department of Public Health -39- LRB9206615WHmb 1 and prenatal care providers a list of all alcohol 2 and other drug abuse service providers for addicted 3 pregnant women in this State. 4 (D) Assist in the placement of child abuse or 5 neglect perpetrators (identified by the Illinois 6 Department of Children and Family Services) who have 7 been determined to be in need of alcohol or other 8 drug abuse services pursuant to Section 8.2 of the 9 Abused and Neglected Child Reporting Act. 10 (E) Cooperate with and assist the Illinois 11 Department of Children and Family Services in 12 carrying out its mandates to: 13 (i) identify alcohol and other drug abuse 14 issues among its clients and their families; 15 and 16 (ii) develop programs and services to 17 deal with such problems. 18 These programs and services may include, but shall 19 not be limited to, programs to prevent the abuse of 20 alcohol or other drugs by DCFS clients and their 21 families, rehabilitation services, identifying child 22 care needs within the array of alcohol and other 23 drug abuse services, and assistance with other 24 issues as required. 25 (F) Cooperate with and assist the Illinois 26 Criminal Justice Information Authority with respect 27 to statistical and other information concerning drug 28 abuse incidence and prevalence. 29 (G) Cooperate with and assist the State 30 Superintendent of Education, boards of education, 31 schools, police departments, the Illinois Department 32 of State Police, courts and other public and private 33 agencies and individuals in establishing prevention 34 programs statewide and preparing curriculum -40- LRB9206615WHmb 1 materials for use at all levels of education. An 2 agreement shall be entered into with the State 3 Superintendent of Education to assist in the 4 establishment of such programs. 5 (H) Develop and provideCooperate with and6assist the Illinois Department of Public Aid in the7development and provision ofservices offered to 8 recipients of public assistance for the treatment 9 and prevention of alcoholism and other drug abuse 10 and dependency. 11 (I) Provide training recommendations to other 12 State agencies funding alcohol or other drug abuse 13 prevention, intervention, treatment or 14 rehabilitation services. 15 (5) From monies appropriated to the Department from 16 the Drunk and Drugged Driving Prevention Fund, make 17 grants to reimburse DUI evaluation and remedial education 18 programs licensed by the Department for the costs of 19 providing indigent persons with free or reduced-cost 20 services relating to a charge of driving under the 21 influence of alcohol or other drugs. 22 (6) Promulgate regulations to provide appropriate 23 standards for publicly and privately funded programs as 24 well as for levels of payment to government funded 25 programs which provide an array of services for 26 prevention, intervention, treatment and rehabilitation 27 for alcoholism and other drug abuse or dependency. 28 (7) In consultation with local service providers, 29 specify a uniform statistical methodology for use by 30 agencies, organizations, individuals and the Department 31 for collection and dissemination of statistical 32 information regarding services related to alcoholism and 33 other drug use and abuse. This shall include prevention 34 services delivered, the number of persons treated, -41- LRB9206615WHmb 1 frequency of admission and readmission, and duration of 2 treatment. 3 (8) Receive data and assistance from federal, State 4 and local governmental agencies, and obtain copies of 5 identification and arrest data from all federal, State 6 and local law enforcement agencies for use in carrying 7 out the purposes and functions of the Department. 8 (9) Designate and license providers to conduct 9 screening, assessment, referral and tracking of clients 10 identified by the criminal justice system as having 11 indications of alcoholism or other drug abuse or 12 dependency and being eligible to make an election for 13 treatment under Section 40-5 of this Act, and assist in 14 the placement of individuals who are under court order to 15 participate in treatment. 16 (10) Designate medical examination and other 17 programs for determining alcoholism and other drug abuse 18 and dependency. 19 (11) Encourage service providers who receive 20 financial assistance in any form from the State to assess 21 and collect fees for services rendered. 22 (12) Make grants with funds appropriated from the 23 Drug Treatment Fund in accordance with Section 7 of the 24 Controlled Substance and Cannabis Nuisance Act, or in 25 accordance with subsections (h) and (i) of Section 411.2 26 of the Illinois Controlled Substances Act. 27 (13) Encourage all health and disability insurance 28 programs to include alcoholism and other drug abuse and 29 dependency as a covered illness. 30 (14) Make such agreements, grants-in-aid and 31 purchase-care arrangements with any other department, 32 authority or commission of this State, or any other state 33 or the federal government or with any public or private 34 agency, including the disbursement of funds and -42- LRB9206615WHmb 1 furnishing of staff, to effectuate the purposes of this 2 Act. 3 (15) Conduct a public information campaign to 4 inform the State's Hispanic residents regarding the 5 prevention and treatment of alcoholism. 6 (b) In addition to the powers, duties and functions 7 vested in it by this Act, or by other laws of this State, the 8 Department may undertake, but shall not be limited to, the 9 following activities: 10 (1) Require all programs funded by the Department 11 to include an education component to inform participants 12 regarding the causes and means of transmission and 13 methods of reducing the risk of acquiring or transmitting 14 HIV infection, and to include funding for such education 15 component in its support of the program. 16 (2) Review all State agency applications for 17 federal funds which include provisions relating to the 18 prevention, early intervention and treatment of 19 alcoholism and other drug abuse and dependency in order 20 to ensure consistency with the comprehensive statewide 21 plan developed pursuant to this Act. 22 (3) Prepare, publish, evaluate, disseminate and 23 serve as a central repository for educational materials 24 dealing with the nature and effects of alcoholism and 25 other drug abuse and dependency. Such materials may deal 26 with the educational needs of the citizens of Illinois, 27 and may include at least pamphlets which describe the 28 causes and effects of fetal alcohol syndrome, which the 29 Department may distribute free of charge to each county 30 clerk in sufficient quantities that the county clerk may 31 provide a pamphlet to the recipients of all marriage 32 licenses issued in the county. 33 (4) Develop and coordinate, with regional and local 34 agencies, education and training programs for persons -43- LRB9206615WHmb 1 engaged in providing the array of services for persons 2 having alcoholism or other drug abuse and dependency 3 problems, which programs may include specific HIV 4 education and training for program personnel. 5 (5) Cooperate with and assist in the development of 6 education, prevention and treatment programs for 7 employees of State and local governments and businesses 8 in the State. 9 (6) Utilize the support and assistance of 10 interested persons in the community, including recovering 11 addicts and alcoholics, to assist individuals and 12 communities in understanding the dynamics of addiction, 13 and to encourage individuals with alcohol or other drug 14 abuse or dependency problems to voluntarily undergo 15 treatment. 16 (7) Promote, conduct, assist or sponsor basic 17 clinical, epidemiological and statistical research into 18 alcoholism and other drug abuse and dependency, and 19 research into the prevention of those problems either 20 solely or in conjunction with any public or private 21 agency. 22 (8) Cooperate with public and private agencies, 23 organizations and individuals in the development of 24 programs, and to provide technical assistance and 25 consultation services for this purpose. 26 (9) Publish or provide for the publishing of a 27 manual to assist medical and social service providers in 28 identifying alcoholism and other drug abuse and 29 dependency and coordinating the multidisciplinary 30 delivery of services to addicted pregnant women, addicted 31 mothers and their children. The manual may be used only 32 to provide information and may not be used by the 33 Department to establish practice standards. The 34 Department may not require recipients to use specific -44- LRB9206615WHmb 1 providers nor may they require providers to refer 2 recipients to specific providers. The manual may include, 3 but need not be limited to, the following: 4 (A) Information concerning risk assessments of 5 women seeking prenatal, natal, and postnatal medical 6 care. 7 (B) Information concerning risk assessments of 8 infants who may be substance-affected. 9 (C) Protocols that have been adopted by the 10 Illinois Department of Children and Family Services 11 for the reporting and investigation of allegations 12 of child abuse or neglect under the Abused and 13 Neglected Child Reporting Act. 14 (D) Summary of procedures utilized in juvenile 15 court in cases of children alleged or found to be 16 abused or neglected as a result of being born to 17 addicted women. 18 (E) Information concerning referral of 19 addicted pregnant women, addicted mothers and their 20 children by medical, social service, and substance 21 abuse treatment providers, by the Departments of 22 Children and Family Services,Public Aid,Public 23 Health, and Human Services. 24 (F) Effects of substance abuse on infants and 25 guidelines on the symptoms, care, and comfort of 26 drug-withdrawing infants. 27 (G) Responsibilities of the Illinois 28 Department of Public Health to maintain statistics 29 on the number of children in Illinois addicted at 30 birth. 31 (10) To the extent permitted by federal law or 32 regulation, establish and maintain a clearinghouse and 33 central repository for the development and maintenance of 34 a centralized data collection and dissemination system -45- LRB9206615WHmb 1 and a management information system for all alcoholism 2 and other drug abuse prevention, early intervention and 3 treatment services. 4 (11) Fund, promote or assist programs, services, 5 demonstrations or research dealing with addictive or 6 habituating behaviors detrimental to the health of 7 Illinois citizens. 8 (12) With monies appropriated from the Group Home 9 Loan Revolving Fund, make loans, directly or through 10 subcontract, to assist in underwriting the costs of 11 housing in which individuals recovering from alcohol or 12 other drug abuse or dependency may reside in groups of 13 not less than 6 persons, pursuant to Section 50-40 of 14 this Act. 15 (13) Promulgate such regulations as may be 16 necessary for the administration of grants or to 17 otherwise carry out the purposes and enforce the 18 provisions of this Act. 19 (14) Fund programs to help parents be effective in 20 preventing substance abuse by building an awareness of 21 drugs and alcohol and the family's role in preventing 22 abuse through adjusting expectations, developing new 23 skills, and setting positive family goals. The programs 24 shall include, but not be limited to, the following 25 subjects: healthy family communication; establishing 26 rules and limits; how to reduce family conflict; how to 27 build self-esteem, competency, and responsibility in 28 children; how to improve motivation and achievement; 29 effective discipline; problem solving techniques; and how 30 to talk about drugs and alcohol. The programs shall be 31 open to all parents. 32 (Source: P.A. 88-80; incorporates 88-171; 88-670, eff. 33 12-2-94; 89-363, eff. 1-1-96; 89-507, eff. 7-1-97.) -46- LRB9206615WHmb 1 (20 ILCS 301/10-45) 2 Sec. 10-45. Membership. The Board shall consist of 15 316members: 4 (a) The Director of Aging. 5 (b) The State Superintendent of Education. 6 (c) The Director of Corrections. 7 (d) The Director of State Police. 8 (e) The Director of Professional Regulation. 9 (f) (Blank). 10 (g) The Director of Children and Family Services. 11 (h) (Blank). 12 (i) (Blank).The Director of Public Aid.13 (j) The Director of Public Health. 14 (k) The Secretary of State. 15 (l) The Secretary of Transportation. 16 (m) The Director of Insurance. 17 (n) The Director of the Administrative Office of 18 the Illinois Courts. 19 (o) The Chairman of the Board of Higher Education. 20 (p) The Director of Revenue. 21 (q) The Executive Director of the Criminal Justice 22 Information Authority. 23 (r) A chairman who shall be appointed by the 24 Governor for a term of 3 years. 25 Each member may designate a representative to serve in his or 26 her place by written notice to the Department. 27 (Source: P.A. 88-80; 89-507, eff. 7-1-97; revised 2-23-00.) 28 (20 ILCS 301/35-5) 29 Sec. 35-5. Services for pregnant women and mothers. 30 (a) In order to promote a comprehensive, statewide and 31 multidisciplinary approach to serving addicted pregnant women 32 and mothers, including those who are minors, and their 33 children who are affected by alcoholism and other drug abuse -47- LRB9206615WHmb 1 or dependency, the Department shall have responsibility for 2 an ongoing exchange of referral information, as set forth in 3 subsections (b) and (c) of this Section, among the following: 4 (1) those who provide medical and social services 5 to pregnant women, mothers and their children, whether or 6 not there exists evidence of alcoholism or other drug 7 abuse or dependency. These include providers in the 8 Healthy Moms/Healthy Kids program, the Drug Free Families 9 With a Future program, the Parents Too Soon program, and 10 any other State-funded medical or social service programs 11 which provide services to pregnant women. 12 (2) providers of treatment services to women 13 affected by alcoholism or other drug abuse or dependency. 14 (b) The Department may, in conjunction with the 15 Departments of Children and Family Services and,Public 16 Healthand Public Aid, develop and maintain an updated and 17 comprehensive list of medical and social service providers by 18 geographic region. The Department may periodically send this 19 comprehensive list of medical and social service providers to 20 all providers of treatment for alcoholism and other drug 21 abuse and dependency, identified under subsection (f) of this 22 Section, so that appropriate referrals can be made. The 23 Department shall obtain the specific consent of each provider 24 of services before publishing, distributing, verbally making 25 information available for purposes of referral, or otherwise 26 publicizing the availability of services from a provider. The 27 Department may make information concerning availability of 28 services available to recipients, but may not require 29 recipients to specific sources of care. 30 (c) The Department may, on an ongoing basis, keep all 31 medical and social service providers identified under 32 subsection (b) of this Section informed about any relevant 33 changes in any laws relating to alcoholism and other drug 34 abuse and dependency, about services that are available from -48- LRB9206615WHmb 1 any State agencies for addicted pregnant women and addicted 2 mothers and their children, and about any other developments 3 that the Department finds to be informative. 4 (d) All providers of treatment for alcoholism and other 5 drug abuse and dependency may receive information from the 6 Department on the availability of services under the Drug 7 Free Families with a Future or any comparable program 8 providing case management services for alcoholic or addicted 9 women, including information on appropriate referrals for 10 other services that may be needed in addition to treatment. 11 (e) The Department may implement the policies and 12 programs set forth in this Section with the advice of the 13 Committee on Women's Alcohol and Substance Abuse Treatment 14 created under Section 10-20 of this Act. 15 (f) The Department shall develop and maintain an updated 16 and comprehensive directory of service providers that provide 17 treatment services to pregnant women, mothers, and their 18 children in this State. The Department shall disseminate an 19 updated directory as often as is necessary to the list of 20 medical and social service providers compiled under 21 subsection (b) of this Section. The Department shall obtain 22 the specific consent of each provider of services before 23 publishing, distributing, verbally making information 24 available for purposes of referral or otherwise using or 25 publicizing the availability of services from a provider. The 26 Department may make information concerning availability of 27 services available to recipients, but may not require 28 recipients to use specific sources of care. 29 (g) As a condition of any State grant or contract, the 30 Department shall require that any treatment program for 31 addicted women provide services, either by its own staff or 32 by agreement with other agencies or individuals, which 33 include but need not be limited to the following: 34 (1) coordination with the Healthy Moms/Healthy Kids -49- LRB9206615WHmb 1 program, the Drug Free Families with a Future program, or 2 any comparable program providing case management services 3 to assure ongoing monitoring and coordination of services 4 after the addicted woman has returned home. 5 (2) coordination with medical services for 6 individual medical care of addicted pregnant women, 7 including prenatal care under the supervision of a 8 physician. 9 (3) coordination with child care services under any 10 State plan developed pursuant to subsection (e) of 11 Section 10-25 of this Act. 12 (h) As a condition of any State grant or contract, the 13 Department shall require that any nonresidential program 14 receiving any funding for treatment services accept women who 15 are pregnant, provided that such services are clinically 16 appropriate. Failure to comply with this subsection shall 17 result in termination of the grant or contract and loss of 18 State funding. 19 (i)(1) From funds appropriated expressly for the 20 purposes of this Section, the Department shall create or 21 contract with licensed, certified agencies to develop a 22 program for the care and treatment of addicted pregnant 23 women, addicted mothers and their children. The program 24 shall be in Cook County in an area of high density population 25 having a disproportionate number of addicted women and a high 26 infant mortality rate. 27 (2) From funds appropriated expressly for the purposes 28 of this Section, the Department shall create or contract with 29 licensed, certified agencies to develop a program for the 30 care and treatment of low income pregnant women. The program 31 shall be located anywhere in the State outside of Cook County 32 in an area of high density population having a 33 disproportionate number of low income pregnant women. 34 (3) In implementing the programs established under this -50- LRB9206615WHmb 1 subsection, the Department shall contract with existing 2 residencies or recovery homes in areas having a 3 disproportionate number of women who abuse alcohol or other 4 drugs and need residential treatment and counseling. Priority 5 shall be given to addicted and abusing women who: 6 (A) are pregnant, 7 (B) have minor children, 8 (C) are both pregnant and have minor children, or 9 (D) are referred by medical personnel because they 10 either have given birth to a baby addicted to a 11 controlled substance, or will give birth to a baby 12 addicted to a controlled substance. 13 (4) The services provided by the programs shall include 14 but not be limited to: 15 (A) individual medical care, including prenatal 16 care, under the supervision of a physician. 17 (B) temporary, residential shelter for pregnant 18 women, mothers and children when necessary. 19 (C) a range of educational or counseling services. 20 (D) comprehensive and coordinated social services, 21 including substance abuse therapy groups for the 22 treatment of alcoholism and other drug abuse and 23 dependency; family therapy groups; programs to develop 24 positive self-awareness; parent-child therapy; and 25 residential support groups. 26 (5) No services that require a license shall be provided 27 until and unless the recovery home or other residence obtains 28 and maintains the requisite license. 29 (Source: P.A. 88-80.) 30 Section 50. The Personnel Code is amended by changing 31 Sections 8a, 8b.1, and 10 as follows: 32 (20 ILCS 415/8a) (from Ch. 127, par. 63b108a) -51- LRB9206615WHmb 1 Sec. 8a. Jurisdiction A - Classification and pay. For 2 positions in the State service subject to the jurisdiction of 3 the Department of Central Management Services with respect to 4 the classification and pay: 5 (1) For the preparation, maintenance, and revision by 6 the Director, subject to approval by the Commission, of a 7 position classification plan for all positions subject to 8 this Act, based upon similarity of duties performed, 9 responsibilities assigned, and conditions of employment so 10 that the same schedule of pay may be equitably applied to all 11 positions in the same class. However, the pay of an employee 12 whose position is reduced in rank or grade by reallocation 13 because of a loss of duties or responsibilities after his 14 appointment to such position shall not be required to be 15 lowered for a period of one year after the reallocation of 16 his position. Conditions of employment shall not be used as a 17 factor in the classification of any position heretofore paid 18 under the provisions of Section 1.22 of "An Act to 19 standardize position titles and salary rates", approved June 20 30, 1943, as amended. Unless the Commission disapproves such 21 classification plan within 60 days, or any revision thereof 22 within 30 days, the Director shall allocate every such 23 position to one of the classes in the plan. Any employee 24 affected by the allocation of a position to a class shall, 25 after filing with the Director of Central Management Services 26 a written request for reconsideration thereof in such manner 27 and form as the Director may prescribe, be given a reasonable 28 opportunity to be heard by the Director. If the employee does 29 not accept the allocation of the position, he shall then have 30 the right of appeal to the Civil Service Commission. 31 (2) For a pay plan to be prepared by the Director for 32 all employees subject to this Act after consultation with 33 operating agency heads and the Director of the Bureau of the 34 Budget. Such pay plan may include provisions for uniformity -52- LRB9206615WHmb 1 of starting pay, an increment plan, area differentials, a 2 delay not to exceed one year prior to the reduction of the 3 pay of employees whose positions are reduced in rank or grade 4 by reallocation because of a loss of duties or 5 responsibilities after their appointments to such positions, 6 prevailing rates of wages in those classifications in which 7 employers are now paying or may hereafter pay such rates of 8 wage and other provisions. Such pay plan shall become 9 effective only after it has been approved by the Governor. 10 Amendments to the pay plan shall be made in the same manner. 11 Such pay plan shall provide that each employee shall be paid 12 at one of the rates set forth in the pay plan for the class 13 of position in which he is employed, subject to delay in the 14 reduction of pay of employees whose positions are reduced in 15 rank or grade by allocation as above set forth in this 16 Section. Such pay plan shall provide for a fair and 17 reasonable compensation for services rendered. 18This section is inapplicable to the position of Assistant19Director of Public Aid in the Department of Public Aid. The20salary for this position shall be as established in "The21Civil Administrative Code of Illinois", approved March 7,221917, as amended.23 (Source: P.A. 82-789.) 24 (20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1) 25 Sec. 8b.1. For open competitive examinations to test the 26 relative fitness of applicants for the respective positions. 27 Tests shall be designed to eliminate those who are not 28 qualified for entrance into or promotion within the service, 29 and to discover the relative fitness of those who are 30 qualified. The Director may use any one of or any combination 31 of the following examination methods which in his judgment 32 best serves this end: investigation of education; 33 investigation of experience; test of cultural knowledge; test -53- LRB9206615WHmb 1 of capacity; test of knowledge; test of manual skill; test of 2 linguistic ability; test of character; test of physical 3 fitness; test of psychological fitness. No person with a 4 record of misdemeanor convictions except those under Sections 5 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 6 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 7 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8 and 8 sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code 9 of 1961 or arrested for any cause but not convicted thereon 10 shall be disqualified from taking such examinations or 11 subsequent appointment, unless the person is attempting to 12 qualify for a position which would give him the powers of a 13 peace officer, in which case the person's conviction or 14 arrest record may be considered as a factor in determining 15 the person's fitness for the position.The eligibility16conditions specified for the position of Assistant Director17of Public Aid in the Department of Public Aid in Section185-230 of the Departments of State Government Law (20 ILCS195/5-230) shall be applied to that position in addition to20other standards, tests or criteria established by the21Director.All examinations shall be announced publicly at 22 least 2 weeks in advance of the date of the examinations and 23 may be advertised through the press, radio and other media. 24 The Director may, however, in his discretion, continue to 25 receive applications and examine candidates long enough to 26 assure a sufficient number of eligibles to meet the needs of 27 the service and may add the names of successful candidates to 28 existing eligible lists in accordance with their respective 29 ratings. 30 The Director may, in his discretion, accept the results 31 of competitive examinations conducted by any merit system 32 established by federal law or by the law of any State, and 33 may compile eligible lists therefrom or may add the names of 34 successful candidates in examinations conducted by those -54- LRB9206615WHmb 1 merit systems to existing eligible lists in accordance with 2 their respective ratings. No person who is a non-resident of 3 the State of Illinois may be appointed from those eligible 4 lists, however, unless the requirement that applicants be 5 residents of the State of Illinois is waived by the Director 6 of Central Management Services and unless there are less than 7 3 Illinois residents available for appointment from the 8 appropriate eligible list. The results of the examinations 9 conducted by other merit systems may not be used unless they 10 are comparable in difficulty and comprehensiveness to 11 examinations conducted by the Department of Central 12 Management Services for similar positions. Special linguistic 13 options may also be established where deemed appropriate. 14 (Source: P.A. 91-239, eff. 1-1-00.) 15 (20 ILCS 415/10) (from Ch. 127, par. 63b110) 16 Sec. 10. Duties and powers of the Commission. The Civil 17 Service Commission shall have duties and powers as follows: 18 (1) Upon written recommendations by the Director of the 19 Department of Central Management Services to exempt from 20 jurisdiction B of this Act positions which, in the judgment 21 of the Commission, involve either principal administrative 22 responsibility for the determination of policy or principal 23 administrative responsibility for the way in which policies 24 are carried out.This authority may not be exercised,25however, with respect to the position of Assistant Director26of Public Aid in the Department of Public Aid.27 (2) To require such special reports from the Director as 28 it may consider desirable. 29 (3) To disapprove original rules or any part thereof 30 within 90 days and any amendment thereof within 30 days after 31 the submission of such rules to the Civil Service Commission 32 by the Director, and to disapprove any amendments thereto in 33 the same manner. -55- LRB9206615WHmb 1 (4) To approve or disapprove within 60 days from date of 2 submission the position classification plan submitted by the 3 Director as provided in the rules, and any revisions thereof 4 within 30 days from the date of submission. 5 (5) To hear appeals of employees who do not accept the 6 allocation of their positions under the position 7 classification plan. 8 (6) To hear and determine written charges filed seeking 9 the discharge, demotion of employees and suspension totaling 10 more than thirty days in any 12-month period, as provided in 11 Section 11 hereof, and appeals from transfers from one 12 geographical area in the State to another, and in connection 13 therewith to administer oaths, subpoena witnesses, and compel 14 the production of books and papers. 15 (7) The fees of subpoenaed witnesses under this Act for 16 attendance and travel shall be the same as fees of witnesses 17 before the circuit courts of the State, such fees to be paid 18 when the witness is excused from further attendance. 19 Whenever a subpoena is issued the Commission may require that 20 the cost of service and the fee of the witness shall be borne 21 by the party at whose insistence the witness is summoned. 22 The Commission has the power, at its discretion, to require a 23 deposit from such party to cover the cost of service and 24 witness fees and the payment of the legal witness fee and 25 mileage to the witness served with the subpoena. A subpoena 26 issued under this Act shall be served in the same manner as a 27 subpoena issued out of a court. 28 Upon the failure or refusal to obey a subpoena, a 29 petition shall be prepared by the party serving the subpoena 30 for enforcement in the circuit court of the county in which 31 the person to whom the subpoena was directed either resides 32 or has his or her principal place of business. 33 Not less than five days before the petition is filed in 34 the appropriate court, it shall be served on the person along -56- LRB9206615WHmb 1 with a notice of the time and place the petition is to be 2 presented. 3 Following a hearing on the petition, the circuit court 4 shall have jurisdiction to enforce subpoenas issued pursuant 5 to this Section. 6 On motion and for good cause shown the Commission may 7 quash or modify any subpoena. 8 (8) To make an annual report regarding the work of the 9 Commission to the Governor, such report to be a public 10 report. 11 (9) If any violation of this Act is found, the 12 Commission shall direct compliance in writing. 13 (10) To appoint a full-time executive secretary and such 14 other employees, experts, and special assistants as may be 15 necessary to carry out the powers and duties of the 16 Commission under this Act and employees, experts, and special 17 assistants so appointed by the Commission shall be subject to 18 the provisions of jurisdictions A, B and C of this Act. These 19 powers and duties supersede any contrary provisions herein 20 contained. 21 (11) To make rules to carry out and implement their 22 powers and duties under this Act, with authority to amend 23 such rules from time to time. 24 (12) To hear or conduct investigations as it deems 25 necessary of appeals of layoff filed by employees appointed 26 under Jurisdiction B after examination provided that such 27 appeals are filed within 15 calendar days following the 28 effective date of such layoff and are made on the basis that 29 the provisions of the Personnel Code or of the Rules of the 30 Department of Central Management Services relating to layoff 31 have been violated or have not been complied with. 32 All hearings shall be public. A decision shall be 33 rendered within 60 days after receipt of the transcript of 34 the proceedings. The Commission shall order the -57- LRB9206615WHmb 1 reinstatement of the employee if it is proven that the 2 provisions of the Personnel Code or of the Rules of the 3 Department of Central Management Services relating to layoff 4 have been violated or have not been complied with. In 5 connection therewith the Commission may administer oaths, 6 subpoena witnesses, and compel the production of books and 7 papers. 8 (13) Whenever the Civil Service Commission is authorized 9 or required by law to consider some aspect of criminal 10 history record information for the purpose of carrying out 11 its statutory powers and responsibilities, then, upon request 12 and payment of fees in conformance with the requirements of 13 Section 2605-400 of the Department of State Police Law (20 14 ILCS 2605/2605-400), the Department of State Police is 15 authorized to furnish, pursuant to positive identification, 16 such information contained in State files as is necessary to 17 fulfill the request. 18 (Source: P.A. 91-239, eff. 1-1-00.) 19 Section 55. The Children and Family Services Act is 20 amended by changing Section 9.1 as follows: 21 (20 ILCS 505/9.1) (from Ch. 23, par. 5009.1) 22 Sec. 9.1. The parents or guardians of the estates of 23 children accepted for care and training under the Juvenile 24 Court Act or the Juvenile Court Act of 1987, or through a 25 voluntary placement agreement with the parents or guardians 26 shall be liable for the payment to the Department, or to a 27 licensed or approved child care facility designated by the 28 Department of sums representing charges for the care and 29 training of those children at a rate to be determined by the 30 Department. The Department shall establish a standard by 31 which shall be measured the ability of parents or guardians 32 to pay for the care and training of their children, and shall -58- LRB9206615WHmb 1 implement the standard by rules governing its application. 2 The standard and the rules shall take into account ability to 3 pay as measured by annual income and family size. Medical or 4 other treatment provided on behalf of the family may also be 5 taken into account in determining ability to pay if the 6 Department concludes that such treatment is appropriate. 7 In addition, the Department may provide by rule for 8 referral of Title IV-E foster care maintenance cases to the 9 Department of Human ServicesPublic Aidfor child support 10 services under Title IV-D of the Social Security Act. The 11 Department shall consider "good cause" as defined in 12 regulations promulgated under Title IV-A of the Social 13 Security Act, among other criteria, when determining whether 14 to refer a case and, upon referral, the parent or guardian of 15 the estate of a child who is receiving Title IV-E foster care 16 maintenance payments shall be deemed to have made an 17 assignment to the Department of any and all rights, title and 18 interest in any support obligation on behalf of a child. The 19 rights to support assigned to the Department shall constitute 20 an obligation owed the State by the person who is responsible 21 for providing the support, and shall be collectible under all 22 applicable processes. 23 The acceptance of children for services or care shall not 24 be limited or conditioned in any manner on the financial 25 status or ability of parents or guardians to make such 26 payments. 27 (Source: P.A. 85-1209; 86-1311.) 28 Section 60. The Department of Employment Security Law of 29 the Civil Administrative Code of Illinois is amended by 30 changing Section 1005-130 as follows: 31 (20 ILCS 1005/1005-130) (was 20 ILCS 1005/43a.14) 32 Sec. 1005-130. Exchange of information for child support -59- LRB9206615WHmb 1 enforcement. 2 (a) The Department has the power to exchange with the 3 Illinois Department of Human ServicesPublic Aidinformation 4 that may be necessary for the enforcement of child support 5 orders entered pursuant to the Illinois Public Aid Code, the 6 Illinois Marriage and Dissolution of Marriage Act, the 7 Non-Support of Spouse and Children Act, the Non-Support 8 Punishment Act, the Revised Uniform Reciprocal Enforcement of 9 Support Act, the Uniform Interstate Family Support Act, or 10 the Illinois Parentage Act of 1984. 11 (b) Notwithstanding any provisions in the Civil 12 Administrative Code of Illinois to the contrary, the 13 Department of Employment Security shall not be liable to any 14 person for any disclosure of information to the Illinois 15 Department of Human ServicesPublic Aidunder subsection (a) 16 or for any other action taken in good faith to comply with 17 the requirements of subsection (a). 18 (Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00; 19 91-613, eff. 10-1-99; revised 8-5-99.) 20 Section 65. The New Hire Reporting Act is amended by 21 changing Section 35 as follows: 22 (20 ILCS 1020/35) 23 Sec. 35. Department of Human ServicesPublic Aidduties. 24 The Department of Human ServicesPublic Aidshall establish a 25 community advisory committee for oversight of the 26 implementation process, toll-free telephone lines for 27 employers with child support questions, an expedited hearing 28 process for non-custodial parents who contest an employer's 29 execution of an order for withholding and brochures and 30 public service announcements that inform the general public 31 about the New Hire Directory and how to utilize it, within 32 the federal and State confidentiality laws, in pursuit of -60- LRB9206615WHmb 1 child support. 2 (Source: P.A. 90-425, eff. 8-15-97.) 3 Section 70. The Department of Human Services Act is 4 amended by changing Sections 80-10, 80-15, 80-20, 80-25, 5 80-30, and 80-35 as follows: 6 (20 ILCS 1305/80-10) 7 Sec. 80-10. Discontinued departments and offices; 8 successor agency. 9 (a) The Department of Alcoholism and Substance Abuse, 10 the Department of Mental Health and Developmental 11 Disabilities, and the Department of Rehabilitation Services 12 are abolished on July 1, 1997. 13 (b) The terms of the persons then serving as the 14 directors and assistant directors of the Department of 15 Alcoholism and Substance Abuse, the Department of Mental 16 Health and Developmental Disabilities, and the Department of 17 Rehabilitation Services shall end on July 1, 1997, and those 18 offices are abolished on that date. 19 (b-5) The Department of Public Aid is abolished. The 20 terms of the persons serving as the director and assistant 21 directors of the Department of Public Aid are abolished. 22 (c) For the purposes of the Successor Agency Act, the 23 Department of Human Services is declared to be the successor 24 agency of the Department of Public Aid, the Department of 25 Alcoholism and Substance Abuse, the Department of Mental 26 Health and Developmental Disabilities, and the Department of 27 Rehabilitation Services. 28 (d) For the purposes of the Successor Agency Act, the 29 Department of Human Services is declared to be the successor 30 agency of the Department ofPublic Aid, the Department of31 Public Health, and the Department of Children and Family 32 Services, but only with respect to the functions of those -61- LRB9206615WHmb 1 Departments that are transferred to the Department of Human 2 Services under this Act. 3 (Source: P.A. 89-507, eff. 7-3-96.) 4 (20 ILCS 1305/80-15) 5 Sec. 80-15. Transfer of powers. 6 (a) Except as otherwise provided in this Act, all of the 7 rights, powers, duties, and functions vested by law in the 8 Department of Alcoholism and Substance Abuse, the Department 9 of Mental Health and Developmental Disabilities, and the 10 Department of Rehabilitation Services or in any office, 11 council, committee, division, or bureau thereof are 12 transferred to the Department of Human Services on July 1, 13 1997. 14 (b) The rights, powers, duties, and functions vested in 15 the Department of Public Aid (or in any office, council, 16 committee, division, or bureau thereof)under Articles III,17IV, VI, IX, and IXA of the Illinois Public Aid Code, with18certain exceptions specified in that Code,are transferred to 19 the Department of Human Serviceson July 1, 1997. 20In addition, the Department of Human Services may also21exercise the rights, powers, duties, and functions vested in22the Department of Public Aid under Articles I, II, VIIIA, XI,23XII, and XIII of the Illinois Public Aid Code to the extent24that they relate to the Department of Human Services' rights,25powers, duties, and functions under Articles III, IV, VI, IX,26and IXA of the Illinois Public Aid Code, subject to certain27exceptions specified in that Code.28 (c) Certain rights, powers, duties, and functions vested 29 in the Department of Public Health are transferred to the 30 Department of Human Services on July 1, 1997, as provided in 31 Article 90 of this Act. 32 (d) Certain rights, powers, duties, and functions vested 33 in the Department of Children and Family Services are -62- LRB9206615WHmb 1 transferred to the Department of Human Services on July 1, 2 1997, as provided in Article 90 of this Act. 3 (Source: P.A. 89-507, eff. 7-3-96.) 4 (20 ILCS 1305/80-20) 5 Sec. 80-20. Transfer of personnel. 6 (a) Personnel employed by the Department of Alcoholism 7 and Substance Abuse, the Department of Mental Health and 8 Developmental Disabilities, or the Department of 9 Rehabilitation Services on June 30, 1997 are transferred to 10 the Department of Human Services on July 1, 1997. 11 (a-5) Personnel employed by the Department of Public Aid 12 are transferred to the Department of Human Services. 13 (b) Except as provided in subsection (c), personnel 14 employed by any other predecessor agency on June 30, 1997 to 15 perform duties pertaining to one or more functions 16 transferred to the Department of Human Services under this 17 Act are transferred to the Department of Human Services on 18 July 1, 1997. 19 (c) In the case of a person employed by a predecessor 20 agency (other than the predecessor agencies governed by 21 subsection (a) of this Section) to perform both duties 22 pertaining to a function transferred to the Department of 23 Human Services under this Act and duties pertaining to a 24 function retained by the predecessor agency, the Secretary, 25 in consultation with the director of the predecessor agency, 26 shall determine whether to transfer the employee to the 27 Department of Human Services; until this determination has 28 been made, the transfer shall not take effect. 29 (d) The rights of State employees, the State, and its 30 agencies under the Personnel Code and applicable collective 31 bargaining agreements and retirement plans are not affected 32 by this Act. 33 (Source: P.A. 89-507, eff. 7-3-96.) -63- LRB9206615WHmb 1 (20 ILCS 1305/80-25) 2 Sec. 80-25. Transfer of property. 3 (a) Except as provided in subsection (b), all books, 4 records, documents, property (real and personal), unexpended 5 appropriations, and pending business pertaining to the 6 rights, powers, duties, and functions transferred to the 7 Department of Human Services under this Act shall be 8 transferred and delivered to the Department of Human Services 9 effective July 1, 1997. 10 (a-5) All books, records, documents, property (real and 11 personal), unexpended appropriations, and pending business 12 pertaining to the rights, powers, duties, and functions of 13 the Department of Public Aid under this Act shall be 14 transferred and delivered to the Department of Human 15 Services. 16 (b) In the case of books, records, or documents that 17 pertain both to a function transferred to the Department of 18 Human Services under this Act and to a function retained by a 19 predecessor agency, the Secretary, in consultation with the 20 director of the predecessor agency, shall determine whether 21 the books, records, or documents shall be transferred, 22 copied, or left with the predecessor agency; until this 23 determination has been made, the transfer shall not take 24 effect. 25 In the case of property or an unexpended appropriation 26 that pertains both to a function transferred to the 27 Department of Human Services under this Act and to a function 28 retained by a predecessor agency, the Secretary, in 29 consultation with the director of the predecessor agency, 30 shall determine whether the property or unexpended 31 appropriation shall be transferred, divided, or left with the 32 predecessor agency; until this determination has been made 33 (and, in the case of an unexpended appropriation, notice of 34 the determination has been filed with the State Comptroller), -64- LRB9206615WHmb 1 the transfer shall not take effect. 2 (Source: P.A. 89-507, eff. 7-3-96.) 3 (20 ILCS 1305/80-30) 4 Sec. 80-30. Rules and standards. 5 (a) The rules and standards of the Department's 6 predecessor agencies that are in effect on June 30, 1997 and 7 pertain to the rights, powers, duties, and functions 8 transferred to the Department under this Act shall become the 9 rules and standards of the Department of Human Services on 10 July 1, 1997 and shall continue in effect until amended or 11 repealed by the Department. 12 (a-5) The rules and standards of the Department of 13 Public Aid shall become rules and standards of the Department 14 of Human Services and shall continue in effect until amended 15 or repealed by the Department of Human Services. Any rules of 16 the Department of Public Aid that have been proposed but have 17 not taken effect or been finally adopted shall become 18 proposed rules of the Department of Human Services and any 19 rulemaking procedures that have already been completed by the 20 Department of Public Aid for those proposed rules need not be 21 repeated. 22 (b) Any rules pertaining to the rights, powers, duties, 23 and functions transferred to the Department under this Act 24 that have been proposed by a predecessor agency but have not 25 taken effect or been finally adopted by June 30, 1997 shall 26 become proposed rules of the Department of Human Services on 27 July 1, 1997, and any rulemaking procedures that have already 28 been completed by the predecessor agency for those proposed 29 rules need not be repeated. 30 (c) As soon as practical after July 1, 1997, the 31 Department of Human Services shall revise and clarify the 32 rules transferred to it under this Act to reflect the 33 reorganization of rights, powers, duties, and functions -65- LRB9206615WHmb 1 effected by this Act using the procedures for recodification 2 of rules available under the Illinois Administrative 3 Procedure Act, except that existing title, part, and section 4 numbering for the affected rules may be retained. The 5 Department may propose and adopt under the Illinois 6 Administrative Procedure Act such other rules as may be 7 necessary to consolidate and clarify the rules of the 8 agencies reorganized by this Act. 9 (Source: P.A. 89-507, eff. 7-3-96.) 10 (20 ILCS 1305/80-35) 11 Sec. 80-35. Savings provisions. 12 (a) The rights, powers, duties, and functions 13 transferred to the Department of Human Services by this Act 14 shall be vested in and exercised by the Department subject to 15 the provisions of this Act. An act done by the Department or 16 an officer, employee, or agent of the Department in the 17 exercise of the transferred rights, powers, duties, or 18 functions shall have the same legal effect as if done by the 19 predecessor agency or an officer, employee, or agent of the 20 predecessor agency. 21 (b) The transfer of rights, powers, duties, and 22 functions to the Department of Human Services under this Act 23 does not invalidate any previous action taken by or in 24 respect to any of its predecessor agencies or their officers, 25 employees, or agents. References to those predecessor 26 agencies or their officers, employees or agents in any 27 document, contract, agreement, or law shall, in appropriate 28 contexts, be deemed to refer to the Department or its 29 officers, employees, or agents. 30 (c) The transfer of rights, powers, duties, and 31 functions to the Department of Human Services under this Act 32 does not affect any person's rights, obligations, or duties, 33 including any civil or criminal penalties applicable thereto, -66- LRB9206615WHmb 1 arising out of those transferred rights, powers, duties, and 2 functions. 3 (d) With respect to matters that pertain to a right, 4 power, duty, or function transferred to the Department of 5 Human Services under this Act: 6 (1) Beginning July 1, 1997, a report or notice that 7 was previously required to be made or given by any person 8 to a predecessor agency or any of its officers, 9 employees, or agents shall be made or given in the same 10 manner to the Department or its appropriate officer, 11 employee, or agent. 12 (2) Beginning July 1, 1997, a document that was 13 previously required to be furnished or served by any 14 person to or upon a predecessor agency or any of its 15 officers, employees, or agents shall be furnished or 16 served in the same manner to or upon the Department or 17 its appropriate officer, employee, or agent. 18 (3) A document that was previously required to be 19 furnished or served by any person to or upon the 20 Department of Public Aid or any of its officers, 21 employees, or agents shall be furnished or served in the 22 same manner to or upon the Department of Human Services 23 or its appropriate officer, employee, or agent. 24 (e) This Act does not affect any act done, ratified, or 25 cancelled, any right occurring or established, or any action 26 or proceeding had or commenced in an administrative, civil, 27 or criminal cause before July 1, 1997. Any such action or 28 proceeding that pertains to a right, power, duty, or function 29 transferred to the Department of Human Services under this 30 Act and that is pending on that date may be prosecuted, 31 defended, or continued by the Department of Human Services. 32 (f) With regard to the Department of Public Aid, this 33 Act does not affect any act done, ratified, or cancelled, any 34 right occurring or established, or any action or proceeding -67- LRB9206615WHmb 1 had or commenced in an administrative, civil, or criminal 2 cause. Any such action or proceeding that pertains to a 3 right, power, duty, or function transferred from the 4 Department of Public Aid to the Department of Human Services 5 under this Act and that is pending on the effective date of 6 this amendatory Act of the 92nd General Assembly may be 7 prosecuted, defended, or continued by the Department of Human 8 Services. 9 (Source: P.A. 89-507, eff. 7-3-96.) 10 (20 ILCS 1305/80-5 rep.) 11 Section 72. The Department of Human Services Act is 12 amended by repealing Section 80-5. 13 Section 75. The Illinois Lottery Law is amended by 14 changing Section 13 as follows: 15 (20 ILCS 1605/13) (from Ch. 120, par. 1163) 16 Sec. 13. No prize, nor any portion of a prize, nor any 17 right of any person to a prize awarded shall be assignable. 18 Any prize, or portion thereof remaining unpaid at the death 19 of a prize winner, may be paid to the estate of such deceased 20 prize winner, or to the trustee under a revocable living 21 trust established by the deceased prize winner as settlor, 22 provided that a copy of such a trust has been filed with the 23 Department along with a notarized letter of direction from 24 the settlor and no written notice of revocation has been 25 received by the Department prior to the settlor's death. 26 Following such a settlor's death and prior to any payment to 27 such a successor trustee, the Director shall obtain from the 28 trustee and each trust beneficiary a written agreement to 29 indemnify and hold the Department harmless with respect to 30 any claims that may be asserted against the Department 31 arising from payment to or through the trust. -68- LRB9206615WHmb 1 Notwithstanding any other provision of this Section, any 2 person pursuant to an appropriate judicial order may be paid 3 the prize to which a winner is entitled, and all or part of 4 any prize otherwise payable by State warrant under this 5 Section shall be withheld upon certification to the State 6 Comptroller from the Illinois Department of Human Services 7Public Aidas provided in Section 10-17.5 of The Illinois 8 Public Aid Code. The Director shall be discharged of all 9 further liability upon payment of a prize pursuant to this 10 Section. 11 (Source: P.A. 85-1224.) 12 Section 80. The Mental Health and Developmental 13 Disabilities Administrative Act is amended by changing 14 Sections 15.2, 15.3, 18, 18.2, 18.3, and 50a as follows: 15 (20 ILCS 1705/15.2) (from Ch. 91 1/2, par. 100-15.2) 16 Sec. 15.2. Quality Assurance for Adult Developmental 17 Training Services. Whenever theDepartment of Public Aid or18theDepartment of Human Services pays the cost, directly or 19 indirectly, in whole or part, for adult developmental 20 training day services for persons with developmental 21 disabilities, the provider of such services shall meet 22 minimum standards established by the Department. Such 23 minimum standards shall become effective July 1, 1986. 24 Interim program guidelines, established by the Department, 25 shall be utilized for programs operational prior to July 1, 26 1985. 27 The Department shall annually certify that adult 28 developmental training day services providers meet minimum 29 standards. The Department may determine that providers 30 accredited under nationally recognized accreditation programs 31 are deemed to have met the standards established by the 32 Department under this Section. The Department shall, at -69- LRB9206615WHmb 1 least quarterly, review the services being provided to assure 2 compliance with the standards. The Department may suspend, 3 refuse to renew or deny certification to any provider who 4 fails to meet any or all such standards, as provided by rule. 5 For purposes of this Section, "adult developmental 6 training day service" means services designed to help persons 7 with developmental disabilities to develop functional skills 8 for living in such areas as motoric development, dressing and 9 grooming, toileting, eating, language, reading and writing, 10 quantitative skills development, independent living and 11 reduction of maladaptive behavior. Such programs may include 12 services designed to improve an individual's ability to 13 engage in productive work as defined for work activity 14 centers in the federal Fair Labor Standards Act, as amended. 15 For purposes of this Section, "providers of adult 16 developmental training day services" means any person, agency 17 or organization that provides such services for persons with 18 developmental disabilities as defined by the Mental Health 19 and Developmental Disabilities Code. 20 (Source: P.A. 89-507, eff. 7-1-97.) 21 (20 ILCS 1705/15.3) (from Ch. 91 1/2, par. 100-15.3) 22 Sec. 15.3. Quality assurance for community mental health 23 services. Whenever theDepartment of Public Aid or the24 Department of Human Services pays the cost, directly or 25 indirectly, in whole or part, for community mental health 26 services and programs provided under the Medicaid Clinic 27 Option authorized by Title XIX of the Social Security Act, 28 the provider of such services shall meet minimum standards 29 established by the Department. 30 The Department shall annually certify that providers of 31 community mental health services under the Medicaid Clinic 32 Option meet minimum standards. The Department may suspend, 33 refuse to renew or deny certification to any provider who -70- LRB9206615WHmb 1 fails to meet any or all such standards, as provided by rule. 2 For purposes of this Section, "community mental health 3 services and programs" means services designed to help 4 persons with mental illness develop skills for living, 5 including but not limited to the following: 6 (1) Mental health assessment; 7 (2) Psychological evaluation; 8 (3) Interdisciplinary treatment planning; 9 (4) Medication monitoring and training; 10 (5) Individual therapy; 11 (6) Group therapy; 12 (7) Family therapy; 13 (8) Crisis intervention; 14 (9) Case management; 15 (10) Intensive stabilization; and 16 (11) Extended treatment and rehabilitation. 17 (Source: P.A. 89-507, eff. 7-1-97.) 18 (20 ILCS 1705/18) (from Ch. 91 1/2, par. 100-18) 19 Sec. 18. To receive, hold, distribute and use for 20 indicated purposes and the benefit of recipients, monies and 21 materials made available by the federal government or other 22 agency. The Department specifically may claim federal 23 reimbursementthrough the Illinois Department of Public Aid24 under the "Medicaid Waiver" provisions of Section 1915(c) of 25 the Social Security Act, as amended, for providing community 26 services to recipients of medical assistance under Article V 27 of the Illinois Public Aid Code. The Department shall 28 maintain a separate line item in its budget, entitled 29 "Developmental Disability Community Initiative", to account 30 for the expenditure of such monies. 31 (Source: P.A. 85-1209.) 32 (20 ILCS 1705/18.2) (from Ch. 91 1/2, par. 100-18.2) -71- LRB9206615WHmb 1 Sec. 18.2. Integrated system for services for 2 developmentally disabled. The Department shall develop an 3 effective, integrated system for delivering State-funded and 4 State-operated services to persons with developmental 5 disabilities. No later than June 30, 1993, the Department 6 shall enter into one or more co-operative arrangements with 7 theDepartment of Public Aid, theDepartment of 8 Rehabilitation Services, the Department of Public Health, and 9 any other appropriate entities for administration or 10 supervision by the Department of Mental Health and 11 Developmental Disabilities of all State programs for services 12 to persons in community care facilities for persons with 13 developmental disabilities, including but not limited to 14 intermediate care facilities, that are supported by State 15 funds or by funding under Title XIX of the federal Social 16 Security Act. The Department of Human Services shall succeed 17 to the responsibilities of the Department of Mental Health 18 and Developmental Disabilities and the Department of 19 Rehabilitation Services under any such cooperative 20 arrangement in existence on July 1, 1997. 21 (Source: P.A. 89-507, eff. 7-1-97.) 22 (20 ILCS 1705/18.3) 23 Sec. 18.3. Integrated system for services for the 24 mentally ill. The Department shall develop an effective, 25 integrated system for delivering State-funded and 26 State-operated services to persons with mental illness. No 27 later than June 30, 1994, the Department shall enter into one 28 or more cooperative arrangements with theDepartment of29Public Aid, theDepartment of Rehabilitation Services, the 30 Department of Public Health, and any other appropriate 31 entities for administration or supervision by the Department 32 of Mental Health and Developmental Disabilities of all State 33 programs for services to persons in community care facilities -72- LRB9206615WHmb 1 for persons with mental illness, including but not limited to 2 intermediate care facilities, that are supported by State 3 funds or by funding under Title XIX of the federal Social 4 Security Act. The Department shall form a medical advisory 5 panel, appointed by the Secretary, comprised of 5 physicians 6 licensed to practice medicine in all its branches with a 7 special emphasis in treating mental illness, to provide 8 advice on care rendered to patients in any integrated 9 delivery system. The Department of Human Services shall 10 succeed to the responsibilities of the Department of Mental 11 Health and Developmental Disabilities and the Department of 12 Rehabilitation Services under any such cooperative 13 arrangement in existence on July 1, 1997. 14 (Source: P.A. 88-388; 89-507, eff. 7-1-97.) 15 (20 ILCS 1705/50a) (from Ch. 91 1/2, par. 100-50a) 16 Sec. 50a. OBRA plan. On or before February 1 of each year 17 the Department shall submit, in cooperation with the 18Department of Public Aid and theDepartment of Public Health, 19 to the Governor and the General Assembly a comprehensive 20 status report on compliance with all mandatory provisions of 21 the federal Omnibus Budget Reconciliation Act of 1987. To 22 the extent that the Department is mandated to provide 23 hearings under the federal Omnibus Budget Reconciliation Act 24 of 1987, the Secretary's decision shall constitute a final 25 administrative decision under the Administrative Review Law. 26 (Source: P.A. 89-507, eff. 7-1-97.) 27 Section 85. The Department of Professional Regulation 28 Law of the Civil Administrative Code of Illinois is amended 29 by changing Sections 2105-15 and 2105-155 as follows: 30 (20 ILCS 2105/2105-15) (was 20 ILCS 2105/60) 31 Sec. 2105-15. General powers and duties. -73- LRB9206615WHmb 1 (a) The Department has, subject to the provisions of the 2 Civil Administrative Code of Illinois, the following powers 3 and duties: 4 (1) To authorize examinations in English to 5 ascertain the qualifications and fitness of applicants to 6 exercise the profession, trade, or occupation for which 7 the examination is held. 8 (2) To prescribe rules and regulations for a fair 9 and wholly impartial method of examination of candidates 10 to exercise the respective professions, trades, or 11 occupations. 12 (3) To pass upon the qualifications of applicants 13 for licenses, certificates, and authorities, whether by 14 examination, by reciprocity, or by endorsement. 15 (4) To prescribe rules and regulations defining, 16 for the respective professions, trades, and occupations, 17 what shall constitute a school, college, or university, 18 or department of a university, or other institution, 19 reputable and in good standing, and to determine the 20 reputability and good standing of a school, college, or 21 university, or department of a university, or other 22 institution, reputable and in good standing, by reference 23 to a compliance with those rules and regulations; 24 provided, that no school, college, or university, or 25 department of a university, or other institution that 26 refuses admittance to applicants solely on account of 27 race, color, creed, sex, or national origin shall be 28 considered reputable and in good standing. 29 (5) To conduct hearings on proceedings to revoke, 30 suspend, refuse to renew, place on probationary status, 31 or take other disciplinary action as authorized in any 32 licensing Act administered by the Department with regard 33 to licenses, certificates, or authorities of persons 34 exercising the respective professions, trades, or -74- LRB9206615WHmb 1 occupations and to revoke, suspend, refuse to renew, 2 place on probationary status, or take other disciplinary 3 action as authorized in any licensing Act administered by 4 the Department with regard to those licenses, 5 certificates, or authorities. The Department shall issue 6 a monthly disciplinary report. The Department shall deny 7 any license or renewal authorized by the Civil 8 Administrative Code of Illinois to any person who has 9 defaulted on an educational loan or scholarship provided 10 by or guaranteed by the Illinois Student Assistance 11 Commission or any governmental agency of this State; 12 however, the Department may issue a license or renewal if 13 the aforementioned persons have established a 14 satisfactory repayment record as determined by the 15 Illinois Student Assistance Commission or other 16 appropriate governmental agency of this State. 17 Additionally, beginning June 1, 1996, any license issued 18 by the Department may be suspended or revoked if the 19 Department, after the opportunity for a hearing under the 20 appropriate licensing Act, finds that the licensee has 21 failed to make satisfactory repayment to the Illinois 22 Student Assistance Commission for a delinquent or 23 defaulted loan. For the purposes of this Section, 24 "satisfactory repayment record" shall be defined by rule. 25 The Department shall refuse to issue or renew a license 26 to, or shall suspend or revoke a license of, any person 27 who, after receiving notice, fails to comply with a 28 subpoena or warrant relating to a paternity or child 29 support proceeding. However, the Department may issue a 30 license or renewal upon compliance with the subpoena or 31 warrant. 32 The Department, without further process or hearings, 33 shall revoke, suspend, or deny any license or renewal 34 authorized by the Civil Administrative Code of Illinois -75- LRB9206615WHmb 1 to a person who is certified by the Illinois Department 2 of Human ServicesPublic Aidas being more than 30 days 3 delinquent in complying with a child support order or who 4 is certified by a court as being in violation of the 5 Non-SupportofPunishment Act for more than 60 days. The 6 Department may, however, issue a license or renewal if 7 the person has established a satisfactory repayment 8 record as determined by the Illinois Department of Human 9 ServicesPublic Aidor if the person is determined by the 10 court to be in compliance with the Non-Support Punishment 11 Act. The Department may implement this paragraph as 12 added by Public Act 89-6 through the use of emergency 13 rules in accordance with Section 5-45 of the Illinois 14 Administrative Procedure Act. For purposes of the 15 Illinois Administrative Procedure Act, the adoption of 16 rules to implement this paragraph shall be considered an 17 emergency and necessary for the public interest, safety, 18 and welfare. 19 (6) To transfer jurisdiction of any realty under 20 the control of the Department to any other department of 21 the State Government or to acquire or accept federal 22 lands when the transfer, acquisition, or acceptance is 23 advantageous to the State and is approved in writing by 24 the Governor. 25 (7) To formulate rules and regulations necessary 26 for the enforcement of any Act administered by the 27 Department. 28 (8) To exchange with the Illinois Department of 29 Human ServicesPublic Aidinformation that may be 30 necessary for the enforcement of child support orders 31 entered pursuant to the Illinois Public Aid Code, the 32 Illinois Marriage and Dissolution of Marriage Act, the 33 Non-Support of Spouse and Children Act, the Non-Support 34 Punishment Act, the Revised Uniform Reciprocal -76- LRB9206615WHmb 1 Enforcement of Support Act, the Uniform Interstate Family 2 Support Act, or the Illinois Parentage Act of 1984. 3 Notwithstanding any provisions in this Code to the 4 contrary, the Department of Professional Regulation shall 5 not be liable under any federal or State law to any 6 person for any disclosure of information to the Illinois 7 Department of Human ServicesPublic Aidunder this 8 paragraph (8) or for any other action taken in good faith 9 to comply with the requirements of this paragraph (8). 10 (9) To perform other duties prescribed by law. 11 (b) The Department may, when a fee is payable to the 12 Department for a wall certificate of registration provided by 13 the Department of Central Management Services, require that 14 portion of the payment for printing and distribution costs be 15 made directly or through the Department to the Department of 16 Central Management Services for deposit into the Paper and 17 Printing Revolving Fund. The remainder shall be deposited 18 into the General Revenue Fund. 19 (c) For the purpose of securing and preparing evidence, 20 and for the purchase of controlled substances, professional 21 services, and equipment necessary for enforcement activities, 22 recoupment of investigative costs, and other activities 23 directed at suppressing the misuse and abuse of controlled 24 substances, including those activities set forth in Sections 25 504 and 508 of the Illinois Controlled Substances Act, the 26 Director and agents appointed and authorized by the Director 27 may expend sums from the Professional Regulation Evidence 28 Fund that the Director deems necessary from the amounts 29 appropriated for that purpose. Those sums may be advanced to 30 the agent when the Director deems that procedure to be in the 31 public interest. Sums for the purchase of controlled 32 substances, professional services, and equipment necessary 33 for enforcement activities and other activities as set forth 34 in this Section shall be advanced to the agent who is to make -77- LRB9206615WHmb 1 the purchase from the Professional Regulation Evidence Fund 2 on vouchers signed by the Director. The Director and those 3 agents are authorized to maintain one or more commercial 4 checking accounts with any State banking corporation or 5 corporations organized under or subject to the Illinois 6 Banking Act for the deposit and withdrawal of moneys to be 7 used for the purposes set forth in this Section; provided, 8 that no check may be written nor any withdrawal made from any 9 such account except upon the written signatures of 2 persons 10 designated by the Director to write those checks and make 11 those withdrawals. Vouchers for those expenditures must be 12 signed by the Director. All such expenditures shall be 13 audited by the Director, and the audit shall be submitted to 14 the Department of Central Management Services for approval. 15 (d) Whenever the Department is authorized or required by 16 law to consider some aspect of criminal history record 17 information for the purpose of carrying out its statutory 18 powers and responsibilities, then, upon request and payment 19 of fees in conformance with the requirements of Section 20 2605-400 of the Department of State Police Law (20 ILCS 21 2605/2605-400), the Department of State Police is authorized 22 to furnish, pursuant to positive identification, the 23 information contained in State files that is necessary to 24 fulfill the request. 25 (e) The provisions of this Section do not apply to 26 private business and vocational schools as defined by Section 27 1 of the Private Business and Vocational Schools Act. 28 (f) Beginning July 1, 1995, this Section does not apply 29 to those professions, trades, and occupations licensed under 30 the Real Estate License Act of 2000, nor does it apply to any 31 permits, certificates, or other authorizations to do business 32 provided for in the Land Sales Registration Act of 1989 or 33 the Illinois Real Estate Time-Share Act. 34 (Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00; -78- LRB9206615WHmb 1 91-245, eff. 12-31-99; 91-613, eff. 10-1-99; revised 2 9-29-99.) 3 (20 ILCS 2105/2105-155) (was 20 ILCS 2105/60n) 4 Sec. 2105-155. Suspension or termination of medical 5 services provider under the Public Aid Code. When the 6 Department receives notice from the Department of Human 7 ServicesPublic Aid, as required by Section 2205-10 of the 8Department ofPublic Aid Law (20 ILCS 2205/2205-10), that the 9 authorization to provide medical services under Article V of 10 the Illinois Public Aid Code has been suspended or terminated 11 with respect to any person, firm, corporation, association, 12 agency, institution, or other legal entity licensed under any 13 Act administered by the Department of Professional 14 Regulation, the Department of Professional Regulation shall 15 determine whether there are reasonable grounds to investigate 16 the circumstances that resulted in the suspension or 17 termination. If reasonable grounds are found, the Department 18 of Professional Regulation shall conduct an investigation and 19 take the disciplinary action against the licensee that the 20 Department determines to be required under the appropriate 21 licensing Act. 22 (Source: P.A. 91-239, eff. 1-1-00.) 23 Section 90. The Department of Public Aid Law of the 24 Civil Administrative Code of Illinois is amended by changing 25 the heading of Article 2205 and Sections 2205-1, 2205-5, and 26 2205-10 as follows: 27 (20 ILCS 2205/Art. 2205 heading) 28 ARTICLE 2205.DEPARTMENT OFPUBLIC AID 29 (20 ILCS 2205/2205-1) 30 Sec. 2205-1. Article short title. This Article 2205 of -79- LRB9206615WHmb 1 the Civil Administrative Code of Illinois may be cited as the 2Department ofPublic Aid Law. 3 (Source: P.A. 91-239, eff. 1-1-00.) 4 (20 ILCS 2205/2205-5) (was 20 ILCS 2205/48a) 5 Sec. 2205-5. Public Aid Code. The Department of Human 6 ServicesPublic Aidshall administer the Illinois Public Aid 7 Code as provided in that Code. 8 (Source: P.A. 91-239, eff. 1-1-00.) 9 (20 ILCS 2205/2205-10) (was 20 ILCS 2205/48b) 10 Sec. 2205-10. Suspension or termination of authorization 11 to provide medical services. Whenever the Department of Human 12 ServicesPublic Aidsuspends or terminates the authorization 13 of any person, firm, corporation, association, agency, 14 institution, or other legal entity to provide medical 15 services under Article V of the Illinois Public Aid Code and 16 the practice of providing those services or the maintenance 17 of facilities for those services is licensed under a 18 licensing Act administered by the Department of Public Health 19 or the Department of Professional Regulation, the Department 20 of Human ServicesPublic Aidshall, within 30 days of the 21 suspension or termination, give written notice of the 22 suspension or termination and transmit a record of the 23 evidence and specify the grounds on which the suspension or 24 termination is based to the Department that administers the 25 licensing Act under which that person, firm, corporation, 26 association, agency, institution, or other legal entity is 27 licensed, subject to any confidentiality requirements imposed 28 by applicable federal or State law. The cost of any such 29 record shall be borne by the Department to which it is 30 transmitted. 31 (Source: P.A. 91-239, eff. 1-1-00.) -80- LRB9206615WHmb 1 Section 95. The Illinois Health Finance Reform Act is 2 amended by changing Sections 2-4, 4-2, and 5-1 as follows: 3 (20 ILCS 2215/2-4) (from Ch. 111 1/2, par. 6502-4) 4 Sec. 2-4. Consultation. The Directors of the 5 Departments ofPublic Aid,Public Health and Insurance shall 6 consult with the Council, and shall provide the Council with 7 information it requires to perform its duties as outlined in 8 this Act. 9 (Source: P.A. 83-1243.) 10 (20 ILCS 2215/4-2) (from Ch. 111 1/2, par. 6504-2) 11 Sec. 4-2. Powers and duties. 12 (a) The Illinois Health Care Cost Containment Council 13 may enter into any agreement with any corporation, 14 association or other entity it deems appropriate to undertake 15 the process described in this Article for the compilation and 16 analysis of data collected by the Council and to conduct or 17 contract for studies on health-related questions carried out 18 in pursuance of the purposes of this Article. The agreement 19 may provide for the corporation, association or entity to 20 prepare and distribute or make available data to health care 21 providers, health care subscribers, third-party payors, 22 government and the general public, in accordance with the 23 rules of confidentiality and review to be developed under 24 this Act. 25 (b) The input data collected by and furnished to the 26 Council or designated corporation, association or entity 27 pursuant to this Section shall not be a public record under 28 the Illinois Freedom of Information Act. It is the intent of 29 this Act and of the regulations written pursuant to it to 30 protect the confidentiality of individual patient information 31 and the proprietary information of commercial insurance 32 carriers and health care providers. Data specified in -81- LRB9206615WHmb 1 subsections (e) and (e-5) shall be released on a hospital 2 specific and licensed ambulatory surgical treatment center 3 specific basis to facilitate comparisons among hospitals and 4 licensed ambulatory surgical treatment centers by purchasers. 5 (c) The Council shall require the Departments of Public 6 Health and Human ServicesPublic Aidand hospitals located in 7 the State to assist the Council in gathering and submitting 8 the following hospital-specific financial information, and 9 the Council is authorized to share this data with both 10 Departments to reduce the burden on hospitals by avoiding 11 duplicate data collection: 12 OPERATING REVENUES 13 (1) Net patient service revenue 14 (2) Other revenue 15 (3) Total operating revenue 16 OPERATING EXPENSES 17 (4) Bad debt expense 18 (5) Total operating expenses 19 NON-OPERATING GAINS/LOSSES 20 (6) Total non-operating gains 21 (7) Total non-operating losses 22 PATIENT CARE REVENUES 23 (8) Gross inpatient revenue 24 (9) Gross outpatient revenue 25 (10) Other Patient care revenue 26 (11) Total patient revenue 27 (12) Total gross patient care revenue 28 (13) Medicare gross revenue 29 (14) Medicaid gross revenue 30 (15) Total other gross revenue 31 DEDUCTIONS FROM REVENUE 32 (16) Charity care -82- LRB9206615WHmb 1 (17) Medicare allowance 2 (18) Medicaid allowance 3 (19) Other contractual allowances 4 (20) Other allowances 5 (21) Total Deductions 6 ASSETS 7 (22) Operating cash and short-term investments 8 (23) Estimated patient accounts receivable 9 (24) Other current assets 10 (25) Total current assets 11 (26) Total other assets 12 (27) Total Assets 13 LIABILITIES AND FUND BALANCES 14 (28) Total current liabilities 15 (29) Long Term Debt 16 (30) Other liabilities 17 (31) Total liabilities 18 (32) Total liabilities and fund balances 19 All financial data collected by the Council from publicly 20 available sources such as the HCFA is releasable by the 21 Council on a hospital specific basis when appropriate. 22 (d) Uniform Provider Utilization and Charge 23 Information. The Council shall require that: 24 (1) Hospitals licensed to operate in the State of 25 Illinois adopt a uniform system for submitting patient 26 charges for payment from public and private payors 27 effective January 1, 1985. This system shall be based 28 upon adoption of the uniform hospital billing form 29 (UB-92) or its successor form developed by the National 30 Uniform Billing Committee. 31 (2) (Blank). 32 (3) The Department of Insurance require all 33 third-party payors, including but not limited to, -83- LRB9206615WHmb 1 licensed insurers, medical and hospital service 2 corporations, health maintenance organizations, and 3 self-funded employee health plans, to accept the uniform 4 billing form, without attachment as submitted by 5 hospitals pursuant to paragraph (1) of subsection (d) 6 above, effective January 1, 1985; provided, however, 7 nothing shall prevent all such third party payors from 8 requesting additional information necessary to determine 9 eligibility for benefits or liability for reimbursement 10 for services provided. 11 (e) The Council, in cooperation with the State 12 Departments of Human ServicesPublic Aid, Insurance, and 13 Public Health, shall establish a system for the collection of 14 the following information from hospitals utilizing the raw 15 data available on the uniform billing forms. Such data shall 16 include the following elements and other elements contained 17 on the uniform billing form or its successor form determined 18 as necessary by the Council: 19 (1) Patient date of birth 20 (2) Patient sex 21 (3) Patient zip code 22 (4) Third-party coverage 23 (5) Date of admission 24 (6) Source of admission 25 (7) Type of admission 26 (8) Discharge date 27 (9) Principal and up to 8 other diagnoses 28 (10) Principal procedure and date 29 (11) Patient status 30 (12) Other procedures and dates 31 (13) Total charges and components of those charges 32 (14) Attending and consulting physician identification 33 numbers 34 (15) Hospital identification number -84- LRB9206615WHmb 1 (16) An alphanumeric number based on the information to 2 identify the payor 3 (17) Principal source of payment. 4 (e-5) The Council, in cooperation with the Department of 5 Human ServicesPublic Aid, the Department of Insurance, and 6 the Department of Public Health, shall establish a system for 7 the collection of the following information for each 8 outpatient surgery performed at hospitals and licensed 9 ambulatory surgical treatment centers using the raw data 10 available on outpatient billing forms submitted by hospitals 11 and licensed ambulatory surgical treatment centers to payors. 12 The data must include the following elements, if available on 13 the billing forms, and other elements contained on the 14 billing forms that the Council determines are necessary: 15 (1) patient date of birth; 16 (2) patient sex; 17 (3) patient zip code; 18 (4) third-party coverage; 19 (5) date of admission; 20 (6) source of admission; 21 (7) type of admission; 22 (8) discharge date; 23 (9) principal diagnosis and up to 8 other 24 diagnoses; 25 (10) principal procedure and the date of the 26 procedure; 27 (11) patient status; 28 (12) other procedures and the dates of those 29 procedures; 30 (13) attending and consulting physician 31 identification numbers; 32 (14) hospital or licensed ambulatory surgical 33 treatment center identification number; 34 (15) an alphanumeric number based on the -85- LRB9206615WHmb 1 information needed to identify the payor; and 2 (16) principal source of payment. 3 (f) Extracts of the UB-92 transactions shall be prepared 4 by hospitals according to regulations promulgated by the 5 Council and submitted in electronic format to the Council or 6 the corporation, association or entity designated by the 7 Council. 8 For hospitals unable to submit extracts in electronic 9 format, the Council shall determine an alternate method for 10 submission of data. Such extract reporting systems shall be 11 in operation before January 1, 1987; however, the Council may 12 grant time extensions to individual hospital. 13 (f-5) Extracts of the billing forms shall be prepared by 14 licensed ambulatory surgical treatment centers according to 15 rules adopted by the Council and submitted to the Council or 16 a corporation, association, or entity designated by the 17 Council. Electronic submissions shall be encouraged. For 18 licensed ambulatory surgical treatment centers unable to 19 submit extracts in an electronic format the Council must 20 determine an alternate method for submission of data. 21 (g) Under no circumstances shall patient name and social 22 security number appear on the extracts. 23 (h) Hospitals and licensed ambulatory surgical treatment 24 centers shall be assigned a standard identification number by 25 the Council to be used in the submission of all data. 26 (i) The Council shall collect a 100% inpatient sample 27 from hospitals annually. The Council shall require each 28 hospital in the State to submit the UB-92 data extracts 29 required in subsection (e) to the Council, except that 30 hospitals with fewer than 50 beds may be exempted by the 31 Council from the filing requirements if they prove to the 32 Council's satisfaction that the requirements would impose 33 undue economic hardship and if the Council determines that 34 the data submitted from these hospitals are not essential to -86- LRB9206615WHmb 1 its data base and its concomitant health care cost comparison 2 efforts. 3 (i-5) The Council shall collect up to a 100% outpatient 4 sample annually from hospitals and licensed ambulatory 5 surgical treatment centers. The Council shall require each 6 hospital and licensed ambulatory surgical treatment center in 7 the State to submit the data extracts required under 8 subsection (e-5) to the Council, except that hospitals and 9 licensed ambulatory surgical treatment centers may be 10 exempted by the Council from the filing requirements if the 11 hospitals or licensed ambulatory surgical treatment centers 12 prove to the Council's satisfaction that the requirements 13 would impose undue economic hardship and if the Council 14 determines that the data submitted from those hospitals and 15 licensed ambulatory surgical treatment centers are not 16 essential to the Council's database and its concomitant 17 health care comparison efforts. 18 (i-10) The outpatient data shall be collected by the 19 Council on a phase-in and trial basis for a one-year period 20 beginning on January 1, 2001. The Council shall implement 21 outpatient data collection for reporting purposes beginning 22 on January 1, 2002. 23 (j) The information submitted to the Council pursuant to 24 subsections (e) and (e-5) shall be reported for each primary 25 payor category, including Medicare, Medicaid, other 26 government programs, private insurance, health maintenance 27 organizations, self-insured, private pay patients, and 28 others. Preferred provider organization reimbursement shall 29 also be reported for each primary third party payor category. 30 (k) The Council shall require and the designated 31 corporation, association or entity, if applicable, shall 32 prepare quarterly basic reports in the aggregate on health 33 care cost and utilization trends in Illinois. The Council 34 shall provide these reports to the public, if requested. -87- LRB9206615WHmb 1 These shall include, but not be limited to, comparative 2 information on average charges, total and ancillary charge 3 components, length of stay on diagnosis-specific and 4 procedure specific cases, and number of discharges, compiled 5 in aggregate by hospital and licensed ambulatory surgical 6 treatment center, by diagnosis, and by primary payor 7 category. 8 (l) The Council shall, from information submitted 9 pursuant to subsection (e), prepare an annual report in the 10 aggregate by hospital containing the following: 11 (1) the ratio of caesarean section deliveries to 12 total deliveries; 13 (2) the average length of stay for patients who 14 undergo caesarean sections; 15 (3) the average total charges for patients who have 16 normal deliveries without any significant complications; 17 (4) the average total charges for patients who 18 deliver by caesarean section. 19 The Council shall provide this report to the public, if 20 requested. 21 (l-5) (Blank). 22 (m) Prior to the release or dissemination of these 23 reports, the Council or the designated corporation shall 24 permit providers the opportunity to verify the accuracy of 25 any information pertaining to the provider. The providers 26 may submit to the Council any corrections or errors in the 27 compilation of the data with any supporting evidence and 28 documents the providers may submit. The Council or 29 corporation shall correct data found to be in error and 30 include additional commentary as requested by the provider 31 for major deviations in the charges from the average charges. 32 For purposes of this subsection (m), "providers" includes 33 physicians licensed to practice medicine in all of its 34 branches. -88- LRB9206615WHmb 1 (n) In addition to the reports indicated above, the 2 Council shall respond to requests by agencies of government 3 and organizations in the private sector for data products, 4 special studies and analysis of data collected pursuant to 5 this Section. Such reports shall be undertaken only by the 6 agreement of a majority of the members of the Council who 7 shall designate the form in which the information shall be 8 made available. The Council or the corporation, association 9 or entity in consultation with the Council shall also 10 determine a fee to be charged to the requesting agency or 11 private sector organization to cover the direct and indirect 12 costs for producing such a report, and shall permit affected 13 providers the rights to review the accuracy of the report 14 before it is released. Such reports shall not be subject to 15 The Freedom of Information Act. 16 (Source: P.A. 91-756, eff. 6-2-00.) 17 (20 ILCS 2215/5-1) (from Ch. 111 1/2, par. 6505-1) 18 Sec. 5-1. Mandatory Utilization Review. 19 (a) Except as prohibited by Federal law or regulations, 20 any third party payor shall have the option to require 21 utilization review for hospital admissions and continued 22 hospital stays, except for the Illinois Department of Human 23 ServicesPublic Aidfor payment of hospital services for 24 recipients of assistance under Articles V, VI, and VII of the 25 Illinois Public Aid Code. The payor shall have the option to 26 contract with a medical peer review organization, provided 27 that the organization is at minimum, composed of 10% of area 28 physicians, or the hospital to perform utilization review or 29 to conduct its own utilization review. A medical peer review 30 organization, as defined, may also contract with hospitals to 31 perform reviews on a delegated basis. The utilization review 32 process shall provide for the timely notification of patients 33 by the third party payor or review organization that further -89- LRB9206615WHmb 1 services are deemed inappropriate or medically unnecessary. 2 Such notification shall inform the patient that his third 3 party payor will cease coverage after a stated period from 4 the date of the notification. No third party payor shall be 5 liable for charges for health care services rendered by a 6 hospital subsequent to the end of the notification period. 7 Nothing in this Section shall be construed as authorizing 8 any person or third party payor, other than through the use 9 of physicians licensed to practice medicine in all of its 10 branches or other licensed health care professionals under 11 the supervision of said physicians, to conduct utilization 12 review. 13 (b) All costs associated with utilization review under 14 this section shall be billed to and paid by the third party 15 payor ordering the review. 16 (c) Any third party payor for hospital services may 17 contract with a hospital for a program of utilization review 18 different than that required by this subsection, which 19 contract may provide for the withholding and denial of 20 payment for hospital services to a beneficiary, when such 21 treatment is found in the course of utilization review to 22 have been inappropriate and unwarranted in the case of that 23 beneficiary. 24 (d) All records and reports arising as a result of this 25 subsection shall be strictly privileged and confidential, as 26 provided under Part 21 of Article VIII of the Code of Civil 27 Procedure. 28 (Source: P.A. 91-357, eff. 7-29-99.) 29 Section 100. The Department of Public Health Powers and 30 Duties Law of the Civil Administrative Code of Illinois is 31 amended by changing Sections 2310-135, 2310-215, 2310-275, 32 and 2310-395 as follows: -90- LRB9206615WHmb 1 (20 ILCS 2310/2310-135) (was 20 ILCS 2310/55.37) 2 Sec. 2310-135. Notice of suspension or termination of 3 medical services provider under Public Aid Code. When the 4 Department receives notice from the Department of Human 5 ServicesPublic Aid, as required by Section 2205-10 of the 6Department ofPublic Aid Law (20 ILCS 2205/2205-10), that the 7 authorization to provide medical services under Article V of 8 the Illinois Public Aid Code has been suspended or terminated 9 with respect to any person, firm, corporation, association, 10 agency, institution, or other legal entity licensed under any 11 Act administered by the Department of Public Health, the 12 Department of Public Health shall determine whether there are 13 reasonable grounds to investigate the circumstances that 14 resulted in the suspension or termination. If such 15 reasonable grounds are found, the Department of Public Health 16 shall conduct an investigation and take disciplinary action 17 against the licensee that the Department determines to be 18 required under the appropriate licensing Act. 19 (Source: P.A. 91-239, eff. 1-1-00.) 20 (20 ILCS 2310/2310-215) (was 20 ILCS 2310/55.62) 21 Sec. 2310-215. Center for Minority Health Services. 22 (a) The Department shall establish a Center for Minority 23 Health Services to advise the Department on matters 24 pertaining to the health needs of minority populations within 25 the State. 26 (b) The Center shall have the following duties: 27 (1) To assist in the assessment of the health needs 28 of minority populations in the State. 29 (2) To recommend treatment methods and programs 30 that are sensitive and relevant to the unique linguistic, 31 cultural, and ethnic characteristics of minority 32 populations. 33 (3) To provide consultation, technical assistance, -91- LRB9206615WHmb 1 training programs, and reference materials to service 2 providers, organizations, and other agencies. 3 (4) To promote awareness of minority health 4 concerns, and encourage, promote, and aid in the 5 establishment of minority services. 6 (5) To disseminate information on available 7 minority services. 8 (6) To provide adequate and effective opportunities 9 for minority populations to express their views on 10 Departmental policy development and program 11 implementation. 12 (7) To coordinate with the Department on Aging and 13 the Department of Human ServicesPublic Aidto coordinate 14 services designed to meet the needs of minority senior 15 citizens. 16 (c) For the purpose of this Section, "minority" shall 17 mean and include any person or group of persons who are: 18 (1) African-American (a person having origins in 19 any of the black racial groups in Africa); 20 (2) Hispanic (a person of Spanish or Portuguese 21 culture with origins in Mexico, South or Central America, 22 or the Caribbean Islands, regardless of race); 23 (3) Asian American (a person having origins in any 24 of the original peoples of the Far East, Southeast Asia, 25 the Indian Subcontinent or the Pacific Islands); or 26 (4) American Indian or Alaskan Native (a person 27 having origins in any of the original peoples of North 28 America). 29 (Source: P.A. 91-239, eff. 1-1-00.) 30 (20 ILCS 2310/2310-275) (was 20 ILCS 2310/55.61) 31 Sec. 2310-275. Child health insurance plan study. 32 (a) The Department, in cooperation with the Department 33 of Insurance and the Department of Human ServicesPublic Aid, -92- LRB9206615WHmb 1 shall undertake a study to determine the feasibility of 2 establishing a child health insurance plan to provide primary 3 and preventive health care services for children. The study 4 shall provide an analysis of the types of health care 5 services and benefits needed, including, but not limited to, 6 well-child care, diagnosis and treatment of illness and 7 injury, prescription drugs, and laboratory services. The 8 study shall include an analysis of the cost of the plan and 9 possible sources of funding. The study shall include a 10 review of similar plans operating in other states. 11 (b) The Department shall file its report as provided in 12 Section 3.1 of the General Assembly Organization Act no later 13 than 6 months after January 1, 1992. 14 (Source: P.A. 91-239, eff. 1-1-00.) 15 (20 ILCS 2310/2310-395) (was 20 ILCS 2310/55.72) 16 Sec. 2310-395. Task Force on Organ Transplantation. 17 (a) There is established within the Department a Task 18 Force on Organ Transplantation ("the Task Force"). The Task 19 Force shall have the following 21 members: 20 (1) The Director, ex officio, or his or her 21 designee. 22 (2) The Secretary of State, ex officio, or his or 23 her designee. 24 (3) Four members, appointed one each by the 25 President of the Senate, the Minority Leader of the 26 Senate, the Speaker of the House of Representatives, and 27 the Minority Leader of the House of Representatives. 28 (4) Fifteen members appointed by the Director as 29 follows: 2 physicians (at least one of whom shall have 30 experience in organ transplantation); one representative 31 of medical schools; one representative of hospitals; one 32 representative of insurers or self-insurers; one 33 representative of an organization devoted to organ -93- LRB9206615WHmb 1 donation or the coordination of organ donations; one 2 representative of an organization that deals with tissue 3 donation or the coordination of tissue donations; one 4 representative from the Illinois Department of Human 5 ServicesPublic Aid; one representative from the Illinois 6 Eye Bank Community; one representative from the Illinois 7 Hospital and Health Systems Association; one 8 representative from the Illinois State Coroners 9 Association; one representative from the Illinois State 10 Medical Society; one representative from Mid-America 11 Transplantation Services; and 2 members of the general 12 public who are knowledgeable in areas of the Task Force's 13 work. 14 (b) The Task Force shall conduct a comprehensive 15 examination of the medical, legal, ethical, economic, and 16 social issues presented by human organ procurement and 17 transplantation. 18 (c) The Task Force shall report its findings and 19 recommendations to the Governor and the General Assembly on 20 or before January 1, of each year, and the Task Force's final 21 report shall be filed on or before January 1, 1999. The 22 report shall include, but need not be limited to, the 23 following: 24 (1) An assessment of public and private efforts to 25 procure human organs for transplantation and an 26 identification of factors that diminish the number of 27 organs available for transplantation. 28 (2) An assessment of problems in coordinating the 29 procurement of viable human organs and tissue including 30 skin and bones. 31 (3) Recommendations for the education and training 32 of health professionals, including physicians, nurses, 33 and hospital and emergency care personnel, with respect 34 to organ procurement. -94- LRB9206615WHmb 1 (4) Recommendations for the education of the 2 general public, the clergy, law enforcement officers, 3 members of local fire departments, and other agencies and 4 individuals that may be instrumental in affecting organ 5 procurement. 6 (5) Recommendations for ensuring equitable access 7 by patients to organ transplantation and for ensuring the 8 equitable allocation of donated organs among transplant 9 centers and among patients medically qualified for an 10 organ transplant. 11 (6) An identification of barriers to the donation 12 of organs to patients (with special emphasis on pediatric 13 patients), including an assessment of each of the 14 following: 15 (A) Barriers to the improved identification of 16 organ donors and their families and organ 17 recipients. 18 (B) The number of potential organ donors and 19 their geographical distribution. 20 (C) Current health care services provided for 21 patients who need organ transplantation and organ 22 procurement procedures, systems, and programs that 23 affect those patients. 24 (D) Cultural factors affecting the facility 25 with respect to the donation of the organs. 26 (E) Ethical and economic issues relating to 27 organ transplantation needed by chronically ill 28 patients. 29 (7) An analysis of the factors involved in 30 insurance reimbursement for transplant procedures by 31 private insurers and the public sector. 32 (8) An analysis of the manner in which organ 33 transplantation technology is diffused among and adopted 34 by qualified medical centers, including a specification -95- LRB9206615WHmb 1 of the number and geographical distribution of qualified 2 medical centers using that technology and an assessment 3 of whether the number of centers using that technology is 4 sufficient or excessive and whether the public has 5 sufficient access to medical procedures using that 6 technology. 7 (9) Recommendations for legislative changes 8 necessary to make organ transplants more readily 9 available to Illinois citizens. 10 (d) The Director of Public Health shall review the 11 progress of the Task Force to determine the need for its 12 continuance, and the Director shall report this determination 13 to the Governor and the General Assembly on or before January 14 1, 1999. 15 (Source: P.A. 91-239, eff. 1-1-00.) 16 Section 105. The Disabled Persons Rehabilitation Act is 17 amended by changing Section 3 as follows: 18 (20 ILCS 2405/3) (from Ch. 23, par. 3434) 19 Sec. 3. Powers and duties. The Department shall have the 20 powers and duties enumerated herein: 21 (a) To co-operate with the federal government in the 22 administration of the provisions of the federal 23 Rehabilitation Act of 1973, as amended, of the Workforce 24 Investment Act of 1998, and of the federal Social Security 25 Act to the extent and in the manner provided in these Acts. 26 (b) To prescribe and supervise such courses of 27 vocational training and provide such other services as may be 28 necessary for the habilitation and rehabilitation of persons 29 with one or more disabilities, including the administrative 30 activities under subsection (e) of this Section, and to 31 co-operate with State and local school authorities and other 32 recognized agencies engaged in habilitation, rehabilitation -96- LRB9206615WHmb 1 and comprehensive rehabilitation services; and to cooperate 2 with the Department of Children and Family Services regarding 3 the care and education of children with one or more 4 disabilities. 5 (c) To make such reports and submit such plans to the 6 federal government as are required by the provisions of the 7 federal Rehabilitation Act of 1973, as amended, and by the 8 rules and regulations of the federal agency or agencies 9 administering the federal Rehabilitation Act of 1973, as 10 amended, the Workforce Investment Act of 1998, and the 11 federal Social Security Act. 12 (d) To report in writing, to the Governor, annually on 13 or before the first day of December, and at such other times 14 and in such manner and upon such subjects as the Governor may 15 require. The annual report shall contain (1) a statement of 16 the existing condition of comprehensive rehabilitation 17 services, habilitation and rehabilitation in the State; (2) a 18 statement of suggestions and recommendations with reference 19 to the development of comprehensive rehabilitation services, 20 habilitation and rehabilitation in the State; and (3) an 21 itemized statement of the amounts of money received from 22 federal, State and other sources, and of the objects and 23 purposes to which the respective items of these several 24 amounts have been devoted. 25 (e) To exercise, pursuant to Section 13 of this Act, 26 executive and administrative supervision over all 27 institutions, divisions, programs and services now existing 28 or hereafter acquired or created under the jurisdiction of 29 the Department, including, but not limited to, the following: 30 The Illinois School for the Visually Impaired at 31 Jacksonville, as provided under Section 10 of this Act, 32 The Illinois School for the Deaf at Jacksonville, as 33 provided under Section 10 of this Act, and 34 The Illinois Center for Rehabilitation and Education, as -97- LRB9206615WHmb 1 provided under Section 11 of this Act. 2 (f) To establish a program of services to prevent 3 unnecessary institutionalization of persons with Alzheimer's 4 disease and related disorders or persons in need of long term 5 care who are established as blind or disabled as defined by 6 the Social Security Act, thereby enabling them to remain in 7 their own homes or other living arrangements. Such preventive 8 services may include, but are not limited to, any or all of 9 the following: 10 (1) home health services; 11 (2) home nursing services; 12 (3) homemaker services; 13 (4) chore and housekeeping services; 14 (5) day care services; 15 (6) home-delivered meals; 16 (7) education in self-care; 17 (8) personal care services; 18 (9) adult day health services; 19 (10) habilitation services; 20 (11) respite care; or 21 (12) other nonmedical social services that may 22 enable the person to become self-supporting. 23 The Department shall establish eligibility standards for 24 such services taking into consideration the unique economic 25 and social needs of the population for whom they are to be 26 provided. Such eligibility standards may be based on the 27 recipient's ability to pay for services; provided, however, 28 that any portion of a person's income that is equal to or 29 less than the "protected income" level shall not be 30 considered by the Department in determining eligibility. The 31 "protected income" level shall be determined by the 32 Department, shall never be less than the federal poverty 33 standard, and shall be adjusted each year to reflect changes 34 in the Consumer Price Index For All Urban Consumers as -98- LRB9206615WHmb 1 determined by the United States Department of Labor. 2 Additionally, in determining the amount and nature of 3 services for which a person may qualify, consideration shall 4 not be given to the value of cash, property or other assets 5 held in the name of the person's spouse pursuant to a written 6 agreement dividing marital property into equal but separate 7 shares or pursuant to a transfer of the person's interest in 8 a home to his spouse, provided that the spouse's share of the 9 marital property is not made available to the person seeking 10 such services. 11 The services shall be provided to eligible persons to 12 prevent unnecessary or premature institutionalization, to the 13 extent that the cost of the services, together with the other 14 personal maintenance expenses of the persons, are reasonably 15 related to the standards established for care in a group 16 facility appropriate to their condition. These 17 non-institutional services, pilot projects or experimental 18 facilities may be provided as part of or in addition to those 19 authorized by federal law or those funded and administered by 20 the Illinois Department on Aging. 21 Personal care attendants shall be paid: 22 (i) A $5 per hour minimum rate beginning July 1, 23 1995. 24 (ii) A $5.30 per hour minimum rate beginning July 25 1, 1997. 26 (iii) A $5.40 per hour minimum rate beginning July 27 1, 1998. 28 The Department shall execute, relative to the nursing 29 home prescreening project, as authorized by Section 4.03 of 30 the Illinois Act on the Aging, written inter-agency 31 agreements with the Department on Agingand the Department of32Public Aid,to effect the following: (i) intake procedures 33 and common eligibility criteria for those persons who are 34 receiving non-institutional services; and (ii) the -99- LRB9206615WHmb 1 establishment and development of non-institutional services 2 in areas of the State where they are not currently available 3 or are undeveloped. On and after July 1, 1996, all nursing 4 home prescreenings for individuals 18 through 59 years of age 5 shall be conducted by the Department. 6 The Department is authorized to establish a system of 7 recipient cost-sharing for services provided under this 8 Section. The cost-sharing shall be based upon the 9 recipient's ability to pay for services, but in no case shall 10 the recipient's share exceed the actual cost of the services 11 provided. Protected income shall not be considered by the 12 Department in its determination of the recipient's ability to 13 pay a share of the cost of services. The level of 14 cost-sharing shall be adjusted each year to reflect changes 15 in the "protected income" level. The Department shall deduct 16 from the recipient's share of the cost of services any money 17 expended by the recipient for disability-related expenses. 18 The Department, or the Department's authorized 19 representative, shall recover the amount of moneys expended 20 for services provided to or in behalf of a person under this 21 Section by a claim against the person's estate or against the 22 estate of the person's surviving spouse, but no recovery may 23 be had until after the death of the surviving spouse, if any, 24 and then only at such time when there is no surviving child 25 who is under age 21, blind, or permanently and totally 26 disabled. This paragraph, however, shall not bar recovery, 27 at the death of the person, of moneys for services provided 28 to the person or in behalf of the person under this Section 29 to which the person was not entitled; provided that such 30 recovery shall not be enforced against any real estate while 31 it is occupied as a homestead by the surviving spouse or 32 other dependent, if no claims by other creditors have been 33 filed against the estate, or, if such claims have been filed, 34 they remain dormant for failure of prosecution or failure of -100- LRB9206615WHmb 1 the claimant to compel administration of the estate for the 2 purpose of payment. This paragraph shall not bar recovery 3 from the estate of a spouse, under Sections 1915 and 1924 of 4 the Social Security Act and Section 5-4 of the Illinois 5 Public Aid Code, who precedes a person receiving services 6 under this Section in death. All moneys for services paid to 7 or in behalf of the person under this Section shall be 8 claimed for recovery from the deceased spouse's estate. 9 "Homestead", as used in this paragraph, means the dwelling 10 house and contiguous real estate occupied by a surviving 11 spouse or relative, as defined by the rules and regulations 12 of the Illinois Department of Human ServicesPublic Aid, 13 regardless of the value of the property. 14 The Department and the Department on Aging shall 15 cooperate in the development and submission of an annual 16 report on programs and services provided under this Section. 17 Such joint report shall be filed with the Governor and the 18 General Assembly on or before March 30 each year. 19 The requirement for reporting to the General Assembly 20 shall be satisfied by filing copies of the report with the 21 Speaker, the Minority Leader and the Clerk of the House of 22 Representatives and the President, the Minority Leader and 23 the Secretary of the Senate and the Legislative Research 24 Unit, as required by Section 3.1 of the General Assembly 25 Organization Act, and filing additional copies with the State 26 Government Report Distribution Center for the General 27 Assembly as required under paragraph (t) of Section 7 of the 28 State Library Act. 29 (g) To establish such subdivisions of the Department as 30 shall be desirable and assign to the various subdivisions the 31 responsibilities and duties placed upon the Department by 32 law. 33 (h) To cooperate and enter into any necessary agreements 34 with the Department of Employment Security for the provision -101- LRB9206615WHmb 1 of job placement and job referral services to clients of the 2 Department, including job service registration of such 3 clients with Illinois Employment Security offices and making 4 job listings maintained by the Department of Employment 5 Security available to such clients. 6 (i) To possess all powers reasonable and necessary for 7 the exercise and administration of the powers, duties and 8 responsibilities of the Department which are provided for by 9 law. 10 (j) To establish a procedure whereby new providers of 11 personal care attendant services shall submit vouchers to the 12 State for payment two times during their first month of 13 employment and one time per month thereafter. In no case 14 shall the Department pay personal care attendants an hourly 15 wage that is less than the federal minimum wage. 16 (k) To provide adequate notice to providers of chore and 17 housekeeping services informing them that they are entitled 18 to an interest payment on bills which are not promptly paid 19 pursuant to Section 3 of the State Prompt Payment Act. 20 (l) To establish, operate and maintain a Statewide 21 Housing Clearinghouse of information on available, government 22 subsidized housing accessible to disabled persons and 23 available privately owned housing accessible to disabled 24 persons. The information shall include but not be limited to 25 the location, rental requirements, access features and 26 proximity to public transportation of available housing. The 27 Clearinghouse shall consist of at least a computerized 28 database for the storage and retrieval of information and a 29 separate or shared toll free telephone number for use by 30 those seeking information from the Clearinghouse. Department 31 offices and personnel throughout the State shall also assist 32 in the operation of the Statewide Housing Clearinghouse. 33 Cooperation with local, State and federal housing managers 34 shall be sought and extended in order to frequently and -102- LRB9206615WHmb 1 promptly update the Clearinghouse's information. 2 (Source: P.A. 90-365, eff. 8-10-97; 91-540, eff. 8-13-99.) 3 Section 110. The Department of Revenue Law of the Civil 4 Administrative Code of Illinois is amended by changing 5 Sections 2505-65 and 2505-650 as follows: 6 (20 ILCS 2505/2505-65) (was 20 ILCS 2505/39b12) 7 Sec. 2505-65. Exchange of information. 8 (a) The Department has the power to exchange with any 9 state, with any local subdivisions of any state, or with the 10 federal government, except when specifically prohibited by 11 law, any information that may be necessary to efficient tax 12 administration and that may be acquired as a result of the 13 administration of the laws set forth in the Sections 14 following Section 95-10 and preceding Section 2505-60. 15 (b) The Department has the power to exchange with the 16 Illinois Department of Human ServicesPublic Aidinformation 17 that may be necessary for the enforcement of child support 18 orders entered pursuant to the Illinois Public Aid Code, the 19 Illinois Marriage and Dissolution of Marriage Act, the 20 Non-Support of Spouse and Children Act, the Non-Support 21 Punishment Act, the Revised Uniform Reciprocal Enforcement of 22 Support Act, the Uniform Interstate Family Support Act, or 23 the Illinois Parentage Act of 1984. Notwithstanding any 24 provisions in this Code to the contrary, the Department of 25 Revenue shall not be liable to any person for any disclosure 26 of information to the Illinois Department of Human Services 27Public Aidunder this subsection (b) or for any other action 28 taken in good faith to comply with the requirements of this 29 subsection (b). 30 (Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00; 31 91-613, eff. 10-1-99; revised 8-5-99.) -103- LRB9206615WHmb 1 (20 ILCS 2505/2505-650) (was 20 ILCS 2505/39b52) 2 Sec. 2505-650. Collection of past due support. Upon 3 certification of past due child support amounts from the 4 Department of Human ServicesPublic Aid, the Department of 5 Revenue may collect the delinquency in any manner authorized 6 for the collection of any tax administered by the Department 7 of Revenue. The Department of Revenue shall notify the 8 Department of Human ServicesPublic Aidwhen the delinquency 9 or any portion of the delinquency has been collected under 10 this Section. Any child support delinquency collected by the 11 Department of Revenue, including those amounts that result in 12 overpayment of a child support delinquency, shall be 13 deposited into the Child Support Enforcement Trust Fund or 14 paid to the State Disbursement Unit established under Section 15 10-26 of the Illinois Public Aid Code, at the direction of 16 the Department of Human ServicesPublic Aid. The Department 17 of Revenue may implement this Section through the use of 18 emergency rules in accordance with Section 5-45 of the 19 Illinois Administrative Procedure Act. For purposes of the 20 Illinois Administrative Procedure Act, the adoption of rules 21 to implement this Section shall be considered an emergency 22 and necessary for the public interest, safety, and welfare. 23 (Source: P.A. 90-491, eff. 1-1-98; 91-212, eff. 7-20-99; 24 91-239, eff. 1-1-00; 91-712, eff. 7-1-00.) 25 Section 115. The Department of State Police Law of the 26 Civil Administrative Code of Illinois is amended by changing 27 Section 55a as follows: 28 (20 ILCS 2605/55a) (from Ch. 127, par. 55a) 29 (Text of Section from P.A. 91-309) 30 Sec. 55a. Powers and duties. 31 (A) The Department of State Police shall have the 32 following powers and duties, and those set forth in Sections -104- LRB9206615WHmb 1 55a-1 through 55c: 2 1. To exercise the rights, powers and duties which have 3 been vested in the Department of Public Safety by the State 4 Police Act. 5 2. To exercise the rights, powers and duties which have 6 been vested in the Department of Public Safety by the State 7 Police Radio Act. 8 3. To exercise the rights, powers and duties which have 9 been vested in the Department of Public Safety by the 10 Criminal Identification Act. 11 4. To (a) investigate the origins, activities, personnel 12 and incidents of crime and the ways and means to redress the 13 victims of crimes, and study the impact, if any, of 14 legislation relative to the effusion of crime and growing 15 crime rates, and enforce the criminal laws of this State 16 related thereto, (b) enforce all laws regulating the 17 production, sale, prescribing, manufacturing, administering, 18 transporting, having in possession, dispensing, delivering, 19 distributing, or use of controlled substances and cannabis, 20 (c) employ skilled experts, scientists, technicians, 21 investigators or otherwise specially qualified persons to aid 22 in preventing or detecting crime, apprehending criminals, or 23 preparing and presenting evidence of violations of the 24 criminal laws of the State, (d) cooperate with the police of 25 cities, villages and incorporated towns, and with the police 26 officers of any county, in enforcing the laws of the State 27 and in making arrests and recovering property, (e) apprehend 28 and deliver up any person charged in this State or any other 29 State of the United States with treason, felony, or other 30 crime, who has fled from justice and is found in this State, 31 and (f) conduct such other investigations as may be provided 32 by law. Persons exercising these powers within the Department 33 are conservators of the peace and as such have all the powers 34 possessed by policemen in cities and sheriffs, except that -105- LRB9206615WHmb 1 they may exercise such powers anywhere in the State in 2 cooperation with and after contact with the local law 3 enforcement officials. Such persons may use false or 4 fictitious names in the performance of their duties under 5 this paragraph, upon approval of the Director, and shall not 6 be subject to prosecution under the criminal laws for such 7 use. 8 5. To: (a) be a central repository and custodian of 9 criminal statistics for the State, (b) be a central 10 repository for criminal history record information, (c) 11 procure and file for record such information as is necessary 12 and helpful to plan programs of crime prevention, law 13 enforcement and criminal justice, (d) procure and file for 14 record such copies of fingerprints, as may be required by 15 law, (e) establish general and field crime laboratories, (f) 16 register and file for record such information as may be 17 required by law for the issuance of firearm owner's 18 identification cards, (g) employ polygraph operators, 19 laboratory technicians and other specially qualified persons 20 to aid in the identification of criminal activity, and (h) 21 undertake such other identification, information, laboratory, 22 statistical or registration activities as may be required by 23 law. 24 5.5. Provide, when an individual is arrested, that the 25 following information must be made available to the news 26 media for inspection and copying: 27 (a) Information that identifies the person, 28 including the name, age, address, and photograph, when 29 and if available. 30 (b) Information detailing any charges relating to 31 the arrest. 32 (c) The time and location of the arrest. 33 (d) The name of the investigating or arresting law 34 enforcement agency. -106- LRB9206615WHmb 1 (e) If incarcerated, the amount of any bail or 2 bond. 3 (f) If incarcerated, the time and date that the 4 individual was received, discharged, or transferred from 5 the arresting agency's custody. 6 (1) The information required by this paragraph 7 must be made available to the news media for 8 inspection and copying as soon as practicable, but 9 in no event shall the time period exceed 72 hours 10 from the arrest. The information described in 11 subparagraphs (c), (d), (e), and (f) of this 12 paragraph, however, may be withheld if it is 13 determined that disclosure would (i) interfere with 14 pending or actually and reasonably contemplated law 15 enforcement proceedings conducted by any law 16 enforcement or correctional agency; (ii) endanger 17 the life or physical safety of law enforcement or 18 correctional personnel or any other person; or (iii) 19 compromise the security of any correctional 20 facility. 21 (2) For the purposes of this paragraph, the 22 term "news media" means personnel of a newspaper or 23 other periodical issued at regular intervals, a news 24 service, a radio station, a television station, a 25 community antenna television service, or a person or 26 corporation engaged in making news reels or other 27 motion picture news for public showing. 28 (3) Each law enforcement or correctional 29 agency may charge fees for arrest records, but in no 30 instance may the fee exceed the actual cost of 31 copying and reproduction. The fees may not include 32 the cost of the labor used to reproduce the arrest 33 record. 34 (4) The provisions of this paragraph do not -107- LRB9206615WHmb 1 supersede the confidentiality provisions for arrest 2 records of the Juvenile Court Act. 3 6. To (a) acquire and operate one or more radio 4 broadcasting stations in the State to be used for police 5 purposes, (b) operate a statewide communications network to 6 gather and disseminate information for law enforcement 7 agencies, (c) operate an electronic data processing and 8 computer center for the storage and retrieval of data 9 pertaining to criminal activity, and (d) undertake such other 10 communication activities as may be required by law. 11 7. To provide, as may be required by law, assistance to 12 local law enforcement agencies through (a) training, 13 management and consultant services for local law enforcement 14 agencies, and (b) the pursuit of research and the publication 15 of studies pertaining to local law enforcement activities. 16 8. To exercise the rights, powers and duties which have 17 been vested in the Department of State Police and the 18 Director of the Department of State Police by the Narcotic 19 Control Division Abolition Act. 20 9. To exercise the rights, powers and duties which have 21 been vested in the Department of Public Safety by the 22 Illinois Vehicle Code. 23 10. To exercise the rights, powers and duties which have 24 been vested in the Department of Public Safety by the Firearm 25 Owners Identification Card Act. 26 11. To enforce and administer such other laws in 27 relation to law enforcement as may be vested in the 28 Department. 29 12. To transfer jurisdiction of any realty title to 30 which is held by the State of Illinois under the control of 31 the Department to any other department of the State 32 government or to the State Employees Housing Commission, or 33 to acquire or accept Federal land, when such transfer, 34 acquisition or acceptance is advantageous to the State and is -108- LRB9206615WHmb 1 approved in writing by the Governor. 2 13. With the written approval of the Governor, to enter 3 into agreements with other departments created by this Act, 4 for the furlough of inmates of the penitentiary to such other 5 departments for their use in research programs being 6 conducted by them. 7 For the purpose of participating in such research 8 projects, the Department may extend the limits of any 9 inmate's place of confinement, when there is reasonable cause 10 to believe that the inmate will honor his or her trust by 11 authorizing the inmate, under prescribed conditions, to leave 12 the confines of the place unaccompanied by a custodial agent 13 of the Department. The Department shall make rules governing 14 the transfer of the inmate to the requesting other department 15 having the approved research project, and the return of such 16 inmate to the unextended confines of the penitentiary. Such 17 transfer shall be made only with the consent of the inmate. 18 The willful failure of a prisoner to remain within the 19 extended limits of his or her confinement or to return within 20 the time or manner prescribed to the place of confinement 21 designated by the Department in granting such extension shall 22 be deemed an escape from custody of the Department and 23 punishable as provided in Section 3-6-4 of the Unified Code 24 of Corrections. 25 14. To provide investigative services, with all of the 26 powers possessed by policemen in cities and sheriffs, in and 27 around all race tracks subject to the Horse Racing Act of 28 1975. 29 15. To expend such sums as the Director deems necessary 30 from Contractual Services appropriations for the Division of 31 Criminal Investigation for the purchase of evidence and for 32 the employment of persons to obtain evidence. Such sums shall 33 be advanced to agents authorized by the Director to expend 34 funds, on vouchers signed by the Director. -109- LRB9206615WHmb 1 16. To assist victims and witnesses in gang crime 2 prosecutions through the administration of funds appropriated 3 from the Gang Violence Victims and Witnesses Fund to the 4 Department. Such funds shall be appropriated to the 5 Department and shall only be used to assist victims and 6 witnesses in gang crime prosecutions and such assistance may 7 include any of the following: 8 (a) temporary living costs; 9 (b) moving expenses; 10 (c) closing costs on the sale of private residence; 11 (d) first month's rent; 12 (e) security deposits; 13 (f) apartment location assistance; 14 (g) other expenses which the Department considers 15 appropriate; and 16 (h) compensation for any loss of or injury to real 17 or personal property resulting from a gang crime to a 18 maximum of $5,000, subject to the following provisions: 19 (1) in the case of loss of property, the 20 amount of compensation shall be measured by the 21 replacement cost of similar or like property which 22 has been incurred by and which is substantiated by 23 the property owner, 24 (2) in the case of injury to property, the 25 amount of compensation shall be measured by the cost 26 of repair incurred and which can be substantiated by 27 the property owner, 28 (3) compensation under this provision is a 29 secondary source of compensation and shall be 30 reduced by any amount the property owner receives 31 from any other source as compensation for the loss 32 or injury, including, but not limited to, personal 33 insurance coverage, 34 (4) no compensation may be awarded if the -110- LRB9206615WHmb 1 property owner was an offender or an accomplice of 2 the offender, or if the award would unjustly benefit 3 the offender or offenders, or an accomplice of the 4 offender or offenders. 5 No victim or witness may receive such assistance if he or 6 she is not a part of or fails to fully cooperate in the 7 prosecution of gang crime members by law enforcement 8 authorities. 9 The Department shall promulgate any rules necessary for 10 the implementation of this amendatory Act of 1985. 11 17. To conduct arson investigations. 12 18. To develop a separate statewide statistical police 13 contact record keeping system for the study of juvenile 14 delinquency. The records of this police contact system shall 15 be limited to statistical information. No individually 16 identifiable information shall be maintained in the police 17 contact statistical record system. 18 19. To develop a separate statewide central juvenile 19 records system for persons arrested prior to the age of 17 20 under Section 5-401 of the Juvenile Court Act of 1987 or 21 adjudicated delinquent minors and to make information 22 available to local law enforcement officers so that law 23 enforcement officers will be able to obtain rapid access to 24 the background of the minor from other jurisdictions to the 25 end that the juvenile police officers can make appropriate 26 decisions which will best serve the interest of the child and 27 the community. The Department shall submit a quarterly 28 report to the General Assembly and Governor which shall 29 contain the number of juvenile records that the Department 30 has received in that quarter and a list, by category, of 31 offenses that minors were arrested for or convicted of by 32 age, race and gender. 33 20. To develop rules which guarantee the confidentiality 34 of such individually identifiable juvenile records except to -111- LRB9206615WHmb 1 juvenile authorities who request information concerning the 2 minor and who certify in writing that the information will 3 not be disclosed to any other party except as provided under 4 law or order of court. For purposes of this Section, 5 "juvenile authorities" means: (i) a judge of the circuit 6 court and members of the staff of the court designated by the 7 judge; (ii) parties to the proceedings under the Juvenile 8 Court Act of 1987 and their attorneys; (iii) probation 9 officers and court appointed advocates for the juvenile 10 authorized by the judge hearing the case; (iv) any individual 11 or public or private agency having custody of the child 12 pursuant to court order; (v) any individual or public or 13 private agency providing education, medical or mental health 14 service to the child when the requested information is needed 15 to determine the appropriate service or treatment for the 16 minor; (vi) any potential placement provider when such 17 release is authorized by the court for the limited purpose of 18 determining the appropriateness of the potential placement; 19 (vii) law enforcement officers and prosecutors; (viii) adult 20 and juvenile prisoner review boards; (ix) authorized military 21 personnel; (x) individuals authorized by court; (xi) the 22 Illinois General Assembly or any committee or commission 23 thereof. 24 21. To develop administrative rules and administrative 25 hearing procedures which allow a minor, his or her attorney, 26 and his or her parents or guardian access to individually 27 identifiable juvenile records for the purpose of determining 28 or challenging the accuracy of the records. Final 29 administrative decisions shall be subject to the provisions 30 of the Administrative Review Law. 31 22. To charge, collect, and receive fees or moneys 32 equivalent to the cost of providing Department of State 33 Police personnel, equipment, and services to local 34 governmental agencies when explicitly requested by a local -112- LRB9206615WHmb 1 governmental agency and pursuant to an intergovernmental 2 agreement as provided by this Section, other State agencies, 3 and federal agencies, including but not limited to fees or 4 moneys equivalent to the cost of providing dispatching 5 services, radio and radar repair, and training to local 6 governmental agencies on such terms and conditions as in the 7 judgment of the Director are in the best interest of the 8 State; and to establish, charge, collect and receive fees or 9 moneys based on the cost of providing responses to requests 10 for criminal history record information pursuant to positive 11 identification and any Illinois or federal law authorizing 12 access to some aspect of such information and to prescribe 13 the form and manner for requesting and furnishing such 14 information to the requestor on such terms and conditions as 15 in the judgment of the Director are in the best interest of 16 the State, provided fees for requesting and furnishing 17 criminal history record information may be waived for 18 requests in the due administration of the criminal laws. The 19 Department may also charge, collect and receive fees or 20 moneys equivalent to the cost of providing electronic data 21 processing lines or related telecommunication services to 22 local governments, but only when such services can be 23 provided by the Department at a cost less than that 24 experienced by said local governments through other means. 25 All services provided by the Department shall be conducted 26 pursuant to contracts in accordance with the 27 Intergovernmental Cooperation Act, and all telecommunication 28 services shall be provided pursuant to the provisions of 29 Section 67.18 of this Code. 30 All fees received by the Department of State Police under 31 this Act or the Illinois Uniform Conviction Information Act 32 shall be deposited in a special fund in the State Treasury to 33 be known as the State Police Services Fund. The money 34 deposited in the State Police Services Fund shall be -113- LRB9206615WHmb 1 appropriated to the Department of State Police for expenses 2 of the Department of State Police. 3 Upon the completion of any audit of the Department of 4 State Police as prescribed by the Illinois State Auditing 5 Act, which audit includes an audit of the State Police 6 Services Fund, the Department of State Police shall make the 7 audit open to inspection by any interested person. 8 23. To exercise the powers and perform the duties which 9 have been vested in the Department of State Police by the 10 Intergovernmental Missing Child Recovery Act of 1984, and to 11 establish reasonable rules and regulations necessitated 12 thereby. 13 24. (a) To establish and maintain a statewide Law 14 Enforcement Agencies Data System (LEADS) for the purpose of 15 providing electronic access by authorized entities to 16 criminal justice data repositories and effecting an immediate 17 law enforcement response to reports of missing persons, 18 including lost, missing or runaway minors. The Department 19 shall implement an automatic data exchange system to compile, 20 to maintain and to make available to other law enforcement 21 agencies for immediate dissemination data which can assist 22 appropriate agencies in recovering missing persons and 23 provide access by authorized entities to various data 24 repositories available through LEADS for criminal justice and 25 related purposes. To assist the Department in this effort, 26 funds may be appropriated from the LEADS Maintenance Fund. 27 (b) In exercising its duties under this subsection, the 28 Department shall: 29 (1) provide a uniform reporting format for the 30 entry of pertinent information regarding the report of a 31 missing person into LEADS; 32 (2) develop and implement a policy whereby a 33 statewide or regional alert would be used in situations 34 relating to the disappearances of individuals, based on -114- LRB9206615WHmb 1 criteria and in a format established by the Department. 2 Such a format shall include, but not be limited to, the 3 age of the missing person and the suspected circumstance 4 of the disappearance; 5 (3) notify all law enforcement agencies that 6 reports of missing persons shall be entered as soon as 7 the minimum level of data specified by the Department is 8 available to the reporting agency, and that no waiting 9 period for the entry of such data exists; 10 (4) compile and retain information regarding lost, 11 abducted, missing or runaway minors in a separate data 12 file, in a manner that allows such information to be used 13 by law enforcement and other agencies deemed appropriate 14 by the Director, for investigative purposes. Such 15 information shall include the disposition of all reported 16 lost, abducted, missing or runaway minor cases; 17 (5) compile and maintain an historic data 18 repository relating to lost, abducted, missing or runaway 19 minors and other missing persons in order to develop and 20 improve techniques utilized by law enforcement agencies 21 when responding to reports of missing persons; and 22 (6) create a quality control program regarding 23 confirmation of missing person data, timeliness of 24 entries of missing person reports into LEADS and 25 performance audits of all entering agencies. 26 25. On request of a school board or regional 27 superintendent of schools, to conduct an inquiry pursuant to 28 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 29 an applicant for employment in a school district has been 30 convicted of any criminal or drug offenses enumerated in 31 Section 10-21.9 or 34-18.5 of the School Code. The 32 Department shall furnish such conviction information to the 33 President of the school board of the school district which 34 has requested the information, or if the information was -115- LRB9206615WHmb 1 requested by the regional superintendent to that regional 2 superintendent. 3 26. To promulgate rules and regulations necessary for 4 the administration and enforcement of its powers and duties, 5 wherever granted and imposed, pursuant to the Illinois 6 Administrative Procedure Act. 7 27. To (a) promulgate rules pertaining to the 8 certification, revocation of certification and training of 9 law enforcement officers as electronic criminal surveillance 10 officers, (b) provide training and technical assistance to 11 State's Attorneys and local law enforcement agencies 12 pertaining to the interception of private oral 13 communications, (c) promulgate rules necessary for the 14 administration of Article 108B of the Code of Criminal 15 Procedure of 1963, including but not limited to standards for 16 recording and minimization of electronic criminal 17 surveillance intercepts, documentation required to be 18 maintained during an intercept, procedures in relation to 19 evidence developed by an intercept, and (d) charge a 20 reasonable fee to each law enforcement agency that sends 21 officers to receive training as electronic criminal 22 surveillance officers. 23 28. Upon the request of any private organization which 24 devotes a major portion of its time to the provision of 25 recreational, social, educational or child safety services to 26 children, to conduct, pursuant to positive identification, 27 criminal background investigations of all of that 28 organization's current employees, current volunteers, 29 prospective employees or prospective volunteers charged with 30 the care and custody of children during the provision of the 31 organization's services, and to report to the requesting 32 organization any record of convictions maintained in the 33 Department's files about such persons. The Department shall 34 charge an application fee, based on actual costs, for the -116- LRB9206615WHmb 1 dissemination of conviction information pursuant to this 2 subsection. The Department is empowered to establish this 3 fee and shall prescribe the form and manner for requesting 4 and furnishing conviction information pursuant to this 5 subsection. Information received by the organization from the 6 Department concerning an individual shall be provided to such 7 individual. Any such information obtained by the 8 organization shall be confidential and may not be transmitted 9 outside the organization and may not be transmitted to anyone 10 within the organization except as needed for the purpose of 11 evaluating the individual. Only information and standards 12 which bear a reasonable and rational relation to the 13 performance of child care shall be used by the organization. 14 Any employee of the Department or any member, employee or 15 volunteer of the organization receiving confidential 16 information under this subsection who gives or causes to be 17 given any confidential information concerning any criminal 18 convictions of an individual shall be guilty of a Class A 19 misdemeanor unless release of such information is authorized 20 by this subsection. 21 29. Upon the request of the Department of Children and 22 Family Services, to investigate reports of child abuse or 23 neglect. 24 30. To obtain registration of a fictitious vital record 25 pursuant to Section 15.1 of the Vital Records Act. 26 31. To collect and disseminate information relating to 27 "hate crimes" as defined under Section 12-7.1 of the Criminal 28 Code of 1961 contingent upon the availability of State or 29 Federal funds to revise and upgrade the Illinois Uniform 30 Crime Reporting System. All law enforcement agencies shall 31 report monthly to the Department of State Police concerning 32 such offenses in such form and in such manner as may be 33 prescribed by rules and regulations adopted by the Department 34 of State Police. Such information shall be compiled by the -117- LRB9206615WHmb 1 Department and be disseminated upon request to any local law 2 enforcement agency, unit of local government, or state 3 agency. Dissemination of such information shall be subject 4 to all confidentiality requirements otherwise imposed by law. 5 The Department of State Police shall provide training for 6 State Police officers in identifying, responding to, and 7 reporting all hate crimes. The Illinois Law Enforcement 8 Training Standards Board shall develop and certify a course 9 of such training to be made available to local law 10 enforcement officers. 11 32. Upon the request of a private carrier company that 12 provides transportation under Section 28b of the Metropolitan 13 Transit Authority Act, to ascertain if an applicant for a 14 driver position has been convicted of any criminal or drug 15 offense enumerated in Section 28b of the Metropolitan Transit 16 Authority Act. The Department shall furnish the conviction 17 information to the private carrier company that requested the 18 information. 19 33. To apply for grants or contracts, receive, expend, 20 allocate, or disburse funds and moneys made available by 21 public or private entities, including, but not limited to, 22 contracts, bequests, grants, or receiving equipment from 23 corporations, foundations, or public or private institutions 24 of higher learning. All funds received by the Department 25 from these sources shall be deposited into the appropriate 26 fund in the State Treasury to be appropriated to the 27 Department for purposes as indicated by the grantor or 28 contractor or, in the case of funds or moneys bequeathed or 29 granted for no specific purpose, for any purpose as deemed 30 appropriate by the Director in administering the 31 responsibilities of the Department. 32 34. Upon the request of the Department of Children and 33 Family Services, the Department of State Police shall provide 34 properly designated employees of the Department of Children -118- LRB9206615WHmb 1 and Family Services with criminal history record information 2 as defined in the Illinois Uniform Conviction Information Act 3 and information maintained in the Statewide Central Juvenile 4 record system as defined in subdivision (A)19 of this Section 5 if the Department of Children and Family Services determines 6 the information is necessary to perform its duties under the 7 Abused and Neglected Child Reporting Act, the Child Care Act 8 of 1969, and the Children and Family Services Act. The 9 request shall be in the form and manner specified by the 10 Department of State Police. 11 35. The Illinois Department of Human ServicesPublic Aid12 is an authorized entity under this Section for the purpose of 13 exchanging information, in the form and manner required by 14 the Department of State Police, to facilitate the location of 15 individuals for establishing paternity, and establishing, 16 modifying, and enforcing child support obligations, pursuant 17 to the Illinois Public Aid Code and Title IV, Part D of the 18 Social Security Act. 19 36. Upon request of the Department of Human Services, to 20 conduct an assessment and evaluation of sexually violent 21 persons as mandated by the Sexually Violent Persons 22 Commitment Act, the Department shall furnish criminal history 23 information maintained on the requested person. The request 24 shall be in the form and manner specified by the Department. 25 (B) The Department of State Police may establish and 26 maintain, within the Department of State Police, a Statewide 27 Organized Criminal Gang Database (SWORD) for the purpose of 28 tracking organized criminal gangs and their memberships. 29 Information in the database may include, but not be limited 30 to, the name, last known address, birth date, physical 31 descriptions (such as scars, marks, or tattoos), officer 32 safety information, organized gang affiliation, and entering 33 agency identifier. The Department may develop, in 34 consultation with the Criminal Justice Information Authority, -119- LRB9206615WHmb 1 and in a form and manner prescribed by the Department, an 2 automated data exchange system to compile, to maintain, and 3 to make this information electronically available to 4 prosecutors and to other law enforcement agencies. The 5 information may be used by authorized agencies to combat the 6 operations of organized criminal gangs statewide. 7 (C) The Department of State Police may ascertain the 8 number of bilingual police officers and other personnel 9 needed to provide services in a language other than English 10 and may establish, under applicable personnel rules and 11 Department guidelines or through a collective bargaining 12 agreement, a bilingual pay supplement program. 13 (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 14 90-372, eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 15 7-30-98; 90-793, eff. 8-14-98; 91-309, eff. 7-29-99.) 16 (Text of Section from P.A. 91-371) 17 Sec. 55a. Powers and duties. 18 (A) The Department of State Police shall have the 19 following powers and duties, and those set forth in Sections 20 55a-1 through 55c: 21 1. To exercise the rights, powers and duties which have 22 been vested in the Department of Public Safety by the State 23 Police Act. 24 2. To exercise the rights, powers and duties which have 25 been vested in the Department of Public Safety by the State 26 Police Radio Act. 27 3. To exercise the rights, powers and duties which have 28 been vested in the Department of Public Safety by the 29 Criminal Identification Act. 30 4. To (a) investigate the origins, activities, personnel 31 and incidents of crime and the ways and means to redress the 32 victims of crimes, and study the impact, if any, of 33 legislation relative to the effusion of crime and growing 34 crime rates, and enforce the criminal laws of this State -120- LRB9206615WHmb 1 related thereto, (b) enforce all laws regulating the 2 production, sale, prescribing, manufacturing, administering, 3 transporting, having in possession, dispensing, delivering, 4 distributing, or use of controlled substances and cannabis, 5 (c) employ skilled experts, scientists, technicians, 6 investigators or otherwise specially qualified persons to aid 7 in preventing or detecting crime, apprehending criminals, or 8 preparing and presenting evidence of violations of the 9 criminal laws of the State, (d) cooperate with the police of 10 cities, villages and incorporated towns, and with the police 11 officers of any county, in enforcing the laws of the State 12 and in making arrests and recovering property, (e) apprehend 13 and deliver up any person charged in this State or any other 14 State of the United States with treason, felony, or other 15 crime, who has fled from justice and is found in this State, 16 and (f) conduct such other investigations as may be provided 17 by law. Persons exercising these powers within the Department 18 are conservators of the peace and as such have all the powers 19 possessed by policemen in cities and sheriffs, except that 20 they may exercise such powers anywhere in the State in 21 cooperation with and after contact with the local law 22 enforcement officials. Such persons may use false or 23 fictitious names in the performance of their duties under 24 this paragraph, upon approval of the Director, and shall not 25 be subject to prosecution under the criminal laws for such 26 use. 27 5. To: (a) be a central repository and custodian of 28 criminal statistics for the State, (b) be a central 29 repository for criminal history record information, (c) 30 procure and file for record such information as is necessary 31 and helpful to plan programs of crime prevention, law 32 enforcement and criminal justice, (d) procure and file for 33 record such copies of fingerprints, as may be required by 34 law, (e) establish general and field crime laboratories, (f) -121- LRB9206615WHmb 1 register and file for record such information as may be 2 required by law for the issuance of firearm owner's 3 identification cards, (g) employ polygraph operators, 4 laboratory technicians and other specially qualified persons 5 to aid in the identification of criminal activity, and (h) 6 undertake such other identification, information, laboratory, 7 statistical or registration activities as may be required by 8 law. 9 6. To (a) acquire and operate one or more radio 10 broadcasting stations in the State to be used for police 11 purposes, (b) operate a statewide communications network to 12 gather and disseminate information for law enforcement 13 agencies, (c) operate an electronic data processing and 14 computer center for the storage and retrieval of data 15 pertaining to criminal activity, and (d) undertake such other 16 communication activities as may be required by law. 17 7. To provide, as may be required by law, assistance to 18 local law enforcement agencies through (a) training, 19 management and consultant services for local law enforcement 20 agencies, and (b) the pursuit of research and the publication 21 of studies pertaining to local law enforcement activities. 22 8. To exercise the rights, powers and duties which have 23 been vested in the Department of State Police and the 24 Director of the Department of State Police by the Narcotic 25 Control Division Abolition Act. 26 9. To exercise the rights, powers and duties which have 27 been vested in the Department of Public Safety by the 28 Illinois Vehicle Code. 29 10. To exercise the rights, powers and duties which have 30 been vested in the Department of Public Safety by the Firearm 31 Owners Identification Card Act. 32 11. To enforce and administer such other laws in 33 relation to law enforcement as may be vested in the 34 Department. -122- LRB9206615WHmb 1 12. To transfer jurisdiction of any realty title to 2 which is held by the State of Illinois under the control of 3 the Department to any other department of the State 4 government or to the State Employees Housing Commission, or 5 to acquire or accept Federal land, when such transfer, 6 acquisition or acceptance is advantageous to the State and is 7 approved in writing by the Governor. 8 13. With the written approval of the Governor, to enter 9 into agreements with other departments created by this Act, 10 for the furlough of inmates of the penitentiary to such other 11 departments for their use in research programs being 12 conducted by them. 13 For the purpose of participating in such research 14 projects, the Department may extend the limits of any 15 inmate's place of confinement, when there is reasonable cause 16 to believe that the inmate will honor his or her trust by 17 authorizing the inmate, under prescribed conditions, to leave 18 the confines of the place unaccompanied by a custodial agent 19 of the Department. The Department shall make rules governing 20 the transfer of the inmate to the requesting other department 21 having the approved research project, and the return of such 22 inmate to the unextended confines of the penitentiary. Such 23 transfer shall be made only with the consent of the inmate. 24 The willful failure of a prisoner to remain within the 25 extended limits of his or her confinement or to return within 26 the time or manner prescribed to the place of confinement 27 designated by the Department in granting such extension shall 28 be deemed an escape from custody of the Department and 29 punishable as provided in Section 3-6-4 of the Unified Code 30 of Corrections. 31 14. To provide investigative services, with all of the 32 powers possessed by policemen in cities and sheriffs, in and 33 around all race tracks subject to the Horse Racing Act of 34 1975. -123- LRB9206615WHmb 1 15. To expend such sums as the Director deems necessary 2 from Contractual Services appropriations for the Division of 3 Criminal Investigation for the purchase of evidence and for 4 the employment of persons to obtain evidence. Such sums shall 5 be advanced to agents authorized by the Director to expend 6 funds, on vouchers signed by the Director. 7 16. To assist victims and witnesses in gang crime 8 prosecutions through the administration of funds appropriated 9 from the Gang Violence Victims and Witnesses Fund to the 10 Department. Such funds shall be appropriated to the 11 Department and shall only be used to assist victims and 12 witnesses in gang crime prosecutions and such assistance may 13 include any of the following: 14 (a) temporary living costs; 15 (b) moving expenses; 16 (c) closing costs on the sale of private residence; 17 (d) first month's rent; 18 (e) security deposits; 19 (f) apartment location assistance; 20 (g) other expenses which the Department considers 21 appropriate; and 22 (h) compensation for any loss of or injury to real 23 or personal property resulting from a gang crime to a 24 maximum of $5,000, subject to the following provisions: 25 (1) in the case of loss of property, the 26 amount of compensation shall be measured by the 27 replacement cost of similar or like property which 28 has been incurred by and which is substantiated by 29 the property owner, 30 (2) in the case of injury to property, the 31 amount of compensation shall be measured by the cost 32 of repair incurred and which can be substantiated by 33 the property owner, 34 (3) compensation under this provision is a -124- LRB9206615WHmb 1 secondary source of compensation and shall be 2 reduced by any amount the property owner receives 3 from any other source as compensation for the loss 4 or injury, including, but not limited to, personal 5 insurance coverage, 6 (4) no compensation may be awarded if the 7 property owner was an offender or an accomplice of 8 the offender, or if the award would unjustly benefit 9 the offender or offenders, or an accomplice of the 10 offender or offenders. 11 No victim or witness may receive such assistance if he or 12 she is not a part of or fails to fully cooperate in the 13 prosecution of gang crime members by law enforcement 14 authorities. 15 The Department shall promulgate any rules necessary for 16 the implementation of this amendatory Act of 1985. 17 17. To conduct arson investigations. 18 18. To develop a separate statewide statistical police 19 contact record keeping system for the study of juvenile 20 delinquency. The records of this police contact system shall 21 be limited to statistical information. No individually 22 identifiable information shall be maintained in the police 23 contact statistical record system. 24 19. To develop a separate statewide central juvenile 25 records system for persons arrested prior to the age of 17 26 under Section 5-401 of the Juvenile Court Act of 1987 or 27 adjudicated delinquent minors and to make information 28 available to local law enforcement officers so that law 29 enforcement officers will be able to obtain rapid access to 30 the background of the minor from other jurisdictions to the 31 end that the juvenile police officers can make appropriate 32 decisions which will best serve the interest of the child and 33 the community. The Department shall submit a quarterly 34 report to the General Assembly and Governor which shall -125- LRB9206615WHmb 1 contain the number of juvenile records that the Department 2 has received in that quarter and a list, by category, of 3 offenses that minors were arrested for or convicted of by 4 age, race and gender. 5 20. To develop rules which guarantee the confidentiality 6 of such individually identifiable juvenile records except to 7 juvenile authorities who request information concerning the 8 minor and who certify in writing that the information will 9 not be disclosed to any other party except as provided under 10 law or order of court. For purposes of this Section, 11 "juvenile authorities" means: (i) a judge of the circuit 12 court and members of the staff of the court designated by the 13 judge; (ii) parties to the proceedings under the Juvenile 14 Court Act of 1987 and their attorneys; (iii) probation 15 officers and court appointed advocates for the juvenile 16 authorized by the judge hearing the case; (iv) any individual 17 or public or private agency having custody of the child 18 pursuant to court order; (v) any individual or public or 19 private agency providing education, medical or mental health 20 service to the child when the requested information is needed 21 to determine the appropriate service or treatment for the 22 minor; (vi) any potential placement provider when such 23 release is authorized by the court for the limited purpose of 24 determining the appropriateness of the potential placement; 25 (vii) law enforcement officers and prosecutors; (viii) adult 26 and juvenile prisoner review boards; (ix) authorized military 27 personnel; (x) individuals authorized by court; (xi) the 28 Illinois General Assembly or any committee or commission 29 thereof. 30 21. To develop administrative rules and administrative 31 hearing procedures which allow a minor, his or her attorney, 32 and his or her parents or guardian access to individually 33 identifiable juvenile records for the purpose of determining 34 or challenging the accuracy of the records. Final -126- LRB9206615WHmb 1 administrative decisions shall be subject to the provisions 2 of the Administrative Review Law. 3 22. To charge, collect, and receive fees or moneys 4 equivalent to the cost of providing Department of State 5 Police personnel, equipment, and services to local 6 governmental agencies when explicitly requested by a local 7 governmental agency and pursuant to an intergovernmental 8 agreement as provided by this Section, other State agencies, 9 and federal agencies, including but not limited to fees or 10 moneys equivalent to the cost of providing dispatching 11 services, radio and radar repair, and training to local 12 governmental agencies on such terms and conditions as in the 13 judgment of the Director are in the best interest of the 14 State; and to establish, charge, collect and receive fees or 15 moneys based on the cost of providing responses to requests 16 for criminal history record information pursuant to positive 17 identification and any Illinois or federal law authorizing 18 access to some aspect of such information and to prescribe 19 the form and manner for requesting and furnishing such 20 information to the requestor on such terms and conditions as 21 in the judgment of the Director are in the best interest of 22 the State, provided fees for requesting and furnishing 23 criminal history record information may be waived for 24 requests in the due administration of the criminal laws. The 25 Department may also charge, collect and receive fees or 26 moneys equivalent to the cost of providing electronic data 27 processing lines or related telecommunication services to 28 local governments, but only when such services can be 29 provided by the Department at a cost less than that 30 experienced by said local governments through other means. 31 All services provided by the Department shall be conducted 32 pursuant to contracts in accordance with the 33 Intergovernmental Cooperation Act, and all telecommunication 34 services shall be provided pursuant to the provisions of -127- LRB9206615WHmb 1 Section 67.18 of this Code. 2 All fees received by the Department of State Police under 3 this Act or the Illinois Uniform Conviction Information Act 4 shall be deposited in a special fund in the State Treasury to 5 be known as the State Police Services Fund. The money 6 deposited in the State Police Services Fund shall be 7 appropriated to the Department of State Police for expenses 8 of the Department of State Police. 9 Upon the completion of any audit of the Department of 10 State Police as prescribed by the Illinois State Auditing 11 Act, which audit includes an audit of the State Police 12 Services Fund, the Department of State Police shall make the 13 audit open to inspection by any interested person. 14 23. To exercise the powers and perform the duties which 15 have been vested in the Department of State Police by the 16 Intergovernmental Missing Child Recovery Act of 1984, and to 17 establish reasonable rules and regulations necessitated 18 thereby. 19 24. (a) To establish and maintain a statewide Law 20 Enforcement Agencies Data System (LEADS) for the purpose of 21 providing electronic access by authorized entities to 22 criminal justice data repositories and effecting an immediate 23 law enforcement response to reports of missing persons, 24 including lost, missing or runaway minors. The Department 25 shall implement an automatic data exchange system to compile, 26 to maintain and to make available to other law enforcement 27 agencies for immediate dissemination data which can assist 28 appropriate agencies in recovering missing persons and 29 provide access by authorized entities to various data 30 repositories available through LEADS for criminal justice and 31 related purposes. To assist the Department in this effort, 32 funds may be appropriated from the LEADS Maintenance Fund. 33 (b) In exercising its duties under this subsection, the 34 Department shall: -128- LRB9206615WHmb 1 (1) provide a uniform reporting format for the 2 entry of pertinent information regarding the report of a 3 missing person into LEADS; 4 (2) develop and implement a policy whereby a 5 statewide or regional alert would be used in situations 6 relating to the disappearances of individuals, based on 7 criteria and in a format established by the Department. 8 Such a format shall include, but not be limited to, the 9 age of the missing person and the suspected circumstance 10 of the disappearance; 11 (3) notify all law enforcement agencies that 12 reports of missing persons shall be entered as soon as 13 the minimum level of data specified by the Department is 14 available to the reporting agency, and that no waiting 15 period for the entry of such data exists; 16 (4) compile and retain information regarding lost, 17 abducted, missing or runaway minors in a separate data 18 file, in a manner that allows such information to be used 19 by law enforcement and other agencies deemed appropriate 20 by the Director, for investigative purposes. Such 21 information shall include the disposition of all reported 22 lost, abducted, missing or runaway minor cases; 23 (5) compile and maintain an historic data 24 repository relating to lost, abducted, missing or runaway 25 minors and other missing persons in order to develop and 26 improve techniques utilized by law enforcement agencies 27 when responding to reports of missing persons; and 28 (6) create a quality control program regarding 29 confirmation of missing person data, timeliness of 30 entries of missing person reports into LEADS and 31 performance audits of all entering agencies. 32 25. On request of a school board or regional 33 superintendent of schools, to conduct an inquiry pursuant to 34 Section 10-21.9 or 34-18.5 of the School Code to ascertain if -129- LRB9206615WHmb 1 an applicant for employment in a school district has been 2 convicted of any criminal or drug offenses enumerated in 3 Section 10-21.9 or 34-18.5 of the School Code. The 4 Department shall furnish such conviction information to the 5 President of the school board of the school district which 6 has requested the information, or if the information was 7 requested by the regional superintendent to that regional 8 superintendent. 9 26. To promulgate rules and regulations necessary for 10 the administration and enforcement of its powers and duties, 11 wherever granted and imposed, pursuant to the Illinois 12 Administrative Procedure Act. 13 27. To (a) promulgate rules pertaining to the 14 certification, revocation of certification and training of 15 law enforcement officers as electronic criminal surveillance 16 officers, (b) provide training and technical assistance to 17 State's Attorneys and local law enforcement agencies 18 pertaining to the interception of private oral 19 communications, (c) promulgate rules necessary for the 20 administration of Article 108B of the Code of Criminal 21 Procedure of 1963, including but not limited to standards for 22 recording and minimization of electronic criminal 23 surveillance intercepts, documentation required to be 24 maintained during an intercept, procedures in relation to 25 evidence developed by an intercept, and (d) charge a 26 reasonable fee to each law enforcement agency that sends 27 officers to receive training as electronic criminal 28 surveillance officers. 29 28. Upon the request of any private organization which 30 devotes a major portion of its time to the provision of 31 recreational, social, educational or child safety services to 32 children, to conduct, pursuant to positive identification, 33 criminal background investigations of all of that 34 organization's current employees, current volunteers, -130- LRB9206615WHmb 1 prospective employees or prospective volunteers charged with 2 the care and custody of children during the provision of the 3 organization's services, and to report to the requesting 4 organization any record of convictions maintained in the 5 Department's files about such persons. The Department shall 6 charge an application fee, based on actual costs, for the 7 dissemination of conviction information pursuant to this 8 subsection. The Department is empowered to establish this 9 fee and shall prescribe the form and manner for requesting 10 and furnishing conviction information pursuant to this 11 subsection. Information received by the organization from the 12 Department concerning an individual shall be provided to such 13 individual. Any such information obtained by the 14 organization shall be confidential and may not be transmitted 15 outside the organization and may not be transmitted to anyone 16 within the organization except as needed for the purpose of 17 evaluating the individual. Only information and standards 18 which bear a reasonable and rational relation to the 19 performance of child care shall be used by the organization. 20 Any employee of the Department or any member, employee or 21 volunteer of the organization receiving confidential 22 information under this subsection who gives or causes to be 23 given any confidential information concerning any criminal 24 convictions of an individual shall be guilty of a Class A 25 misdemeanor unless release of such information is authorized 26 by this subsection. 27 29. Upon the request of the Department of Children and 28 Family Services, to investigate reports of child abuse or 29 neglect. 30 30. To obtain registration of a fictitious vital record 31 pursuant to Section 15.1 of the Vital Records Act. 32 31. To collect and disseminate information relating to 33 "hate crimes" as defined under Section 12-7.1 of the Criminal 34 Code of 1961 contingent upon the availability of State or -131- LRB9206615WHmb 1 Federal funds to revise and upgrade the Illinois Uniform 2 Crime Reporting System. All law enforcement agencies shall 3 report monthly to the Department of State Police concerning 4 such offenses in such form and in such manner as may be 5 prescribed by rules and regulations adopted by the Department 6 of State Police. Such information shall be compiled by the 7 Department and be disseminated upon request to any local law 8 enforcement agency, unit of local government, or state 9 agency. Dissemination of such information shall be subject 10 to all confidentiality requirements otherwise imposed by law. 11 The Department of State Police shall provide training for 12 State Police officers in identifying, responding to, and 13 reporting all hate crimes. The Illinois Law Enforcement 14 Training Standards Board shall develop and certify a course 15 of such training to be made available to local law 16 enforcement officers. 17 32. Upon the request of a private carrier company that 18 provides transportation under Section 28b of the Metropolitan 19 Transit Authority Act, to ascertain if an applicant for a 20 driver position has been convicted of any criminal or drug 21 offense enumerated in Section 28b of the Metropolitan Transit 22 Authority Act. The Department shall furnish the conviction 23 information to the private carrier company that requested the 24 information. 25 33. To apply for grants or contracts, receive, expend, 26 allocate, or disburse funds and moneys made available by 27 public or private entities, including, but not limited to, 28 contracts, bequests, grants, or receiving equipment from 29 corporations, foundations, or public or private institutions 30 of higher learning. All funds received by the Department 31 from these sources shall be deposited into the appropriate 32 fund in the State Treasury to be appropriated to the 33 Department for purposes as indicated by the grantor or 34 contractor or, in the case of funds or moneys bequeathed or -132- LRB9206615WHmb 1 granted for no specific purpose, for any purpose as deemed 2 appropriate by the Director in administering the 3 responsibilities of the Department. 4 34. Upon the request of the Department of Children and 5 Family Services, the Department of State Police shall provide 6 properly designated employees of the Department of Children 7 and Family Services with criminal history record information 8 as defined in the Illinois Uniform Conviction Information Act 9 and information maintained in the Statewide Central Juvenile 10 record system as defined in subdivision (A)19 of this Section 11 if the Department of Children and Family Services determines 12 the information is necessary to perform its duties under the 13 Abused and Neglected Child Reporting Act, the Child Care Act 14 of 1969, and the Children and Family Services Act. The 15 request shall be in the form and manner specified by the 16 Department of State Police. 17 35. The Illinois Department of Human ServicesPublic Aid18 is an authorized entity under this Section for the purpose of 19 exchanging information, in the form and manner required by 20 the Department of State Police, to facilitate the location of 21 individuals for establishing paternity, and establishing, 22 modifying, and enforcing child support obligations, pursuant 23 to the Illinois Public Aid Code and Title IV, Part D of the 24 Social Security Act. 25 36. Upon request of the Department of Human Services, to 26 conduct an assessment and evaluation of sexually violent 27 persons as mandated by the Sexually Violent Persons 28 Commitment Act, the Department shall furnish criminal history 29 information maintained on the requested person. The request 30 shall be in the form and manner specified by the Department. 31 37. Upon the request of the chief of a volunteer fire 32 department, the Department shall conduct criminal background 33 investigations of prospective firefighters and report to the 34 requesting chief any record of convictions maintained in the -133- LRB9206615WHmb 1 Department's files about those persons. The Department may 2 charge a fee, based on actual costs, for the dissemination of 3 conviction information under this paragraph. The Department 4 may prescribe the form and manner for requesting and 5 furnishing conviction information under this paragraph. 6 (B) The Department of State Police may establish and 7 maintain, within the Department of State Police, a Statewide 8 Organized Criminal Gang Database (SWORD) for the purpose of 9 tracking organized criminal gangs and their memberships. 10 Information in the database may include, but not be limited 11 to, the name, last known address, birth date, physical 12 descriptions (such as scars, marks, or tattoos), officer 13 safety information, organized gang affiliation, and entering 14 agency identifier. The Department may develop, in 15 consultation with the Criminal Justice Information Authority, 16 and in a form and manner prescribed by the Department, an 17 automated data exchange system to compile, to maintain, and 18 to make this information electronically available to 19 prosecutors and to other law enforcement agencies. The 20 information may be used by authorized agencies to combat the 21 operations of organized criminal gangs statewide. 22 (C) The Department of State Police may ascertain the 23 number of bilingual police officers and other personnel 24 needed to provide services in a language other than English 25 and may establish, under applicable personnel rules and 26 Department guidelines or through a collective bargaining 27 agreement, a bilingual pay supplement program. 28 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 29 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 30 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 31 10-6-98; 91-371, eff. 1-1-00.) 32 (Text of Section from P.A. 91-660) 33 Sec. 55a. Powers and duties. 34 (A) The Department of State Police shall have the -134- LRB9206615WHmb 1 following powers and duties, and those set forth in Sections 2 55a-1 through 55c: 3 1. To exercise the rights, powers and duties which have 4 been vested in the Department of Public Safety by the State 5 Police Act. 6 2. To exercise the rights, powers and duties which have 7 been vested in the Department of Public Safety by the State 8 Police Radio Act. 9 3. To exercise the rights, powers and duties which have 10 been vested in the Department of Public Safety by the 11 Criminal Identification Act. 12 4. To (a) investigate the origins, activities, personnel 13 and incidents of crime and the ways and means to redress the 14 victims of crimes, and study the impact, if any, of 15 legislation relative to the effusion of crime and growing 16 crime rates, and enforce the criminal laws of this State 17 related thereto, (b) enforce all laws regulating the 18 production, sale, prescribing, manufacturing, administering, 19 transporting, having in possession, dispensing, delivering, 20 distributing, or use of controlled substances and cannabis, 21 (c) employ skilled experts, scientists, technicians, 22 investigators or otherwise specially qualified persons to aid 23 in preventing or detecting crime, apprehending criminals, or 24 preparing and presenting evidence of violations of the 25 criminal laws of the State, (d) cooperate with the police of 26 cities, villages and incorporated towns, and with the police 27 officers of any county, in enforcing the laws of the State 28 and in making arrests and recovering property, (e) apprehend 29 and deliver up any person charged in this State or any other 30 State of the United States with treason, felony, or other 31 crime, who has fled from justice and is found in this State, 32 and (f) conduct such other investigations as may be provided 33 by law. Persons exercising these powers within the Department 34 are conservators of the peace and as such have all the powers -135- LRB9206615WHmb 1 possessed by policemen in cities and sheriffs, except that 2 they may exercise such powers anywhere in the State in 3 cooperation with and after contact with the local law 4 enforcement officials. Such persons may use false or 5 fictitious names in the performance of their duties under 6 this paragraph, upon approval of the Director, and shall not 7 be subject to prosecution under the criminal laws for such 8 use. 9 5. To: (a) be a central repository and custodian of 10 criminal statistics for the State, (b) be a central 11 repository for criminal history record information, (c) 12 procure and file for record such information as is necessary 13 and helpful to plan programs of crime prevention, law 14 enforcement and criminal justice, (d) procure and file for 15 record such copies of fingerprints, as may be required by 16 law, (e) establish general and field crime laboratories, (f) 17 register and file for record such information as may be 18 required by law for the issuance of firearm owner's 19 identification cards, (g) employ polygraph operators, 20 laboratory technicians and other specially qualified persons 21 to aid in the identification of criminal activity, and (h) 22 undertake such other identification, information, laboratory, 23 statistical or registration activities as may be required by 24 law. 25 6. To (a) acquire and operate one or more radio 26 broadcasting stations in the State to be used for police 27 purposes, (b) operate a statewide communications network to 28 gather and disseminate information for law enforcement 29 agencies, (c) operate an electronic data processing and 30 computer center for the storage and retrieval of data 31 pertaining to criminal activity, and (d) undertake such other 32 communication activities as may be required by law. 33 7. To provide, as may be required by law, assistance to 34 local law enforcement agencies through (a) training, -136- LRB9206615WHmb 1 management and consultant services for local law enforcement 2 agencies, and (b) the pursuit of research and the publication 3 of studies pertaining to local law enforcement activities. 4 8. To exercise the rights, powers and duties which have 5 been vested in the Department of State Police and the 6 Director of the Department of State Police by the Narcotic 7 Control Division Abolition Act. 8 9. To exercise the rights, powers and duties which have 9 been vested in the Department of Public Safety by the 10 Illinois Vehicle Code. 11 10. To exercise the rights, powers and duties which have 12 been vested in the Department of Public Safety by the Firearm 13 Owners Identification Card Act. 14 11. To enforce and administer such other laws in 15 relation to law enforcement as may be vested in the 16 Department. 17 12. To transfer jurisdiction of any realty title to 18 which is held by the State of Illinois under the control of 19 the Department to any other department of the State 20 government or to the State Employees Housing Commission, or 21 to acquire or accept Federal land, when such transfer, 22 acquisition or acceptance is advantageous to the State and is 23 approved in writing by the Governor. 24 13. With the written approval of the Governor, to enter 25 into agreements with other departments created by this Act, 26 for the furlough of inmates of the penitentiary to such other 27 departments for their use in research programs being 28 conducted by them. 29 For the purpose of participating in such research 30 projects, the Department may extend the limits of any 31 inmate's place of confinement, when there is reasonable cause 32 to believe that the inmate will honor his or her trust by 33 authorizing the inmate, under prescribed conditions, to leave 34 the confines of the place unaccompanied by a custodial agent -137- LRB9206615WHmb 1 of the Department. The Department shall make rules governing 2 the transfer of the inmate to the requesting other department 3 having the approved research project, and the return of such 4 inmate to the unextended confines of the penitentiary. Such 5 transfer shall be made only with the consent of the inmate. 6 The willful failure of a prisoner to remain within the 7 extended limits of his or her confinement or to return within 8 the time or manner prescribed to the place of confinement 9 designated by the Department in granting such extension shall 10 be deemed an escape from custody of the Department and 11 punishable as provided in Section 3-6-4 of the Unified Code 12 of Corrections. 13 14. To provide investigative services, with all of the 14 powers possessed by policemen in cities and sheriffs, in and 15 around all race tracks subject to the Horse Racing Act of 16 1975. 17 15. To expend such sums as the Director deems necessary 18 from Contractual Services appropriations for the Division of 19 Criminal Investigation for the purchase of evidence and for 20 the employment of persons to obtain evidence. Such sums shall 21 be advanced to agents authorized by the Director to expend 22 funds, on vouchers signed by the Director. 23 16. To assist victims and witnesses in gang crime 24 prosecutions through the administration of funds appropriated 25 from the Gang Violence Victims and Witnesses Fund to the 26 Department. Such funds shall be appropriated to the 27 Department and shall only be used to assist victims and 28 witnesses in gang crime prosecutions and such assistance may 29 include any of the following: 30 (a) temporary living costs; 31 (b) moving expenses; 32 (c) closing costs on the sale of private residence; 33 (d) first month's rent; 34 (e) security deposits; -138- LRB9206615WHmb 1 (f) apartment location assistance; 2 (g) other expenses which the Department considers 3 appropriate; and 4 (h) compensation for any loss of or injury to real 5 or personal property resulting from a gang crime to a 6 maximum of $5,000, subject to the following provisions: 7 (1) in the case of loss of property, the 8 amount of compensation shall be measured by the 9 replacement cost of similar or like property which 10 has been incurred by and which is substantiated by 11 the property owner, 12 (2) in the case of injury to property, the 13 amount of compensation shall be measured by the cost 14 of repair incurred and which can be substantiated by 15 the property owner, 16 (3) compensation under this provision is a 17 secondary source of compensation and shall be 18 reduced by any amount the property owner receives 19 from any other source as compensation for the loss 20 or injury, including, but not limited to, personal 21 insurance coverage, 22 (4) no compensation may be awarded if the 23 property owner was an offender or an accomplice of 24 the offender, or if the award would unjustly benefit 25 the offender or offenders, or an accomplice of the 26 offender or offenders. 27 No victim or witness may receive such assistance if he or 28 she is not a part of or fails to fully cooperate in the 29 prosecution of gang crime members by law enforcement 30 authorities. 31 The Department shall promulgate any rules necessary for 32 the implementation of this amendatory Act of 1985. 33 17. To conduct arson investigations. 34 18. To develop a separate statewide statistical police -139- LRB9206615WHmb 1 contact record keeping system for the study of juvenile 2 delinquency. The records of this police contact system shall 3 be limited to statistical information. No individually 4 identifiable information shall be maintained in the police 5 contact statistical record system. 6 19. To develop a separate statewide central juvenile 7 records system for persons arrested prior to the age of 17 8 under Section 5-401 of the Juvenile Court Act of 1987 or 9 adjudicated delinquent minors and to make information 10 available to local law enforcement officers so that law 11 enforcement officers will be able to obtain rapid access to 12 the background of the minor from other jurisdictions to the 13 end that the juvenile police officers can make appropriate 14 decisions which will best serve the interest of the child and 15 the community. The Department shall submit a quarterly 16 report to the General Assembly and Governor which shall 17 contain the number of juvenile records that the Department 18 has received in that quarter and a list, by category, of 19 offenses that minors were arrested for or convicted of by 20 age, race and gender. 21 20. To develop rules which guarantee the confidentiality 22 of such individually identifiable juvenile records except to 23 juvenile authorities who request information concerning the 24 minor and who certify in writing that the information will 25 not be disclosed to any other party except as provided under 26 law or order of court. For purposes of this Section, 27 "juvenile authorities" means: (i) a judge of the circuit 28 court and members of the staff of the court designated by the 29 judge; (ii) parties to the proceedings under the Juvenile 30 Court Act of 1987 and their attorneys; (iii) probation 31 officers and court appointed advocates for the juvenile 32 authorized by the judge hearing the case; (iv) any individual 33 or public or private agency having custody of the child 34 pursuant to court order; (v) any individual or public or -140- LRB9206615WHmb 1 private agency providing education, medical or mental health 2 service to the child when the requested information is needed 3 to determine the appropriate service or treatment for the 4 minor; (vi) any potential placement provider when such 5 release is authorized by the court for the limited purpose of 6 determining the appropriateness of the potential placement; 7 (vii) law enforcement officers and prosecutors; (viii) adult 8 and juvenile prisoner review boards; (ix) authorized military 9 personnel; (x) individuals authorized by court; (xi) the 10 Illinois General Assembly or any committee or commission 11 thereof. 12 21. To develop administrative rules and administrative 13 hearing procedures which allow a minor, his or her attorney, 14 and his or her parents or guardian access to individually 15 identifiable juvenile records for the purpose of determining 16 or challenging the accuracy of the records. Final 17 administrative decisions shall be subject to the provisions 18 of the Administrative Review Law. 19 22. To charge, collect, and receive fees or moneys 20 equivalent to the cost of providing Department of State 21 Police personnel, equipment, and services to local 22 governmental agencies when explicitly requested by a local 23 governmental agency and pursuant to an intergovernmental 24 agreement as provided by this Section, other State agencies, 25 and federal agencies, including but not limited to fees or 26 moneys equivalent to the cost of providing dispatching 27 services, radio and radar repair, and training to local 28 governmental agencies on such terms and conditions as in the 29 judgment of the Director are in the best interest of the 30 State; and to establish, charge, collect and receive fees or 31 moneys based on the cost of providing responses to requests 32 for criminal history record information pursuant to positive 33 identification and any Illinois or federal law authorizing 34 access to some aspect of such information and to prescribe -141- LRB9206615WHmb 1 the form and manner for requesting and furnishing such 2 information to the requestor on such terms and conditions as 3 in the judgment of the Director are in the best interest of 4 the State, provided fees for requesting and furnishing 5 criminal history record information may be waived for 6 requests in the due administration of the criminal laws. The 7 Department may also charge, collect and receive fees or 8 moneys equivalent to the cost of providing electronic data 9 processing lines or related telecommunication services to 10 local governments, but only when such services can be 11 provided by the Department at a cost less than that 12 experienced by said local governments through other means. 13 All services provided by the Department shall be conducted 14 pursuant to contracts in accordance with the 15 Intergovernmental Cooperation Act, and all telecommunication 16 services shall be provided pursuant to the provisions of 17 Section 67.18 of this Code. 18 All fees received by the Department of State Police under 19 this Act or the Illinois Uniform Conviction Information Act 20 shall be deposited in a special fund in the State Treasury to 21 be known as the State Police Services Fund. The money 22 deposited in the State Police Services Fund shall be 23 appropriated to the Department of State Police for expenses 24 of the Department of State Police. 25 Upon the completion of any audit of the Department of 26 State Police as prescribed by the Illinois State Auditing 27 Act, which audit includes an audit of the State Police 28 Services Fund, the Department of State Police shall make the 29 audit open to inspection by any interested person. 30 23. To exercise the powers and perform the duties which 31 have been vested in the Department of State Police by the 32 Intergovernmental Missing Child Recovery Act of 1984, and to 33 establish reasonable rules and regulations necessitated 34 thereby. -142- LRB9206615WHmb 1 24. (a) To establish and maintain a statewide Law 2 Enforcement Agencies Data System (LEADS) for the purpose of 3 providing electronic access by authorized entities to 4 criminal justice data repositories and effecting an immediate 5 law enforcement response to reports of missing persons, 6 including lost, missing or runaway minors. The Department 7 shall implement an automatic data exchange system to compile, 8 to maintain and to make available to other law enforcement 9 agencies for immediate dissemination data which can assist 10 appropriate agencies in recovering missing persons and 11 provide access by authorized entities to various data 12 repositories available through LEADS for criminal justice and 13 related purposes. To assist the Department in this effort, 14 funds may be appropriated from the LEADS Maintenance Fund. 15 (b) In exercising its duties under this subsection, the 16 Department shall: 17 (1) provide a uniform reporting format for the 18 entry of pertinent information regarding the report of a 19 missing person into LEADS; 20 (2) develop and implement a policy whereby a 21 statewide or regional alert would be used in situations 22 relating to the disappearances of individuals, based on 23 criteria and in a format established by the Department. 24 Such a format shall include, but not be limited to, the 25 age of the missing person and the suspected circumstance 26 of the disappearance; 27 (3) notify all law enforcement agencies that 28 reports of missing persons shall be entered as soon as 29 the minimum level of data specified by the Department is 30 available to the reporting agency, and that no waiting 31 period for the entry of such data exists; 32 (4) compile and retain information regarding lost, 33 abducted, missing or runaway minors in a separate data 34 file, in a manner that allows such information to be used -143- LRB9206615WHmb 1 by law enforcement and other agencies deemed appropriate 2 by the Director, for investigative purposes. Such 3 information shall include the disposition of all reported 4 lost, abducted, missing or runaway minor cases; 5 (5) compile and maintain an historic data 6 repository relating to lost, abducted, missing or runaway 7 minors and other missing persons in order to develop and 8 improve techniques utilized by law enforcement agencies 9 when responding to reports of missing persons; and 10 (6) create a quality control program regarding 11 confirmation of missing person data, timeliness of 12 entries of missing person reports into LEADS and 13 performance audits of all entering agencies. 14 25. On request of a school board or regional 15 superintendent of schools, to conduct an inquiry pursuant to 16 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 17 an applicant for employment in a school district has been 18 convicted of any criminal or drug offenses enumerated in 19 Section 10-21.9 or 34-18.5 of the School Code. The 20 Department shall furnish such conviction information to the 21 President of the school board of the school district which 22 has requested the information, or if the information was 23 requested by the regional superintendent to that regional 24 superintendent. 25 26. To promulgate rules and regulations necessary for 26 the administration and enforcement of its powers and duties, 27 wherever granted and imposed, pursuant to the Illinois 28 Administrative Procedure Act. 29 27. To (a) promulgate rules pertaining to the 30 certification, revocation of certification and training of 31 law enforcement officers as electronic criminal surveillance 32 officers, (b) provide training and technical assistance to 33 State's Attorneys and local law enforcement agencies 34 pertaining to the interception of private oral -144- LRB9206615WHmb 1 communications, (c) promulgate rules necessary for the 2 administration of Article 108B of the Code of Criminal 3 Procedure of 1963, including but not limited to standards for 4 recording and minimization of electronic criminal 5 surveillance intercepts, documentation required to be 6 maintained during an intercept, procedures in relation to 7 evidence developed by an intercept, and (d) charge a 8 reasonable fee to each law enforcement agency that sends 9 officers to receive training as electronic criminal 10 surveillance officers. 11 28. Upon the request of any private organization which 12 devotes a major portion of its time to the provision of 13 recreational, social, educational or child safety services to 14 children, to conduct, pursuant to positive identification, 15 criminal background investigations of all of that 16 organization's current employees, current volunteers, 17 prospective employees or prospective volunteers charged with 18 the care and custody of children during the provision of the 19 organization's services, and to report to the requesting 20 organization any record of convictions maintained in the 21 Department's files about such persons. The Department shall 22 charge an application fee, based on actual costs, for the 23 dissemination of conviction information pursuant to this 24 subsection. The Department is empowered to establish this 25 fee and shall prescribe the form and manner for requesting 26 and furnishing conviction information pursuant to this 27 subsection. Information received by the organization from the 28 Department concerning an individual shall be provided to such 29 individual. Any such information obtained by the 30 organization shall be confidential and may not be transmitted 31 outside the organization and may not be transmitted to anyone 32 within the organization except as needed for the purpose of 33 evaluating the individual. Only information and standards 34 which bear a reasonable and rational relation to the -145- LRB9206615WHmb 1 performance of child care shall be used by the organization. 2 Any employee of the Department or any member, employee or 3 volunteer of the organization receiving confidential 4 information under this subsection who gives or causes to be 5 given any confidential information concerning any criminal 6 convictions of an individual shall be guilty of a Class A 7 misdemeanor unless release of such information is authorized 8 by this subsection. 9 29. Upon the request of the Department of Children and 10 Family Services, to investigate reports of child abuse or 11 neglect. 12 30. To obtain registration of a fictitious vital record 13 pursuant to Section 15.1 of the Vital Records Act. 14 31. To collect and disseminate information relating to 15 "hate crimes" as defined under Section 12-7.1 of the Criminal 16 Code of 1961 contingent upon the availability of State or 17 Federal funds to revise and upgrade the Illinois Uniform 18 Crime Reporting System. All law enforcement agencies shall 19 report monthly to the Department of State Police concerning 20 such offenses in such form and in such manner as may be 21 prescribed by rules and regulations adopted by the Department 22 of State Police. Such information shall be compiled by the 23 Department and be disseminated upon request to any local law 24 enforcement agency, unit of local government, or state 25 agency. Dissemination of such information shall be subject 26 to all confidentiality requirements otherwise imposed by law. 27 The Department of State Police shall provide training for 28 State Police officers in identifying, responding to, and 29 reporting all hate crimes. The Illinois Law Enforcement 30 Training Standards Board shall develop and certify a course 31 of such training to be made available to local law 32 enforcement officers. 33 32. Upon the request of a private carrier company that 34 provides transportation under Section 28b of the Metropolitan -146- LRB9206615WHmb 1 Transit Authority Act, to ascertain if an applicant for a 2 driver position has been convicted of any criminal or drug 3 offense enumerated in Section 28b of the Metropolitan Transit 4 Authority Act. The Department shall furnish the conviction 5 information to the private carrier company that requested the 6 information. 7 33. To apply for grants or contracts, receive, expend, 8 allocate, or disburse funds and moneys made available by 9 public or private entities, including, but not limited to, 10 contracts, bequests, grants, or receiving equipment from 11 corporations, foundations, or public or private institutions 12 of higher learning. All funds received by the Department 13 from these sources shall be deposited into the appropriate 14 fund in the State Treasury to be appropriated to the 15 Department for purposes as indicated by the grantor or 16 contractor or, in the case of funds or moneys bequeathed or 17 granted for no specific purpose, for any purpose as deemed 18 appropriate by the Director in administering the 19 responsibilities of the Department. 20 34. Upon the request of the Department of Children and 21 Family Services, the Department of State Police shall provide 22 properly designated employees of the Department of Children 23 and Family Services with criminal history record information 24 as defined in the Illinois Uniform Conviction Information Act 25 and information maintained in the Statewide Central Juvenile 26 record system as defined in subdivision (A)19 of this Section 27 if the Department of Children and Family Services determines 28 the information is necessary to perform its duties under the 29 Abused and Neglected Child Reporting Act, the Child Care Act 30 of 1969, and the Children and Family Services Act. The 31 request shall be in the form and manner specified by the 32 Department of State Police. 33 35. The Illinois Department of Human ServicesPublic Aid34 is an authorized entity under this Section for the purpose of -147- LRB9206615WHmb 1 exchanging information, in the form and manner required by 2 the Department of State Police, to facilitate the location of 3 individuals for establishing paternity, and establishing, 4 modifying, and enforcing child support obligations, pursuant 5 to the Illinois Public Aid Code and Title IV, Part D of the 6 Social Security Act. 7 36. Upon request of the Department of Human Services, to 8 conduct an assessment and evaluation of sexually violent 9 persons as mandated by the Sexually Violent Persons 10 Commitment Act, the Department shall furnish criminal history 11 information maintained on the requested person. The request 12 shall be in the form and manner specified by the Department. 13 37. To exercise the powers and perform the duties 14 specifically assigned to the Department under the Wireless 15 Emergency Telephone Safety Act with respect to the 16 development and improvement of emergency communications 17 procedures and facilities in such a manner as to facilitate a 18 quick response to any person calling the number "9-1-1" 19 seeking police, fire, medical, or other emergency services 20 through a wireless carrier as defined in Section 10 of the 21 Wireless Emergency Telephone Safety Act. Nothing in the 22 Wireless Emergency Telephone Safety Act shall require the 23 Illinois State Police to provide wireless enhanced 9-1-1 24 services. 25 (B) The Department of State Police may establish and 26 maintain, within the Department of State Police, a Statewide 27 Organized Criminal Gang Database (SWORD) for the purpose of 28 tracking organized criminal gangs and their memberships. 29 Information in the database may include, but not be limited 30 to, the name, last known address, birth date, physical 31 descriptions (such as scars, marks, or tattoos), officer 32 safety information, organized gang affiliation, and entering 33 agency identifier. The Department may develop, in 34 consultation with the Criminal Justice Information Authority, -148- LRB9206615WHmb 1 and in a form and manner prescribed by the Department, an 2 automated data exchange system to compile, to maintain, and 3 to make this information electronically available to 4 prosecutors and to other law enforcement agencies. The 5 information may be used by authorized agencies to combat the 6 operations of organized criminal gangs statewide. 7 (C) The Department of State Police may ascertain the 8 number of bilingual police officers and other personnel 9 needed to provide services in a language other than English 10 and may establish, under applicable personnel rules and 11 Department guidelines or through a collective bargaining 12 agreement, a bilingual pay supplement program. 13 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 14 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 15 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 16 1-21-99; 91-660, eff. 12-22-99.) 17 Section 120. The Department of State Police Law of the 18 Civil Administrative Code of Illinois is amended by changing 19 Section 2605-377 as follows: 20 (20 ILCS 2605/2605-377) (was 20 ILCS 2605/55a in part) 21 Sec. 2605-377. Department of Human ServicesPublic Aid; 22 LEADS access. 23 (a) The Illinois Department of Human ServicesPublic Aid24 is an authorized entity under this Law for the purpose of 25 exchanging information, in the form and manner required by 26 the Department of State Police, to facilitate the location of 27 individuals for establishing paternity, and establishing, 28 modifying, and enforcing child support obligations, pursuant 29 to the Illinois Public Aid Code and Title IV, Part D of the 30 Social Security Act. 31 (b) The Illinois Department of Human ServicesPublic Aid32 is an authorized entity under this Section for the purpose of -149- LRB9206615WHmb 1 obtaining access to various data repositories available 2 through LEADS, to facilitate the location of individuals for 3 establishing paternity, and establishing, modifying, and 4 enforcing child support obligations, pursuant to the Illinois 5 Public Aid Code and Title IV, Part D of the Social Security 6 Act. The Department shall enter into an agreement with the 7 Illinois Department of Human ServicesPublic Aidconsistent 8 with these purposes. 9 (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 10 90-372, eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 11 7-30-98; 90-793, eff. 8-14-98; 91-239, eff. 1-1-00; 91-760, 12 eff. 1-1-01.) 13 Section 125. The Home and Community-Based Services Act 14 is amended by changing Section 15 as follows: 15 (20 ILCS 3957/15) 16 Sec. 15. Task force. 17 (a) There is established the Home and Community-Based 18 Services Task Force. The Task Force shall perform a study to 19 determine the feasibility of developing a comprehensive home 20 and community-based services program for individuals age 60 21 and older who are eligible for medical assistance under the 22 Illinois Public Aid Code. The Task Force shall review 23 existing home and community-based services provided by the 24 various departments of State government, including the 25Department of Public Aid, theDepartment on Aging, the 26 Department of Human Services, and any other agency of State 27 government that provides home and community-based services to 28 individuals age 60 and over, to determine the types of 29 services provided and the extent to which those services are 30 currently being provided by the State. In addition, the Task 31 Force shall do the following: 32 (1) Determine the feasibility of consolidating -150- LRB9206615WHmb 1 responsibility for all home and community-based services 2 currently provided by the State into one existing agency 3 of State government, or division of an existing agency of 4 State government, that would be responsible for providing 5 and regulating all long-term care and home and 6 community-based services for individuals age 60 and 7 older. 8 (2) Determine the most effective means of expanding 9 the State's existing home and community-based programs 10 for individuals age 60 and older to include in-home 11 services (companionship and home care), residential care 12 facilities services, adult foster care services, minor 13 physical adaptations to the home, and adult day health 14 services. 15 (3) Determine the most effective way to expand 16 existing home and community-based services, including by 17 providing any of the services described in paragraph (2) 18 that are not now being provided, to increase the number 19 of individuals who receive these services. 20 (4) Report the Task Force's legislative 21 recommendations to the Governor and the General Assembly 22 no later than July 1, 1994. 23 (b) The Secretary of Human ServicesDirector of Public24Aidor the Secretary'sDirector'sdesignee shall serve as 25 chairman of the Task Force. The Directors of Rehabilitation 26 Services, Aging, and Mental Health and Developmental 27 Disabilities or their designees shall serve as members of the 28 Task Force. Members of the Task Force shall serve without 29 compensation and shall utilize existing staff and equipment 30 to produce their findings and recommendations. The Task 31 Force shall cooperate with the various representatives of the 32 nursing home, health care, and long-term care industries to 33 develop the study required under subsection (a). If the Task 34 Force is active on or after July 1, 1997, the Secretary of -151- LRB9206615WHmb 1 Human Services or his or her designee shall serve in the 2 place of the former Director of Rehabilitation Services and 3 the former Director of Mental Health and Developmental 4 Disabilities. 5 (Source: P.A. 88-105; 89-507, eff. 7-1-97.) 6 Section 130. The Interagency Coordinating Council Act is 7 amended by changing Section 2 as follows: 8 (20 ILCS 3970/2) (from Ch. 127, par. 3832) 9 Sec. 2. Interagency Coordinating Council. There is 10 hereby created an Interagency Coordinating Council which 11 shall be composed of the Directors, or their designees, of 12 the Illinois Department of Children and Family Services, 13 Illinois Department of Commerce and Community Affairs, 14 Illinois Department of Corrections, and Illinois Department 15 of Employment Security, and Illinois Department of Public16Aid; the Secretary of Human Services or his or her designee; 17 the Executive Director, or a designee, of the Illinois 18 Community College Board and the Illinois Planning Council on 19 Developmental Disabilities; the State Superintendent of 20 Education, or a designee; and a designee representing the 21 University of Illinois - Division of Specialized Care for 22 Children. At its first meeting the Council shall select a 23 chair from among its members who shall serve for a term of 2 24 years. 25 (Source: P.A. 89-507, eff. 7-1-97.) 26 Section 132. The Illinois Health Facilities Planning Act 27 is amended by changing Section 4 as follows: 28 (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154) 29 (Section scheduled to be repealed on July 1, 2003) 30 Sec. 4. There is created the Health Facilities Planning -152- LRB9206615WHmb 1 Board, which shall perform such functions as hereinafter 2 described in this Act. 3 The State Board shall consist of 15 voting members, 4 including: 8 consumer members; one member representing the 5 commercial health insurance industry in Illinois; one member 6 representing hospitals in Illinois; one member who is 7 actively engaged in the field of hospital management; one 8 member who is a professional nurse registered in Illinois; 9 one member who is a physician in active private practice 10 licensed in Illinois to practice medicine in all of its 11 branches; one member who is actively engaged in the field of 12 skilled nursing or intermediate care facility management; and 13 one member who is actively engaged in the administration of 14 an ambulatory surgical treatment center licensed under the 15 Ambulatory Surgical Treatment Center Act. 16 The State Board shall be appointed by the Governor, with 17 the advice and consent of the Senate. In making the 18 appointments, the Governor shall give consideration to 19 recommendations made by (1) the professional organizations 20 concerned with hospital management for the hospital 21 management appointment, (2) professional organizations 22 concerned with long term care facility management for the 23 long term care facility management appointment, (3) 24 professional medical organizations for the physician 25 appointment, (4) professional nursing organizations for the 26 nurse appointment, and (5) professional organizations 27 concerned with ambulatory surgical treatment centers for the 28 ambulatory surgical treatment center appointment, and shall 29 appoint as consumer members individuals familiar with 30 community health needs but whose interest in the operation, 31 construction or utilization of health care facilities are 32 derived from factors other than those related to his 33 profession, business, or economic gain, and who represent, so 34 far as possible, different geographic areas of the State. Not -153- LRB9206615WHmb 1 more than 8 of the appointments shall be of the same 2 political party. 3 The Secretary of Human Services, the Director of Public4Aid,and the Director of Public Health, or their designated 5 representatives, shall serve as ex-officio, non-voting 6 members of the State Board. 7 Of those appointed by the Governor as voting members, 8 each member shall hold office for a term of 3 years: 9 provided, that any member appointed to fill a vacancy 10 occurring prior to the expiration of the term for which his 11 predecessor was appointed shall be appointed for the 12 remainder of such term and the term of office of each 13 successor shall commence on July 1 of the year in which his 14 predecessor's term expires. In making original appointments 15 to the State Board, the Governor shall appoint 5 members for 16 a term of one year, 5 for a term of 2 years, and 3 for a term 17 of 3 years, and each of these terms of office shall commence 18 on July 1, 1974. The initial term of office for the members 19 appointed under this amendatory Act of 1996 shall begin on 20 July 1, 1996 and shall last for 2 years, and each subsequent 21 appointment shall be for a term of 3 years. Each member 22 shall hold office until his successor is appointed and 23 qualified. 24 State Board members, while serving on business of the 25 State Board, shall receive actual and necessary travel and 26 subsistence expenses while so serving away from their places 27 of residence. In addition, while serving on business of the 28 State Board, each member shall receive compensation of $150 29 per day, except that such compensation shall not exceed 30 $7,500 in any one year for any member. 31 The State Board shall provide for its own organization 32 and procedures, including the selection of a Chairman and 33 such other officers as deemed necessary. The Director, with 34 concurrence of the State Board, shall name as full-time -154- LRB9206615WHmb 1 Executive Secretary of the State Board, a person qualified in 2 health care facility planning and in administration. The 3 Agency shall provide administrative and staff support for the 4 State Board. The State Board shall advise the Director of 5 its budgetary and staff needs and consult with the Director 6 on annual budget preparation. 7 The State Board shall meet at least once each quarter, or 8 as often as the Chairman of the State Board deems necessary, 9 or upon the request of a majority of the members. 10 Eight members of the State Board shall constitute a 11 quorum. The affirmative vote of 8 of the members of the 12 State Board shall be necessary for any action requiring a 13 vote to be taken by the State Board. A vacancy in the 14 membership of the State Board shall not impair the right of a 15 quorum to exercise all the rights and perform all the duties 16 of the State Board as provided by this Act. 17 (Source: P.A. 90-14, eff. 7-1-97; 91-782, eff. 6-9-00.) 18 Section 133. The Interagency Coordinating Council Act is 19 amended by changing Section 2 as follows: 20 (20 ILCS 3970/2) (from Ch. 127, par. 3832) 21 Sec. 2. Interagency Coordinating Council. There is 22 hereby created an Interagency Coordinating Council which 23 shall be composed of the Directors, or their designees, of 24 the Illinois Department of Children and Family Services, 25 Illinois Department of Commerce and Community Affairs, 26 Illinois Department of Corrections, and Illinois Department 27 of Employment Security, and Illinois Department of Public28Aid; the Secretary of Human Services or his or her designee; 29 the Executive Director, or a designee, of the Illinois 30 Community College Board and the Illinois Planning Council on 31 Developmental Disabilities; the State Superintendent of 32 Education, or a designee; and a designee representing the -155- LRB9206615WHmb 1 University of Illinois - Division of Specialized Care for 2 Children. At its first meeting the Council shall select a 3 chair from among its members who shall serve for a term of 2 4 years. 5 (Source: P.A. 89-507, eff. 7-1-97.) 6 Section 134. The Illinois Council on Developmental 7 Disabilities Law is amended by changing Section 2004.5 as 8 follows: 9 (20 ILCS 4010/2004.5) 10 Sec. 2004.5. Council membership. The General Assembly 11 intends that the reduction in the membership of the Council 12 shall occur through attrition between the effective date of 13 this amendatory Act of the 91st General Assembly and January 14 1, 2001. In the event that the terms of 10 voting members 15 have not expired by January 1, 2001, members of the Council 16 serving on that date shall continue to serve until their 17 terms expire. 18 (a) The membership of the Council must reasonably 19 represent the diversity of this State. Not less than 60% of 20 the Council's membership must be individuals with 21 developmental disabilities, parents or guardians of children 22 with developmental disabilities, or immediate relatives or 23 guardians of adults with developmental disabilities who 24 cannot advocate for themselves. 25 The Council must also include representatives of State 26 agencies that administer moneys under federal laws that 27 relate to individuals with developmental disabilities; the 28 State University Center for Excellence in Developmental 29 Disabilities Education, Research, and Service; the State 30 protection and advocacy system; and representatives of local 31 and non-governmental agencies and private non-profit groups 32 concerned with services for individuals with developmental -156- LRB9206615WHmb 1 disabilities. The members described in this paragraph must 2 have sufficient authority to engage in policy-making, 3 planning, and implementation on behalf of the department, 4 agency, or program that they represent. Those members may 5 not take part in any discussion of grants or contracts for 6 which their departments, agencies, or programs are grantees, 7 contractors, or applicants and must comply with any other 8 relevant conflict of interest provisions in the Council's 9 policies or bylaws. 10 (b) Seventeen voting members, appointed by the Governor, 11 must be persons with developmental disabilities, parents or 12 guardians of persons with developmental disabilities, or 13 immediate relatives or guardians of persons with 14 mentally-impairing developmental disabilities. None of these 15 members may be employees of a State agency that receives 16 funds or provides services under the federal Developmental 17 Disabilities Assistance and Bill of Rights Act of 1996 (42 18 U.S.C. 6000 et seq.), as now or hereafter amended, managing 19 employees of any other entity that receives moneys or 20 provides services under the federal Developmental 21 Disabilities Assistance and Bill of Rights Act of 1996 (42 22 U.S.C. 6000 et seq.), as now or hereafter amended, or persons 23 with an ownership interest in or a controlling interest in 24 such an entity. Of the members appointed under this 25 subsection (b): 26 (1) at least 6 must be persons with developmental 27 disabilities; 28 (2) at least 6 must be parents, immediate relatives, 29 or guardians of children and adults with developmental 30 disabilities, including individuals with 31 mentally-impairing developmental disabilities who cannot 32 advocate for themselves; and 33 (3) 5 members must be a combination of persons 34 described in paragraphs (1) and (2); at least one of whom -157- LRB9206615WHmb 1 must be (i) an immediate relative or guardian of an 2 individual with a developmental disability who resides or 3 who previously resided in an institution or (ii) an 4 individual with a developmental disability who resides or 5 who previously resided in an institution. 6 (c) Two voting members, appointed by the Governor, must 7 be representatives of local and non-governmental agencies and 8 private non-profit groups concerned with services for 9 individuals with developmental disabilities. 10 (d) Nine voting members shall be the Secretary of Human 11 ServicesDirector of Public Aid, or his or her designee; the 12 Director of Aging, or his or her designee; the Director of 13 Children and Family Services, or his or her designee; a 14 representative of the State Board of Education; a 15 representative of the State protection and advocacy system; a 16 representative of the State University Center for Excellence 17 in Developmental Disabilities Education, Research, and 18 Service; representatives of the Office of Developmental 19 Disabilities and the Office of Community Health and 20 Prevention of the Department of Human Services (as the 21 State's lead agency for Title V of the Social Security Act, 22 42 U.S.C. 701 et seq.) designated by the Secretary of Human 23 Services; and a representative of the State entity that 24 administers federal moneys under the federal Rehabilitation 25 Act. 26 (e) The Director of the Bureau of the Budget, or his or 27 her designee, shall be a non-voting member of the Council. 28 (f) The Governor must provide for the timely rotation of 29 members. 30 Appointments to the Council shall be for terms of 3 31 years. Appointments to fill vacancies occurring before the 32 expiration of a term shall be for the remainder of the term. 33 Members shall serve until their successors are appointed. 34 The Council, at the discretion of the Governor, may -158- LRB9206615WHmb 1 coordinate and provide recommendations for new members to the 2 Governor based upon their review of the Council's composition 3 and on input received from other organizations and 4 individuals representing persons with developmental 5 disabilities, including the non-State agency members of the 6 Council. The Council must, at least once each year, advise 7 the Governor on the Council's membership requirements and 8 vacancies, including rotation requirements. 9 No member may serve for more than 2 successive terms. 10 (g) Members may not receive compensation for their 11 services, but shall be reimbursed for their reasonable 12 expenses plus up to $50 per day for any loss of wages 13 incurred in the performance of their duties. 14 (h) The total membership of the Council consists of the 15 number of voting members, as defined in this Section, 16 excluding any vacant positions. A quorum is a simple majority 17 of the total membership and is sufficient to constitute the 18 transaction of the business of the Council unless otherwise 19 stipulated in the bylaws of the Council. 20 (i) The Council must meet at least quarterly. 21 (Source: P.A. 91-798, eff. 7-9-00.) 22 Section 135. The Primary Care Medical Education Advisory 23 Committee Act is amended by changing Sections 5, 15, 20, and 24 30 as follows: 25 (20 ILCS 4022/5) 26 Sec. 5. Purpose. 27 (a) An Advisory Committee on Primary Care Medical 28 Education is created for the following purposes: 29 (1) To assure coordination of policies in the 30 disbursement of State medical education funds by the 31 Illinois Board of Higher Education; the Illinois 32 Department of Human ServicesPublic Aid; and the Illinois -159- LRB9206615WHmb 1 Department of Public Health; and to ensure that these 2 organizations operate under consistent and complementary 3 goals in funding medical education programs. 4 (2) To improve coordination and reporting of 5 existing data to better identify public need for types of 6 medical professionals. 7 (3) To evaluate the factors that affect the 8 training and retention of primary care physicians in 9 Illinois. 10 (b) The charge of the Advisory Committee on Primary Care 11 Medical Education is to recommend public policies to the 12 Governor and General Assembly that ensure that public funding 13 for medical education reflects public priorities for medical 14 services. Currently, medical schools and training programs 15 should increase their production of primary care physicians, 16 and State funding should favor primary care education in both 17 public and private training programs. Schools and training 18 programs that perform at consistently high levels of primary 19 care physician production should be encouraged. 20 (Source: P.A. 89-316, eff. 1-1-96.) 21 (20 ILCS 4022/15) 22 Sec. 15. Composition. The Advisory Committee on Primary 23 Care Medical Education shall be comprised of the following 24 pro bono members: One representative each from the Illinois 25 State Medical Society, the Illinois Academy of Family 26 Physicians, the Illinois Chapter of the American Academy of 27 Pediatrics, the Illinois Society of Internal Medicine, the 28 Illinois Section of the American College of Obstetrics and 29 Gynecology, the Illinois Hospital and Health System 30 Association, each of the eight Illinois medical schools, the 31 Illinois Area Health Education Centers, the Illinois Rural 32 Health Association, and the Illinois Primary Health Care 33 Association. The Secretary of Human ServicesDirector of-160- LRB9206615WHmb 1Public Aid, Director of Public Health, and Executive Director 2 of the Board of Higher Education shall serve as ex officio 3 members of the Advisory Committee. The Advisory Committee 4 may elect a chair and such other officers, and set the place 5 and time of its meetings as it deems necessary. The Director 6 of Public Health shall convene the initial meeting of the 7 Advisory Committee within 30 days after the effective date of 8 this Act. 9 (Source: P.A. 89-316, eff. 1-1-96.) 10 (20 ILCS 4022/20) 11 Sec. 20. Staffing. The Primary Care Medical Education 12 Advisory Committee shall be staffed by a full-time program 13 administrator in the Department of Public Health and report 14 to the Director of the Department. The administrator shall 15 be supported by staff and resources, including funding, by 16 the Department of Public Health, the Board of Higher 17 Education, and the Department of Human ServicesPublic Aid. 18 Other funding sources may include schools, foundations, or 19 federal grants. 20 (Source: P.A. 89-316, eff. 1-1-96.) 21 (20 ILCS 4022/30) 22 Sec. 30. Data collection. Each medical school and 23 residency training program shall submit to the Advisory 24 Committee an annual report beginning December 31, 1996 on the 25 distribution of graduates from its medical programs as 26 follows: 27 (a) The number and specialty distribution of medical 28 residents and extended-year residents by primary care and 29 non-primary care designations. 30 (b) The distribution of residency positions by type of 31 health facility (that is, university-operated hospital, 32 county hospital, Veteran's Administration hospital, -161- LRB9206615WHmb 1 affiliated community hospital, or ambulatory care site). 2 (c) The number and specialty distribution of post-M.D. 3 or post-D.O. trainees listed by primary and non-primary 4 specialties. 5 (d) The number and specialty distribution of 6 State-supported and nonstate-supported medical residents at 7 the school. 8 (e) The level of financial and other support from all 9 funding sources provided for each primary care residency 10 program. The report shall specify the fund source for each 11 program and the estimated associated faculty support for the 12 program. 13 (f) The 1998 report shall include data on the actual 14 location and practice specialty of graduates of the medical 15 school from 1991 to 1995 for the primary care specialties of 16 family practice, internal medicine, pediatrics, and 17 obstetrics and gynecology. The purpose of this tracking 18 shall be to determine to what degree these graduates remain 19 in primary care practice in order to evaluate the impact of 20 these trends on the State's goal of increasing the supply of 21 primary care practitioners. 22 The Illinois Board of Higher Education annually shall 23 submit to the Advisory Committee information on medical and 24 education programs, and particularly information on the 25 following: 26 (1) current objectives of Health Services Education 27 Grants Act funding; 28 (2) the distribution of Health Services Education 29 Grants Act funding; and 30 (3) general grants and appropriations to the 31 State's public medical schools. 32 The Illinois Department of Public Health shall submit to 33 the Advisory Committee a copy of its annual report to the 34 General Assembly and the Governor, including the results and -162- LRB9206615WHmb 1 progress of the programs established in the Family Practice 2 Residency Act. 3 The Illinois Department of Human ServicesPublic Aid4 shall submit to the Advisory Committee its annual report to 5 the General Assembly and Governor, including the following: 6 (1) current methodology used by the Department for 7 calculating direct and indirect GME payments in Illinois; 8 and 9 (2) distribution of all medicaid direct and 10 indirect GME payments, including to teaching hospitals in 11 Illinois. 12 (Source: P.A. 89-316, eff. 1-1-96; 90-730, eff. 8-10-98.) 13 Section 140. The Legislative Commission Reorganization 14 Act of 1984 is amended by changing Section 11A-8 as follows: 15 (25 ILCS 130/11A-8) (from Ch. 63, par. 1011A-8) 16 Sec. 11A-8. The Citizens Assembly, under the direction 17 of the Citizens Council on Public Aid, shall: 18 (a) Meet with the Illinois Department of Public Health, 19 the Illinois Department of Labor, the Dangerous Drugs 20 Commission, the Illinois Department of Children and Family 21 Services, the Financial Fraud and Forgery Bureau in the 22 Department of Law Enforcement or any successor agency 23 assigned the powers and duties of that Bureau, the State 24 Board of Education, and the Department of Human Services, and 25 advise those agencies on all matters having a clear and 26 direct effect on the policy, administration or fiscal impact 27 of the Illinois Department of Human ServicesPublic Aid; 28 (b) Report to the General Assembly its recommendations 29 for remedial legislation in the field of public aid, and 30 include in the report any deviations from statutory 31 limitations on grants made by the Illinois Department since 32 the last report. -163- LRB9206615WHmb 1 (Source: P.A. 89-507, eff. 7-1-97.) 2 Section 145. The Illinois State Auditing Act is amended 3 by changing Section 3-1 as follows: 4 (30 ILCS 5/3-1) (from Ch. 15, par. 303-1) 5 (Text of Section before amendment by P.A. 91-935) 6 Sec. 3-1. Jurisdiction of Auditor General. The Auditor 7 General has jurisdiction over all State agencies to make post 8 audits and investigations authorized by or under this Act or 9 the Constitution. 10 The Auditor General has jurisdiction over local 11 government agencies and private agencies only: 12 (a) to make such post audits authorized by or under 13 this Act as are necessary and incidental to a post audit 14 of a State agency or of a program administered by a State 15 agency involving public funds of the State, but this 16 jurisdiction does not include any authority to review 17 local governmental agencies in the obligation, receipt, 18 expenditure or use of public funds of the State that are 19 granted without limitation or condition imposed by law, 20 other than the general limitation that such funds be used 21 for public purposes; 22 (b) to make investigations authorized by or under 23 this Act or the Constitution; and 24 (c) to make audits of the records of local 25 government agencies to verify actual costs of 26 state-mandated programs when directed to do so by the 27 Legislative Audit Commission at the request of the State 28 Board of Appeals under the State Mandates Act. 29 In addition to the foregoing, the Auditor General may 30 conduct an audit of the Metropolitan Pier and Exposition 31 Authority, the Regional Transportation Authority, the 32 Suburban Bus Division, the Commuter Rail Division and the -164- LRB9206615WHmb 1 Chicago Transit Authority and any other subsidized carrier 2 when authorized by the Legislative Audit Commission. Such 3 audit may be a financial, management or program audit, or any 4 combination thereof. 5 The audit shall determine whether they are operating in 6 accordance with all applicable laws and regulations. Subject 7 to the limitations of this Act, the Legislative Audit 8 Commission may by resolution specify additional 9 determinations to be included in the scope of the audit. 10 The Auditor General may also conduct an audit, when 11 authorized by the Legislative Audit Commission, of any 12 hospital which receives 10% or more of its gross revenues 13 from payments from the State of Illinois, Department of Human 14 ServicesPublic Aid, Medical Assistance Program. 15 The Auditor General is authorized to conduct financial 16 and compliance audits of the Illinois Distance Learning 17 Foundation and the Illinois Conservation Foundation. 18 As soon as practical after the effective date of this 19 amendatory Act of 1995, the Auditor General shall conduct a 20 compliance and management audit of the City of Chicago and 21 any other entity with regard to the operation of Chicago 22 O'Hare International Airport, Chicago Midway Airport and 23 Merrill C. Meigs Field. The audit shall include, but not be 24 limited to, an examination of revenues, expenses, and 25 transfers of funds; purchasing and contracting policies and 26 practices; staffing levels; and hiring practices and 27 procedures. When completed, the audit required by this 28 paragraph shall be distributed in accordance with Section 29 3-14. 30 The Auditor General shall conduct a financial and 31 compliance and program audit of distributions from the 32 Municipal Economic Development Fund during the immediately 33 preceding calendar year pursuant to Section 8-403.1 of the 34 Public Utilities Act at no cost to the city, village, or -165- LRB9206615WHmb 1 incorporated town that received the distributions. 2 The Auditor General must conduct an audit of the Health 3 Facilities Planning Board pursuant to Section 19.5 of the 4 Illinois Health Facilities Planning Act. 5 (Source: P.A. 90-813, eff. 1-29-99; 91-782, eff. 6-9-00.) 6 (Text of Section after amendment by P.A. 91-935) 7 Sec. 3-1. Jurisdiction of Auditor General. The Auditor 8 General has jurisdiction over all State agencies to make post 9 audits and investigations authorized by or under this Act or 10 the Constitution. 11 The Auditor General has jurisdiction over local 12 government agencies and private agencies only: 13 (a) to make such post audits authorized by or under 14 this Act as are necessary and incidental to a post audit 15 of a State agency or of a program administered by a State 16 agency involving public funds of the State, but this 17 jurisdiction does not include any authority to review 18 local governmental agencies in the obligation, receipt, 19 expenditure or use of public funds of the State that are 20 granted without limitation or condition imposed by law, 21 other than the general limitation that such funds be used 22 for public purposes; 23 (b) to make investigations authorized by or under 24 this Act or the Constitution; and 25 (c) to make audits of the records of local 26 government agencies to verify actual costs of 27 state-mandated programs when directed to do so by the 28 Legislative Audit Commission at the request of the State 29 Board of Appeals under the State Mandates Act. 30 In addition to the foregoing, the Auditor General may 31 conduct an audit of the Metropolitan Pier and Exposition 32 Authority, the Regional Transportation Authority, the 33 Suburban Bus Division, the Commuter Rail Division and the 34 Chicago Transit Authority and any other subsidized carrier -166- LRB9206615WHmb 1 when authorized by the Legislative Audit Commission. Such 2 audit may be a financial, management or program audit, or any 3 combination thereof. 4 The audit shall determine whether they are operating in 5 accordance with all applicable laws and regulations. Subject 6 to the limitations of this Act, the Legislative Audit 7 Commission may by resolution specify additional 8 determinations to be included in the scope of the audit. 9 In addition to the foregoing, the Auditor General must 10 also conduct a financial audit of the Illinois Sports 11 Facilities Authority's expenditures of public funds in 12 connection with the reconstruction, renovation, remodeling, 13 extension, or improvement of all or substantially all of any 14 existing "facility", as that term is defined in the Illinois 15 Sports Facilities Authority Act. 16 The Auditor General may also conduct an audit, when 17 authorized by the Legislative Audit Commission, of any 18 hospital which receives 10% or more of its gross revenues 19 from payments from the State of Illinois, Department of Human 20 ServicesPublic Aid, Medical Assistance Program. 21 The Auditor General is authorized to conduct financial 22 and compliance audits of the Illinois Distance Learning 23 Foundation and the Illinois Conservation Foundation. 24 As soon as practical after the effective date of this 25 amendatory Act of 1995, the Auditor General shall conduct a 26 compliance and management audit of the City of Chicago and 27 any other entity with regard to the operation of Chicago 28 O'Hare International Airport, Chicago Midway Airport and 29 Merrill C. Meigs Field. The audit shall include, but not be 30 limited to, an examination of revenues, expenses, and 31 transfers of funds; purchasing and contracting policies and 32 practices; staffing levels; and hiring practices and 33 procedures. When completed, the audit required by this 34 paragraph shall be distributed in accordance with Section -167- LRB9206615WHmb 1 3-14. 2 The Auditor General shall conduct a financial and 3 compliance and program audit of distributions from the 4 Municipal Economic Development Fund during the immediately 5 preceding calendar year pursuant to Section 8-403.1 of the 6 Public Utilities Act at no cost to the city, village, or 7 incorporated town that received the distributions. 8 The Auditor General must conduct an audit of the Health 9 Facilities Planning Board pursuant to Section 19.5 of the 10 Illinois Health Facilities Planning Act. 11 (Source: P.A. 90-813, eff. 1-29-99; 91-782, eff. 6-9-00; 12 91-935, eff. 6-1-01.) 13 Section 150. The State Finance Act is amended by 14 changing Sections 6b, 6z-24, 6z-30, 6z-40, 13.2, and 25 as 15 follows: 16 (30 ILCS 105/6b) (from Ch. 127, par. 142b) 17 Sec. 6b. The gross or total proceeds, receipts and 18 income of all the several State institutions, clinics, 19 rehabilitation centers and services, except the Illinois 20 Veterans Home at Quincy, derived from the Veterans' 21 Administration for the care and treatment of veterans of 22 World War I or World War II or those who served during the 23 national emergency between June 25, 1950 and January 31, 24 1955, who are patients or residents in the State 25 institutions, clinics, rehabilitation centers and services, 26 shall be covered into the State treasury into the Mental 27 Health Fund. Of the money in the United States Veterans' 28 Bureau Fund on the effective date of this amendatory Act of 29 1977, $199,800 shall be transferred to the Quincy Veterans' 30 Home Fund and the balance shall be transferred to the Mental 31 Health Fund. 32 The gross receipts of the Department of Human Services -168- LRB9206615WHmb 1 relating to mental health and developmental disabilities that 2 are obtained for services, commodities, equipment and 3 personnel provided to other agencies and branches of State 4 government, to units of local government, to the government 5 of other states or to the federal government shall be 6 deposited with the State Treasurer for deposit into the 7 Mental Health Fund. 8 The gross receipts of the Department of Human Services 9 relating to mental health and developmental disabilities that 10 are obtained in connection with the retention, receipt, 11 assignment, license, sale or transfer of interests in, rights 12 to, or income from discoveries, inventions, patents, or 13 copyrightable works to governmental, public or private 14 agencies or persons including units, branches, or agencies of 15 local, State, federal and foreign governments shall be 16 deposited with the State Treasurer for deposit into the 17 Mental Health Fund. 18 Remittances from or on behalf of licensed long-term care 19 facilities through Department of Human ServicesPublic Aid20 reimbursement and monies from other funds for Day Training 21 Programs for clients with a developmental disability shall be 22 deposited with the State Treasurer and placed in the Mental 23 Health Fund. 24 (Source: P.A. 88-380; 89-507, eff. 7-1-97.) 25 (30 ILCS 105/6z-24) (from Ch. 127, par. 142z-24) 26 Sec. 6z-24. There is created in the State Treasury the 27 Special Education Medicaid Matching Fund. All monies 28 received from the federal government due to 29 educationally-related services authorized under Section 1903 30 of the Social Security Act, as amended, and for the 31 administrative costs related thereto shall be deposited in 32 the Special Education Medicaid Matching Fund. All monies 33 received from the federal government due to -169- LRB9206615WHmb 1 educationally-related services authorized under Section 2105 2 of the Social Security Act, as amended, shall be deposited in 3 the Special Education Medicaid Matching Fund. 4 The monies in the Special Education Medicaid Matching 5 Fund shall be held subject to appropriation by the General 6 Assembly to the State Board of Education for distribution to 7 school districts, pursuant to an interagency agreement 8 between the Illinois Department of Human ServicesPublic Aid9 and the State Board of Education, for eligible special 10 education children claims under Titles XIX and XXI of the 11 Social Security Act. 12 (Source: P.A. 91-24, eff. 7-1-99; 91-266, eff. 7-23-99.) 13 (30 ILCS 105/6z-30) 14 Sec. 6z-30. University of Illinois Hospital Services 15 Fund. 16 (a) The University of Illinois Hospital Services Fund is 17 created as a special fund in the State Treasury. The 18 following moneys shall be deposited into the Fund: 19 (1) As soon as possible after the beginning of each 20 fiscal year (starting in fiscal year 1995), and in no 21 event later than July 30, the State Comptroller and the 22 State Treasurer shall automatically transfer $44,700,000 23 from the General Revenue Fund to the University of 24 Illinois Hospital Services Fund. 25 (2) All intergovernmental transfer payments to the 26 Illinois Department of Public Aid by the University of 27 Illinois Hospital made pursuant to an intergovernmental 28 agreement under subsection (b) or (c) of Section 5A-3 of 29 the Illinois Human ServicesPublic AidCode. 30 (3) All federal matching funds received by the 31 Illinois Department of Human ServicesPublic Aidas a 32 result of expenditures made by the Illinois Department 33 that are attributable to moneys that were deposited in -170- LRB9206615WHmb 1 the Fund. 2 (b) Moneys in the fund may be used by the Illinois 3 Department of Human ServicesPublic Aid, subject to 4 appropriation, to reimburse the University of Illinois 5 Hospital for hospital services. The fund may also be used to 6 make monthly transfers to the General Revenue Fund as 7 provided in subsection (c). 8 (c) The State Comptroller and State Treasurer shall 9 automatically transfer on the last day of each month except 10 June, beginning August 31, 1994, from the University of 11 Illinois Hospital Services Fund to the General Revenue Fund, 12 an amount determined and certified to the State Comptroller 13 by the Secretary of Human ServicesDirector of Public Aid, 14 equal to the amount by which the balance in the Fund exceeds 15 the amount necessary to ensure timely payments to the 16 University of Illinois Hospital. 17 On June 30, 1995 and each June 30 thereafter, the State 18 Comptroller and State Treasurer shall automatically transfer 19 the entire balance in the University of Illinois Hospital 20 Services Fund to the General Revenue Fund. 21 (Source: P.A. 88-554, eff. 7-26-94; 89-499, eff. 6-28-96.) 22 (30 ILCS 105/6z-40) 23 Sec. 6z-40. Provider Inquiry Trust Fund. The Provider 24 Inquiry Trust Fund is created as a special fund in the State 25 treasury. Payments into the fund shall consist of fees or 26 other moneys owed by providers of services or their agents, 27 including other State agencies, for access to and utilization 28 of Illinois Department of Human ServicesPublic Aid29 eligibility files to verify eligibility of clients, bills for 30 services, or other similar, related uses. Disbursements from 31 the fund shall consist of payments to the Department of 32 Central Management Services for telecommunication and 33 statistical services and for payments for administrative -171- LRB9206615WHmb 1 expenses incurred by the Illinois Department of Human 2 ServicesPublic Aidin the operation of the fund. 3 (Source: P.A. 89-21, eff. 7-1-95.) 4 (30 ILCS 105/13.2) (from Ch. 127, par. 149.2) 5 Sec. 13.2. Transfers among line item appropriations. 6 (a) Transfers among line item appropriations from the 7 same treasury fund for the objects specified in this Section 8 may be made in the manner provided in this Section when the 9 balance remaining in one or more such line item 10 appropriations is insufficient for the purpose for which the 11 appropriation was made. 12 No transfers may be made from one agency to another 13 agency, nor may transfers be made from one institution of 14 higher education to another institution of higher education. 15 Transfers may be made only among the objects of expenditure 16 enumerated in this Section, except that no funds may be 17 transferred from any appropriation for personal services, 18 from any appropriation for State contributions to the State 19 Employees' Retirement System, from any separate appropriation 20 for employee retirement contributions paid by the employer, 21 nor from any appropriation for State contribution for 22 employee group insurance. Further, if an agency receives a 23 separate appropriation for employee retirement contributions 24 paid by the employer, any transfer by that agency into an 25 appropriation for personal services must be accompanied by a 26 corresponding transfer into the appropriation for employee 27 retirement contributions paid by the employer, in an amount 28 sufficient to meet the employer share of the employee 29 contributions required to be remitted to the retirement 30 system. 31 (b) In addition to the general transfer authority 32 provided under subsection (c), the following agencies have 33 the specific transfer authority granted in this subsection: -172- LRB9206615WHmb 1 The Illinois Department of Human ServicesPublic Aidis 2 authorized to make transfers representing savings 3 attributable to not increasing grants due to the births of 4 additional children from line items for payments of cash 5 grants to line items for payments for employment and social 6 services for the purposes outlined in subsection (f) of 7 Section 4-2 of the Illinois Public Aid Code. 8 The Department of Children and Family Services is 9 authorized to make transfers not exceeding 2% of the 10 aggregate amount appropriated to it within the same treasury 11 fund for the following line items among these same line 12 items: Foster Home and Specialized Foster Care and 13 Prevention, Institutions and Group Homes and Prevention, and 14 Purchase of Adoption and Guardianship Services. 15 The Department on Aging is authorized to make transfers 16 not exceeding 2% of the aggregate amount appropriated to it 17 within the same treasury fund for the following Community 18 Care Program line items among these same line items: 19 Homemaker and Senior Companion Services, Case Coordination 20 Units, and Adult Day Care Services. 21 (c) The sum of such transfers for an agency in a fiscal 22 year shall not exceed 2% of the aggregate amount appropriated 23 to it within the same treasury fund for the following 24 objects: Personal Services; Extra Help; Student and Inmate 25 Compensation; State Contributions to Retirement Systems; 26 State Contributions to Social Security; State Contribution 27 for Employee Group Insurance; Contractual Services; Travel; 28 Commodities; Printing; Equipment; Electronic Data Processing; 29 Operation of Automotive Equipment; Telecommunications 30 Services; Travel and Allowance for Committed, Paroled and 31 Discharged Prisoners; Library Books; Federal Matching Grants 32 for Student Loans; Refunds; Workers' Compensation, 33 Occupational Disease, and Tort Claims; and, in appropriations 34 to institutions of higher education, Awards and Grants. -173- LRB9206615WHmb 1 Notwithstanding the above, any amounts appropriated for 2 payment of workers' compensation claims to an agency to which 3 the authority to evaluate, administer and pay such claims has 4 been delegated by the Department of Central Management 5 Services may be transferred to any other expenditure object 6 where such amounts exceed the amount necessary for the 7 payment of such claims. 8 (d) Transfers among appropriations made to agencies of 9 the Legislative and Judicial departments and to the 10 constitutionally elected officers in the Executive branch 11 require the approval of the officer authorized in Section 10 12 of this Act to approve and certify vouchers. Transfers among 13 appropriations made to the University of Illinois, Southern 14 Illinois University, Chicago State University, Eastern 15 Illinois University, Governors State University, Illinois 16 State University, Northeastern Illinois University, Northern 17 Illinois University, Western Illinois University, the 18 Illinois Mathematics and Science Academy and the Board of 19 Higher Education require the approval of the Board of Higher 20 Education and the Governor. Transfers among appropriations 21 to all other agencies require the approval of the Governor. 22 The officer responsible for approval shall certify that 23 the transfer is necessary to carry out the programs and 24 purposes for which the appropriations were made by the 25 General Assembly and shall transmit to the State Comptroller 26 a certified copy of the approval which shall set forth the 27 specific amounts transferred so that the Comptroller may 28 change his records accordingly. The Comptroller shall 29 furnish the Governor with information copies of all transfers 30 approved for agencies of the Legislative and Judicial 31 departments and transfers approved by the constitutionally 32 elected officials of the Executive branch other than the 33 Governor, showing the amounts transferred and indicating the 34 dates such changes were entered on the Comptroller's records. -174- LRB9206615WHmb 1 (Source: P.A. 89-4, eff. 1-1-96; 89-641, eff. 8-9-96; 90-587, 2 eff. 7-1-98.) 3 (30 ILCS 105/25) (from Ch. 127, par. 161) 4 Sec. 25. Fiscal year limitations. 5 (a) All appropriations shall be available for 6 expenditure for the fiscal year or for a lesser period if the 7 Act making that appropriation so specifies. A deficiency or 8 emergency appropriation shall be available for expenditure 9 only through June 30 of the year when the Act making that 10 appropriation is enacted unless that Act otherwise provides. 11 (b) Outstanding liabilities as of June 30, payable from 12 appropriations which have otherwise expired, may be paid out 13 of the expiring appropriations during the 2-month period 14 ending at the close of business on August 31. Any service 15 involving professional or artistic skills or any personal 16 services by an employee whose compensation is subject to 17 income tax withholding must be performed as of June 30 of the 18 fiscal year in order to be considered an "outstanding 19 liability as of June 30" that is thereby eligible for payment 20 out of the expiring appropriation. 21 However, payment of tuition reimbursement claims under 22 Section 14-7.03 or 18-3 of the School Code may be made by the 23 State Board of Education from its appropriations for those 24 respective purposes for any fiscal year, even though the 25 claims reimbursed by the payment may be claims attributable 26 to a prior fiscal year, and payments may be made at the 27 direction of the State Superintendent of Education from the 28 fund from which the appropriation is made without regard to 29 any fiscal year limitations. 30 Medical payments may be made by the Department of 31 Veterans' Affairs from its appropriations for those purposes 32 for any fiscal year, without regard to the fact that the 33 medical services being compensated for by such payment may -175- LRB9206615WHmb 1 have been rendered in a prior fiscal year. 2 Medical payments may be made by the Department of Human 3 ServicesPublic Aidand child care payments may be made by 4 the Department of Human Services (as successor to the 5 Department of Public Aid) from appropriations for those 6 purposes for any fiscal year, without regard to the fact that 7 the medical or child care services being compensated for by 8 such payment may have been rendered in a prior fiscal year; 9 and payments may be made at the direction of the Department 10 of Central Management Services from the Health Insurance 11 Reserve Fund and the Local Government Health Insurance 12 Reserve Fund without regard to any fiscal year limitations. 13 Additionally, payments may be made by the Department of 14 Human Services from its appropriations, or any other State 15 agency from its appropriations with the approval of the 16 Department of Human Services, from the Immigration Reform and 17 Control Fund for purposes authorized pursuant to the 18 Immigration Reform and Control Act of 1986, without regard to 19 any fiscal year limitations. 20 (c) Further, payments may be made by the Department of 21 Public Health and the Department of Human Services (acting as 22 successor to the Department of Public Health under the 23 Department of Human Services Act) from their respective 24 appropriations for grants for medical care to or on behalf of 25 persons suffering from chronic renal disease, persons 26 suffering from hemophilia, rape victims, and premature and 27 high-mortality risk infants and their mothers and for grants 28 for supplemental food supplies provided under the United 29 States Department of Agriculture Women, Infants and Children 30 Nutrition Program, for any fiscal year without regard to the 31 fact that the services being compensated for by such payment 32 may have been rendered in a prior fiscal year. 33 (d) The Department of Public Health and the Department 34 of Human Services (acting as successor to the Department of -176- LRB9206615WHmb 1 Public Health under the Department of Human Services Act) 2 shall each annually submit to the State Comptroller, Senate 3 President, Senate Minority Leader, Speaker of the House, 4 House Minority Leader, and the respective Chairmen and 5 Minority Spokesmen of the Appropriations Committees of the 6 Senate and the House, on or before December 31, a report of 7 fiscal year funds used to pay for services provided in any 8 prior fiscal year. This report shall document by program or 9 service category those expenditures from the most recently 10 completed fiscal year used to pay for services provided in 11 prior fiscal years. 12 (e) The Department ofPublic Aid and the Department of13 Human Services (acting as successor to the Department of 14 Public Aid) shalleachannually submit to the State 15 Comptroller, Senate President, Senate Minority Leader, 16 Speaker of the House, House Minority Leader, the respective 17 Chairmen and Minority Spokesmen of the Appropriations 18 Committees of the Senate and the House, on or before November 19 30, a report that shall document by program or service 20 category those expenditures from the most recently completed 21 fiscal year used to pay for (i) services provided in prior 22 fiscal years and (ii) services for which claims were received 23 in prior fiscal years. 24 (f) The Department of Human Services (as successor to 25 the Department of Public Aid) shall annually submit to the 26 State Comptroller, Senate President, Senate Minority Leader, 27 Speaker of the House, House Minority Leader, and the 28 respective Chairmen and Minority Spokesmen of the 29 Appropriations Committees of the Senate and the House, on or 30 before December 31, a report of fiscal year funds used to pay 31 for services (other than medical care) provided in any prior 32 fiscal year. This report shall document by program or 33 service category those expenditures from the most recently 34 completed fiscal year used to pay for services provided in -177- LRB9206615WHmb 1 prior fiscal years. 2 (g) In addition, each annual report required to be 3 submitted by the Department of Human ServicesPublic Aid4 under subsection (e) shall include the following information 5 with respect to the State's Medicaid program: 6 (1) Explanations of the exact causes of the 7 variance between the previous year's estimated and actual 8 liabilities. 9 (2) Factors affecting the liabilities of the 10 Department of Human ServicesPublic Aid's liabilities, 11 including but not limited to numbers of aid recipients, 12 levels of medical service utilization by aid recipients, 13 and inflation in the cost of medical services. 14 (3) The results of the Department's efforts to 15 combat fraud and abuse. 16 (h) As provided in Section 4 of the General Assembly 17 Compensation Act, any utility bill for service provided to a 18 General Assembly member's district office for a period 19 including portions of 2 consecutive fiscal years may be paid 20 from funds appropriated for such expenditure in either fiscal 21 year. 22 (i) An agency which administers a fund classified by the 23 Comptroller as an internal service fund may issue rules for: 24 (1) billing user agencies in advance based on 25 estimated charges for goods or services; 26 (2) issuing credits during the subsequent fiscal 27 year for all user agency payments received during the 28 prior fiscal year which were in excess of the final 29 amounts owed by the user agency for that period; and 30 (3) issuing catch-up billings to user agencies 31 during the subsequent fiscal year for amounts remaining 32 due when payments received from the user agency during 33 the prior fiscal year were less than the total amount 34 owed for that period. -178- LRB9206615WHmb 1 User agencies are authorized to reimburse internal service 2 funds for catch-up billings by vouchers drawn against their 3 respective appropriations for the fiscal year in which the 4 catch-up billing was issued. 5 (Source: P.A. 89-235, eff. 8-4-95; 89-507, eff. 7-1-97; 6 89-511, eff. 1-1-97; 90-14, eff. 7-1-97; 90-168, eff. 7 7-23-97.) 8 Section 155. The State Employee Industrial Commission 9 Awards Act is amended by changing Section 5 as follows: 10 (30 ILCS 260/5) (from Ch. 127, par. 181a) 11 Sec. 5. Federal funds for compensation of certain State 12 employees. The State Treasurer, ex officio, may receive from 13 theState Department of Public Aid and theDepartment of 14 Human Services (as successor to the Department of Public Aid) 15 any moneys which theeitherDepartment has received or shall 16 receive from the federal government for the payment of 17 compensation awards for injuries or death suffered by any 18 person during the course of his or her employment by the 19State Department of Public Aid orthe County Department of 20 Public Aid or the Department of Human Services (as successor 21 to the Illinois Department of Public Aid) or upon any project 22 entered into between theState Department of Public Aid or23theDepartment of Human Services (as successor to the 24 Illinois Department of Public Aid) and any other department 25 or agency of the State. Such moneys, or any part thereof may 26 be paid over from time to time by the Department, to be held 27 in trust by the Treasurer, ex officio, and disbursed by the 28 Treasurer to the beneficiaries as directed by the Department. 29 (Source: P.A. 89-507, eff. 7-1-97.) 30 Section 160. The Human Services Provider Bond Reserve 31 Payment Act is amended by changing Section 10 as follows: -179- LRB9206615WHmb 1 (30 ILCS 435/10) 2 Sec. 10. Definitions. For the purposes of this Act: 3 (a) "Service provider" means any nongovernmental entity, 4 either for-profit or not-for-profit, that enters into a 5 contract with a State agency under which the entity is paid 6 or reimbursed by the State for providing human services to 7 persons in Illinois. 8 (b) "State agency" means theDepartment of Public Aid,9theDepartment of Public Health, the Department of Children 10 and Family Services, the Department of Human Services, and 11 any other department or agency of State government that 12 enters into contracts with service providers under which the 13 provider is paid or reimbursed by the State for providing 14 human services to persons in Illinois. 15 (c) "Covered bond issue" means revenue bonds (i) that 16 are issued by any agency of State or local government within 17 this State, including without limitation bonds issued by the 18 Illinois Development Finance Authority, (ii) that are to be 19 directly or indirectly paid, in whole or in part, from 20 payments due to a service provider under a human services 21 contract with a State agency, and (iii) for which a debt 22 service reserve or other reserve fund has been established, 23 under the control of a named trustee, that the service 24 provider is required to replenish in the event that moneys 25 from the reserve fund are used to make payments of principal 26 or interest on the bonds. 27 (Source: P.A. 88-117; 89-507, eff. 7-1-97.) 28 Section 165. The Illinois Procurement Code is amended by 29 changing Section 50-13 as follows: 30 (30 ILCS 500/50-13) 31 Sec. 50-13. Conflicts of interest. 32 (a) Prohibition. It is unlawful for any person holding -180- LRB9206615WHmb 1 an elective office in this State, holding a seat in the 2 General Assembly, or appointed to or employed in any of the 3 offices or agencies of State government and who receives 4 compensation for such employment in excess of 60% of the 5 salary of the Governor of the State of Illinois, or who is an 6 officer or employee of the Capital Development Board or the 7 Illinois Toll Highway Authority, or who is the spouse or 8 minor child of any such person to have or acquire any 9 contract, or any direct pecuniary interest in any contract 10 therein, whether for stationery, printing, paper, or any 11 services, materials, or supplies, that will be wholly or 12 partially satisfied by the payment of funds appropriated by 13 the General Assembly of the State of Illinois or in any 14 contract of the Capital Development Board or the Illinois 15 Toll Highway Authority. 16 (b) Interests. It is unlawful for any firm, 17 partnership, association, or corporation, in which any person 18 listed in subsection (a) is entitled to receive (i) more than 19 7 1/2% of the total distributable income or (ii) an amount in 20 excess of the salary of the Governor, to have or acquire any 21 such contract or direct pecuniary interest therein. 22 (c) Combined interests. It is unlawful for any firm, 23 partnership, association, or corporation, in which any person 24 listed in subsection (a) together with his or her spouse or 25 minor children is entitled to receive (i) more than 15%, in 26 the aggregate, of the total distributable income or (ii) an 27 amount in excess of 2 times the salary of the Governor, to 28 have or acquire any such contract or direct pecuniary 29 interest therein. 30 (d) Securities. Nothing in this Section invalidates the 31 provisions of any bond or other security previously offered 32 or to be offered for sale or sold by or for the State of 33 Illinois. 34 (e) Prior interests. This Section does not affect the -181- LRB9206615WHmb 1 validity of any contract made between the State and an 2 officer or employee of the State or member of the General 3 Assembly, his or her spouse, minor child or any combination 4 of those persons if that contract was in existence before his 5 or her election or employment as an officer, member, or 6 employee. The contract is voidable, however, if it cannot be 7 completed within 365 days after the officer, member, or 8 employee takes office or is employed. 9 (f) Exceptions. 10 (1) Public aid payments. This Section does not 11 apply to payments made for a public aid recipient. 12 (2) Teaching. This Section does not apply to a 13 contract for personal services as a teacher or school 14 administrator between a member of the General Assembly or 15 his or her spouse, or a State officer or employee or his 16 or her spouse, and any school district, public community 17 college district, the University of Illinois, Southern 18 Illinois University, Illinois State University, Eastern 19 Illinois University, Northern Illinois University, 20 Western Illinois University, Chicago State University, 21 Governor State University, or Northeastern Illinois 22 University. 23 (3) Ministerial duties. This Section does not 24 apply to a contract for personal services of a wholly 25 ministerial character, including but not limited to 26 services as a laborer, clerk, typist, stenographer, page, 27 bookkeeper, receptionist, or telephone switchboard 28 operator, made by a spouse or minor child of an elective 29 or appointive State officer or employee or of a member of 30 the General Assembly. 31 (4) Child and family services. This Section does 32 not apply to payments made to a member of the General 33 Assembly, a State officer or employee, his or her spouse 34 or minor child acting as a foster parent, homemaker, -182- LRB9206615WHmb 1 advocate, or volunteer for or in behalf of a child or 2 family served by the Department of Children and Family 3 Services. 4 (5) Licensed professionals. Contracts with licensed 5 professionals, provided they are competitively bid or 6 part of a reimbursement program for specific, customary 7 goods and services through the Department of Children and 8 Family Services, the Department of Human Services, the 9Department of Public Aid, theDepartment of Public 10 Health, or the Department on Aging. 11 (g) Penalty. A person convicted of a violation of this 12 Section is guilty of a business offense and shall be fined 13 not less than $1,000 nor more than $5,000. 14 (Source: P.A. 90-572, eff. 2-6-98.) 15 Section 170. The Excellence in Academic Medicine Act is 16 amended by changing Sections 65 and 74 as follows: 17 (30 ILCS 775/65) 18 Sec. 65. Reporting requirements. On May 1 of each year, 19 the chief executive officer of each Qualified Academic 20 Medical Center Hospital shall submit a report to the 21 Comptroller regarding the effects of the programs authorized 22 by this Act. The report shall also report the total amount 23 of grants from and contracts with the National Institutes of 24 Health in the preceding calendar year. It shall assess 25 whether the programs funded are likely to be successful, 26 require further study, or no longer appear to be promising 27 avenues of research. It shall discuss the probable use of 28 the developmental program in mainstream medicine including 29 both cost impact and medical effect. The report shall address 30 the effects the programs may have on containing Title XIX 31 costs in Illinois. The Comptroller shall immediately forward 32 the report to the Secretary of Human ServicesDirector of-183- LRB9206615WHmb 1Public Aidand the Director of Public Health who shall 2 evaluate the contents in a letter submitted to the President 3 of the Senate and the Speaker of the House of 4 Representatives. 5 (Source: P.A. 89-506, eff. 7-3-96.) 6 (30 ILCS 775/74) 7 Sec. 74. Reimbursement methodology. The Department of 8 Human ServicesPublic Aidmay develop a reimbursement 9 methodology consistent with this Act for distribution of 10 moneys from the funds in a manner that would allow 11 distributions from these funds to be matchable under Title 12 XIX of the Social Security Act. The Department may 13 promulgate rules necessary to make these distributions 14 matchable. 15 (Source: P.A. 89-506, eff. 7-3-96.) 16 Section 175. The Illinois Income Tax Act is amended by 17 changing Sections 901 and 917 as follows: 18 (35 ILCS 5/901) (from Ch. 120, par. 9-901) 19 Sec. 901. Collection Authority. 20 (a) In general. 21 The Department shall collect the taxes imposed by this 22 Act. The Department shall collect certified past due child 23 support amounts under Section 2505-650 of the Department of 24 Revenue Law (20 ILCS 2505/2505-650). Except as provided in 25 subsections (c) and (e) of this Section, money collected 26 pursuant to subsections (a) and (b) of Section 201 of this 27 Act shall be paid into the General Revenue Fund in the State 28 treasury; money collected pursuant to subsections (c) and (d) 29 of Section 201 of this Act shall be paid into the Personal 30 Property Tax Replacement Fund, a special fund in the State 31 Treasury; and money collected under Section 2505-650 of the -184- LRB9206615WHmb 1 Department of Revenue Law (20 ILCS 2505/2505-650) shall be 2 paid into the Child Support Enforcement Trust Fund, a special 3 fund outside the State Treasury, or to the State Disbursement 4 Unit established under Section 10-26 of the Illinois Public 5 Aid Code, as directed by the Department of Human Services 6Public Aid. 7 (b) Local Governmental Distributive Fund. 8 Beginning August 1, 1969, and continuing through June 30, 9 1994, the Treasurer shall transfer each month from the 10 General Revenue Fund to a special fund in the State treasury, 11 to be known as the "Local Government Distributive Fund", an 12 amount equal to 1/12 of the net revenue realized from the tax 13 imposed by subsections (a) and (b) of Section 201 of this Act 14 during the preceding month. Beginning July 1, 1994, and 15 continuing through June 30, 1995, the Treasurer shall 16 transfer each month from the General Revenue Fund to the 17 Local Government Distributive Fund an amount equal to 1/11 of 18 the net revenue realized from the tax imposed by subsections 19 (a) and (b) of Section 201 of this Act during the preceding 20 month. Beginning July 1, 1995, the Treasurer shall transfer 21 each month from the General Revenue Fund to the Local 22 Government Distributive Fund an amount equal to 1/10 of the 23 net revenue realized from the tax imposed by subsections (a) 24 and (b) of Section 201 of the Illinois Income Tax Act during 25 the preceding month. Net revenue realized for a month shall 26 be defined as the revenue from the tax imposed by subsections 27 (a) and (b) of Section 201 of this Act which is deposited in 28 the General Revenue Fund, the Educational Assistance Fund and 29 the Income Tax Surcharge Local Government Distributive Fund 30 during the month minus the amount paid out of the General 31 Revenue Fund in State warrants during that same month as 32 refunds to taxpayers for overpayment of liability under the 33 tax imposed by subsections (a) and (b) of Section 201 of this 34 Act. -185- LRB9206615WHmb 1 (c) Deposits Into Income Tax Refund Fund. 2 (1) Beginning on January 1, 1989 and thereafter, 3 the Department shall deposit a percentage of the amounts 4 collected pursuant to subsections (a) and (b)(1), (2), 5 and (3), of Section 201 of this Act into a fund in the 6 State treasury known as the Income Tax Refund Fund. The 7 Department shall deposit 6% of such amounts during the 8 period beginning January 1, 1989 and ending on June 30, 9 1989. Beginning with State fiscal year 1990 and for each 10 fiscal year thereafter, the percentage deposited into the 11 Income Tax Refund Fund during a fiscal year shall be the 12 Annual Percentage. For fiscal years 1999 through 2001, 13 the Annual Percentage shall be 7.1%. For all other 14 fiscal years, the Annual Percentage shall be calculated 15 as a fraction, the numerator of which shall be the amount 16 of refunds approved for payment by the Department during 17 the preceding fiscal year as a result of overpayment of 18 tax liability under subsections (a) and (b)(1), (2), and 19 (3) of Section 201 of this Act plus the amount of such 20 refunds remaining approved but unpaid at the end of the 21 preceding fiscal year, the denominator of which shall be 22 the amounts which will be collected pursuant to 23 subsections (a) and (b)(1), (2), and (3) of Section 201 24 of this Act during the preceding fiscal year. The 25 Director of Revenue shall certify the Annual Percentage 26 to the Comptroller on the last business day of the fiscal 27 year immediately preceding the fiscal year for which it 28 is to be effective. 29 (2) Beginning on January 1, 1989 and thereafter, 30 the Department shall deposit a percentage of the amounts 31 collected pursuant to subsections (a) and (b)(6), (7), 32 and (8), (c) and (d) of Section 201 of this Act into a 33 fund in the State treasury known as the Income Tax Refund 34 Fund. The Department shall deposit 18% of such amounts -186- LRB9206615WHmb 1 during the period beginning January 1, 1989 and ending on 2 June 30, 1989. Beginning with State fiscal year 1990 and 3 for each fiscal year thereafter, the percentage deposited 4 into the Income Tax Refund Fund during a fiscal year 5 shall be the Annual Percentage. For fiscal years 1999, 6 2000, and 2001, the Annual Percentage shall be 19%. For 7 all other fiscal years, the Annual Percentage shall be 8 calculated as a fraction, the numerator of which shall be 9 the amount of refunds approved for payment by the 10 Department during the preceding fiscal year as a result 11 of overpayment of tax liability under subsections (a) and 12 (b)(6), (7), and (8), (c) and (d) of Section 201 of this 13 Act plus the amount of such refunds remaining approved 14 but unpaid at the end of the preceding fiscal year, the 15 denominator of which shall be the amounts which will be 16 collected pursuant to subsections (a) and (b)(6), (7), 17 and (8), (c) and (d) of Section 201 of this Act during 18 the preceding fiscal year. The Director of Revenue shall 19 certify the Annual Percentage to the Comptroller on the 20 last business day of the fiscal year immediately 21 preceding the fiscal year for which it is to be 22 effective. 23 (3) The Comptroller shall order transferred and the 24 Treasurer shall transfer from the Tobacco Settlement 25 Recovery Fund to the Income Tax Refund Fund (i) 26 $35,000,000 in January, 2001, (ii) $35,000,000 in 27 January, 2002, and (iii) $35,000,000 in January, 2003. 28 (d) Expenditures from Income Tax Refund Fund. 29 (1) Beginning January 1, 1989, money in the Income 30 Tax Refund Fund shall be expended exclusively for the 31 purpose of paying refunds resulting from overpayment of 32 tax liability under Section 201 of this Act, for paying 33 rebates under Section 208.1 in the event that the amounts 34 in the Homeowners' Tax Relief Fund are insufficient for -187- LRB9206615WHmb 1 that purpose, and for making transfers pursuant to this 2 subsection (d). 3 (2) The Director shall order payment of refunds 4 resulting from overpayment of tax liability under Section 5 201 of this Act from the Income Tax Refund Fund only to 6 the extent that amounts collected pursuant to Section 201 7 of this Act and transfers pursuant to this subsection (d) 8 and item (3) of subsection (c) have been deposited and 9 retained in the Fund. 10 (3) As soon as possible after the end of each 11 fiscal year, the Director shall order transferred and the 12 State Treasurer and State Comptroller shall transfer from 13 the Income Tax Refund Fund to the Personal Property Tax 14 Replacement Fund an amount, certified by the Director to 15 the Comptroller, equal to the excess of the amount 16 collected pursuant to subsections (c) and (d) of Section 17 201 of this Act deposited into the Income Tax Refund Fund 18 during the fiscal year over the amount of refunds 19 resulting from overpayment of tax liability under 20 subsections (c) and (d) of Section 201 of this Act paid 21 from the Income Tax Refund Fund during the fiscal year. 22 (4) As soon as possible after the end of each 23 fiscal year, the Director shall order transferred and the 24 State Treasurer and State Comptroller shall transfer from 25 the Personal Property Tax Replacement Fund to the Income 26 Tax Refund Fund an amount, certified by the Director to 27 the Comptroller, equal to the excess of the amount of 28 refunds resulting from overpayment of tax liability under 29 subsections (c) and (d) of Section 201 of this Act paid 30 from the Income Tax Refund Fund during the fiscal year 31 over the amount collected pursuant to subsections (c) and 32 (d) of Section 201 of this Act deposited into the Income 33 Tax Refund Fund during the fiscal year. 34 (4.5) As soon as possible after the end of fiscal -188- LRB9206615WHmb 1 year 1999 and of each fiscal year thereafter, the 2 Director shall order transferred and the State Treasurer 3 and State Comptroller shall transfer from the Income Tax 4 Refund Fund to the General Revenue Fund any surplus 5 remaining in the Income Tax Refund Fund as of the end of 6 such fiscal year; excluding for fiscal years 2000, 2001, 7 and 2002 amounts attributable to transfers under item (3) 8 of subsection (c) less refunds resulting from the earned 9 income tax credit. 10 (5) This Act shall constitute an irrevocable and 11 continuing appropriation from the Income Tax Refund Fund 12 for the purpose of paying refunds upon the order of the 13 Director in accordance with the provisions of this 14 Section. 15 (e) Deposits into the Education Assistance Fund and the 16 Income Tax Surcharge Local Government Distributive Fund. 17 On July 1, 1991, and thereafter, of the amounts collected 18 pursuant to subsections (a) and (b) of Section 201 of this 19 Act, minus deposits into the Income Tax Refund Fund, the 20 Department shall deposit 7.3% into the Education Assistance 21 Fund in the State Treasury. Beginning July 1, 1991, and 22 continuing through January 31, 1993, of the amounts collected 23 pursuant to subsections (a) and (b) of Section 201 of the 24 Illinois Income Tax Act, minus deposits into the Income Tax 25 Refund Fund, the Department shall deposit 3.0% into the 26 Income Tax Surcharge Local Government Distributive Fund in 27 the State Treasury. Beginning February 1, 1993 and 28 continuing through June 30, 1993, of the amounts collected 29 pursuant to subsections (a) and (b) of Section 201 of the 30 Illinois Income Tax Act, minus deposits into the Income Tax 31 Refund Fund, the Department shall deposit 4.4% into the 32 Income Tax Surcharge Local Government Distributive Fund in 33 the State Treasury. Beginning July 1, 1993, and continuing 34 through June 30, 1994, of the amounts collected under -189- LRB9206615WHmb 1 subsections (a) and (b) of Section 201 of this Act, minus 2 deposits into the Income Tax Refund Fund, the Department 3 shall deposit 1.475% into the Income Tax Surcharge Local 4 Government Distributive Fund in the State Treasury. 5 (Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98; 6 91-212, eff. 7-20-99; 91-239, eff. 1-1-00; 91-700, eff. 7 5-11-00; 91-704, eff. 7-1-00; 91-712, eff. 7-1-00; revised 8 6-28-00.) 9 (35 ILCS 5/917) (from Ch. 120, par. 9-917) 10 Sec. 917. Confidentiality and information sharing. 11 (a) Confidentiality. Except as provided in this Section, 12 all information received by the Department from returns filed 13 under this Act, or from any investigation conducted under the 14 provisions of this Act, shall be confidential, except for 15 official purposes within the Department or pursuant to 16 official procedures for collection of any State tax or 17 pursuant to an investigation or audit by the Illinois State 18 Scholarship Commission of a delinquent student loan or 19 monetary award or enforcement of any civil or criminal 20 penalty or sanction imposed by this Act or by another statute 21 imposing a State tax, and any person who divulges any such 22 information in any manner, except for such purposes and 23 pursuant to order of the Director or in accordance with a 24 proper judicial order, shall be guilty of a Class A 25 misdemeanor. However, the provisions of this paragraph are 26 not applicable to information furnished to a licensed 27 attorney representing the taxpayer where an appeal or a 28 protest has been filed on behalf of the taxpayer. 29 (b) Public information. Nothing contained in this Act 30 shall prevent the Director from publishing or making 31 available to the public the names and addresses of persons 32 filing returns under this Act, or from publishing or making 33 available reasonable statistics concerning the operation of -190- LRB9206615WHmb 1 the tax wherein the contents of returns are grouped into 2 aggregates in such a way that the information contained in 3 any individual return shall not be disclosed. 4 (c) Governmental agencies. The Director may make 5 available to the Secretary of the Treasury of the United 6 States or his delegate, or the proper officer or his delegate 7 of any other state imposing a tax upon or measured by income, 8 for exclusively official purposes, information received by 9 the Department in the administration of this Act, but such 10 permission shall be granted only if the United States or such 11 other state, as the case may be, grants the Department 12 substantially similar privileges. The Director may exchange 13 information with theIllinois Department of Public Aid and14theDepartment of Human Services (acting as successor to the 15 Department of Public Aid under the Department of Human 16 Services Act) for the purpose of verifying sources and 17 amounts of income and for other purposes directly connected 18 with the administration of this Act and the Illinois Public 19 Aid Code. The Director may exchange information with the 20 Director of the Department of Employment Security for the 21 purpose of verifying sources and amounts of income and for 22 other purposes directly connected with the administration of 23 this Act and Acts administered by the Department of 24 Employment Security. The Director may make available to the 25 Illinois Industrial Commission information regarding 26 employers for the purpose of verifying the insurance coverage 27 required under the Workers' Compensation Act and Workers' 28 Occupational Diseases Act. 29 The Director may make available to any State agency, 30 including the Illinois Supreme Court, which licenses persons 31 to engage in any occupation, information that a person 32 licensed by such agency has failed to file returns under this 33 Act or pay the tax, penalty and interest shown therein, or 34 has failed to pay any final assessment of tax, penalty or -191- LRB9206615WHmb 1 interest due under this Act. The Director may also make 2 available to the Secretary of State information that a 3 corporation which has been issued a certificate of 4 incorporation by the Secretary of State has failed to file 5 returns under this Act or pay the tax, penalty and interest 6 shown therein, or has failed to pay any final assessment of 7 tax, penalty or interest due under this Act. An assessment is 8 final when all proceedings in court for review of such 9 assessment have terminated or the time for the taking thereof 10 has expired without such proceedings being instituted. For 11 taxable years ending on or after December 31, 1987, the 12 Director may make available to the Director or principal 13 officer of any Department of the State of Illinois, 14 information that a person employed by such Department has 15 failed to file returns under this Act or pay the tax, penalty 16 and interest shown therein. For purposes of this paragraph, 17 the word "Department" shall have the same meaning as provided 18 in Section 3 of the State Employees Group Insurance Act of 19 1971. 20 (d) The Director shall make available for public 21 inspection in the Department's principal office and for 22 publication, at cost, administrative decisions issued on or 23 after January 1, 1995. These decisions are to be made 24 available in a manner so that the following taxpayer 25 information is not disclosed: 26 (1) The names, addresses, and identification 27 numbers of the taxpayer, related entities, and employees. 28 (2) At the sole discretion of the Director, trade 29 secrets or other confidential information identified as 30 such by the taxpayer, no later than 30 days after receipt 31 of an administrative decision, by such means as the 32 Department shall provide by rule. 33 The Director shall determine the appropriate extent of 34 the deletions allowed in paragraph (2). In the event the -192- LRB9206615WHmb 1 taxpayer does not submit deletions, the Director shall make 2 only the deletions specified in paragraph (1). 3 The Director shall make available for public inspection 4 and publication an administrative decision within 180 days 5 after the issuance of the administrative decision. The term 6 "administrative decision" has the same meaning as defined in 7 Section 3-101 of Article III of the Code of Civil Procedure. 8 Costs collected under this Section shall be paid into the Tax 9 Compliance and Administration Fund. 10 (e) Nothing contained in this Act shall prevent the 11 Director from divulging information to any person pursuant to 12 a request or authorization made by the taxpayer, by an 13 authorized representative of the taxpayer, or, in the case of 14 information related to a joint return, by the spouse filing 15 the joint return with the taxpayer. 16 (Source: P.A. 89-507, eff. 7-1-97; 90-491, eff. 1-1-98.) 17 Section 180. The Interstate Compact on Adoption Act is 18 amended by changing Sections 5-35 and 5-40 as follows: 19 (45 ILCS 17/5-35) 20 Sec. 5-35. Medical assistance. 21 (a) A child with special needs who resides in this State 22 and who is the subject of an adoption assistance agreement 23 with another state shall be eligible for medical assistance 24 from this State under Article V of the Illinois Public Aid 25 Code upon the filing of agreed documentation obtained from 26 the assistance state and filed with the Illinois Department 27 of Human ServicesPublic Aid. The Department of Children and 28 Family Services shall be required at least annually to 29 establish that the agreement is still in force or has been 30 renewed. 31 (b) If a child (i) is in another state, (ii) is covered 32 by an adoption assistance agreement made by the Illinois -193- LRB9206615WHmb 1 Department of Children and Family Services, and (iii) was 2 eligible for medical assistance under Article V of the 3 Illinois Public Aid Code at the time he or she resided in 4 this State and would continue to be eligible for that 5 assistance if he or she was currently residing in this State, 6 then that child is eligible for medical assistance under 7 Article V of the Illinois Public Aid Code, but only for those 8 medical assistance benefits under Article V that are not 9 provided by the other state. There shall be no payment or 10 reimbursement by this State for services or benefits covered 11 under any insurance or other third party medical contract or 12 arrangement held by the child or the adoptive parents. 13 (c) The submission of any claim for payment or 14 reimbursement for services or benefits pursuant to this 15 Section or the making of any statement in connection 16 therewith, which claim or statement the maker knows or should 17 know to be false, misleading, or fraudulent, shall be 18 punishable as perjury and shall also be subject to a fine not 19 to exceed $10,000 or imprisonment for not to exceed 2 years, 20 or both. 21 (d) The provisions of this Section shall apply only to 22 medical assistance for children under adoption assistance 23 agreements from states that have entered into a compact with 24 this State under which the other state provided medical 25 assistance to children with special needs under adoption 26 assistance agreements made by this State. 27 (e) The Illinois Department of Children and Family 28 Services and the Illinois Department of Human ServicesPublic29Aidmay adopt all rules necessary to implement this Section. 30 (Source: P.A. 90-28, eff. 1-1-98.) 31 (45 ILCS 17/5-40) 32 Sec. 5-40. Federal participation. Consistent with federal 33 law, the Illinois Department of Children and Family Services -194- LRB9206615WHmb 1 and theIllinois Department of Public Aid or theIllinois 2 Department of Human Services, as the successor agency of the 3 Illinois Department of Public Aid, in connection with the 4 administration of this Act and any compact entered into 5 pursuant to this Act, shall include in any state plan made 6 pursuant to the Adoption Assistance and Child Welfare Act of 7 1980 (P.L. 96-272), Titles IV (e) and XIX of the Social 8 Security Act, and any other applicable federal laws the 9 provision of adoption assistance and medical assistance for 10 which the federal government pays some or all of the cost. 11 The Department of Children and Family Services and the 12Illinois Department of Public Aid or theDepartment of Human 13 Services, as the successor agency of the Illinois Department 14 of Public Aid, shall apply for and administer all relevant 15 federal aid in accordance with law. 16 (Source: P.A. 90-28, eff. 1-1-98.) 17 Section 185. The Counties Code is amended by changing 18 Sections 3-5036.5, 4-2002, 4-2002.1, 5-1065, 5-21009, and 19 5-37006 as follows: 20 (55 ILCS 5/3-5036.5) 21 Sec. 3-5036.5. Exchange of information for child support 22 enforcement. 23 (a) The Recorder shall exchange with the Illinois 24 Department of Human ServicesPublic Aidinformation that may 25 be necessary for the enforcement of child support orders 26 entered pursuant to the Illinois Public Aid Code, the 27 Illinois Marriage and Dissolution of Marriage Act, the 28 Non-Support of Spouse and Children Act, the Non-Support 29 Punishment Act, the Revised Uniform Reciprocal Enforcement of 30 Support Act, the Uniform Interstate Family Support Act, or 31 the Illinois Parentage Act of 1984. 32 (b) Notwithstanding any provisions in this Code to the -195- LRB9206615WHmb 1 contrary, the Recorder shall not be liable to any person for 2 any disclosure of information to the Illinois Department of 3 Human ServicesPublic Aidunder subsection (a) or for any 4 other action taken in good faith to comply with the 5 requirements of subsection (a). 6 (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.) 7 (55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002) 8 Sec. 4-2002. State's attorney fees in counties under 9 3,000,000 population. This Section applies only to counties 10 with fewer than 3,000,000 inhabitants. 11 (a) State's attorneys shall be entitled to the following 12 fees, however, the fee requirement of this subsection does 13 not apply to county boards: 14 For each conviction in prosecutions on indictments for 15 first degree murder, second degree murder, involuntary 16 manslaughter, criminal sexual assault, aggravated criminal 17 sexual assault, aggravated criminal sexual abuse, kidnapping, 18 arson and forgery, $30. All other cases punishable by 19 imprisonment in the penitentiary, $30. 20 For each conviction in other cases tried before judges of 21 the circuit court, $15; except that if the conviction is in a 22 case which may be assigned to an associate judge, whether or 23 not it is in fact assigned to an associate judge, the fee 24 shall be $10. 25 For preliminary examinations for each defendant held to 26 bail or recognizance, $10. 27 For each examination of a party bound over to keep the 28 peace, $10. 29 For each defendant held to answer in a circuit court on a 30 charge of paternity, $10. 31 For each trial on a charge of paternity, $30. 32 For each case of appeal taken from his county or from the 33 county to which a change of venue is taken to his county to -196- LRB9206615WHmb 1 the Supreme or Appellate Court when prosecuted or defended by 2 him, $50. 3 For each day actually employed in the trial of a case, 4 $25; in which case the court before whom the case is tried 5 shall make an order specifying the number of days for which a 6 per diem shall be allowed. 7 For each day actually employed in the trial of cases of 8 felony arising in their respective counties and taken by 9 change of venue to another county, $25; and the court before 10 whom the case is tried shall make an order specifying the 11 number of days for which said per diem shall be allowed; and 12 it is hereby made the duty of each State's attorney to 13 prepare and try each case of felony arising when so taken by 14 change of venue. 15 For assisting in a trial of each case on an indictment 16 for felony brought by change of venue to their respective 17 counties, the same fees they would be entitled to if such 18 indictment had been found for an offense committed in his 19 county, and it shall be the duty of the State's attorney of 20 the county to which such cause is taken by change of venue to 21 assist in the trial thereof. 22 For each case of forfeited recognizance where the 23 forfeiture is set aside at the instance of the defense, in 24 addition to the ordinary costs, $10 for each defendant. 25 For each proceeding in a circuit court to inquire into 26 the alleged mental illness of any person, $10 for each 27 defendant. 28 For each proceeding in a circuit court to inquire into 29 the alleged dependency or delinquency of any child, $10. 30 For each day actually employed in the hearing of a case 31 of habeas corpus in which the people are interested, $25. 32 All the foregoing fees shall be taxed as costs to be 33 collected from the defendant, if possible, upon conviction. 34 But in cases of inquiry into the mental illness of any person -197- LRB9206615WHmb 1 alleged to be mentally ill, in cases on a charge of paternity 2 and in cases of appeal in the Supreme or Appellate Court, 3 where judgment is in favor of the accused, the fees allowed 4 the State's attorney therein shall be retained out of the 5 fines and forfeitures collected by them in other cases. 6 Ten per cent of all moneys except revenue, collected by 7 them and paid over to the authorities entitled thereto, which 8 per cent together with the fees provided for herein that are 9 not collected from the parties tried or examined, shall be 10 paid out of any fines and forfeited recognizances collected 11 by them, provided however, that in proceedings to foreclose 12 the lien of delinquent real estate taxes State's attorneys 13 shall receive a fee, to be credited to the earnings of their 14 office, of 10% of the total amount realized from the sale of 15 real estate sold in such proceedings. Such fees shall be 16 paid from the total amount realized from the sale of the real 17 estate sold in such proceedings. 18 State's attorneys shall have a lien for their fees on all 19 judgments for fines or forfeitures procured by them and on 20 moneys except revenue received by them until such fees and 21 earnings are fully paid. 22 No fees shall be charged on more than 10 counts in any 23 one indictment or information on trial and conviction; nor on 24 more than 10 counts against any one defendant on pleas of 25 guilty. 26 The Circuit Court may direct that of all monies received, 27 by restitution or otherwise, which monies are ordered paid to 28 theDepartment of Public Aid or theDepartment of Human 29 Services (acting as successor to the Department of Public Aid 30 under the Department of Human Services Act) as a direct 31 result of the efforts of the State's attorney and which 32 payments arise from Civil or Criminal prosecutions involving 33 the Illinois Public Aid Code or the Criminal Code, the 34 following amounts shall be paid quarterly by theDepartment-198- LRB9206615WHmb 1of Public Aid or theDepartment of Human Services to the 2 General Corporate Fund of the County in which the prosecution 3 or cause of action took place: 4 (1) where the monies result from child support 5 obligations, not more than 25% of the federal share of 6 the monies received, 7 (2) where the monies result from other than child 8 support obligations, not more than 25% of the State's 9 share of the monies received. 10 (b) A municipality shall be entitled to a $10 11 prosecution fee for each conviction for a violation of The 12 Illinois Vehicle Code prosecuted by the municipal attorney 13 pursuant to Section 16-102 of that Code which is tried before 14 a circuit or associate judge and shall be entitled to a $10 15 prosecution fee for each conviction for a violation of a 16 municipal vehicle ordinance or nontraffic ordinance 17 prosecuted by the municipal attorney which is tried before a 18 circuit or associate judge. Such fee shall be taxed as costs 19 to be collected from the defendant, if possible, upon 20 conviction. A municipality shall have a lien for such 21 prosecution fees on all judgments or fines procured by the 22 municipal attorney from prosecutions for violations of The 23 Illinois Vehicle Code and municipal vehicle ordinances or 24 nontraffic ordinances. 25 For the purposes of this subsection (b), "municipal 26 vehicle ordinance" means any ordinance enacted pursuant to 27 Sections 11-40-1, 11-40-2, 11-40-2a and 11-40-3 of the 28 Illinois Municipal Code or any ordinance enacted by a 29 municipality which is similar to a provision of Chapter 11 of 30 The Illinois Vehicle Code. 31 (Source: P.A. 88-572, eff. 8-11-94; 89-507, eff. 7-1-97.) 32 (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1) 33 Sec. 4-2002.1. State's attorney fees in counties of -199- LRB9206615WHmb 1 3,000,000 or more population. This Section applies only to 2 counties with 3,000,000 or more inhabitants. 3 (a) State's attorneys shall be entitled to the following 4 fees: 5 For each conviction in prosecutions on indictments for 6 first degree murder, second degree murder, involuntary 7 manslaughter, criminal sexual assault, aggravated criminal 8 sexual assault, aggravated criminal sexual abuse, kidnapping, 9 arson and forgery, $60. All other cases punishable by 10 imprisonment in the penitentiary, $60. 11 For each conviction in other cases tried before judges of 12 the circuit court, $30; except that if the conviction is in a 13 case which may be assigned to an associate judge, whether or 14 not it is in fact assigned to an associate judge, the fee 15 shall be $20. 16 For preliminary examinations for each defendant held to 17 bail or recognizance, $20. 18 For each examination of a party bound over to keep the 19 peace, $20. 20 For each defendant held to answer in a circuit court on a 21 charge of paternity, $20. 22 For each trial on a charge of paternity, $60. 23 For each case of appeal taken from his county or from the 24 county to which a change of venue is taken to his county to 25 the Supreme or Appellate Court when prosecuted or defended by 26 him, $100. 27 For each day actually employed in the trial of a case, 28 $50; in which case the court before whom the case is tried 29 shall make an order specifying the number of days for which a 30 per diem shall be allowed. 31 For each day actually employed in the trial of cases of 32 felony arising in their respective counties and taken by 33 change of venue to another county, $50; and the court before 34 whom the case is tried shall make an order specifying the -200- LRB9206615WHmb 1 number of days for which said per diem shall be allowed; and 2 it is hereby made the duty of each State's attorney to 3 prepare and try each case of felony arising when so taken by 4 change of venue. 5 For assisting in a trial of each case on an indictment 6 for felony brought by change of venue to their respective 7 counties, the same fees they would be entitled to if such 8 indictment had been found for an offense committed in his 9 county, and it shall be the duty of the State's attorney of 10 the county to which such cause is taken by change of venue to 11 assist in the trial thereof. 12 For each case of forfeited recognizance where the 13 forfeiture is set aside at the instance of the defense, in 14 addition to the ordinary costs, $20 for each defendant. 15 For each proceeding in a circuit court to inquire into 16 the alleged mental illness of any person, $20 for each 17 defendant. 18 For each proceeding in a circuit court to inquire into 19 the alleged dependency or delinquency of any child, $20. 20 For each day actually employed in the hearing of a case 21 of habeas corpus in which the people are interested, $50. 22 All the foregoing fees shall be taxed as costs to be 23 collected from the defendant, if possible, upon conviction. 24 But in cases of inquiry into the mental illness of any person 25 alleged to be mentally ill, in cases on a charge of paternity 26 and in cases of appeal in the Supreme or Appellate Court, 27 where judgment is in favor of the accused, the fees allowed 28 the State's attorney therein shall be retained out of the 29 fines and forfeitures collected by them in other cases. 30 Ten per cent of all moneys except revenue, collected by 31 them and paid over to the authorities entitled thereto, which 32 per cent together with the fees provided for herein that are 33 not collected from the parties tried or examined, shall be 34 paid out of any fines and forfeited recognizances collected -201- LRB9206615WHmb 1 by them, provided however, that in proceedings to foreclose 2 the lien of delinquent real estate taxes State's attorneys 3 shall receive a fee, to be credited to the earnings of their 4 office, of 10% of the total amount realized from the sale of 5 real estate sold in such proceedings. Such fees shall be paid 6 from the total amount realized from the sale of the real 7 estate sold in such proceedings. 8 State's attorneys shall have a lien for their fees on all 9 judgments for fines or forfeitures procured by them and on 10 moneys except revenue received by them until such fees and 11 earnings are fully paid. 12 No fees shall be charged on more than 10 counts in any 13 one indictment or information on trial and conviction; nor on 14 more than 10 counts against any one defendant on pleas of 15 guilty. 16 The Circuit Court may direct that of all monies received, 17 by restitution or otherwise, which monies are ordered paid to 18 theDepartment of Public Aid or theDepartment of Human 19 Services (acting as successor to the Department of Public Aid 20 under the Department of Human Services Act) as a direct 21 result of the efforts of the State's attorney and which 22 payments arise from Civil or Criminal prosecutions involving 23 the Illinois Public Aid Code or the Criminal Code, the 24 following amounts shall be paid quarterly by theDepartment25of Public Aid or theDepartment of Human Services to the 26 General Corporate Fund of the County in which the prosecution 27 or cause of action took place: 28 (1) where the monies result from child support 29 obligations, not less than 25% of the federal share of 30 the monies received, 31 (2) where the monies result from other than child 32 support obligations, not less than 25% of the State's 33 share of the monies received. 34 (b) A municipality shall be entitled to a $10 -202- LRB9206615WHmb 1 prosecution fee for each conviction for a violation of the 2 Illinois Vehicle Code prosecuted by the municipal attorney 3 pursuant to Section 16-102 of that Code which is tried before 4 a circuit or associate judge and shall be entitled to a $10 5 prosecution fee for each conviction for a violation of a 6 municipal vehicle ordinance prosecuted by the municipal 7 attorney which is tried before a circuit or associate judge. 8 Such fee shall be taxed as costs to be collected from the 9 defendant, if possible, upon conviction. A municipality 10 shall have a lien for such prosecution fees on all judgments 11 or fines procured by the municipal attorney from prosecutions 12 for violations of the Illinois Vehicle Code and municipal 13 vehicle ordinances. 14 For the purposes of this subsection (b), "municipal 15 vehicle ordinance" means any ordinance enacted pursuant to 16 Sections 11-40-1, 11-40-2, 11-40-2a and 11-40-3 of the 17 Illinois Municipal Code or any ordinance enacted by a 18 municipality which is similar to a provision of Chapter 11 of 19 the Illinois Vehicle Code. 20 (Source: P.A. 89-507, eff. 7-1-97.) 21 (55 ILCS 5/5-1065) (from Ch. 34, par. 5-1065) 22 Sec. 5-1065. Civil liability for rentals in excess of 23 number permitted by ordinance. 24 (a) The owner of a building located in a county having a 25 population in excess of 100,000 inhabitants who, directly or 26 indirectly, has collected, or caused to be collected, rentals 27 from an occupant of that building during a period in which 28 the number of apartments or family units in that building 29 exceeded the number permitted for that building by an 30 ordinance of the county in which the building is located, is 31 liable to any such occupant in an amount equal to not more 32 than 3 times the amount of any rentals paid by any such 33 occupant, or in his behalf, after January 1, 1970, together -203- LRB9206615WHmb 1 with court costs and reasonable attorney's fees. If the 2 occupant is a recipient of public aid under Article III, IV, 3 or VI of "the Illinois Public Aid Code", as amended, in whose 4 behalf vendor payment of the rental was made by theIllinois5Department of Public Aid, theDepartment of Human Services 6 (acting as successor to the Department of Public Aid under 7 the Department of Human Services Act), or a local 8 governmental unit, as the case may be, the liability as 9 herein provided is to theIllinois Department of Public Aid,10theDepartment of Human Services (acting as successor to the 11 Department of Public Aid under the Department of Human 12 Services Act), or the local governmental unit making the 13 vendor payment of the rental. 14 (b) For the purposes of this Section: 15 (1) "Owner" means the legal or beneficial owner of 16 a building. 17 (2) "Family unit" means a room or group of rooms 18 used or intended to be used as a housekeeping unit for 19 living, sleeping, cooking and eating. The fact that any 20 such family unit is used or intended to be used with 21 cooking or eating accommodations in common with another 22 family unit in any such building does not affect 23 liability hereunder. 24 (c) No liability accrues under this Section until 30 25 days after the owner of record of a building has been 26 notified in writing that such owner is in violation of any 27 such municipal ordinance. Such notice shall be personally 28 served upon such owner of record or sent by registered mail 29 to the last known address of such owner. 30 (Source: P.A. 89-507, eff. 7-1-97.) 31 (55 ILCS 5/5-21009) (from Ch. 34, par. 5-21009) 32 Sec. 5-21009. Purchase of care. Any infirm or chronically 33 ill resident of the county, or resident of participating -204- LRB9206615WHmb 1 counties in the case of a joint home, who desires to purchase 2 care and maintenance in the county home with his own funds or 3 with a public aid grant awarded to him under "The Illinois 4 Public Aid Code" may be received and cared for in the home. 5 Upon authorization of the County Board, or the County 6 Boards in the case of a joint home, infirm or chronically ill 7 residents of other counties who desire to purchase care and 8 maintenance in the home from their own funds or from public 9 aid grants may also be admitted to the home. 10 The Illinois Department of Human ServicesPublic Aid, any 11 local Supervisor of General Assistance, and any other State 12 or local agency may also purchase care in the home for 13 persons under their charge by paying the rates established by 14 the County Board. 15 (Source: P.A. 86-962.) 16 (55 ILCS 5/5-37006) (from Ch. 34, par. 5-37006) 17 Sec. 5-37006. Reimbursement for cost of services. In 18 relation to inpatient hospital services provided at any 19 health care facility maintained by the Commission to any 20 person under the legal custody of the Sheriff of Cook County 21 pending trial the Commission may obtain reimbursement from 22 the confined person to whom the services were provided for 23 the cost of such services to the extent that such person is 24 reasonably able to pay for such care, including reimbursement 25 from any insurance program or from other medical benefit 26 programs available to such person. If such person has 27 already been determined eligible for medical assistance under 28 the Illinois Public Aid Code at the time the person is 29 initially detained pending trial, the cost of such services, 30 to the extent such cost exceeds $2,500, shall be reimbursed 31 by the Department of Human ServicesPublic Aidunder that 32 Act. A reimbursement under any public or private program 33 authorized by this Section shall be paid to the Commission to -205- LRB9206615WHmb 1 the same extent as would obtain had the services been 2 rendered in a non-custodial environment. 3 This Section does not apply to services provided to any 4 person who has been convicted of or has pleaded guilty to an 5 offense and is held in custody pending sentencing or under 6 sentence of the court. 7 (Source: P.A. 86-962.) 8 Section 190. The Illinois Municipal Code is amended by 9 changing Section 11-31.1-12.1 as follows: 10 (65 ILCS 5/11-31.1-12.1) (from Ch. 24, par. 11-31.1-12.1) 11 Sec. 11-31.1-12.1. (a) The owner of a building located in 12 a municipality in a county having a population in excess of 13 100,000 inhabitants who, directly or indirectly, has 14 collected, or caused to be collected, rentals from an 15 occupant of that building during a period in which the number 16 of apartments or family units in that building exceeded the 17 number permitted for that building by an ordinance of the 18 municipality in which the building is located, is liable to 19 any such occupant in an amount equal to not more than 3 times 20 the amount of any rentals paid by any such occupant, or in 21 his behalf, after January 1, 1970, together with court costs 22 and reasonable attorney's fees. If the occupant is a 23 recipient of public aid under Article III, IV, or VI of "the 24 Illinois Public Aid Code", approved April 11, 1967, as 25 amended, in whose behalf vendor payment of the rental was 26 made by theIllinois Department of Public Aid, theDepartment 27 of Human Services (acting as successor to the Department of 28 Public Aid under the Department of Human Services Act), or a 29 local governmental unit, as the case may be, the liability as 30 herein provided is to theIllinois Department of Public Aid,31theDepartment of Human Services (acting as successor to the 32 Department of Public Aid under the Department of Human -206- LRB9206615WHmb 1 Services Act), or the local governmental unit making the 2 vendor payment of the rental. 3 (b) For the purposes of this Section: 4 (1) "Owner" means the legal or beneficial owner of 5 a building. 6 (2) "Family unit" means a room or group of rooms 7 used or intended to be used as a housekeeping unit for 8 living, sleeping, cooking and eating. The fact that any 9 such family unit is used or intended to be used with 10 cooking or eating accommodations in common with another 11 family unit in any such building does not affect 12 liability hereunder. 13 (c) No liability accrues under this Section until 30 14 days after the owner of record of a building has been 15 notified in writing that such owner is in violation of any 16 such municipal ordinance. Such notice shall be personally 17 served upon such owner of record or sent by registered mail 18 to the last known address of such owner. 19 (Source: P.A. 89-507, eff. 7-1-97.) 20 Section 195. The School Code is amended by changing 21 Sections 2-3.79, 14-7.04, 14-15.01, and 30-14.1 as follows: 22 (105 ILCS 5/2-3.79) (from Ch. 122, par. 2-3.79) 23 Sec. 2-3.79. Pilot programs and special education 24 services for preschool children with disabilities from birth 25 to age 3. The State Board of Education may enter into 26 contracts with public or not-for-profit private organizations 27 or agencies to establish model pilot programs which provide 28 services to children with disabilities from birth up to the 29 age of 3 years. Annual grants shall be awarded on a 30 competitive basis pursuant to established criteria provided 31 that there is an annual appropriation for this purpose. 32 Public or not-for-profit private organizations or agencies -207- LRB9206615WHmb 1 that are providing services to children with disabilities up 2 to the age of 3 years prior to September 22, 1985 are 3 eligible to receive grants awarded pursuant to this Section. 4 Each pilot program shall include, but not be limited to: 5 a process for identification of infants with disabilities in 6 the region; community awareness of the project and the 7 services provided; an intervention system; methods to assess 8 and diagnose infants with disabilities; written individual 9 treatment programs that include parental involvement; an 10 interdisciplinary treatment approach to include other 11 agencies and not-for-profit organizations; and a written 12 evaluation submitted to the State Board of Education at the 13 end of the grant period. 14 An Interagency Coordination Council shall be established 15 consisting of a representative of the State Superintendent of 16 Education who shall serve as chairman, and one representative 17 from the following departments appointed by the respective 18 directors or secretary: Children and Family Services, Public 19 Health, Human Services,Public Aid,and the Division of 20 Specialized Care for Children of the University of Illinois. 21 The council shall recommend criteria to the State Board of 22 Education for the awarding of grants pursuant to this Section 23 and shall assist in coordinating the services provided by 24 agencies to the children with disabilities described in this 25 Section. 26 A report containing recommendations concerning all of the 27 pilot programs shall be submitted by the State Board of 28 Education to the General Assembly by January of 1989. The 29 report which shall analyze the results of the pilot programs 30 funded under this Section and make recommendations concerning 31 existing and proposed programs shall include, but not be 32 limited to: recommendations for staff licensure and 33 qualifications; the number of children and families eligible 34 for services statewide; the cost of serving the children and -208- LRB9206615WHmb 1 their families; the types of services to be provided; and 2 designs for the most effective delivery systems of these 3 services. 4 (Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.) 5 (105 ILCS 5/14-7.04) (from Ch. 122, par. 14-7.04) 6 Sec. 14-7.04. Health care reimbursement. 7 (a) Local educational agencies may utilize federally 8 funded health care programs to share in the costs of services 9 which are provided to children requiring special education 10 and related services and which are either listed on an 11 individualized education program established pursuant to the 12 federal Education for All Handicapped Children Act of 1975, 13 Public Law No. 94-142 or are provided under an individualized 14 family service plan established pursuant to the federal 15 Education of the Handicapped Act Amendments of 1986, Public 16 Law No. 99-457. Those federally funded health care programs 17 shall also share in the cost of all screenings and diagnostic 18 evaluations for children suspected of having or known to have 19 a disability. However, all such services shall continue to 20 be initially funded by the local educational agency and shall 21 be provided regardless of subsequent cost sharing with other 22 funding sources. Federally funded health care reimbursement 23 funds are supplemental and shall not be used to reduce any 24 other Federal payments, private payments or State Board of 25 Education funds for special education as provided in Article 26 14 of the School Code for which the local education agency is 27 eligible. 28 Local educational agencies providing early periodic 29 screening and diagnostic testing services on or after August 30 1, 1991, including screening and diagnostic services, health 31 care and treatment, preventive health care, and any other 32 measure to correct or improve health impairments of 33 Medicaid-eligible children, may also access federally funded -209- LRB9206615WHmb 1 health care resources. 2 The State Board of Education and the Department of Human 3 ServicesPublic Aidmay enter into an intergovernmental 4 agreement whereby school districts or their agents may claim 5 medicaid matching funds for medicaid eligible special 6 education children as authorized by Section 1903 of the 7 Social Security Act. Under that intergovernmental agreement, 8 school districts or their agents may also claim federal funds 9 for the services provided to special education students 10 enrolled in the Children's Health Insurance Program. 11 (b) No employee or officer of a school district, special 12 education joint agreement, office of a regional 13 superintendent of schools or the State Board of Education may 14 have a direct or indirect financial interest in any agreement 15 between the entity of which the person is an employee or 16 officer and any corporation, organization or other entity 17 that collects or participates in the collection of payments 18 from private health care benefit plans or federally funded 19 health care programs authorized under this Section. 20 (Source: P.A. 91-24, eff. 7-1-99.) 21 (105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01) 22 Sec. 14-15.01. Community and Residential Services 23 Authority. 24 (a) (1) The Community and Residential Services Authority 25 is hereby created and shall consist of the following members: 26 A representative of the State Board of Education; 27 FourThreerepresentatives of the Department of Human 28 Services; 29 A representative of the Department of Children and Family 30 Services; 31 A representative of the Department of Public Health; 32 A representative of the Department of Corrections; 33A representative of the Department of Public Aid;-210- LRB9206615WHmb 1 A representative of the Attorney General's Disability 2 Rights Advocacy Division; 3 The Chairperson and Minority Spokesperson of the House 4 and Senate Committees on Elementary and Secondary Education 5 or their designees; and 6 Six persons appointed by the Governor. Five of such 7 appointees shall be experienced or knowledgeable relative to 8 provision of services for individuals with a behavior 9 disorder or a severe emotional disturbance and shall include 10 representatives of both the private and public sectors, 11 except that no more than 2 of those 5 appointees may be from 12 the public sector and at least 2 must be or have been 13 directly involved in provision of services to such 14 individuals. The remaining member appointed by the Governor 15 shall be or shall have been a parent of an individual with a 16 behavior disorder or a severe emotional disturbance, and that 17 appointee may be from either the private or the public 18 sector. 19 (2) Members appointed by the Governor shall be appointed 20 for terms of 4 years and shall continue to serve until their 21 respective successors are appointed; provided that the terms 22 of the original appointees shall expire on August 1, 1990, 23 and the term of the additional member appointed under this 24 amendatory Act of 1992 shall commence upon the appointment 25 and expire August 1, 1994. Any vacancy in the office of a 26 member appointed by the Governor shall be filled by 27 appointment of the Governor for the remainder of the term. 28 A vacancy in the office of a member appointed by the 29 Governor exists when one or more of the following events 30 occur: 31 (i) An appointee dies; 32 (ii) An appointee files a written resignation with 33 the Governor; 34 (iii) An appointee ceases to be a legal resident of -211- LRB9206615WHmb 1 the State of Illinois; or 2 (iv) An appointee fails to attend a majority of 3 regularly scheduled Authority meetings in a fiscal year. 4 Members who are representatives of an agency shall serve 5 at the will of the agency head. Membership on the Authority 6 shall cease immediately upon cessation of their affiliation 7 with the agency. If such a vacancy occurs, the appropriate 8 agency head shall appoint another person to represent the 9 agency. 10 If a legislative member of the Authority ceases to be 11 Chairperson or Minority Spokesperson of the designated 12 Committees, they shall automatically be replaced on the 13 Authority by the person who assumes the position of 14 Chairperson or Minority Spokesperson. 15 (b) The Community and Residential Services Authority 16 shall have the following powers and duties: 17 (1) To conduct surveys to determine the extent of 18 need, the degree to which documented need is currently 19 being met and feasible alternatives for matching need 20 with resources. 21 (2) To develop policy statements for interagency 22 cooperation to cover all aspects of service delivery, 23 including laws, regulations and procedures, and clear 24 guidelines for determining responsibility at all times. 25 (3) To recommend policy statements and provide 26 information regarding effective programs for delivery of 27 services to all individuals with a behavior disorder or a 28 severe emotional disturbance in public or private 29 situations. 30 (4) To review the criteria for service eligibility, 31 provision and availability established by the 32 governmental agencies represented on this Authority, and 33 to recommend changes, additions or deletions to such 34 criteria. -212- LRB9206615WHmb 1 (5) To develop and submit to the Governor, the 2 General Assembly, the Directors of the agencies 3 represented on the Authority, and the State Board of 4 Education a master plan for individuals with a behavior 5 disorder or a severe emotional disturbance, including 6 detailed plans of service ranging from the least to the 7 most restrictive options; and to assist local 8 communities, upon request, in developing or strengthening 9 collaborative interagency networks. 10 (6) To develop a process for making determinations 11 in situations where there is a dispute relative to a plan 12 of service for individuals or funding for a plan of 13 service. 14 (7) To provide technical assistance to parents, 15 service consumers, providers, and member agency personnel 16 regarding statutory responsibilities of human service and 17 educational agencies, and to provide such assistance as 18 deemed necessary to appropriately access needed services. 19 (c) (1) The members of the Authority shall receive no 20 compensation for their services but shall be entitled to 21 reimbursement of reasonable expenses incurred while 22 performing their duties. 23 (2) The Authority may appoint special study groups to 24 operate under the direction of the Authority and persons 25 appointed to such groups shall receive only reimbursement of 26 reasonable expenses incurred in the performance of their 27 duties. 28 (3) The Authority shall elect from its membership a 29 chairperson, vice-chairperson and secretary. 30 (4) The Authority may employ and fix the compensation of 31 such employees and technical assistants as it deems necessary 32 to carry out its powers and duties under this Act. Staff 33 assistance for the Authority shall be provided by the State 34 Board of Education. -213- LRB9206615WHmb 1 (5) Funds for the ordinary and contingent expenses of 2 the Authority shall be appropriated to the State Board of 3 Education in a separate line item. 4 (d) (1) The Authority shall have power to promulgate 5 rules and regulations to carry out its powers and duties 6 under this Act. 7 (2) The Authority may accept monetary gifts or grants 8 from the federal government or any agency thereof, from any 9 charitable foundation or professional association or from any 10 other reputable source for implementation of any program 11 necessary or desirable to the carrying out of the general 12 purposes of the Authority. Such gifts and grants may be held 13 in trust by the Authority and expended in the exercise of its 14 powers and performance of its duties as prescribed by law. 15 (3) The Authority shall submit an annual report of its 16 activities and expenditures to the Governor, the General 17 Assembly, the directors of agencies represented on the 18 Authority, and the State Superintendent of Education. 19 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97; 20 90-566, eff. 1-2-98.) 21 (105 ILCS 5/30-14.1) (from Ch. 122, par. 30-14.1) 22 Sec. 30-14.1. Scholarships for needy students in families 23 receiving public assistance- Number-Selection-Privileges. 24 The State Department of Human ServicesPublic Aidmay 25 grant annually not in excess of 12 scholarships to needy 26 children receiving assistance, as provided in Section 4-3 of 27 the "Illinois Public Aid Code", approved April 11, 1967, as 28 amended. 29 The scholarship shall entitle the student to 4 30 consecutive years of study, or an accelerated equivalent 31 thereof, at a university supported by this State, subject to 32 earlier termination as provided in this Section. If for 33 reasons beyond the control of the student a temporary -214- LRB9206615WHmb 1 interruption occurs in such consecutive years of study, the 2 scholarship shall not thereby be lost to the holder. 3 The State Department shall establish rules for the 4 selection of nominees for such scholarships which shall 5 include recommendations from the principal, members of the 6 faculty, or both, of the high school or high schools in which 7 the nominee received his instruction. The State Department 8 may provide for personal consultation with the student and 9 for the submission of any student to a written or oral 10 examination designed to determine his capacity for and 11 interest in higher education. The names and addresses of the 12 nominees shall be filed by the State Department with the 13 president of the university at which the scholarship is to be 14 effective at least 30 days prior to the opening day of the 15 semester or term with which the scholarship is to commence. 16 The university designated by the State Department in such 17 scholarship shall honor the same without imposing eligibility 18 or qualifying conditions for entrance beyond those specified 19 in Section 4-3 of the "Illinois Public Aid Code", approved 20 April 11, 1967, as amended. If, after admission, the student 21 fails to achieve and maintain the grade standards of the 22 University and as a result is placed on academic probation or 23 denied further admission, or is dismissed from the University 24 for disciplinary reasons, or, without good cause, voluntarily 25 withdraws from the University, the scholarship shall 26 thereupon terminate. 27 Scholarships granted under this Section shall carry the 28 same exemptions from tuition and other fees and subject the 29 holders thereof to the same conditions specified for 30 scholarships under Section 30-13 of this Article. 31 After 1971 all scholarships under this Section are 32 abolished. However, the rights of holders of scholarships 33 issued prior to such date shall not be affected thereby. 34 (Source: P.A. 77-1311.) -215- LRB9206615WHmb 1 Section 197. The Adult Education Reporting Act is 2 amended by changing Section 1 as follows: 3 (105 ILCS 410/1) (from Ch. 122, par. 1851) 4 Sec. 1. As used in this Act, "agency" means: the 5 Departments of Corrections,Public Aid,Commerce and 6 Community Affairs, Human Services, and Public Health; the 7 Secretary of State; the Illinois Community College Board; and 8 the Administrative Office of the Illinois Courts. On and 9 after July 1, 2001, "agency" includes the State Board of 10 Education and does not include the Illinois Community College 11 Board. 12 (Source: P.A. 91-830, eff. 7-1-00.) 13 Section 200. The Illinois Banking Act is amended by 14 changing Section 48.4 as follows: 15 (205 ILCS 5/48.4) 16 Sec. 48.4. Administrative liens for past-due child 17 support. Any bank governed by this Act shall encumber or 18 surrender accounts or assets held by the bank on behalf of 19 any responsible relative who is subject to a child support 20 lien, upon notice of the lien or levy of the Illinois 21 Department of Human ServicesPublic Aidor its successor 22 agency pursuant to Section 10-25.5 of the Illinois Public Aid 23 Code, or upon notice of interstate lien from any other 24 state's agency responsible for implementing the child support 25 enforcement program set forth in Title IV, Part D of the 26 Social Security Act. 27 (Source: P.A. 90-18, eff. 7-1-97; 90-655, eff. 7-30-98.) 28 Section 205. The Illinois Savings and Loan Act of 1985 29 is amended by changing 1-6d as follows: -216- LRB9206615WHmb 1 (205 ILCS 105/1-6d) 2 Sec. 1-6d. Administrative liens for past-due child 3 support. Any association governed by this Act shall encumber 4 or surrender accounts or assets held by the association on 5 behalf of any responsible relative who is subject to a child 6 support lien, upon notice of the lien or levy of the Illinois 7 Department of Human ServicesPublic Aidor its successor 8 agency pursuant to Section 10-25.5 of the Illinois Public Aid 9 Code, or upon notice of interstate lien from any other 10 state's agency responsible for implementing the child support 11 enforcement program set forth in Title IV, Part D of the 12 Social Security Act. 13 (Source: P.A. 90-18, eff. 7-1-97.) 14 Section 210. The Savings Bank Act is amended by changing 15 Section 7007 as follows: 16 (205 ILCS 205/7007) 17 Sec. 7007. Administrative liens for past-due child 18 support. Any savings bank governed by this Act shall 19 encumber or surrender accounts or assets held by the savings 20 bank on behalf of any responsible relative who is subject to 21 a child support lien, upon notice of the lien or levy of the 22 Illinois Department of Human ServicesPublic Aidor its 23 successor agency pursuant to Section 10-25.5 of the Illinois 24 Public Aid Code, or upon notice of interstate lien from any 25 other state's agency responsible for implementing the child 26 support enforcement program set forth in Title IV, Part D of 27 the Social Security Act. 28 (Source: P.A. 90-18, eff. 7-1-97.) 29 Section 215. The Illinois Credit Union Act is amended by 30 changing Section 43.1 as follows: -217- LRB9206615WHmb 1 (205 ILCS 305/43.1) 2 Sec. 43.1. Administrative liens for past-due child 3 support. Any credit union governed by this Act shall 4 encumber or surrender accounts or assets held by the credit 5 union on behalf of any responsible relative who is subject to 6 a child support lien, upon notice of the lien or levy of the 7 Illinois Department of Human ServicesPublic Aidor its 8 successor agency pursuant to Section 10-25.5 of the Illinois 9 Public Aid Code, or upon notice of interstate lien from any 10 other state's agency responsible for implementing the child 11 support enforcement program set forth in Title IV, Part D of 12 the Social Security Act. 13 (Source: P.A. 90-18, eff. 7-1-97.) 14 Section 220. The Foreign Banking Office Act is amended 15 by changing Section 20 as follows: 16 (205 ILCS 645/20) 17 Sec. 20. Administrative liens for past-due child 18 support. Any foreign banking corporation governed by this 19 Act shall encumber or surrender accounts or assets held by 20 the foreign banking corporation on behalf of any responsible 21 relative who is subject to a child support lien, upon notice 22 of the lien or levy of the Illinois Department of Human 23 ServicesPublic Aidor its successor agency pursuant to 24 Section 10-25.5 of the Illinois Public Aid Code, or upon 25 notice of interstate lien from any other state's agency 26 responsible for implementing the child support enforcement 27 program set forth in Title IV, Part D of the Social Security 28 Act. 29 (Source: P.A. 90-18, eff. 7-1-97; 90-655, eff. 7-30-98.) 30 Section 225. The Alternative Health Care Delivery Act is 31 amended by changing Sections 30 and 35 as follows: -218- LRB9206615WHmb 1 (210 ILCS 3/30) 2 Sec. 30. Demonstration program requirements. The 3 requirements set forth in this Section shall apply to 4 demonstration programs. 5 (a) There shall be no more than: 6 (i) 3 subacute care hospital alternative health 7 care models in the City of Chicago (one of which shall be 8 located on a designated site and shall have been licensed 9 as a hospital under the Illinois Hospital Licensing Act 10 within the 10 years immediately before the application 11 for a license); 12 (ii) 2 subacute care hospital alternative health 13 care models in the demonstration program for each of the 14 following areas: 15 (1) Cook County outside the City of Chicago. 16 (2) DuPage, Kane, Lake, McHenry, and Will 17 Counties. 18 (3) Municipalities with a population greater 19 than 50,000 not located in the areas described in 20 item (i) of subsection (a) and paragraphs (1) and 21 (2) of item (ii) of subsection (a); and 22 (iii) 4 subacute care hospital alternative health 23 care models in the demonstration program for rural areas. 24 In selecting among applicants for these licenses in rural 25 areas, the Health Facilities Planning Board and the 26 Department shall give preference to hospitals that may be 27 unable for economic reasons to provide continued service to 28 the community in which they are located unless the hospital 29 were to receive an alternative health care model license. 30 (a-5) There shall be no more than a total of 12 31 postsurgical recovery care center alternative health care 32 models in the demonstration program, located as follows: 33 (1) Two in the City of Chicago. 34 (2) Two in Cook County outside the City of Chicago. -219- LRB9206615WHmb 1 At least one of these shall be owned or operated by a 2 hospital devoted exclusively to caring for children. 3 (3) Two in Kane, Lake, and McHenry Counties. 4 (4) Four in municipalities with a population of 5 50,000 or more not located in the areas described in 6 paragraphs (1), (2), and (3), 3 of which shall be owned 7 or operated by hospitals, at least 2 of which shall be 8 located in counties with a population of less than 9 175,000, according to the most recent decennial census 10 for which data are available, and one of which shall be 11 owned or operated by an ambulatory surgical treatment 12 center. 13 (5) Two in rural areas, both of which shall be 14 owned or operated by hospitals. 15 There shall be no postsurgical recovery care center 16 alternative health care models located in counties with 17 populations greater than 600,000 but less than 1,000,000. A 18 proposed postsurgical recovery care center must be owned or 19 operated by a hospital if it is to be located within, or will 20 primarily serve the residents of, a health service area in 21 which more than 60% of the gross patient revenue of the 22 hospitals within that health service area are derived from 23 Medicaid and Medicare, according to the most recently 24 available calendar year data from the Illinois Health Care 25 Cost Containment Council. Nothing in this paragraph shall 26 preclude a hospital and an ambulatory surgical treatment 27 center from forming a joint venture or developing a 28 collaborative agreement to own or operate a postsurgical 29 recovery care center. 30 (a-10) There shall be no more than a total of 8 31 children's respite care center alternative health care models 32 in the demonstration program, which shall be located as 33 follows: 34 (1) One in the City of Chicago. -220- LRB9206615WHmb 1 (2) One in Cook County outside the City of Chicago. 2 (3) A total of 2 in the area comprised of DuPage, 3 Kane, Lake, McHenry, and Will counties. 4 (4) A total of 2 in municipalities with a 5 population of 50,000 or more and not located in the 6 areas described in paragraphs (1), (2), or (3). 7 (5) A total of 2 in rural areas, as defined by the 8 Health Facilities Planning Board. 9 No more than one children's respite care model owned and 10 operated by a licensed skilled pediatric facility shall be 11 located in each of the areas designated in this subsection 12 (a-10). 13 (a-15) There shall be an authorized community-based 14 residential rehabilitation center alternative health care 15 model in the demonstration program. The community-based 16 residential rehabilitation center shall be located in the 17 area of Illinois south of Interstate Highway 70. 18 (a-20) There shall be an authorized Alzheimer's disease 19 management center alternative health care model in the 20 demonstration program. The Alzheimer's disease management 21 center shall be located in Will County, owned by a 22 not-for-profit entity, and endorsed by a resolution approved 23 by the county board before the effective date of this 24 amendatory Act of the 91st General Assembly. 25 (b) Alternative health care models, other than a model 26 authorized under subsection (a-20), shall obtain a 27 certificate of need from the Illinois Health Facilities 28 Planning Board under the Illinois Health Facilities Planning 29 Act before receiving a license by the Department. If, after 30 obtaining its initial certificate of need, an alternative 31 health care delivery model that is a community based 32 residential rehabilitation center seeks to increase the bed 33 capacity of that center, it must obtain a certificate of need 34 from the Illinois Health Facilities Planning Board before -221- LRB9206615WHmb 1 increasing the bed capacity. Alternative health care models 2 in medically underserved areas shall receive priority in 3 obtaining a certificate of need. 4 (c) An alternative health care model license shall be 5 issued for a period of one year and shall be annually renewed 6 if the facility or program is in substantial compliance with 7 the Department's rules adopted under this Act. A licensed 8 alternative health care model that continues to be in 9 substantial compliance after the conclusion of the 10 demonstration program shall be eligible for annual renewals 11 unless and until a different licensure program for that type 12 of health care model is established by legislation. The 13 Department may issue a provisional license to any alternative 14 health care model that does not substantially comply with the 15 provisions of this Act and the rules adopted under this Act 16 if (i) the Department finds that the alternative health care 17 model has undertaken changes and corrections which upon 18 completion will render the alternative health care model in 19 substantial compliance with this Act and rules and (ii) the 20 health and safety of the patients of the alternative health 21 care model will be protected during the period for which the 22 provisional license is issued. The Department shall advise 23 the licensee of the conditions under which the provisional 24 license is issued, including the manner in which the 25 alternative health care model fails to comply with the 26 provisions of this Act and rules, and the time within which 27 the changes and corrections necessary for the alternative 28 health care model to substantially comply with this Act and 29 rules shall be completed. 30 (d) Alternative health care models shall seek 31 certification under Titles XVIII and XIX of the federal 32 Social Security Act. In addition, alternative health care 33 models shall provide charitable care consistent with that 34 provided by comparable health care providers in the -222- LRB9206615WHmb 1 geographic area. 2 (d-5) The Illinois Department of Human ServicesPublic3Aid, in cooperation with the Illinois Department of Public 4 Health, shall develop and implement a reimbursement 5 methodology for all facilities participating in the 6 demonstration program. The Illinois Department of Human 7 ServicesPublic Aidshall keep a record of services provided 8 under the demonstration program to recipients of medical 9 assistance under the Illinois Public Aid Code and shall 10 submit an annual report of that information to the Illinois 11 Department of Public Health. 12 (e) Alternative health care models shall, to the extent 13 possible, link and integrate their services with nearby 14 health care facilities. 15 (f) Each alternative health care model shall implement a 16 quality assurance program with measurable benefits and at 17 reasonable cost. 18 (Source: P.A. 91-65, eff. 7-9-99; 91-838, eff. 6-16-00.) 19 (210 ILCS 3/35) 20 Sec. 35. Alternative health care models authorized. 21 Notwithstanding any other law to the contrary, alternative 22 health care models described in this Section may be 23 established on a demonstration basis. 24 (1) Alternative health care model; subacute care 25 hospital. A subacute care hospital is a designated site 26 which provides medical specialty care for patients who 27 need a greater intensity or complexity of care than 28 generally provided in a skilled nursing facility but who 29 no longer require acute hospital care. The average length 30 of stay for patients treated in subacute care hospitals 31 shall not be less than 20 days, and for individual 32 patients, the expected length of stay at the time of 33 admission shall not be less than 10 days. Variations -223- LRB9206615WHmb 1 from minimum lengths of stay shall be reported to the 2 Department. There shall be no more than 13 subacute care 3 hospitals authorized to operate by the Department. 4 Subacute care includes physician supervision, registered 5 nursing, and physiological monitoring on a continual 6 basis. A subacute care hospital is either a freestanding 7 building or a distinct physical and operational entity 8 within a hospital or nursing home building. A subacute 9 care hospital shall only consist of beds currently 10 existing in licensed hospitals or skilled nursing 11 facilities, except, in the City of Chicago, on a 12 designated site that was licensed as a hospital under the 13 Illinois Hospital Licensing Act within the 10 years 14 immediately before the application for an alternative 15 health care model license. During the period of operation 16 of the demonstration project, the existing licensed beds 17 shall remain licensed as hospital or skilled nursing 18 facility beds as well as being licensed under this Act. 19 In order to handle cases of complications, emergencies, 20 or exigent circumstances, a subacute care hospital shall 21 maintain a contractual relationship, including a transfer 22 agreement, with a general acute care hospital. If a 23 subacute care model is located in a general acute care 24 hospital, it shall utilize all or a portion of the bed 25 capacity of that existing hospital. In no event shall a 26 subacute care hospital use the word "hospital" in its 27 advertising or marketing activities or represent or hold 28 itself out to the public as a general acute care 29 hospital. 30 (2) Alternative health care delivery model; 31 postsurgical recovery care center. A postsurgical 32 recovery care center is a designated site which provides 33 postsurgical recovery care for generally healthy patients 34 undergoing surgical procedures that require overnight -224- LRB9206615WHmb 1 nursing care, pain control, or observation that would 2 otherwise be provided in an inpatient setting. A 3 postsurgical recovery care center is either freestanding 4 or a defined unit of an ambulatory surgical treatment 5 center or hospital. No facility, or portion of a 6 facility, may participate in a demonstration program as a 7 postsurgical recovery care center unless the facility has 8 been licensed as an ambulatory surgical treatment center 9 or hospital for at least 2 years before August 20, 1993 10 (the effective date of Public Act 88-441). The maximum 11 length of stay for patients in a postsurgical recovery 12 care center is not to exceed 48 hours unless the treating 13 physician requests an extension of time from the recovery 14 center's medical director on the basis of medical or 15 clinical documentation that an additional care period is 16 required for the recovery of a patient and the medical 17 director approves the extension of time. In no case, 18 however, shall a patient's length of stay in a 19 postsurgical recovery care center be longer than 72 20 hours. If a patient requires an additional care period 21 after the expiration of the 72-hour limit, the patient 22 shall be transferred to an appropriate facility. Reports 23 on variances from the 48-hour limit shall be sent to the 24 Department for its evaluation. The reports shall, before 25 submission to the Department, have removed from them all 26 patient and physician identifiers. In order to handle 27 cases of complications, emergencies, or exigent 28 circumstances, every postsurgical recovery care center as 29 defined in this paragraph shall maintain a contractual 30 relationship, including a transfer agreement, with a 31 general acute care hospital. A postsurgical recovery 32 care center shall be no larger than 20 beds. A 33 postsurgical recovery care center shall be located within 34 15 minutes travel time from the general acute care -225- LRB9206615WHmb 1 hospital with which the center maintains a contractual 2 relationship, including a transfer agreement, as required 3 under this paragraph. 4 No postsurgical recovery care center shall 5 discriminate against any patient requiring treatment 6 because of the source of payment for services, including 7 Medicare and Medicaid recipients. 8 The Department shall adopt rules to implement the 9 provisions of Public Act 88-441 concerning postsurgical 10 recovery care centers within 9 months after August 20, 11 1993. 12 (3) Alternative health care delivery model; 13 children's respite care center. A children's respite 14 care center model is a designated site that provides 15 respite for medically frail, technologically dependent, 16 clinically stable children, up to age 18, for a period of 17 one to 14 days. This care is to be provided in a 18 home-like environment that serves no more than 10 19 children at a time. Children's respite care center 20 services must be available through the model to all 21 families, including those whose care is paid for through 22 the Illinois Department of Human ServicesPublic Aidor 23 the Illinois Department of Children and Family Services. 24 Each respite care model location shall be a facility 25 physically separate and apart from any other facility 26 licensed by the Department of Public Health under this or 27 any other Act and shall provide, at a minimum, the 28 following services: out-of-home respite care; hospital to 29 home training for families and caregivers; short term 30 transitional care to facilitate placement and training 31 for foster care parents; parent and family support 32 groups. 33 Coverage for the services provided by the Illinois 34 Department of Human ServicesPublic Aidunder this -226- LRB9206615WHmb 1 paragraph (3) is contingent upon federal waiver approval 2 and is provided only to Medicaid eligible clients 3 participating in the home and community based services 4 waiver designated in Section 1915(c) of the Social 5 Security Act for medically frail and technologically 6 dependent children. 7 (4) Alternative health care delivery model; 8 community based residential rehabilitation center. A 9 community-based residential rehabilitation center model 10 is a designated site that provides rehabilitation or 11 support, or both, for persons who have experienced severe 12 brain injury, who are medically stable, and who no longer 13 require acute rehabilitative care or intense medical or 14 nursing services. The average length of stay in a 15 community-based residential rehabilitation center shall 16 not exceed 4 months. As an integral part of the services 17 provided, individuals are housed in a supervised living 18 setting while having immediate access to the community. 19 The residential rehabilitation center authorized by the 20 Department may have more than one residence included 21 under the license. A residence may be no larger than 12 22 beds and shall be located as an integral part of the 23 community. Day treatment or individualized outpatient 24 services shall be provided for persons who reside in 25 their own home. Functional outcome goals shall be 26 established for each individual. Services shall include, 27 but are not limited to, case management, training and 28 assistance with activities of daily living, nursing 29 consultation, traditional therapies (physical, 30 occupational, speech), functional interventions in the 31 residence and community (job placement, shopping, 32 banking, recreation), counseling, self-management 33 strategies, productive activities, and multiple 34 opportunities for skill acquisition and practice -227- LRB9206615WHmb 1 throughout the day. The design of individualized program 2 plans shall be consistent with the outcome goals that are 3 established for each resident. The programs provided in 4 this setting shall be accredited by the Commission on 5 Accreditation of Rehabilitation Facilities (CARF). The 6 program shall have been accredited by CARF as a Brain 7 Injury Community-Integrative Program for at least 3 8 years. 9 (5) Alternative health care delivery model; 10 Alzheimer's disease management center. An Alzheimer's 11 disease management center model is a designated site that 12 provides a safe and secure setting for care of persons 13 diagnosed with Alzheimer's disease. An Alzheimer's 14 disease management center model shall be a facility 15 separate from any other facility licensed by the 16 Department of Public Health under this or any other Act. 17 An Alzheimer's disease management center shall conduct 18 and document an assessment of each resident every 6 19 months. The assessment shall include an evaluation of 20 daily functioning, cognitive status, other medical 21 conditions, and behavioral problems. An Alzheimer's 22 disease management center shall develop and implement an 23 ongoing treatment plan for each resident. The treatment 24 plan shall have defined goals. The Alzheimer's disease 25 management center shall treat behavioral problems and 26 mood disorders using nonpharmacologic approaches such as 27 environmental modification, task simplification, and 28 other appropriate activities. All staff must have 29 necessary training to care for all stages of Alzheimer's 30 Disease. An Alzheimer's disease management center shall 31 provide education and support for residents and 32 caregivers. The education and support shall include 33 referrals to support organizations for educational 34 materials on community resources, support groups, legal -228- LRB9206615WHmb 1 and financial issues, respite care, and future care needs 2 and options. The education and support shall also 3 include a discussion of the resident's need to make 4 advance directives and to identify surrogates for medical 5 and legal decision-making. The provisions of this 6 paragraph establish the minimum level of services that 7 must be provided by an Alzheimer's disease management 8 center. An Alzheimer's disease management center model 9 shall have no more than 100 residents. Nothing in this 10 paragraph (5) shall be construed as prohibiting a person 11 or facility from providing services and care to persons 12 with Alzheimer's disease as otherwise authorized under 13 State law. 14 (Source: P.A. 91-65, eff. 7-9-99; 91-357, eff. 7-29-99; 15 91-838, eff. 6-16-00.) 16 Section 230. The Assisted Living and Shared Housing Act 17 is amended by changing Sections 125 and 130 as follows: 18 (210 ILCS 9/125) 19 Sec. 125. Assisted Living and Shared Housing Advisory 20 Board. 21 (a) The Governor shall appoint the Assisted Living and 22 Shared Housing Advisory Board which shall be responsible for 23 advising the Director in all aspects of the administration of 24 the Act. 25 (b) The Board shall be comprised of the following 26 persons: 27 (1) the Director who shall serve as chair, ex 28 officio and nonvoting; 29 (2) the Director of Aging who shall serve as 30 vice-chair, ex officio and nonvoting; 31 (3) one representative each of the Departments of 32 Public Health, Public Aid,and Human Services, the -229- LRB9206615WHmb 1 Department on Aging, the Office of the State Fire 2 Marshal, and the Illinois Housing Development Authority, 3 all nonvoting members; 4 (4) the State Ombudsman or his or her designee; 5 (5) one representative of the Association of Area 6 Agencies on Aging; 7 (6) four members selected from the recommendations 8 by provider organizations whose membership consist of 9 nursing care or assisted living establishments; 10 (7) one member selected from the recommendations of 11 provider organizations whose membership consists of home 12 health agencies; 13 (8) two residents of assisted living or shared 14 housing establishments; 15 (9) three members selected from the 16 recommendations of consumer organizations which engage 17 solely in advocacy or legal representation on behalf of 18 the senior population; 19 (10) one member who shall be a physician; 20 (11) one member who shall be a registered 21 professional nurse selected from the recommendations of 22 professional nursing associations; and 23 (12) two citizen members with expertise in the area 24 of gerontology research or legal research regarding 25 implementation of assisted living statutes. 26 (c) Members of the Board created by this Act shall be 27 appointed to serve for terms of 3 years. All members shall be 28 appointed by January 1, 2001. One third of the Board 29 members' initial terms shall expire in one year; one third in 30 2 years, and one third in 3 years. A member's term does not 31 expire until a successor is appointed by the Governor. Any 32 member appointed to fill a vacancy occurring prior to the 33 expiration of the term for which his or her predecessor was 34 appointed shall be appointed for the remainder of that term. -230- LRB9206615WHmb 1 The Board shall meet at the call of the Director. The 2 affirmative vote of 9 members of the Board shall be 3 necessary for Board action. Members of this Board shall 4 receive no compensation for their services, however, 5 resident members shall be reimbursed for their actual 6 expenses. 7 (d) The Board shall be provided copies of all 8 administrative rules and changes to administrative rules for 9 review and comment prior to notice being given to the public. 10 If the Board, having been asked for its review, fails to 11 advise the Department within 90 days, the rules shall be 12 considered acted upon. 13 (Source: P.A. 91-656, eff. 1-1-01.) 14 (210 ILCS 9/130) 15 Sec. 130. Assisted Living and Shared Housing Quality of 16 Life Advisory Committee. 17 (a) For the purpose of this Section only, "Department" 18 means the Department on Aging and "Director" means the 19 Director of Aging. 20 (b) There shall be established within the Department on 21 Aging the Assisted Living and Shared Housing Quality of Life 22 Advisory Committee. The committee shall give advice to the 23 Department on activities of the assisted living ombudsman and 24 all other matters deemed relevant by the Director and to the 25 Director of Public Health on the delivery of personal care 26 services, the unique needs and concerns of seniors residing 27 in housing projects, and all other issues affecting the 28 quality of life of residents. At least 3 members of the 29 committee must serve on the Assisted Living and Shared 30 Housing Advisory Board. The committee shall be comprised of 31 19 members appointed by the Governor and composed of the 32 following persons or their designees: the State Ombudsman; 33 the Director of the Division of Long Term Care; the Director -231- LRB9206615WHmb 1 of the Division of Older American Services; one member 2 representing the Department of Public Health; one member 3 representing the Area Agencies on Aging; one member 4 representing agencies providing case coordination services; 3 5 members each representing different provider organizations 6 whose membership consists of residential facilities serving 7 seniors; 2 members representing providers of community care 8 services; one member representing the Community Based 9 Residential Facility projects; one member representing the 10Department of Public Aid'sSupportive Living Facilities of 11 the Department of Human Services; two residents of assisted 12 living or shared housing establishments; 2 members 13 representing consumer groups that engage solely in advocacy 14 or legal representation on behalf of the senior population; 15 and 2 citizen members with expertise in either gerontology 16 research or legal research regarding the implementation of 17 assisted living statutes. 18 The Director or his or her designee shall serve as the ex 19 officio and nonvoting chair. The Director of Public Health 20 or his or her designee shall serve as the ex officio and 21 nonvoting vice-chair. A quorum shall consist of 10 voting 22 members and all decisions shall be made by simple majority. 23 Members of the committee shall serve for 3 years or until a 24 replacement has been named. Initial appointments shall have 25 staggered terms to permit no more than one-third of the 26 committee to be reappointed each year. Members of the 27 committee shall not receive compensation for their services 28 or expenses, except resident members, who shall be reimbursed 29 for actual expenses. The committee shall review and comment 30 on proposed rules to be promulgated pursuant to this Act by 31 the Director or the Director of Public Health. The Director 32 of Public Health shall provide copies of rules pursuant to 33 subsection (h) of Section 110. The Director shall provide 34 the committee copies of all administrative rules and changes -232- LRB9206615WHmb 1 to administrative rules for review and comment prior to 2 notice being given to the public. If the committee, having 3 been asked for its review, fails to respond within 90 days, 4 the rules shall be considered acted upon. 5 (c) The Department shall conduct a study or contract for 6 the conducting of a study to review the effects of this Act 7 on the availability of housing for seniors. The study shall 8 evaluate whether (i) sufficient housing exists to meet the 9 needs of Illinois seniors for housing, (ii) the services 10 available under this Act meet the needs of Illinois seniors, 11 (iii) the private sector marketplace is an adequate supplier 12 of housing with services for seniors, and (iv) any other 13 consideration the Department and the Department of Public 14 Health deem relevant. The Department of Public Health 15 Assisted Living and Shared Housing Advisory Board shall serve 16 in an advisory capacity to the Department and the Committee 17 in the development of this report. 18 (d) The study mandated by subsection (c) shall be 19 completed and its findings and recommendations reported to 20 the General Assembly no later than January 1, 2003. 21 (Source: P.A. 91-656, eff. 1-1-01.) 22 Section 235. The Abused and Neglected Long Term Care 23 Facility Residents Reporting Act is amended by changing 24 Section 4 as follows: 25 (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164) 26 Sec. 4. Any long term care facility administrator, agent 27 or employee or any physician, hospital, surgeon, dentist, 28 osteopath, chiropractor, podiatrist, Christian Science 29 practitioner, coroner, social worker, social services 30 administrator, registered nurse, law enforcement officer, 31field personnel of the Illinois Department of Public Aid,32 field personnel of the Illinois Department of Public Health -233- LRB9206615WHmb 1 and County or Municipal Health Departments, personnel of the 2 Department of Human Services (acting as the successor to the 3 Department of Mental Health and Developmental Disabilities or 4 the Department of Public Aid), personnel of the Guardianship 5 and Advocacy Commission, personnel of the State Fire Marshal, 6 local fire department inspectors or other personnel, or 7 personnel of the Illinois Department on Aging, or its 8 subsidiary Agencies on Aging, or employee of a facility 9 licensed under the Assisted Living and Shared Housing Act, 10 having reasonable cause to believe any resident with whom 11 they have direct contact has been subjected to abuse or 12 neglect shall immediately report or cause a report to be made 13 to the Department. Persons required to make reports or cause 14 reports to be made under this Section include all employees 15 of the State of Illinois who are involved in providing 16 services to residents, including professionals providing 17 medical or rehabilitation services and all other persons 18 having direct contact with residents; and further include all 19 employees of community service agencies who provide services 20 to a resident of a public or private long term care facility 21 outside of that facility. Any long term care surveyor of the 22 Illinois Department of Public Health who has reasonable cause 23 to believe in the course of a survey that a resident has been 24 abused or neglected and initiates an investigation while on 25 site at the facility shall be exempt from making a report 26 under this Section but the results of any such investigation 27 shall be forwarded to the central register in a manner and 28 form described by the Department. 29 The requirement of this Act shall not relieve any long 30 term care facility administrator, agent or employee of 31 responsibility to report the abuse or neglect of a resident 32 under Section 3-610 of the Nursing Home Care Act. 33 In addition to the above persons required to report 34 suspected resident abuse and neglect, any other person may -234- LRB9206615WHmb 1 make a report to the Department, or to any law enforcement 2 officer, if such person has reasonable cause to suspect a 3 resident has been abused or neglected. 4 This Section also applies to residents whose death occurs 5 from suspected abuse or neglect before being found or brought 6 to a hospital. 7 A person required to make reports or cause reports to be 8 made under this Section who fails to comply with the 9 requirements of this Section is guilty of a Class A 10 misdemeanor. 11 (Source: P.A. 91-656, eff. 1-1-01.) 12 Section 240. The Nursing Home Care Act is amended by 13 changing Sections 2-202, 2-204, 2-205, 3-108, 3-208, 3-304, 14 3-401.1, 3-405, 3-406, 3-411, 3-414, 3-805, and 3A-101 as 15 follows: 16 (210 ILCS 45/2-202) (from Ch. 111 1/2, par. 4152-202) 17 Sec. 2-202. (a) Before a person is admitted to a 18 facility, or at the expiration of the period of previous 19 contract, or when the source of payment for the resident's 20 care changes from private to public funds or from public to 21 private funds, a written contract shall be executed between a 22 licensee and the following in order of priority: 23 (1) the person, or if the person is a minor, his 24 parent or guardian; or 25 (2) the person's guardian, if any, or agent, if 26 any, as defined in Section 2-3 of the Illinois Power of 27 Attorney Act; or 28 (3) a member of the person's immediate family. 29 An adult person shall be presumed to have the capacity to 30 contract for admission to a long term care facility unless he 31 has been adjudicated a "disabled person" within the meaning 32 of Section 11a-2 of the Probate Act of 1975, or unless a -235- LRB9206615WHmb 1 petition for such an adjudication is pending in a circuit 2 court of Illinois. 3 If there is no guardian, agent or member of the person's 4 immediate family available, able or willing to execute the 5 contract required by this Section and a physician determines 6 that a person is so disabled as to be unable to consent to 7 placement in a facility, or if a person has already been 8 found to be a "disabled person", but no order has been 9 entered allowing residential placement of the person, that 10 person may be admitted to a facility before the execution of 11 a contract required by this Section; provided that a petition 12 for guardianship or for modification of guardianship is filed 13 within 15 days of the person's admission to a facility, and 14 provided further that such a contract is executed within 10 15 days of the disposition of the petition. 16 No adult shall be admitted to a facility if he objects, 17 orally or in writing, to such admission, except as otherwise 18 provided in Chapters III and IV of the Mental Health and 19 Developmental Disabilities Code or Section 11a-14.1 of the 20 Probate Act of 1975. 21 If a person has not executed a contract as required by 22 this Section, then such a contract shall be executed on or 23 before July 1, 1981, or within 10 days after the disposition 24 of a petition for guardianship or modification of 25 guardianship that was filed prior to July 1, 1981, whichever 26 is later. 27 Before a licensee enters a contract under this Section, 28 it shall provide the prospective resident and his guardian, 29 if any, with written notice of the licensee's policy 30 regarding discharge of a resident whose private funds for 31 payment of care are exhausted. 32 (b) A resident shall not be discharged or transferred at 33 the expiration of the term of a contract, except as provided 34 in Sections 3-401 through 3-423. -236- LRB9206615WHmb 1 (c) At the time of the resident's admission to the 2 facility, a copy of the contract shall be given to the 3 resident, his guardian, if any, and any other person who 4 executed the contract. 5 (d) A copy of the contract for a resident who is 6 supported by nonpublic funds other than the resident's own 7 funds shall be made available to the person providing the 8 funds for the resident's support. 9 (e) The original or a copy of the contract shall be 10 maintained in the facility and be made available upon request 11 to representatives of the Department and the Department of 12 Human ServicesPublic Aid. 13 (f) The contract shall be written in clear and 14 unambiguous language and shall be printed in not less than 15 12-point type. The general form of the contract shall be 16 prescribed by the Department. 17 (g) The contract shall specify: 18 (1) the term of the contract; 19 (2) the services to be provided under the contract 20 and the charges for the services; 21 (3) the services that may be provided to supplement 22 the contract and the charges for the services; 23 (4) the sources liable for payments due under the 24 contract; 25 (5) the amount of deposit paid; and 26 (6) the rights, duties and obligations of the 27 resident, except that the specification of a resident's 28 rights may be furnished on a separate document which 29 complies with the requirements of Section 2-211. 30 (h) The contract shall designate the name of the 31 resident's representative, if any. The resident shall 32 provide the facility with a copy of the written agreement 33 between the resident and the resident's representative which 34 authorizes the resident's representative to inspect and copy -237- LRB9206615WHmb 1 the resident's records and authorizes the resident's 2 representative to execute the contract on behalf of the 3 resident required by this Section. 4 (i) The contract shall provide that if the resident is 5 compelled by a change in physical or mental health to leave 6 the facility, the contract and all obligations under it shall 7 terminate on 7 days notice. No prior notice of termination 8 of the contract shall be required, however, in the case of a 9 resident's death. The contract shall also provide that in 10 all other situations, a resident may terminate the contract 11 and all obligations under it with 30 days notice. All charges 12 shall be prorated as of the date on which the contract 13 terminates, and, if any payments have been made in advance, 14 the excess shall be refunded to the resident. This provision 15 shall not apply to life-care contracts through which a 16 facility agrees to provide maintenance and care for a 17 resident throughout the remainder of his life nor to 18 continuing-care contracts through which a facility agrees to 19 supplement all available forms of financial support in 20 providing maintenance and care for a resident throughout the 21 remainder of his life. 22 (j) In addition to all other contract specifications 23 contained in this Section admission contracts shall also 24 specify: 25 (1) whether the facility accepts Medicaid clients; 26 (2) whether the facility requires a deposit of the 27 resident or his family prior to the establishment of 28 Medicaid eligibility; 29 (3) in the event that a deposit is required, a 30 clear and concise statement of the procedure to be 31 followed for the return of such deposit to the resident 32 or the appropriate family member or guardian of the 33 person; 34 (4) that all deposits made to a facility by a -238- LRB9206615WHmb 1 resident, or on behalf of a resident, shall be returned 2 by the facility within 30 days of the establishment of 3 Medicaid eligibility, unless such deposits must be drawn 4 upon or encumbered in accordance with Medicaid 5 eligibility requirements established by the Illinois 6 Department of Human ServicesPublic Aid. 7 (k) It shall be a business offense for a facility to 8 knowingly and intentionally both retain a resident's deposit 9 and accept Medicaid payments on behalf of that resident. 10 (Source: P.A. 87-225; 87-895; 88-154.) 11 (210 ILCS 45/2-204) (from Ch. 111 1/2, par. 4152-204) 12 Sec. 2-204. The Director shall appoint a Long-Term Care 13 Facility Advisory Board to consult with the Department and 14 the residents' advisory councils created under Section 2-203. 15 (a) The Board shall be comprised of the following 16 persons: 17 (1) The Director who shall serve as chairman, ex 18 officio and nonvoting; and 19 (2) One representative each ofthe Department of20Public Aid,the Department of Human Services, the 21 Department on Aging, and the Office of the State Fire 22 Marshal, all nonvoting members; 23 (3) One member who shall be a physician licensed to 24 practice medicine in all its branches; 25 (4) One member who shall be a registered nurse 26 selected from the recommendations of professional nursing 27 associations; 28 (5) Four members who shall be selected from the 29 recommendations by organizations whose membership 30 consists of facilities; 31 (6) Two members who shall represent the general 32 public who are not members of a residents' advisory 33 council established under Section 2-203 and who have no -239- LRB9206615WHmb 1 responsibility for management or formation of policy or 2 financial interest in a facility; 3 (7) One member who is a member of a residents' 4 advisory council established under Section 2-203 and is 5 capable of actively participating on the Board; and 6 (8) One member who shall be selected from the 7 recommendations of consumer organizations which engage 8 solely in advocacy or legal representation on behalf of 9 residents and their immediate families. 10 (b) The terms of those members of the Board appointed 11 prior to the effective date of this amendatory Act of 1988 12 shall expire on December 31, 1988. Members of the Board 13 created by this amendatory Act of 1988 shall be appointed to 14 serve for terms as follows: 3 for 2 years, 3 for 3 years and 15 3 for 4 years. The member of the Board added by this 16 amendatory Act of 1989 shall be appointed to serve for a term 17 of 4 years. Each successor member shall be appointed for a 18 term of 4 years. Any member appointed to fill a vacancy 19 occurring prior to the expiration of the term for which his 20 predecessor was appointed shall be appointed for the 21 remainder of such term. The Board shall meet as frequently 22 as the chairman deems necessary, but not less than 4 times 23 each year. Upon request by 4 or more members the chairman 24 shall call a meeting of the Board. The affirmative vote of 6 25 members of the Board shall be necessary for Board action. A 26 member of the Board can designate a replacement to serve at 27 the Board meeting and vote in place of the member by 28 submitting a letter of designation to the chairman prior to 29 or at the Board meeting. The Board members shall be 30 reimbursed for their actual expenses incurred in the 31 performance of their duties. 32 (c) The Advisory Board shall advise the Department of 33 Public Health on all aspects of its responsibilities under 34 this Act, including the format and content of any rules -240- LRB9206615WHmb 1 promulgated by the Department of Public Health. Any such 2 rules, except emergency rules promulgated pursuant to Section 3 5-45 of the Illinois Administrative Procedure Act, 4 promulgated without obtaining the advice of the Advisory 5 Board are null and void. In the event that the Department 6 fails to follow the advice of the Board, the Department 7 shall, prior to the promulgation of such rules, transmit a 8 written explanation of the reason thereof to the Board. 9 During its review of rules, the Board shall analyze the 10 economic and regulatory impact of those rules. If the 11 Advisory Board, having been asked for its advice, fails to 12 advise the Department within 90 days, the rules shall be 13 considered acted upon. 14 (Source: P.A. 88-45; 89-507, eff. 7-1-97.) 15 (210 ILCS 45/2-205) (from Ch. 111 1/2, par. 4152-205) 16 Sec. 2-205. The following information is subject to 17 disclosure to the public from the Department or the 18 Department of Human ServicesPublic Aid: 19 (1) Information submitted under Sections 3-103 and 3-207 20 except information concerning the remuneration of personnel 21 licensed, registered, or certified by the Department of 22 Professional Regulation and monthly charges for an individual 23 private resident; 24 (2) Records of license and certification inspections, 25 surveys, and evaluations of facilities, other reports of 26 inspections, surveys, and evaluations of resident care, and 27 reports concerning a facility prepared pursuant to Titles 28 XVIII and XIX of the Social Security Act, subject to the 29 provisions of the Social Security Act; 30 (3) Cost and reimbursement reports submitted by a 31 facility under Section 3-208, reports of audits of 32 facilities, and other public records concerning costs 33 incurred by, revenues received by, and reimbursement of -241- LRB9206615WHmb 1 facilities; and 2 (4) Complaints filed against a facility and complaint 3 investigation reports, except that a complaint or complaint 4 investigation report shall not be disclosed to a person other 5 than the complainant or complainant's representative before 6 it is disclosed to a facility under Section 3-702, and, 7 further, except that a complainant or resident's name shall 8 not be disclosed except under Section 3-702. 9 The Department shall disclose information under this 10 Section in accordance with provisions for inspection and 11 copying of public records required by The Freedom of 12 Information Act. 13 However, the disclosure of information described in 14 subsection (1) shall not be restricted by any provision of 15 The Freedom of Information Act. 16 (Source: P.A. 85-1209; 85-1378.) 17 (210 ILCS 45/3-108) (from Ch. 111 1/2, par. 4153-108) 18 Sec. 3-108. The Department shall coordinate the functions 19 within State government affecting facilities licensed under 20 this Act and shall cooperate with other State agencies which 21 establish standards or requirements for facilities to assure 22 necessary, equitable, and consistent State supervision of 23 licensees without unnecessary duplication of survey, 24 evaluation, and consultation services or complaint 25 investigations. The Department shall cooperate with the 26 Department of Human Services in regard to facilities 27 containing more than 20% of residents for whom the Department 28 of Human Services has mandated follow-up responsibilities 29 under the Mental Health and Developmental Disabilities 30 Administrative Act. 31 The Department shall cooperate with the Department of 32 Human ServicesPublic Aidin regard to facilities where 33 recipients of public aid are residents. -242- LRB9206615WHmb 1 The Department shall immediately refer to the Department 2 of Professional Regulation for investigation any credible 3 evidence of which it has knowledge that an individual 4 licensed by that Department has violated this Act or any rule 5 issued under this Act. 6 The Department shall enter into agreements with other 7 State Departments, agencies or commissions to effectuate the 8 purpose of this Section. 9 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97.) 10 (210 ILCS 45/3-208) (from Ch. 111 1/2, par. 4153-208) 11 Sec. 3-208. (a) Each licensee shall file annually, or 12 more often as the Director shall by rule prescribe, an 13 attested financial statement. The Director may order an 14 audited financial statement of a particular facility by an 15 auditor of the Director's choice, provided the cost of such 16 audit is paid by the Department. 17 (b) No public funds shall be expended for the 18 maintenance of any resident in a facility which has failed to 19 file the financial statement required under this Section and 20 no public funds shall be paid to or on behalf of a facility 21 which has failed to file a statement. 22 (c) The Director of Public Health and the Secretary of 23 Human ServicesDirector of Public Aidshall promulgate under 24 Sections 3-801 and 3-802, one set of regulations for the 25 filing of these financial statements, and shall provide in 26 these regulations for forms, required information, intervals 27 and dates of filing and such other provisions as they may 28 deem necessary. 29 (d) The Director of Public Health and the Secretary of 30 Human ServicesDirector of Public Aidshall seek the advice 31 and comments of other State and federal agencies which 32 require the submission of financial data from facilities 33 licensed under this Act and shall incorporate the information -243- LRB9206615WHmb 1 requirements of these agencies so as to impose the least 2 possible burden on licensees. No other State agency may 3 require submission of financial data except as expressly 4 authorized by law or as necessary to meet requirements of 5 federal statutes or regulations. Information obtained under 6 this Section shall be made available, upon request, by the 7 Department to any other State agency or legislative 8 commission to which such information is necessary for 9 investigations or required for the purposes of State or 10 federal law or regulation. 11 (Source: P.A. 81-1349.) 12 (210 ILCS 45/3-304) (from Ch. 111 1/2, par. 4153-304) 13 Sec. 3-304. (a) The Department shall prepare on a 14 quarterly basis a list containing the names and addresses of 15 all facilities against which the Department during the 16 previous quarter has: 17 (1) sent a notice under Section 3-307 regarding a 18 penalty assessment under subsection (1) of Section 3-305; 19 (2) sent a notice of license revocation under Section 20 3-119; 21 (3) sent a notice refusing renewal of a license under 22 Section 3-119; 23 (4) sent a notice to suspend a license under Section 24 3-119; 25 (5) issued a conditional license for violations that 26 have not been corrected under Section 3-303 or penalties or 27 fines described under Section 3-305 have been assessed under 28 Section 3-307 or 3-308; 29 (6) placed a monitor under subsections (a), (b) and (c) 30 of Section 3-501 and under subsection (d) of such Section 31 where license revocation or nonrenewal notices have also been 32 issued; 33 (7) initiated an action to appoint a receiver; -244- LRB9206615WHmb 1 (8) recommended to the SecretaryDirector of the2Departmentof Human ServicesPublic Aid, or the Secretary of 3 the United States Department of Health and Human Services, 4 the decertification for violations in relation to patient 5 care of a facility pursuant to Titles XVIII and XIX of the 6 federal Social Security Act. (b) In addition to the 7 name and address of the facility, the list shall include the 8 name and address of the person or licensee against whom the 9 action has been initiated, a self-explanatory summary of the 10 facts which warranted the initiation of each action, the type 11 of action initiated, the date of the initiation of the 12 action, the amount of the penalty sought to be assessed, if 13 any, and the final disposition of the action, if completed. 14 (c) The list shall be available to any member of the 15 public upon oral or written request without charge. 16 (Source: P.A. 85-1378.) 17 (210 ILCS 45/3-401.1) (from Ch. 111 1/2, par. 4153-401.1) 18 Sec. 3-401.1. (a) A facility participating in the 19 Medical Assistance Program is prohibited from failing or 20 refusing to retain as a resident any person because he or she 21 is a recipient of or an applicant for the Medical Assistance 22 Program. 23 (a-5) After the effective date of this amendatory Act of 24 1997, a facility of which only a distinct part is certified 25 to participate in the Medical Assistance Program may refuse 26 to retain as a resident any person who resides in a part of 27 the facility that does not participate in the Medical 28 Assistance Program and who is unable to pay for his or her 29 care in the facility without Medical Assistance only if: 30 (1) the facility, no later than at the time of 31 admission and at the time of the resident's contract 32 renewal, explains to the resident (unless he or she is 33 incompetent), and to the resident's representative, and -245- LRB9206615WHmb 1 to the person making payment on behalf of the resident 2 for the resident's stay, in writing, that the facility 3 may discharge the resident if the resident is no longer 4 able to pay for his or her care in the facility without 5 Medical Assistance; 6 (2) the resident (unless he or she is incompetent), 7 the resident's representative, and the person making 8 payment on behalf of the resident for the resident's 9 stay, acknowledge in writing that they have received the 10 written explanation. 11 (a-10) For the purposes of this Section, a recipient or 12 applicant shall be considered a resident in the facility 13 during any hospital stay totaling 10 days or less following a 14 hospital admission. The Illinois Department of Human Services 15Public Aidshall recoup funds from a facility when, as a 16 result of the facility's refusal to readmit a recipient after 17 hospitalization for 10 days or less, the recipient incurs 18 hospital bills in an amount greater than the amount that 19 would have been paid by that Department for care of the 20 recipient in the facility. The amount of the recoupment shall 21 be the difference between the payment by the Illinois 22 Department of Human ServicesPublic Aid's paymentfor 23 hospital care and the amount that Department would have paid 24 for care in the facility. 25 (b) A facility which violates this Section shall be 26 guilty of a business offense and fined not less than $500 nor 27 more than $1,000 for the first offense and not less than 28 $1,000 nor more than $5,000 for each subsequent offense. 29 (Source: P.A. 90-310, eff. 8-1-97.) 30 (210 ILCS 45/3-405) (from Ch. 111 1/2, par. 4153-405) 31 Sec. 3-405. A copy of the notice required by Section 32 3-402 shall be placed in the resident's clinical record and a 33 copy shall be transmitted to the Department, the resident, -246- LRB9206615WHmb 1 the resident's representative, and, if the resident's care is 2 paid for in whole or part through Title XIX, to the 3 Department of Human ServicesPublic Aid. 4 (Source: P.A. 81-223.) 5 (210 ILCS 45/3-406) (from Ch. 111 1/2, par. 4153-406) 6 Sec. 3-406. When the basis for an involuntary transfer 7 or discharge is the result of an action by the Department of 8 Human ServicesPublic Aidwith respect to a recipient of 9 Title XIX and a hearing request is filed with the Department 10 of Human ServicesPublic Aid, the 21-day written notice 11 period shall not begin until a final decision in the matter 12 is rendered by the Department of Human ServicesPublic Aidor 13 a court of competent jurisdiction and notice of that final 14 decision is received by the resident and the facility. 15 (Source: P.A. 81-223.) 16 (210 ILCS 45/3-411) (from Ch. 111 1/2, par. 4153-411) 17 Sec. 3-411. The Department of Public Health, when the 18 basis for involuntary transfer or discharge is other than 19 action by the Department of Human ServicesPublic Aidwith 20 respect to the Title XIX Medicaid recipient, shall hold a 21 hearing at the resident's facility not later than 10 days 22 after a hearing request is filed, and render a decision 23 within 14 days after the filing of the hearing request. 24 (Source: P.A. 81-1349.) 25 (210 ILCS 45/3-414) (from Ch. 111 1/2, par. 4153-414) 26 Sec. 3-414. The Department of Human ServicesPublic Aid27 shall continue Title XIX Medicaid funding during the appeal, 28 transfer, or discharge period for those residents who are 29 Title XIX recipients affected by Section 3-401. 30 (Source: P.A. 81-223.) -247- LRB9206615WHmb 1 (210 ILCS 45/3-805) (from Ch. 111 1/2, par. 4153-805) 2 Sec. 3-805. (a) The Department shall conduct a pilot 3 project to examine, study and contrast the Joint Commission 4 on the Accreditation of Health Care Organizations 5 ("Commission") accreditation review process with the current 6 regulations and licensure surveys process conducted by the 7 Department for long-term care facilities. This pilot project 8 will enable qualified facilities to apply for participation 9 in the project, in which surveys completed by the Commission 10 are accepted by the Department in lieu of inspections 11 required by this Act, as provided in subsection (b) of this 12 Section. It is intended that this pilot project shall 13 commence on January 1, 1990, and shall conclude on December 14 31, 2000, with a final report to be submitted to the Governor 15 and the General Assembly by June 30, 2001. 16 (b) (1) In lieu of conducting an inspection for license 17 renewal under this Act, the Department may accept from a 18 facility that is accredited by the Commission under the 19 Commission's long-term care standards the facility's most 20 recent annual accreditation review by the Commission. In 21 addition to such review, the facility shall submit any fee or 22 other license renewal report or information required by law. 23 The Department may accept such review for so long as the 24 Commission maintains an annual inspection or review program. 25 If the Commission does not conduct an on-site annual 26 inspection or review, the Department shall conduct an 27 inspection as otherwise required by this Act. If the 28 Department determines that an annual on-site inspection or 29 review conducted by the Commission does not meet minimum 30 standards set by the Department, the Department shall not 31 accept the Commission's accreditation review and shall 32 conduct an inspection as otherwise required by this Act. 33 The Department shall establish procedures applicable to 34 the pilot project conducted pursuant to this Section. The -248- LRB9206615WHmb 1 procedures shall provide for a review of the Commission's 2 survey findings that may be Type "A" or Type "B" violations 3 under this Act requiring immediate correction, the taking of 4 necessary and appropriate action to determine whether such 5 violations exist, and steps to effect corrective action in 6 cooperation with the Commission, or otherwise under this Act, 7 as may be necessary. The Department shall also establish 8 procedures to require the Commission to immediately report to 9 the Department any survey finding that constitutes a 10 condition or occurrence relating to the operation and 11 maintenance of a facility which presents a substantial 12 probability that death or serious mental or physical harm to 13 a resident will result therefrom, so as to enable the 14 Department to take necessary and appropriate action under 15 this Act. 16 (2) This subsection (b) does not limit the Department in 17 performing any inspections or other duties authorized by this 18 Act, or under any contract relating to the medical assistance 19 program administered by the Illinois Department of Human 20 ServicesPublic Aid, or under Title XVIII or Title XIX of the 21 Social Security Act. 22 (3) No facility shall be required to obtain 23 accreditation from the Commission. 24 (c) Participation in the pilot project shall be limited 25 to facilities selected at random by the Director, provided 26 that: 27 (1) facilities shall apply to the Director for 28 selection to participate; 29 (2) facilities which are currently accredited by 30 the Commission may apply to participate; 31 (3) any facility not accredited by the Commission 32 at the time of application to participate in the pilot 33 project shall apply for such accreditation; 34 (4) the number of facilities so selected shall be -249- LRB9206615WHmb 1 no greater than 15% of the total number of long-term care 2 facilities licensed under this Act; 3 (5) the number of facilities so selected shall be 4 divided equally between facilities having fewer than 100 5 beds and facilities having 100 or more beds; 6 (6) facilities so selected shall have been licensed 7 for more than 2 years and shall not have been issued a 8 conditional license within 2 years before applying for 9 participation in the pilot project; and 10 (7) no facilities so selected shall have been 11 issued a notice of a Type "A" violation within one year 12 before applying for participation in the pilot project. 13 (d) Inspections and surveys conducted by the Commission 14 under the pilot project for initial or continued 15 accreditation shall not be announced in advance to the 16 facility being inspected or surveyed, and shall provide for 17 participation in the inspection or survey process by 18 residents of the facility and the public. 19 (e) With respect to any facility accredited by the 20 Commission, the Commission shall submit to the Department 21 copies of: 22 (1) the accreditation award letter; 23 (2) the accreditation report, including 24 recommendations and comments by the Commission; and 25 (3) any correspondence directly related to the 26 accreditation. 27 (f) No facility which is denied initial or continued 28 accreditation by the Commission shall participate in the 29 pilot project. 30 (g) The Director shall meet at least once every 6 months 31 with the director of the Commission's long-term care facility 32 accreditation program to review, coordinate and modify as 33 necessary the services performed by the Commission under the 34 pilot project. On or before June 30, 1993, the Director -250- LRB9206615WHmb 1 shall submit to the Governor and to the General Assembly a 2 report evaluating the pilot project and making any 3 recommendations deemed necessary. 4 (h) This Section does not limit the Department in 5 performing any inspections or other duties authorized by this 6 Act, or under any contract relating to the medical assistance 7 program administered by the Illinois Department of Human 8 ServicesPublic Aid, or under Title XVIII or Title XIX of the 9 Social Security Act. 10 (Source: P.A. 89-171, eff. 7-19-95; 89-381, eff. 8-18-95; 11 89-626, eff. 8-9-96; 90-353, eff. 8-8-97.) 12 (210 ILCS 45/3A-101) 13 Sec. 3A-101. Cooperative arrangements. Not later than 14 June 30, 1996, the Department shall enter into one or more 15 cooperative arrangements with the Illinois Department of 16 Human ServicesPublic Aid, the Department on Aging, the 17 Office of the State Fire Marshal, and any other appropriate 18 entity for the purpose of developing a single survey for 19 nursing facilities, including but not limited to facilities 20 funded under Title XVIII or Title XIX of the federal Social 21 Security Act, or both, which shall be administered and 22 conducted solely by the Department. The Departments shall 23 test the single survey process on a pilot basis, with both 24 the Departments of Public Aid and Public Health represented 25 on the consolidated survey team. The pilot will sunset June 26 30, 1997. After June 30, 1997, unless otherwise determined 27 by the Governor, a single survey shall be implemented by the 28 Department of Public Health which would not preclude staff 29 from the Department of Human ServicesPublic Aidfrom going 30 on-site to nursing facilities to perform necessary audits and 31 reviews which shall not replicate the single State agency 32 survey required by this Act. This Article shall not apply to 33 community or intermediate care facilities for the -251- LRB9206615WHmb 1 developmentally disabled. 2 (Source: P.A. 89-415, eff. 1-1-96.) 3 Section 245. The Home Health Agency Licensing Act is 4 amended by changing Section 11 as follows: 5 (210 ILCS 55/11) (from Ch. 111 1/2, par. 2811) 6 Sec. 11. (a) Each licensee shall file annually, or more 7 often as the Director shall by rule prescribe, an attested 8 financial statement. An audited financial statement may be 9 required of a particular facility, if the Director determines 10 that additional information is needed. 11 (b) No public funds shall be expended for the services 12 of a home health agency which has failed to file the 13 financial statement required by this Section. 14 (c) The Director of the Illinois Department of Public 15 Health and the SecretaryDirector of the Illinois Department16 of Human ServicesPublic Aidshall promulgate one set of 17 regulations for the filing of financial statements, and shall 18 provide in these regulations for forms, information required, 19 intervals and dates of filing, and such other provisions as 20 he may deem necessary. Regulations shall be published in 21 sufficient time to permit those licensees who must first file 22 financial statements time in which to do so. 23 (d) The Director shall seek the advice and comments of 24 other State and Federal agencies which require the submission 25 of financial data from home health agencies licensed under 26 this Act and shall incorporate the information requirements 27 of these agencies into the forms it adopts or issues under 28 this Act and shall otherwise coordinate its regulations with 29 the requirements of these agencies so as to impose the least 30 possible burden on licensees. No other State agency may 31 require submission of financial data except as expressly 32 authorized by law or as necessary to meet requirements of -252- LRB9206615WHmb 1 federal law or regulation. Information obtained under this 2 Section shall be made available, upon request, by the 3 Department to any other State agency or legislative 4 commission to which such information is necessary for 5 investigations or to execute the intent of State or Federal 6 law or regulation. 7 (Source: P.A. 80-804.) 8 Section 250. The Illinois Insurance Code is amended by 9 changing Sections 238, 238.1, 299.1a, 299.1b, 337.1, 352, 10 356b, 356r, 367b, and 512-3 as follows: 11 (215 ILCS 5/238) (from Ch. 73, par. 850) 12 Sec. 238. Exemption. 13 (a) All proceeds payable because of the death of the 14 insured and the aggregate net cash value of any or all life 15 and endowment policies and annuity contracts payable to a 16 wife or husband of the insured, or to a child, parent or 17 other person dependent upon the insured, whether the power to 18 change the beneficiary is reserved to the insured or not, and 19 whether the insured or his estate is a contingent beneficiary 20 or not, shall be exempt from execution, attachment, 21 garnishment or other process, for the debts or liabilities of 22 the insured incurred subsequent to the effective date of this 23 Code, except as to premiums paid in fraud of creditors within 24 the period limited by law for the recovery thereof. 25 (b) Any insurance company doing business in this State 26 and governed by this Code shall encumber or surrender 27 accounts as defined in Section 10-24 of the Illinois Public 28 Aid Code held by the insurance company owned by any 29 responsible relative who is subject to a child support lien, 30 upon notice of the lien or levy by the Illinois Department of 31 Human ServicesPublic Aidor its successor agency pursuant to 32 Section 10-25.5 of the Illinois Public Aid Code, or upon -253- LRB9206615WHmb 1 notice of interstate lien from any other state's agency 2 responsible for implementing the child support enforcement 3 program set forth in Title IV, Part D of the Social Security 4 Act. 5 This Section does not prohibit the furnishing of 6 information in accordance with the federal Personal 7 Responsibility and Work Opportunity Reconciliation Act of 8 1996. Any insurance company governed by this Code shall 9 enter into an agreement for data exchanges with the 10 Department of Human ServicesPublic Aidprovided the 11 Department of Human ServicesPublic Aidpays to the insurance 12 company a reasonable fee not to exceed its actual cost 13 incurred. An insurance company providing information in 14 accordance with this item shall not be liable to any owner of 15 an account as defined in Section 10-24 of the Illinois Public 16 Aid Code or other person for any disclosure of information to 17 the Department of Human ServicesPublic Aid, for encumbering 18 or surrendering any accounts as defined in Section 10-24 of 19 the Illinois Public Aid Code held by the insurance company in 20 response to a lien or order to withhold and deliver issued by 21 a State agency, or for any other action taken pursuant to 22 this item, including individual or mechanical errors, 23 provided the action does not constitute gross negligence or 24 willful misconduct. An insurance company shall have no 25 obligation to hold, encumber, or surrender any accounts as 26 defined in Section 10-24 of the Illinois Public Aid Code 27 until it has been served with a subpoena, summons, warrant, 28 court or administrative order, lien, or levy requiring that 29 action. 30 (Source: P.A. 90-18, eff. 7-1-97.) 31 (215 ILCS 5/238.1) 32 Sec. 238.1. Data exchanges; administrative liens. 33 (a) Any insurance company doing business in the State -254- LRB9206615WHmb 1 and governed by this Code shall enter into an agreement for 2 data exchanges with the Illinois Department of Human Services 3Public Aidfor the purpose of locating accounts as defined in 4 Section 10-24 of the Illinois Public Aid Code of responsible 5 relatives to satisfy past-due child support owed by 6 responsible relatives under an order for support entered by a 7 court or administrative body of this or any other State on 8 behalf of resident or non-resident persons. 9 (b) Notwithstanding any provisions in this Code to the 10 contrary, an insurance company shall not be liable to any 11 person: 12 (1) for any disclosure of information to the 13 Illinois Department of Human ServicesPublic Aidunder 14 subsection (a); 15 (2) for encumbering or surrendering any accounts as 16 defined in Section 10-24 of the Illinois Public Aid Code 17 held by such insurance company in response to a notice of 18 lien or levy issued by the Illinois Department of Human 19 ServicesPublic Aid, or by any other state's child 20 support enforcement agency, as provided for in Section 21 238 of this Code; or 22 (3) for any other action taken in good faith to 23 comply with the requirements of subsection (a). 24 (Source: P.A. 90-18, eff. 7-1-97.) 25 (215 ILCS 5/299.1a) (from Ch. 73, par. 911.1a) 26 Sec. 299.1a. Benefits not Attachable. 27 (a) No money or other charity, relief or aid to be paid, 28 provided or rendered by any society shall be liable to 29 attachment, garnishment or other process or to be seized, 30 taken, appropriated or applied by any legal or equitable 31 process or operation of law to pay any debt or liability of a 32 member or beneficiary, or any other person who may have a 33 right thereunder, either before or after payment by the -255- LRB9206615WHmb 1 society. 2 (b) Any benefit association doing business in this State 3 and governed by this Article XVII shall encumber or surrender 4 accounts as defined in Section 10-24 of the Illinois Public 5 Aid Code held by the benefit association owned by any 6 responsible relative who is subject to a child support lien, 7 upon notice of the lien or levy by the Illinois Department of 8 Human ServicesPublic Aidor its successor agency pursuant to 9 Section 10-25.5 of the Illinois Public Aid Code, or upon 10 notice of interstate lien from any other state's agency 11 responsible for implementing the child support enforcement 12 program set forth in Title IV, Part D of the Social Security 13 Act. 14 This Section shall not prohibit the furnishing of 15 information in accordance with the federal Personal 16 Responsibility and Work Opportunity Reconciliation Act of 17 1996. Any benefit association governed by this Article XVII 18 shall enter into an agreement for data exchanges with the 19 Department of Human ServicesPublic Aidprovided the 20 Department of Human ServicesPublic Aidpays to the benefit 21 association a reasonable fee not to exceed its actual cost 22 incurred. A benefit association providing information in 23 accordance with this item shall not be liable to any account 24 holder or other person for any disclosure of information to a 25 State agency, for encumbering or surrendering any accounts as 26 defined in Section 10-24 of the Illinois Public Aid Code held 27 by the benefit association in response to a lien or order to 28 withhold and deliver issued by a State agency, or for any 29 other action taken pursuant to this item, including 30 individual or mechanical errors, provided the action does not 31 constitute gross negligence or willful misconduct. A benefit 32 association shall have no obligation to hold, encumber, or 33 surrender accounts until it has been served with a subpoena, 34 summons, warrant, court or administrative order, lien, or -256- LRB9206615WHmb 1 levy requiring that action. 2 (Source: P.A. 90-18, eff. 7-1-97.) 3 (215 ILCS 5/299.1b) 4 Sec. 299.1b. Data exchanges; administrative liens. 5 (a) Any benefit association doing business in the State 6 and governed by this Code shall enter into an agreement for 7 data exchanges with the Illinois Department of Human Services 8Public Aidfor the purpose of locating accounts as defined in 9 Section 10-24 of the Illinois Public Aid Code of responsible 10 relatives to satisfy past-due child support owed by 11 responsible relatives under an order for support entered by a 12 court or administrative body of this or any other State on 13 behalf of resident or non-resident persons. 14 (b) Notwithstanding any provisions in this Code to the 15 contrary, a benefit association shall not be liable to any 16 person: 17 (1) for any disclosure of information to the 18 Illinois Department of Human ServicesPublic Aidunder 19 subsection (a); 20 (2) for encumbering or surrendering any accounts as 21 defined in Section 10-24 of the Illinois Public Aid Code 22 held by such benefit association in response to a notice 23 of lien or levy issued by the Illinois Department of 24 Human ServicesPublic Aid, or by any other state's child 25 support enforcement agency, as provided for in Section 26 299.1a of this Code; or 27 (3) for any other action taken in good faith to 28 comply with the requirements of subsection (a). 29 (Source: P.A. 90-18, eff. 7-1-97.) 30 (215 ILCS 5/337.1) 31 Sec. 337.1. Data exchanges; administrative liens. 32 (a) Any benefit association governed by this Article -257- LRB9206615WHmb 1 XVIII shall encumber or surrender accounts as defined in 2 Section 10-24 of the Illinois Public Aid Code held by the 3 benefit association on behalf of any responsible relative who 4 is subject to a child support lien, upon notice of the lien 5 or levy by the Illinois Department of Human ServicesPublic6Aidor its successor agency pursuant to Section 10-25.5 of 7 the Illinois Public Aid Code, or upon notice of interstate 8 lien from any other state's agency responsible for 9 implementing the child support enforcement program set forth 10 in Title IV, Part D of the Social Security Act. 11 (b) This Section shall not prohibit the furnishing of 12 information in accordance with the federal Personal 13 Responsibility and Work Opportunity Reconciliation Act of 14 1996. Any benefit association governed by this Article XVIII 15 shall enter into an agreement for data exchanges with the 16 Department of Human ServicesPublic Aidprovided the 17 Department of Human ServicesPublic Aidpays to the benefit 18 association a reasonable fee not to exceed its actual cost 19 incurred. A benefit association providing information in 20 accordance with this item shall not be liable to any owner of 21 an account as defined in Section 10-24 of the Illinois Public 22 Aid Code or other person for any disclosure of information to 23 the Department of Human ServicesPublic Aid, for encumbering 24 or surrendering any accounts held by the benefit association 25 in response to a lien or order to withhold and deliver issued 26 by the Department of Human ServicesPublic Aid, or for any 27 other action taken pursuant to this item, including 28 individual or mechanical errors, provided the action does not 29 constitute gross negligence or willful misconduct. A benefit 30 association shall have no obligation to hold, encumber, or 31 surrender the accounts or portions thereof as defined in 32 Section 10-24 of the Illinois Public Aid Code until it has 33 been served with a subpoena, summons, warrant, court or 34 administrative order, lien, or levy. -258- LRB9206615WHmb 1 (Source: P.A. 90-18, eff. 7-1-97.) 2 (215 ILCS 5/352) (from Ch. 73, par. 964) 3 Sec. 352. Scope of Article. 4 (a) Except as provided in subsections (b), (c), (d), and 5 (e), this Article shall apply to all companies transacting in 6 this State the kinds of business enumerated in clause (b) of 7 Class 1 and clause (a) of Class 2 of section 4. Nothing in 8 this Article shall apply to, or in any way affect policies or 9 contracts described in clause (a) of Class 1 of Section 4; 10 however, this Article shall apply to policies and contracts 11 which contain benefits providing reimbursement for the 12 expenses of long term health care which are certified or 13 ordered by a physician including but not limited to 14 professional nursing care, custodial nursing care, and 15 non-nursing custodial care provided in a nursing home or at a 16 residence of the insured. 17 (b) This Article does not apply to policies of accident 18 and health insurance issued in compliance with Article XIXB 19 of this Code. 20 (c) A policy issued and delivered in this State that 21 provides coverage under that policy for certificate holders 22 who are neither residents of nor employed in this State does 23 not need to provide to those nonresident certificate holders 24 who are not employed in this State the coverages or services 25 mandated by this Article. 26 (d) Stop-loss insurance is exempt from all Sections of 27 this Article, except this Section and Sections 353a, 354, 28 357.30, and 370. For purposes of this exemption, stop-loss 29 insurance is further defined as follows: 30 (1) The policy must be issued to and insure an 31 employer, trustee, or other sponsor of the plan, or the 32 plan itself, but not employees, members, or participants. 33 (2) Payments by the insurer must be made to the -259- LRB9206615WHmb 1 employer, trustee, or other sponsors of the plan, or the 2 plan itself, but not to the employees, members, 3 participants, or health care providers. 4 (e) A policy issued or delivered in this State to the 5 Illinois Department of Human ServicesPublic Aidand 6 providing coverage, under clause (b) of Class 1 or clause (a) 7 of Class 2 as described in Section 4, to persons who are 8 enrolled in the integrated health care program established 9 under Section 5-16.3 of the Illinois Public Aid Code is 10 exempt from all restrictions, limitations, standards, rules, 11 or regulations respecting benefits imposed by or under 12 authority of this Code, except those specified by subsection 13 (1) of Section 143. Nothing in this subsection, however, 14 affects the total medical services available to persons 15 eligible for medical assistance under the Illinois Public Aid 16 Code. 17 (Source: P.A. 87-435; 87-757; 87-938; 87-956; 88-364; 88-554, 18 eff. 7-26-94.) 19 (215 ILCS 5/356b) (from Ch. 73, par. 968b) 20 Sec. 356b. (a) This Section applies to the hospital and 21 medical expense provisions of an accident or health insurance 22 policy. 23 (b) If a policy provides that coverage of a dependent 24 person terminates upon attainment of the limiting age for 25 dependent persons specified in the policy, the attainment of 26 such limiting age does not operate to terminate the hospital 27 and medical coverage of a person who, because of a 28 handicapped condition that occurred before attainment of the 29 limiting age, is incapable of self-sustaining employment and 30 is dependent on his or her parents or other care providers 31 for lifetime care and supervision. 32 (c) For purposes of subsection (b), "dependent on other 33 care providers" is defined as requiring a Community -260- LRB9206615WHmb 1 Integrated Living Arrangement, group home, supervised 2 apartment, or other residential services licensed or 3 certified by the Department of Human Services (as successor 4 to the DepartmentsDepartmentof Public Aid and Mental Health 5 and Developmental Disabilities), or the Department of Public 6 Health, or the Department of Public Aid. 7 (d) The insurer may inquire of the policyholder 2 months 8 prior to attainment by a dependent of the limiting age set 9 forth in the policy, or at any reasonable time thereafter, 10 whether such dependent is in fact a disabled and dependent 11 person and, in the absence of proof submitted within 60 days 12 of such inquiry that such dependent is a disabled and 13 dependent person may terminate coverage of such person at or 14 after attainment of the limiting age. In the absence of such 15 inquiry, coverage of any disabled and dependent person shall 16 continue through the term of such policy or any extension or 17 renewal thereof. 18 (e) This amendatory Act of 1969 is applicable to 19 policies issued or renewed more than 60 days after the 20 effective date of this amendatory Act of 1969. 21 (Source: P.A. 88-309; 89-507, eff. 7-1-97.) 22 (215 ILCS 5/356r) 23 Sec. 356r. Woman's principal health care provider. 24 (a) An individual or group policy of accident and health 25 insurance or a managed care plan amended, delivered, issued, 26 or renewed in this State after November 14, 1996 that 27 requires an insured or enrollee to designate an individual to 28 coordinate care or to control access to health care services 29 shall also permit a female insured or enrollee to designate a 30 participating woman's principal health care provider, and the 31 insurer or managed care plan shall provide the following 32 written notice to all female insureds or enrollees no later 33 than 120 days after the effective date of this amendatory Act -261- LRB9206615WHmb 1 of 1998; to all new enrollees at the time of enrollment; and 2 thereafter to all existing enrollees at least annually, as a 3 part of a regular publication or informational mailing: 4 "NOTICE TO ALL FEMALE PLAN MEMBERS: 5 YOUR RIGHT TO SELECT A WOMAN'S PRINCIPAL 6 HEALTH CARE PROVIDER. 7 Illinois law allows you to select "a woman's 8 principal health care provider" in addition to your 9 selection of a primary care physician. A woman's 10 principal health care provider is a physician licensed to 11 practice medicine in all its branches specializing in 12 obstetrics or gynecology or specializing in family 13 practice. A woman's principal health care provider may 14 be seen for care without referrals from your primary care 15 physician. If you have not already selected a woman's 16 principal health care provider, you may do so now or at 17 any other time. You are not required to have or to 18 select a woman's principal health care provider. 19 Your woman's principal health care provider must be 20 a part of your plan. You may get the list of 21 participating obstetricians, gynecologists, and family 22 practice specialists from your employer's employee 23 benefits coordinator, or for your own copy of the current 24 list, you may call [insert plan's toll free number]. The 25 list will be sent to you within 10 days after your call. 26 To designate a woman's principal health care provider 27 from the list, call [insert plan's toll free number] and 28 tell our staff the name of the physician you have 29 selected.". 30 If the insurer or managed care plan exercises the option set 31 forth in subsection (a-5), the notice shall also state: 32 "Your plan requires that your primary care physician 33 and your woman's principal health care provider have a 34 referral arrangement with one another. If the woman's -262- LRB9206615WHmb 1 principal health care provider that you select does not 2 have a referral arrangement with your primary care 3 physician, you will have to select a new primary care 4 physician who has a referral arrangement with your 5 woman's principal health care provider or you may select 6 a woman's principal health care provider who has a 7 referral arrangement with your primary care physician. 8 The list of woman's principal health care providers will 9 also have the names of the primary care physicians and 10 their referral arrangements.". 11 No later than 120 days after the effective date of this 12 amendatory Act of 1998, the insurer or managed care plan 13 shall provide each employer who has a policy of insurance or 14 a managed care plan with the insurer or managed care plan 15 with a list of physicians licensed to practice medicine in 16 all its branches specializing in obstetrics or gynecology or 17 specializing in family practice who have contracted with the 18 plan. At the time of enrollment and thereafter within 10 days 19 after a request by an insured or enrollee, the insurer or 20 managed care plan also shall provide this list directly to 21 the insured or enrollee. The list shall include each 22 physician's address, telephone number, and specialty. No 23 insurer or plan formal or informal policy may restrict a 24 female insured's or enrollee's right to designate a woman's 25 principal health care provider, except as set forth in 26 subsection (a-5). If the female enrollee is an enrollee of a 27 managed care plan under contract with the Department of Human 28 ServicesPublic Aid, the physician chosen by the enrollee as 29 her woman's principal health care provider must be a 30 Medicaid-enrolled provider. This requirement does not require 31 a female insured or enrollee to make a selection of a woman's 32 principal health care provider. The female insured or 33 enrollee may designate a physician licensed to practice 34 medicine in all its branches specializing in family practice -263- LRB9206615WHmb 1 as her woman's principal health care provider. 2 (a-5) The insured or enrollee may be required by the 3 insurer or managed care plan to select a woman's principal 4 health care provider who has a referral arrangement with the 5 insured's or enrollee's individual who coordinates care or 6 controls access to health care services if such referral 7 arrangement exists or to select a new individual to 8 coordinate care or to control access to health care services 9 who has a referral arrangement with the woman's principal 10 health care provider chosen by the insured or enrollee, if 11 such referral arrangement exists. If an insurer or a managed 12 care plan requires an insured or enrollee to select a new 13 physician under this subsection (a-5), the insurer or managed 14 care plan must provide the insured or enrollee with both 15 options to select a new physician provided in this subsection 16 (a-5). 17 Notwithstanding a plan's restrictions of the frequency or 18 timing of making designations of primary care providers, a 19 female enrollee or insured who is subject to the selection 20 requirements of this subsection, may, at any time, effect a 21 change in primary care physicians in order to make a 22 selection of a woman's principal health care provider. 23 (a-6) If an insurer or managed care plan exercises the 24 option in subsection (a-5), the list to be provided under 25 subsection (a) shall identify the referral arrangements that 26 exist between the individual who coordinates care or controls 27 access to health care services and the woman's principal 28 health care provider in order to assist the female insured or 29 enrollee to make a selection within the insurer's or managed 30 care plan's requirement. 31 (b) If a female insured or enrollee has designated a 32 woman's principal health care provider, then the insured or 33 enrollee must be given direct access to the woman's principal 34 health care provider for services covered by the policy or -264- LRB9206615WHmb 1 plan without the need for a referral or prior approval. 2 Nothing shall prohibit the insurer or managed care plan from 3 requiring prior authorization or approval from either a 4 primary care provider or the woman's principal health care 5 provider for referrals for additional care or services. 6 (c) For the purposes of this Section the following terms 7 are defined: 8 (1) "Woman's principal health care provider" means 9 a physician licensed to practice medicine in all of its 10 branches specializing in obstetrics or gynecology or 11 specializing in family practice. 12 (2) "Managed care entity" means any entity 13 including a licensed insurance company, hospital or 14 medical service plan, health maintenance organization, 15 limited health service organization, preferred provider 16 organization, third party administrator, an employer or 17 employee organization, or any person or entity that 18 establishes, operates, or maintains a network of 19 participating providers. 20 (3) "Managed care plan" means a plan operated by a 21 managed care entity that provides for the financing of 22 health care services to persons enrolled in the plan 23 through: 24 (A) organizational arrangements for ongoing 25 quality assurance, utilization review programs, or 26 dispute resolution; or 27 (B) financial incentives for persons enrolled 28 in the plan to use the participating providers and 29 procedures covered by the plan. 30 (4) "Participating provider" means a physician who 31 has contracted with an insurer or managed care plan to 32 provide services to insureds or enrollees as defined by 33 the contract. 34 (d) The original provisions of this Section became law -265- LRB9206615WHmb 1 on July 17, 1996 and took effect November 14, 1996, which is 2 120 days after becoming law. 3 (Source: P.A. 89-514; 90-14, eff. 7-1-97; 90-741, eff. 4 8-13-98.) 5 (215 ILCS 5/367b) (from Ch. 73, par. 979b) 6 Sec. 367b. (a) This Section applies to the hospital and 7 medical expense provisions of a group accident or health 8 insurance policy. 9 (b) If a policy provides that coverage of a dependent of 10 an employee or other member of the covered group terminates 11 upon attainment of the limiting age for dependent persons 12 specified in the policy, the attainment of such limiting age 13 does not operate to terminate the hospital and medical 14 coverage of a person who, because of a handicapped condition 15 that occurred before attainment of the limiting age, is 16 incapable of self-sustaining employment and is dependent on 17 his or her parents or other care providers for lifetime care 18 and supervision. 19 (c) For purposes of subsection (b), "dependent on other 20 care providers" is defined as requiring a Community 21 Integrated Living Arrangement, group home, supervised 22 apartment, or other residential services licensed or 23 certified by the Department of Human Services (as successor 24 to the DepartmentsDepartmentof Public Aid and Mental Health 25 and Developmental Disabilities), or the Department of Public 26 Health, or the Department of Public Aid. 27 (d) The insurer may inquire of the person insured 2 28 months prior to attainment by a dependent of the limiting age 29 set forth in the policy, or at any reasonable time 30 thereafter, whether such dependent is in fact a disabled and 31 dependent person and, in the absence of proof submitted 32 within 31 days of such inquiry that such dependent is a 33 disabled and dependent person may terminate coverage of such -266- LRB9206615WHmb 1 person at or after attainment of the limiting age. In the 2 absence of such inquiry, coverage of any disabled and 3 dependent person shall continue through the term of such 4 policy or any extension or renewal. 5 (e) This amendatory Act of 1969 is applicable to 6 policies issued or renewed more than 60 days after the 7 effective date of this amendatory Act of 1969. 8 (Source: P.A. 88-309; 89-507, eff. 7-1-97.) 9 (215 ILCS 5/512-3) (from Ch. 73, par. 1065.59-3) 10 Sec. 512-3. Definitions. For the purposes of this 11 Article, unless the context otherwise requires, the terms 12 defined in this Article have the meanings ascribed to them 13 herein: 14 (a) "Third party prescription program" or "program" 15 means any system of providing for the reimbursement of 16 pharmaceutical services and prescription drug products 17 offered or operated in this State under a contractual 18 arrangement or agreement between a provider of such services 19 and another party who is not the consumer of those services 20 and products. Such programs may include, but need not be 21 limited to, employee benefit plans whereby a consumer 22 receives prescription drugs or other pharmaceutical services 23 and those services are paid for by an agent of the employer 24 or others. 25 (b) "Third party program administrator" or 26 "administrator" means any person, partnership or corporation 27 who issues or causes to be issued any payment or 28 reimbursement to a provider for services rendered pursuant to 29 a third party prescription program, but does not include the 30 SecretaryDirectorof Human ServicesPublic Aidor any agent 31 authorized by the SecretaryDirectorto reimburse a provider 32 of services rendered pursuant to a program of which the 33 Department of Human ServicesPublic Aidis the third party. -267- LRB9206615WHmb 1 (Source: P.A. 90-372, eff. 7-1-98.) 2 Section 255. The Comprehensive Health Insurance Plan Act 3 is amended by changing Section 8 as follows: 4 (215 ILCS 105/8) (from Ch. 73, par. 1308) 5 Sec. 8. Minimum benefits. 6 a. Availability. The Plan shall offer in an annually 7 renewable policy major medical expense coverage to every 8 eligible person who is not eligible for Medicare. Major 9 medical expense coverage offered by the Plan shall pay an 10 eligible person's covered expenses, subject to limit on the 11 deductible and coinsurance payments authorized under 12 paragraph (4) of subsection d of this Section, up to a 13 lifetime benefit limit of $1,000,000 per covered individual. 14 The maximum limit under this subsection shall not be altered 15 by the Board, and no actuarial equivalent benefit may be 16 substituted by the Board. Any person who otherwise would 17 qualify for coverage under the Plan, but is excluded because 18 he or she is eligible for Medicare, shall be eligible for any 19 separate Medicare supplement policy or policies which the 20 Board may offer. 21 b. Outline of benefits. Covered expenses shall be 22 limited to the usual and customary charge, including 23 negotiated fees, in the locality for the following services 24 and articles when prescribed by a physician and determined by 25 the Plan to be medically necessary for the following areas of 26 services, subject to such separate deductibles, co-payments, 27 exclusions, and other limitations on benefits as the Board 28 shall establish and approve, and the other provisions of this 29 Section: 30 (1) Hospital services, except that any services 31 provided by a hospital that is located more than 75 miles 32 outside the State of Illinois shall be covered only for a -268- LRB9206615WHmb 1 maximum of 45 days in any calendar year. With respect to 2 covered expenses incurred during any calendar year ending 3 on or after December 31, 1999, inpatient hospitalization 4 of an eligible person for the treatment of mental illness 5 at a hospital located within the State of Illinois shall 6 be subject to the same terms and conditions as for any 7 other illness. 8 (2) Professional services for the diagnosis or 9 treatment of injuries, illnesses or conditions, other 10 than dental and mental and nervous disorders as described 11 in paragraph (17), which are rendered by a physician, or 12 by other licensed professionals at the physician's 13 direction. This includes reconstruction of the breast on 14 which a mastectomy was performed; surgery and 15 reconstruction of the other breast to produce a 16 symmetrical appearance; and prostheses and treatment of 17 physical complications at all stages of the mastectomy, 18 including lymphedemas. 19 (2.5) Professional services provided by a physician 20 to children under the age of 16 years for physical 21 examinations and age appropriate immunizations ordered by 22 a physician licensed to practice medicine in all its 23 branches. 24 (3) (Blank). 25 (4) Outpatient prescription drugs that by law 26 require a prescription written by a physician licensed to 27 practice medicine in all its branches subject to such 28 separate deductible, copayment, and other limitations or 29 restrictions as the Board shall approve, including the 30 use of a prescription drug card or any other program, or 31 both. 32 (5) Skilled nursing services of a licensed skilled 33 nursing facility for not more than 120 days during a 34 policy year. -269- LRB9206615WHmb 1 (6) Services of a home health agency in accord with 2 a home health care plan, up to a maximum of 270 visits 3 per year. 4 (7) Services of a licensed hospice for not more 5 than 180 days during a policy year. 6 (8) Use of radium or other radioactive materials. 7 (9) Oxygen. 8 (10) Anesthetics. 9 (11) Orthoses and prostheses other than dental. 10 (12) Rental or purchase in accordance with Board 11 policies or procedures of durable medical equipment, 12 other than eyeglasses or hearing aids, for which there is 13 no personal use in the absence of the condition for which 14 it is prescribed. 15 (13) Diagnostic x-rays and laboratory tests. 16 (14) Oral surgery (i) for excision of partially or 17 completely unerupted impacted teeth when not performed in 18 connection with the routine extraction or repair of 19 teeth; (ii) for excision of tumors or cysts of the jaws, 20 cheeks, lips, tongue, and roof and floor of the mouth; 21 (iii) required for correction of cleft lip and palate and 22 other craniofacial and maxillofacial birth defects; or 23 (iv) for treatment of injuries to natural teeth or a 24 fractured jaw due to an accident. 25 (15) Physical, speech, and functional occupational 26 therapy as medically necessary and provided by 27 appropriate licensed professionals. 28 (16) Emergency and other medically necessary 29 transportation provided by a licensed ambulance service 30 to the nearest health care facility qualified to treat a 31 covered illness, injury, or condition, subject to the 32 provisions of the Emergency Medical Systems (EMS) Act. 33 (17) Outpatient services for diagnosis and 34 treatment of mental and nervous disorders provided that a -270- LRB9206615WHmb 1 covered person shall be required to make a copayment not 2 to exceed 50% and that the Plan's payment shall not 3 exceed such amounts as are established by the Board. 4 (18) Human organ or tissue transplants specified by 5 the Board that are performed at a hospital designated by 6 the Board as a participating transplant center for that 7 specific organ or tissue transplant. 8 (19) Naprapathic services, as appropriate, provided 9 by a licensed naprapathic practitioner. 10 c. Exclusions. Covered expenses of the Plan shall not 11 include the following: 12 (1) Any charge for treatment for cosmetic purposes 13 other than for reconstructive surgery when the service is 14 incidental to or follows surgery resulting from injury, 15 sickness or other diseases of the involved part or 16 surgery for the repair or treatment of a congenital 17 bodily defect to restore normal bodily functions. 18 (2) Any charge for care that is primarily for rest, 19 custodial, educational, or domiciliary purposes. 20 (3) Any charge for services in a private room to 21 the extent it is in excess of the institution's charge 22 for its most common semiprivate room, unless a private 23 room is prescribed as medically necessary by a physician. 24 (4) That part of any charge for room and board or 25 for services rendered or articles prescribed by a 26 physician, dentist, or other health care personnel that 27 exceeds the reasonable and customary charge in the 28 locality or for any services or supplies not medically 29 necessary for the diagnosed injury or illness. 30 (5) Any charge for services or articles the 31 provision of which is not within the scope of licensure 32 of the institution or individual providing the services 33 or articles. 34 (6) Any expense incurred prior to the effective -271- LRB9206615WHmb 1 date of coverage by the Plan for the person on whose 2 behalf the expense is incurred. 3 (7) Dental care, dental surgery, dental treatment, 4 any other dental procedure involving the teeth or 5 periodontium, or any dental appliances, including crowns, 6 bridges, implants, or partial or complete dentures, 7 except as specifically provided in paragraph (14) of 8 subsection b of this Section. 9 (8) Eyeglasses, contact lenses, hearing aids or 10 their fitting. 11 (9) Illness or injury due to acts of war. 12 (10) Services of blood donors and any fee for 13 failure to replace the first 3 pints of blood provided to 14 a covered person each policy year. 15 (11) Personal supplies or services provided by a 16 hospital or nursing home, or any other nonmedical or 17 nonprescribed supply or service. 18 (12) Routine maternity charges for a pregnancy, 19 except where added as optional coverage with payment of 20 an additional premium for pregnancy resulting from 21 conception occurring after the effective date of the 22 optional coverage. 23 (13) (Blank). 24 (14) Any expense or charge for services, drugs, or 25 supplies that are: (i) not provided in accord with 26 generally accepted standards of current medical practice; 27 (ii) for procedures, treatments, equipment, transplants, 28 or implants, any of which are investigational, 29 experimental, or for research purposes; (iii) 30 investigative and not proven safe and effective; or (iv) 31 for, or resulting from, a gender transformation 32 operation. 33 (15) Any expense or charge for routine physical 34 examinations or tests except as provided in item (2.5) of -272- LRB9206615WHmb 1 subsection b of this Section. 2 (16) Any expense for which a charge is not made in 3 the absence of insurance or for which there is no legal 4 obligation on the part of the patient to pay. 5 (17) Any expense incurred for benefits provided 6 under the laws of the United States and this State, 7 including Medicare, Medicaid, and other medical 8 assistance, maternal and child health services and any 9 other program that is administered or funded by the 10 Department of Human Services, Department of Public Aid,11 or Department of Public Health, military 12 service-connected disability payments, medical services 13 provided for members of the armed forces and their 14 dependents or employees of the armed forces of the United 15 States, and medical services financed on behalf of all 16 citizens by the United States. 17 (18) Any expense or charge for in vitro 18 fertilization, artificial insemination, or any other 19 artificial means used to cause pregnancy. 20 (19) Any expense or charge for oral contraceptives 21 used for birth control or any other temporary birth 22 control measures. 23 (20) Any expense or charge for sterilization or 24 sterilization reversals. 25 (21) Any expense or charge for weight loss 26 programs, exercise equipment, or treatment of obesity, 27 except when certified by a physician as morbid obesity 28 (at least 2 times normal body weight). 29 (22) Any expense or charge for acupuncture 30 treatment unless used as an anesthetic agent for a 31 covered surgery. 32 (23) Any expense or charge for or related to organ 33 or tissue transplants other than those performed at a 34 hospital with a Board approved organ transplant program -273- LRB9206615WHmb 1 that has been designated by the Board as a preferred or 2 exclusive provider organization for that specific organ 3 or tissue transplant. 4 (24) Any expense or charge for procedures, 5 treatments, equipment, or services that are provided in 6 special settings for research purposes or in a controlled 7 environment, are being studied for safety, efficiency, 8 and effectiveness, and are awaiting endorsement by the 9 appropriate national medical speciality college for 10 general use within the medical community. 11 d. Deductibles and coinsurance. 12 The Plan coverage defined in Section 6 shall provide for 13 a choice of deductibles per individual as authorized by the 14 Board. If 2 individual members of the same family household, 15 who are both covered persons under the Plan, satisfy the same 16 applicable deductibles, no other member of that family who is 17 also a covered person under the Plan shall be required to 18 meet any deductibles for the balance of that calendar year. 19 The deductibles must be applied first to the authorized 20 amount of covered expenses incurred by the covered person. A 21 mandatory coinsurance requirement shall be imposed at the 22 rate authorized by the Board in excess of the mandatory 23 deductible, the coinsurance in the aggregate not to exceed 24 such amounts as are authorized by the Board per annum. At 25 its discretion the Board may, however, offer catastrophic 26 coverages or other policies that provide for larger 27 deductibles with or without coinsurance requirements. The 28 deductibles and coinsurance factors may be adjusted annually 29 according to the Medical Component of the Consumer Price 30 Index. 31 e. Scope of coverage. 32 (1) In approving any of the benefit plans to be 33 offered by the Plan, the Board shall establish such 34 benefit levels, deductibles, coinsurance factors, -274- LRB9206615WHmb 1 exclusions, and limitations as it may deem appropriate 2 and that it believes to be generally reflective of and 3 commensurate with health insurance coverage that is 4 provided in the individual market in this State. 5 (2) The benefit plans approved by the Board may 6 also provide for and employ various cost containment 7 measures and other requirements including, but not 8 limited to, preadmission certification, prior approval, 9 second surgical opinions, concurrent utilization review 10 programs, individual case management, preferred provider 11 organizations, health maintenance organizations, and 12 other cost effective arrangements for paying for covered 13 expenses. 14 f. Preexisting conditions. 15 (1) Except for federally eligible individuals 16 qualifying for Plan coverage under Section 15 of this 17 Act, plan coverage shall exclude charges or expenses 18 incurred during the first 6 months following the 19 effective date of coverage as to any condition for which 20 medical advice, care or treatment was recommended or 21 received during the 6 month period immediately preceding 22 the effective date of coverage. 23 (2) (Blank). 24 (3) (Blank). 25 g. Other sources primary; nonduplication of benefits. 26 (1) The Plan shall be the last payor of benefits 27 whenever any other benefit or source of third party 28 payment is available. Subject to the provisions of 29 subsection e of Section 7, benefits otherwise payable 30 under Plan coverage shall be reduced by all amounts paid 31 or payable by Medicare or any other government program or 32 through any health insurance coverage or group health 33 plan, whether by insurance, reimbursement, or otherwise, 34 or through any third party liability, settlement, -275- LRB9206615WHmb 1 judgment, or award, regardless of the date of the 2 settlement, judgment, or award, whether the settlement, 3 judgment, or award is in the form of a contract, 4 agreement, or trust on behalf of a minor or otherwise and 5 whether the settlement, judgment, or award is payable to 6 the covered person, his or her dependent, estate, 7 personal representative, or guardian in a lump sum or 8 over time, and by all hospital or medical expense 9 benefits paid or payable under any worker's compensation 10 coverage, automobile medical payment, or liability 11 insurance, whether provided on the basis of fault or 12 nonfault, and by any hospital or medical benefits paid or 13 payable under or provided pursuant to any State or 14 federal law or program. 15 (2) The Plan shall have a cause of action against 16 any covered person or any other person or entity for the 17 recovery of any amount paid to the extent the amount was 18 for treatment, services, or supplies not covered in this 19 Section or in excess of benefits as set forth in this 20 Section. 21 (3) Whenever benefits are due from the Plan because 22 of sickness or an injury to a covered person resulting 23 from a third party's wrongful act or negligence and the 24 covered person has recovered or may recover damages from 25 a third party or its insurer, the Plan shall have the 26 right to reduce benefits or to refuse to pay benefits 27 that otherwise may be payable by the amount of damages 28 that the covered person has recovered or may recover 29 regardless of the date of the sickness or injury or the 30 date of any settlement, judgment, or award resulting from 31 that sickness or injury. 32 During the pendency of any action or claim that is 33 brought by or on behalf of a covered person against a 34 third party or its insurer, any benefits that would -276- LRB9206615WHmb 1 otherwise be payable except for the provisions of this 2 paragraph (3) shall be paid if payment by or for the 3 third party has not yet been made and the covered person 4 or, if incapable, that person's legal representative 5 agrees in writing to pay back promptly the benefits paid 6 as a result of the sickness or injury to the extent of 7 any future payments made by or for the third party for 8 the sickness or injury. This agreement is to apply 9 whether or not liability for the payments is established 10 or admitted by the third party or whether those payments 11 are itemized. 12 Any amounts due the plan to repay benefits may be 13 deducted from other benefits payable by the Plan after 14 payments by or for the third party are made. 15 (4) Benefits due from the Plan may be reduced or 16 refused as an offset against any amount otherwise 17 recoverable under this Section. 18 h. Right of subrogation; recoveries. 19 (1) Whenever the Plan has paid benefits because of 20 sickness or an injury to any covered person resulting 21 from a third party's wrongful act or negligence, or for 22 which an insurer is liable in accordance with the 23 provisions of any policy of insurance, and the covered 24 person has recovered or may recover damages from a third 25 party that is liable for the damages, the Plan shall have 26 the right to recover the benefits it paid from any 27 amounts that the covered person has received or may 28 receive regardless of the date of the sickness or injury 29 or the date of any settlement, judgment, or award 30 resulting from that sickness or injury. The Plan shall 31 be subrogated to any right of recovery the covered person 32 may have under the terms of any private or public health 33 care coverage or liability coverage, including coverage 34 under the Workers' Compensation Act or the Workers' -277- LRB9206615WHmb 1 Occupational Diseases Act, without the necessity of 2 assignment of claim or other authorization to secure the 3 right of recovery. To enforce its subrogation right, the 4 Plan may (i) intervene or join in an action or proceeding 5 brought by the covered person or his personal 6 representative, including his guardian, conservator, 7 estate, dependents, or survivors, against any third party 8 or the third party's insurer that may be liable or (ii) 9 institute and prosecute legal proceedings against any 10 third party or the third party's insurer that may be 11 liable for the sickness or injury in an appropriate court 12 either in the name of the Plan or in the name of the 13 covered person or his personal representative, including 14 his guardian, conservator, estate, dependents, or 15 survivors. 16 (2) If any action or claim is brought by or on 17 behalf of a covered person against a third party or the 18 third party's insurer, the covered person or his personal 19 representative, including his guardian, conservator, 20 estate, dependents, or survivors, shall notify the Plan 21 by personal service or registered mail of the action or 22 claim and of the name of the court in which the action or 23 claim is brought, filing proof thereof in the action or 24 claim. The Plan may, at any time thereafter, join in the 25 action or claim upon its motion so that all orders of 26 court after hearing and judgment shall be made for its 27 protection. No release or settlement of a claim for 28 damages and no satisfaction of judgment in the action 29 shall be valid without the written consent of the Plan to 30 the extent of its interest in the settlement or judgment 31 and of the covered person or his personal representative. 32 (3) In the event that the covered person or his 33 personal representative fails to institute a proceeding 34 against any appropriate third party before the fifth -278- LRB9206615WHmb 1 month before the action would be barred, the Plan may, in 2 its own name or in the name of the covered person or 3 personal representative, commence a proceeding against 4 any appropriate third party for the recovery of damages 5 on account of any sickness, injury, or death to the 6 covered person. The covered person shall cooperate in 7 doing what is reasonably necessary to assist the Plan in 8 any recovery and shall not take any action that would 9 prejudice the Plan's right to recovery. The Plan shall 10 pay to the covered person or his personal representative 11 all sums collected from any third party by judgment or 12 otherwise in excess of amounts paid in benefits under the 13 Plan and amounts paid or to be paid as costs, attorneys 14 fees, and reasonable expenses incurred by the Plan in 15 making the collection or enforcing the judgment. 16 (4) In the event that a covered person or his 17 personal representative, including his guardian, 18 conservator, estate, dependents, or survivors, recovers 19 damages from a third party for sickness or injury caused 20 to the covered person, the covered person or the personal 21 representative shall pay to the Plan from the damages 22 recovered the amount of benefits paid or to be paid on 23 behalf of the covered person. 24 (5) When the action or claim is brought by the 25 covered person alone and the covered person incurs a 26 personal liability to pay attorney's fees and costs of 27 litigation, the Plan's claim for reimbursement of the 28 benefits provided to the covered person shall be the full 29 amount of benefits paid to or on behalf of the covered 30 person under this Act less a pro rata share that 31 represents the Plan's reasonable share of attorney's fees 32 paid by the covered person and that portion of the cost 33 of litigation expenses determined by multiplying by the 34 ratio of the full amount of the expenditures to the full -279- LRB9206615WHmb 1 amount of the judgement, award, or settlement. 2 (6) In the event of judgment or award in a suit or 3 claim against a third party or insurer, the court shall 4 first order paid from any judgement or award the 5 reasonable litigation expenses incurred in preparation 6 and prosecution of the action or claim, together with 7 reasonable attorney's fees. After payment of those 8 expenses and attorney's fees, the court shall apply out 9 of the balance of the judgment or award an amount 10 sufficient to reimburse the Plan the full amount of 11 benefits paid on behalf of the covered person under this 12 Act, provided the court may reduce and apportion the 13 Plan's portion of the judgement proportionate to the 14 recovery of the covered person. The burden of producing 15 evidence sufficient to support the exercise by the court 16 of its discretion to reduce the amount of a proven charge 17 sought to be enforced against the recovery shall rest 18 with the party seeking the reduction. The court may 19 consider the nature and extent of the injury, economic 20 and non-economic loss, settlement offers, comparative 21 negligence as it applies to the case at hand, hospital 22 costs, physician costs, and all other appropriate costs. 23 The Plan shall pay its pro rata share of the attorney 24 fees based on the Plan's recovery as it compares to the 25 total judgment. Any reimbursement rights of the Plan 26 shall take priority over all other liens and charges 27 existing under the laws of this State with the exception 28 of any attorney liens filed under the Attorneys Lien Act. 29 (7) The Plan may compromise or settle and release 30 any claim for benefits provided under this Act or waive 31 any claims for benefits, in whole or in part, for the 32 convenience of the Plan or if the Plan determines that 33 collection would result in undue hardship upon the 34 covered person. -280- LRB9206615WHmb 1 (Source: P.A. 90-7, eff. 6-10-97; 90-30, eff. 7-1-97; 90-655, 2 eff. 7-30-98; 91-639, eff. 8-20-99; 91-735, eff. 6-2-00.) 3 Section 260. The Children's Health Insurance Program Act 4 is amended by changing Section 10 and 15 as follows: 5 (215 ILCS 106/10) 6 (Section scheduled to be repealed on July 1, 2002) 7 Sec. 10. Definitions. As used in this Act: 8 "Benchmarking" means health benefits coverage as defined 9 in Section 2103 of the Social Security Act. 10 "Child" means a person under the age of 19. 11 "Department" means the Department of Human Services 12Public Aid. 13 "Medical assistance" means health care benefits provided 14 under Article V of the Illinois Public Aid Code. 15 "Medical visit" means a hospital, dental, physician, 16 optical, or other health care visit where services are 17 provided pursuant to this Act. 18 "Program" means the Children's Health Insurance Program, 19 which includes subsidizing the cost of privately sponsored 20 health insurance and purchasing or providing health care 21 benefits for eligible children. 22 "Resident" means a person who meets the residency 23 requirements as defined in Section 5-3 of the Illinois Public 24 Aid Code. 25 (Source: P.A. 90-736, eff. 8-12-98.) 26 (215 ILCS 106/15) 27 (Section scheduled to be repealed on July 1, 2002) 28 Sec. 15. Operation of the Program. There is hereby 29 created a Children's Health Insurance Program. The Program 30 shall operate subject to appropriation and shall be 31 administered by the Department of Human ServicesPublic Aid. -281- LRB9206615WHmb 1 The Department shall have the powers and authority granted to 2 the Department under the Illinois Public Aid Code. The 3 Department may contract with a Third Party Administrator or 4 other entities to administer and oversee any portion of this 5 Program. 6 (Source: P.A. 90-736, eff. 8-12-98.) 7 Section 265. The Health Maintenance Organization Act is 8 amended by changing Section 2-1, 4-9.1, 4-17, and 6-8 as 9 follows: 10 (215 ILCS 125/2-1) (from Ch. 111 1/2, par. 1403) 11 Sec. 2-1. Certificate of authority - Exception for 12 corporate employee programs - Applications - Material 13 modification of operation. 14 (a) No organization shall establish or operate a Health 15 Maintenance Organization in this State without obtaining a 16 certificate of authority under this Act. No person other 17 than an organization may lawfully establish or operate a 18 Health Maintenance Organization in this State. This Act 19 shall not apply to the establishment and operation of a 20 Health Maintenance Organization exclusively providing or 21 arranging for health care services to employees of a 22 corporate affiliate of such Health Maintenance Organization. 23 This exclusion shall be available only to those Health 24 Maintenance Organizations which require employee 25 contributions which equal less than 50% of the total cost of 26 the health care plan, with the remainder of the cost being 27 paid by the corporate affiliate which is the employer of the 28 participants in the plan. This Act shall not apply to the 29 establishment and operation of a Health Maintenance 30 Organization exclusively providing or arranging health care 31 services under contract with the State to persons committed 32 to the custody of the Illinois Department of Corrections. -282- LRB9206615WHmb 1 This Act does not apply to the establishment and operation of 2 (i) a managed care community network providing or arranging 3 health care services under contract with the State 4 exclusively to persons who are enrolled in the integrated 5 health care program established under Section 5-16.3 of the 6 Illinois Public Aid Code or (ii) a managed care community 7 network owned, operated, or governed by a county provider as 8 defined in Section 15-1 of that Code. 9 This Act does not apply to the establishment and 10 operation of managed care community networks that are 11 certified as risk-bearing entities under Section 5-11 of the 12 Illinois Public Aid Code and that contract with the Illinois 13 Department of Human ServicesPublic Aidpursuant to that 14 Section. 15 (b) Any organization may apply to the Director for and 16 obtain a certificate of authority to establish and operate a 17 Health Maintenance Organization in compliance with this Act. 18 A foreign corporation may qualify under this Act, subject to 19 its registration to do business in this State as a foreign 20 corporation. 21 (c) Each application for a certificate of authority 22 shall be filed in triplicate and verified by an officer or 23 authorized representative of the applicant, shall be in a 24 form prescribed by the Director, and shall set forth, without 25 limiting what may be required by the Director, the following: 26 (1) A copy of the organizational document; 27 (2) A copy of the bylaws, rules and regulations, or 28 similar document regulating the conduct of the internal 29 affairs of the applicant, which shall include a mechanism 30 to afford the enrollees an opportunity to participate in 31 an advisory capacity in matters of policy and operations; 32 (3) A list of the names, addresses, and official 33 positions of the persons who are to be responsible for 34 the conduct of the affairs of the applicant; including, -283- LRB9206615WHmb 1 but not limited to, all members of the board of 2 directors, executive committee, the principal officers, 3 and any person or entity owning or having the right to 4 acquire 10% or more of the voting securities or 5 subordinated debt of the applicant; 6 (4) A statement generally describing the applicant, 7 geographic area to be served, its facilities, personnel 8 and the health care services to be offered; 9 (5) A copy of the form of any contract made or to 10 be made between the applicant and any providers regarding 11 the provision of health care services to enrollees; 12 (6) A copy of the form of any contract made or to 13 be made between the applicant and any person listed in 14 paragraph (3) of this subsection; 15 (7) A copy of the form of any contract made or to 16 be made between the applicant and any person, 17 corporation, partnership or other entity for the 18 performance on the applicant's behalf of any functions 19 including, but not limited to, marketing, administration, 20 enrollment, investment management and subcontracting for 21 the provision of health services to enrollees; 22 (8) A copy of the form of any group contract which 23 is to be issued to employers, unions, trustees, or other 24 organizations and a copy of any form of evidence of 25 coverage to be issued to any enrollee or subscriber and 26 any advertising material; 27 (9) Descriptions of the applicant's procedures for 28 resolving enrollee grievances which must include 29 procedures providing for enrollees participation in the 30 resolution of grievances; 31 (10) A copy of the applicant's most recent 32 financial statements audited by an independent certified 33 public accountant. If the financial affairs of the 34 applicant's parent company are audited by an independent -284- LRB9206615WHmb 1 certified public accountant but those of the applicant 2 are not, then a copy of the most recent audited financial 3 statement of the applicant's parent, attached to which 4 shall be consolidating financial statements of the parent 5 including separate unaudited financial statements of the 6 applicant, unless the Director determines that additional 7 or more recent financial information is required for the 8 proper administration of this Act; 9 (11) A copy of the applicant's financial plan, 10 including a three-year projection of anticipated 11 operating results, a statement of the sources of working 12 capital, and any other sources of funding and provisions 13 for contingencies; 14 (12) A description of rate methodology; 15 (13) A description of the proposed method of 16 marketing; 17 (14) A copy of every filing made with the Illinois 18 Secretary of State which relates to the applicant's 19 registered agent or registered office; 20 (15) A description of the complaint procedures to 21 be established and maintained as required under Section 22 4-6 of this Act; 23 (16) A description, in accordance with regulations 24 promulgated by the Illinois Department of Public Health, 25 of the quality assessment and utilization review 26 procedures to be utilized by the applicant; 27 (17) The fee for filing an application for issuance 28 of a certificate of authority provided in Section 408 of 29 the Illinois Insurance Code, as now or hereafter amended; 30 and 31 (18) Such other information as the Director may 32 reasonably require to make the determinations required by 33 this Act. 34 (Source: P.A. 90-618, eff. 7-10-98.) -285- LRB9206615WHmb 1 (215 ILCS 125/4-9.1) (from Ch. 111 1/2, par. 1409.2-1) 2 Sec. 4-9.1. Dependent Coverage Termination. 3 (a) The attainment of a limiting age under a group 4 contract or evidence of coverage which provides that coverage 5 of a dependent person of an enrollee shall terminate upon 6 attainment of the limiting age for dependent persons does not 7 operate to terminate the coverage of a person who, because of 8 a handicapped condition that occurred before attainment of 9 the limiting age, is incapable of self-sustaining employment 10 and is dependent on his or her parents or other care 11 providers for lifetime care and supervision. 12 (b) For purposes of subsection (a), "dependent on other 13 care providers" is defined as requiring a Community 14 Integrated Living Arrangement, group home, supervised 15 apartment, or other residential services licensed or 16 certified by the Department of Human Services (as successor 17 to the DepartmentsDepartmentof Public Aid and Mental Health 18 and Developmental Disabilities) or,the Department of Public 19 Health, or the Department of Public Aid. 20 (c) Proof of such incapacity and dependency shall be 21 furnished to the health maintenance organization by the 22 enrollee within 31 days of a request for the information by 23 the health maintenance organization and subsequently as may 24 be required by the health maintenance organization, but not 25 more frequently than annually. In the absence of proof 26 submitted within 31 days of such inquiry that such dependent 27 is a disabled and dependent person, the health maintenance 28 organization may terminate coverage of such person at or 29 after attainment of the limiting age. In the absence of such 30 inquiry, coverage of any disabled and dependent person shall 31 continue through the term of the group contract or evidence 32 of coverage or any extension or renewal thereof. 33 (Source: P.A. 88-309; 89-507, eff. 7-1-97.) -286- LRB9206615WHmb 1 (215 ILCS 125/4-17) 2 Sec. 4-17. Basic outpatient preventive and primary health 3 care services for children. In order to attempt to address 4 the needs of children in Illinois (i) without health care 5 coverage, either through a parent's employment, through 6 medical assistance under the Illinois Public Aid Code, or any 7 other health plan or (ii) who lose medical assistance if and 8 when their parents move from welfare to work and do not find 9 employment that offers health care coverage, a health 10 maintenance organization may undertake to provide or arrange 11 for and to pay for or reimburse the cost of basic outpatient 12 preventive and primary health care services. The Department 13 shall promulgate rules to establish minimum coverage and 14 disclosure requirements. These requirements at a minimum 15 shall include routine physical examinations and 16 immunizations, sick visits, diagnostic x-rays and laboratory 17 services, and emergency outpatient services. Coverage may 18 also include preventive dental services, vision screening and 19 one pair of eyeglasses, prescription drugs, and mental health 20 services. The coverage may include any reasonable 21 co-payments, deductibles, and benefit maximums subject to 22 limitations established by the Director by rule. Coverage 23 shall be limited to children who are 18 years of age or 24 under, who have resided in the State of Illinois for at least 25 30 days, and who do not qualify for medical assistance under 26 the Illinois Public Aid Code. Any such coverage shall be 27 made available to an adult on behalf of such children and 28 shall not be funded through State appropriations. In 29 counties with populations in excess of 3,000,000, the 30 Director shall not approve any arrangement under this Section 31 unless and until an arrangement for at least one health 32 maintenance organization under contract with the Illinois 33 Department of Human ServicesPublic Aidfor furnishing health 34 services pursuant to Section 5-11 of the Illinois Public Aid -287- LRB9206615WHmb 1 Code and for which the requirements of 42 CFR 434.26(a) have 2 been waived is approved. 3 (Source: P.A. 90-376, eff. 8-14-97; 90-655, eff. 7-30-98.) 4 (215 ILCS 125/6-8) (from Ch. 111 1/2, par. 1418.8) 5 Sec. 6-8. Powers and duties of the Association. In 6 addition to the powers and duties enumerated in other 7 Sections of this Article, the Association shall have the 8 powers set forth in this Section. 9 (1) If a domestic organization is an impaired 10 organization, the Association may, subject to any conditions 11 imposed by the Association other than those which impair the 12 contractual obligations of the impaired organization, and 13 approved by the impaired organization and the Director: 14 (a) guarantee or reinsure, or cause to be 15 guaranteed, assumed or reinsured, any or all of the 16 covered health care plan certificates of covered persons 17 of the impaired organization; 18 (b) provide such monies, pledges, notes, 19 guarantees, or other means as are proper to effectuate 20 paragraph (a), and assure payment of the contractual 21 obligations of the impaired organization pending action 22 under paragraph (a); and 23 (c) loan money to the impaired organization. 24 (2) If a domestic, foreign, or alien organization is an 25 insolvent organization, the Association shall, subject to the 26 approval of the Director: 27 (a) guarantee, assume, indemnify or reinsure or 28 cause to be guaranteed, assumed, indemnified or reinsured 29 the covered health care plan benefits of covered persons 30 of the insolvent organization; however, in the event that 31 the SecretaryDirector of the Departmentof Human 32 ServicesPublic Aidassigns individuals that are 33 recipients of public aid from an insolvent organization -288- LRB9206615WHmb 1 to another organization, the SecretaryDirector of the2Departmentof Human ServicesPublic Aidshall, before 3 fixing the rates to be paid by the Department of Human 4 ServicesPublic Aidto the transferee organization on 5 account of such individuals, consult with the Director of 6 the Department of Insurance as to the reasonableness of 7 such rates in light of the health care needs of such 8 individuals and the costs of providing health care 9 services to such individuals; 10 (b) assure payment of the contractual obligations 11 of the insolvent organization to covered persons; 12 (c) make payments to providers of health care, or 13 indemnity payments to covered persons, so as to assure 14 the continued payment of benefits substantially similar 15 to those provided for under covered health care plan 16 certificate issued by the insolvent organization to 17 covered persons; and 18 (d) provide such monies, pledges, notes, 19 guaranties, or other means as are reasonably necessary to 20 discharge such duties. 21 This subsection (2) shall not apply when the Director has 22 determined that the foreign or alien organization's 23 domiciliary jurisdiction or state of entry provides, by 24 statute, protection substantially similar to that provided by 25 this Article for residents of this State and such protection 26 will be provided in a timely manner. 27 (3) There shall be no liability on the part of and no 28 cause of action shall arise against the Association or 29 against any transferee from the Association in connection 30 with the transfer by reinsurance or otherwise of all or any 31 part of an impaired or insolvent organization's business by 32 reason of any action taken or any failure to take any action 33 by the impaired or insolvent organization at any time. 34 (4) If the Association fails to act within a reasonable -289- LRB9206615WHmb 1 period of time as provided in subsection (2) of this Section 2 with respect to an insolvent organization, the Director shall 3 have the powers and duties of the Association under this 4 Article with regard to such insolvent organization. 5 (5) The Association or its designated representatives 6 may render assistance and advice to the Director, upon his 7 request, concerning rehabilitation, payment of claims, 8 continuations of coverage, or the performance of other 9 contractual obligations of any impaired or insolvent 10 organization. 11 (6) The Association has standing to appear before any 12 court concerning all matters germane to the powers and duties 13 of the Association, including, but not limited to, proposals 14 for reinsuring or guaranteeing the covered health care plan 15 certificates of the impaired or insolvent organization and 16 the determination of the covered health care plan 17 certificates and contractual obligations. 18 (7) (a) Any person receiving benefits under this Article 19 is deemed to have assigned the rights under the covered 20 health care plan certificates to the Association to the 21 extent of the benefits received because of this Article 22 whether the benefits are payments of contractual obligations 23 or continuation of coverage. The Association may require an 24 assignment to it of such rights by any payee, enrollee or 25 beneficiary as a condition precedent to the receipt of any 26 rights or benefits conferred by this Article upon such 27 person. The Association is subrogated to these rights 28 against the assets of any insolvent organization and against 29 any other party who may be liable to such payee, enrollee or 30 beneficiary. 31 (b) The subrogation rights of the Association under this 32 subsection have the same priority against the assets of the 33 insolvent organization as that possessed by the person 34 entitled to receive benefits under this Article. -290- LRB9206615WHmb 1 (8) (a) The contractual obligations of the insolvent 2 organization for which the Association becomes or may become 3 liable are as great as but no greater than the contractual 4 obligations of the insolvent organization would have been in 5 the absence of an insolvency unless such obligations are 6 reduced as permitted by subsection (3), but the aggregate 7 liability of the Association shall not exceed $300,000 with 8 respect to any one natural person. 9 (b) Furthermore, the Association shall not be required 10 to pay, and shall have no liability to, any provider of 11 health care services to an enrollee: 12 (i) if such provider, or his or its affiliates or 13 members of his immediate family, at any time within the 14 one year prior to the date of the issuance of the first 15 order, by a court of competent jurisdiction, of 16 conservation, rehabilitation or liquidation pertaining to 17 the health maintenance organization: 18 (A) was a securityholder of such organization 19 (but excluding any securityholder holding an equity 20 interest of 5% or less); 21 (B) exercised control over the organization by 22 means such as serving as an officer or director, 23 through a management agreement or as a principal 24 member of a not-for-profit organization; 25 (C) had a representative serving by virtue or 26 his or her official position as a representative of 27 such provider on the board of any entity which 28 exercised control over the organization; 29 (D) received provider payments made by such 30 organization pursuant to a contract which was not a 31 product of arms-length bargaining; or 32 (E) received distributions other than for 33 physician services from a not-for-profit 34 organization on account of such provider's status as -291- LRB9206615WHmb 1 a member of such organization. 2 For purposes of this subparagraph (i), the terms 3 "affiliate," "person," "control" and "securityholder" 4 shall have the meanings ascribed to such terms in Section 5 131.1 of the Illinois Insurance Code; or 6 (ii) if and to the extent such a provider has 7 agreed by contract not to seek payment from the enrollee 8 for services provided to such enrollee or if, and to the 9 extent, as a matter of law such provider may not seek 10 payment from the enrollee for services provided to such 11 enrollee. 12 (c) In no event shall the Association be required to pay 13 any provider participating in the insolvent organization any 14 amount for in-plan services rendered by such provider prior 15 to the insolvency of the organization in excess of (1) the 16 amount provided by a capitation contract between a physician 17 provider and the insolvent organization for such services; or 18 (2) the amounts provided by contract between a hospital 19 provider and the Department of Human ServicesPublic Aidfor 20 similar services to recipients of public aid; or (3) in the 21 event neither (1) nor (2) above is applicable, then the 22 amounts paid under the Medicare area prevailing rate for the 23 area where the services were provided, or if no such rate 24 exists with respect to such services, then 80% of the usual 25 and customary rates established by the Health Insurance 26 Association of America. The payments required to be made by 27 the Association under this Section shall constitute full and 28 complete payment for such provider services to the enrollee. 29 (d) The Association shall not be required to pay more 30 than an aggregate of $300,000 for any organization which is 31 declared to be insolvent prior to July 1, 1987, and such 32 funds shall be distributed first to enrollees who are not 33 public aid recipients pursuant to a plan recommended by the 34 Association and approved by the Director and the court having -292- LRB9206615WHmb 1 jurisdiction over the liquidation. 2 (9) The Association may: 3 (a) Enter into such contracts as are necessary or 4 proper to carry out the provisions and purposes of this 5 Article. 6 (b) Sue or be sued, including taking any legal 7 actions necessary or proper for recovery of any unpaid 8 assessments under Section 6-9. The Association shall not 9 be liable for punitive or exemplary damages. 10 (c) Borrow money to effect the purposes of this 11 Article. Any notes or other evidence of indebtedness of 12 the Association not in default are legal investments for 13 domestic organizations and may be carried as admitted 14 assets. 15 (d) Employ or retain such persons as are necessary 16 to handle the financial transactions of the Association, 17 and to perform such other functions as become necessary 18 or proper under this Article. 19 (e) Negotiate and contract with any liquidator, 20 rehabilitator, conservator, or ancillary receiver to 21 carry out the powers and duties of the Association. 22 (f) Take such legal action as may be necessary to 23 avoid payment of improper claims. 24 (g) Exercise, for the purposes of this Article and 25 to the extent approved by the Director, the powers of a 26 domestic organization, but in no case may the Association 27 issue evidence of coverage other than that issued to 28 perform the contractual obligations of the impaired or 29 insolvent organization. 30 (h) Exercise all the rights of the Director under 31 Section 193(4) of the Illinois Insurance Code with 32 respect to covered health care plan certificates after 33 the association becomes obligated by statute. 34 (10) The obligations of the Association under this -293- LRB9206615WHmb 1 Article shall not relieve any reinsurer, insurer or other 2 person of its obligations to the insolvent organization (or 3 its conservator, rehabilitator, liquidator or similar 4 official) or its enrollees, including without limitation any 5 reinsurer, insurer or other person liable to the insolvent 6 insurer (or its conservator, rehabilitator, liquidator or 7 similar official) or its enrollees under any contract of 8 reinsurance, any contract providing stop loss coverage or 9 similar coverage or any health care contract. With respect to 10 covered health care plan certificates for which the 11 Association becomes obligated after an entry of an order of 12 liquidation or rehabilitation, the Association may elect to 13 succeed to the rights of the insolvent organization arising 14 after the date of the order of liquidation or rehabilitation 15 under any contract of reinsurance, any contract providing 16 stop loss coverage or similar coverages or any health care 17 service contract to which the insolvent organization was a 18 party, on the terms set forth under such contract, to the 19 extent that such contract provides coverage for health care 20 services provided after the date of the order of liquidation 21 or rehabilitation. As a condition to making this election, 22 the Association must pay premiums for coverage relating to 23 periods after the date of the order of liquidation or 24 rehabilitation. 25 (11) The Association shall be entitled to collect 26 premiums due under or with respect to covered health care 27 certificates for a period from the date on which the 28 domestic, foreign, or alien organization became an insolvent 29 organization until the Association no longer has obligations 30 under subsection (2) of this Section with respect to such 31 certificates. The Association's obligations under subsection 32 (2) of this Section with respect to any covered health care 33 plan certificates shall terminate in the event that all such 34 premiums due under or with respect to such covered health -294- LRB9206615WHmb 1 care plan certificates are not paid to the Association (i) 2 within 30 days of the Association's demand therefor, or (ii) 3 in the event that such certificates provide for a longer 4 grace period for payment of premiums after notice of 5 non-payment or demand therefor, within the lesser of (A) the 6 period provided for in such certificates or (B) 60 days. 7 (Source: P.A. 90-655, eff. 7-30-98.) 8 Section 270. The Voluntary Health Services Plans Act is 9 amended by changing Sections 2, 15a, and 25 as follows: 10 (215 ILCS 165/2) (from Ch. 32, par. 596) 11 Sec. 2. For the purposes of this Act, the following terms 12 have the respective meanings set forth in this section, 13 unless different meanings are plainly indicated by the 14 context: 15 (a) "Health Services Plan Corporation" means a 16 corporation organized under the terms of this Act for the 17 purpose of establishing and operating a voluntary health 18 services plan and providing other medically related services. 19 (b) "Voluntary health services plan" means either a plan 20 or system under which medical, hospital, nursing and relating 21 health services may be rendered to a subscriber or 22 beneficiary at the expense of a health services plan 23 corporation, or any contractual arrangement to provide, 24 either directly or through arrangements with others, dental 25 care services to subscribers and beneficiaries. 26 (c) "Subscriber" means a natural person to whom a 27 subscription certificate has been issued by a health services 28 plan corporation. Persons eligible under Section 5-2 of the 29 Illinois Public Aid Code may be subscribers if a written 30 agreement exists, as specified in Section 25 of this Act, 31 between the Health Services Plan Corporation and the 32 Department of Human ServicesPublic Aid. A subscription -295- LRB9206615WHmb 1 certificate may be issued to such persons at no cost. 2 (d) "Beneficiary" means a person designated in a 3 subscription certificate as one entitled to receive health 4 services. 5 (e) "Health services" means those services ordinarily 6 rendered by physicians licensed in Illinois to practice 7 medicine in all of its branches, by podiatrists licensed in 8 Illinois to practice podiatric medicine, by dentists and 9 dental surgeons licensed to practice in Illinois, by nurses 10 registered in Illinois, by dental hygienists licensed to 11 practice in Illinois, and by assistants and technicians 12 acting under professional supervision; it likewise means 13 hospital services as usually and customarily rendered in 14 Illinois, and the compounding and dispensing of drugs and 15 medicines by pharmacists and assistant pharmacists registered 16 in Illinois. 17 (f) "Subscription certificate" means a certificate 18 issued to a subscriber by a health services plan corporation, 19 setting forth the terms and conditions upon which health 20 services shall be rendered to a subscriber or a beneficiary. 21 (g) "Physician rendering service for a plan" means a 22 physician licensed in Illinois to practice medicine in all of 23 its branches who has undertaken or agreed, upon terms and 24 conditions acceptable both to himself and to the health 25 services plan corporation involved, to furnish medical 26 service to the plan's subscribers and beneficiaries. 27 (h) "Dentist or dental surgeon rendering service for a 28 plan" means a dentist or dental surgeon licensed in Illinois 29 to practice dentistry or dental surgery who has undertaken or 30 agreed, upon terms and conditions acceptable both to himself 31 and to the health services plan corporation involved, to 32 furnish dental or dental surgical services to the plan's 33 subscribers and beneficiaries. 34 (i) "Director" means the Director of Insurance of the -296- LRB9206615WHmb 1 State of Illinois. 2 (j) "Person" means any of the following: a natural 3 person, corporation, partnership or unincorporated 4 association. 5 (k) "Podiatrist or podiatric surgeon rendering service 6 for a plan" means any podiatrist or podiatric surgeon 7 licensed in Illinois to practice podiatry, who has undertaken 8 or agreed, upon terms and conditions acceptable both to 9 himself and to the health services plan corporation involved, 10 to furnish podiatric or podiatric surgical services to the 11 plan's subscribers and beneficiaries. 12 (Source: P.A. 83-254.) 13 (215 ILCS 165/15a) (from Ch. 32, par. 609a) 14 Sec. 15a. Dependent Coverage Termination. 15 (a) The attainment of a limiting age under a voluntary 16 health services plan which provides that coverage of a 17 dependent of a subscriber terminates upon attainment of the 18 limiting age for dependent persons specified in the 19 subscription certificate does not operate to terminate the 20 coverage of a person who, because of a handicapped condition 21 that occurred before attainment of the limiting age, is 22 incapable of self-sustaining employment and is dependent on 23 his or her parents or other care providers for lifetime care 24 and supervision. 25 (b) For purposes of subsection (a), "dependent on other 26 care providers" is defined as requiring a Community 27 Integrated Living Arrangement, group home, supervised 28 apartment, or other residential services licensed or 29 certified by the Department of Human Services (as successor 30 to the DepartmentsDepartmentof Public Aid and Mental Health 31 and Developmental Disabilities), or the Department of Public 32 Health, or the Department of Public Aid. 33 (c) The corporation may require, at reasonable intervals -297- LRB9206615WHmb 1 from the date of the first claim filed on behalf of the 2 disabled and dependent person or from the date the 3 corporation receives notice of a covered person's disability 4 and dependency, proof of the person's disability and 5 dependency. 6 (d) This amendatory Act of 1969 is applicable to 7 subscription certificates issued or renewed after October 27, 8 1969. 9 (Source: P.A. 88-309; 89-507, eff. 7-1-97.) 10 (215 ILCS 165/25) (from Ch. 32, par. 619) 11 Sec. 25. A health services plan corporation may receive 12 and accept from governmental or private agencies or from 13 other persons as defined in this Act, payments covering all 14 or part of the cost of subscriptions to provide health 15 services for needy and other individuals. However, all 16 contracts for health services concerning persons other than 17 recipients of public aid shall be between the corporation and 18 the person to receive such services. No payments shall be 19 made by the Department of Human ServicesPublic Aidto any 20 Health Services Plan Corporation except where the payment is 21 made for a covered service included in the Medical Assistance 22 Program at the rate established by the Department of Human 23 ServicesPublic Aid, and where the service was rendered to a 24 public aid recipient, and where there was in full force and 25 effect, at the time the service was rendered, a written 26 agreement governing such provision of services between such 27 Health Services Plan Corporation and the Department. 28 (Source: P.A. 81-1203.) 29 Section 275. The Illinois Dental Practice Act is amended 30 by changing Sections 23 and 23a as follows: 31 (225 ILCS 25/23) (from Ch. 111, par. 2323) -298- LRB9206615WHmb 1 Sec. 23. Refusal, revocation or suspension of dental 2 licenses. The Department may refuse to issue or renew, or 3 may revoke, suspend, place on probation, reprimand or take 4 other disciplinary action as the Department may deem proper, 5 including fines not to exceed $10,000 per violation, with 6 regard to any license for any one or any combination of the 7 following causes: 8 1. Fraud in procuring the license. 9 2. Habitual intoxication or addiction to the use of 10 drugs. 11 3. Wilful or repeated violations of the rules of the 12 Department of Public Health or Department of Nuclear Safety. 13 4. Acceptance of a fee for service as a witness, without 14 the knowledge of the court, in addition to the fee allowed by 15 the court. 16 5. Division of fees or agreeing to split or divide the 17 fees received for dental services with any person for 18 bringing or referring a patient, except in regard to referral 19 services as provided for under Section 45, or assisting in 20 the care or treatment of a patient, without the knowledge of 21 the patient or his legal representative. 22 6. Employing, procuring, inducing, aiding or abetting a 23 person not licensed or registered as a dentist to engage in 24 the practice of dentistry. The person practiced upon is not 25 an accomplice, employer, procurer, inducer, aider, or abetter 26 within the meaning of this Act. 27 7. Making any misrepresentations or false promises, 28 directly or indirectly, to influence, persuade or induce 29 dental patronage. 30 8. Professional connection or association with or 31 lending his name to another for the illegal practice of 32 dentistry by another, or professional connection or 33 association with any person, firm or corporation holding 34 himself, herself, themselves, or itself out in any manner -299- LRB9206615WHmb 1 contrary to this Act. 2 9. Obtaining or seeking to obtain practice, money, or 3 any other things of value by false or fraudulent 4 representations, but not limited to, engaging in such 5 fraudulent practice to defraud the medical assistance program 6 of the Department of Human ServicesPublic Aid. 7 10. Practicing under a name other than his or her own. 8 11. Engaging in dishonorable, unethical, or 9 unprofessional conduct of a character likely to deceive, 10 defraud, or harm the public. 11 12. Conviction in this or another State of any crime 12 which is a felony under the laws of this State or conviction 13 of a felony in a federal court, conviction of a misdemeanor, 14 an essential element of which is dishonesty, or conviction of 15 any crime which is directly related to the practice of 16 dentistry or dental hygiene. 17 13. Permitting a dental hygienist, dental assistant or 18 other person under his or her supervision to perform any 19 operation not authorized by this Act. 20 14. Permitting more than 4 dental hygienists to be 21 employed under his supervision at any one time. 22 15. A violation of any provision of this Act or any 23 rules promulgated under this Act. 24 16. Taking impressions for or using the services of any 25 person, firm or corporation violating this Act. 26 17. Violating any provision of Section 45 relating to 27 advertising. 28 18. Discipline by another U.S. jurisdiction or foreign 29 nation, if at least one of the grounds for the discipline is 30 the same or substantially equivalent to those set forth 31 within this Act. 32 19. Willfully failing to report an instance of suspected 33 child abuse or neglect as required by the Abused and 34 Neglected Child Reporting Act. -300- LRB9206615WHmb 1 20. Gross or repeated malpractice resulting in injury or 2 death of a patient. 3 21. The use or prescription for use of narcotics or 4 controlled substances or designated products as listed in the 5 Illinois Controlled Substances Act, in any way other than for 6 therapeutic purposes. 7 22. Willfully making or filing false records or reports 8 in his practice as a dentist, including, but not limited to, 9 false records to support claims against the dental assistance 10 program of the Illinois Department of Human ServicesPublic11Aid. 12 23. Professional incompetence as manifested by poor 13 standards of care. 14 24. Physical or mental illness, including, but not 15 limited to, deterioration through the aging process, or loss 16 of motor skills which results in a dentist's inability to 17 practice dentistry with reasonable judgment, skill or safety. 18 In enforcing this paragraph, the Department may compel a 19 person licensed to practice under this Act to submit to a 20 mental or physical examination pursuant to the terms and 21 conditions of Section 23b. 22 25. Repeated irregularities in billing a third party for 23 services rendered to a patient. For purposes of this 24 paragraph 25, "irregularities in billing" shall include: 25 (a) Reporting excessive charges for the purpose of 26 obtaining a total payment in excess of that usually 27 received by the dentist for the services rendered. 28 (b) Reporting charges for services not rendered. 29 (c) Incorrectly reporting services rendered for the 30 purpose of obtaining payment not earned. 31 26. Continuing the active practice of dentistry while 32 knowingly having any infectious, communicable, or contagious 33 disease proscribed by rule or regulation of the Department. 34 27. Being named as a perpetrator in an indicated report -301- LRB9206615WHmb 1 by the Department of Children and Family Services pursuant to 2 the Abused and Neglected Child Reporting Act, and upon proof 3 by clear and convincing evidence that the licensee has caused 4 a child to be an abused child or neglected child as defined 5 in the Abused and Neglected Child Reporting Act. 6 28. Violating the Health Care Worker Self-Referral Act. 7 29. Abandonment of a patient. 8 30. Mental incompetency as declared by a court of 9 competent jurisdiction. 10 All proceedings to suspend, revoke, place on probationary 11 status, or take any other disciplinary action as the 12 Department may deem proper, with regard to a license on any 13 of the foregoing grounds, must be commenced within 3 years 14 after receipt by the Department of a complaint alleging the 15 commission of or notice of the conviction order for any of 16 the acts described herein. Except for fraud in procuring a 17 license, no action shall be commenced more than 5 years after 18 the date of the incident or act alleged to have violated this 19 Section. The time during which the holder of the license was 20 outside the State of Illinois shall not be included within 21 any period of time limiting the commencement of disciplinary 22 action by the Department. 23 The Department may refuse to issue or may suspend the 24 license of any person who fails to file a return, or to pay 25 the tax, penalty or interest shown in a filed return, or to 26 pay any final assessment of tax, penalty or interest, as 27 required by any tax Act administered by the Illinois 28 Department of Revenue, until such time as the requirements of 29 any such tax Act are satisfied. 30 (Source: P.A. 91-357, eff. 7-29-99; 91-689, eff. 1-1-01.) 31 (225 ILCS 25/23a) (from Ch. 111, par. 2323a) 32 Sec. 23a. The Director of the Department may, upon 33 receipt of a written communication from the Secretary of -302- LRB9206615WHmb 1 Human Services or the Director ofthe Department of Public2Aid or Department ofPublic Health, that continuation of 3 practice of a person licensed under this Act constitutes an 4 immediate danger to the public, immediately suspend the 5 license of such person without a hearing. In instances in 6 which the Director immediately suspends a license under this 7 Section, a hearing upon such person's license must be 8 convened by the Board within 15 days after such suspension 9 and completed without appreciable delay, such hearing held to 10 determine whether to recommend to the Director that the 11 person's license be revoked, suspended, placed on 12 probationary status or reinstated, or such person be subject 13 to other disciplinary action. In such hearing, the written 14 communication and any other evidence submitted therewith may 15 be introduced as evidence against such person; provided 16 however, the person, or his counsel, shall have the 17 opportunity to discredit or impeach such evidence and submit 18 evidence rebutting same. 19 (Source: P.A. 89-507, eff. 7-1-97.) 20 Section 280. The Illinois Funeral or Burial Funds Act is 21 amended by changing Section 4 as follows: 22 (225 ILCS 45/4) (from Ch. 111 1/2, par. 73.104) 23 Sec. 4. Withdrawal of funds; revocability of contract. 24 (a) The amount or amounts so deposited into trust, with 25 interest thereon, if any, shall not be withdrawn until the 26 death of the person or persons for whose funeral or burial 27 such funds were paid, unless sooner withdrawn and repaid to 28 the person who originally paid the money under or in 29 connection with the pre-need contract or to his or her legal 30 representative. The life insurance policies or tax-deferred 31 annuities shall not be surrendered until the death of the 32 person or persons for whose funeral or burial the policies or -303- LRB9206615WHmb 1 annuities were purchased, unless sooner surrendered and 2 repaid to the owner of the policy purchased under or in 3 connection with the pre-need contract or to his or her legal 4 representative. If, however, the agreement or series of 5 agreements provides for forfeiture and retention of any or 6 all payments as and for liquidated damages as provided in 7 Section 6, then the trustee may withdraw the deposits. In 8 addition, nothing in this Section (i) prohibits the change of 9 depositary by the trustee and the transfer of trust funds 10 from one depositary to another or (ii) prohibits a contract 11 purchaser who is or may become eligible for public assistance 12 under any applicable federal or State law or local ordinance 13 including, but not limited to, eligibility under 24 C.F.R., 14 Part 913 relating to family insurance under federal Housing 15 and Urban Development Policy from irrevocably waiving, in 16 writing, and renouncing the right to cancel a pre-need 17 contract for funeral services in an amount prescribed by rule 18 of the Illinois Department of Human ServicesPublic Aid. No 19 guaranteed price pre-need funeral contract may prohibit a 20 purchaser from making a contract irrevocable to the extent 21 that federal law or regulations require that such a contract 22 be irrevocable for purposes of the purchaser's eligibility 23 for Supplemental Security Income benefits, Medicaid, or 24 another public assistance program, as permitted under federal 25 law. 26 (b) If for any reason a seller or provider who has 27 engaged in pre-need sales has refused, cannot, or does not 28 comply with the terms of the pre-need contract within a 29 reasonable time after he or she is required to do so, the 30 purchaser or his or her heirs or assigns or duly authorized 31 representative shall have the right to a refund of an amount 32 equal to the sales price paid for undelivered merchandise or 33 services plus otherwise earned undistributed interest amounts 34 held in trust attributable to the contract, within 30 days of -304- LRB9206615WHmb 1 the filing of a sworn affidavit with the trustee setting 2 forth the existence of the contract and the fact of breach. 3 A copy of this affidavit shall be filed with the Comptroller 4 and the seller. In the event a seller is prevented from 5 performing by strike, shortage of materials, civil disorder, 6 natural disaster, or any like occurrence beyond the control 7 of the seller or provider, the seller or provider's time for 8 performance shall be extended by the length of the delay. 9 Nothing in this Section shall relieve the seller or provider 10 from any liability for non-performance of his or her 11 obligations under the pre-need contract. 12 (c) After final payment on a pre-need contract, any 13 purchaser may, upon written demand to a seller, demand that 14 the pre-need contract with the seller be terminated. The 15 seller shall, within 30 days, initiate a refund to the 16 purchaser of the entire amount held in trust attributable to 17 undelivered merchandise and unperformed services, including 18 otherwise earned undistributed interest earned thereon or the 19 cash surrender value of a life insurance policy or 20 tax-deferred annuity. 21 If no funeral merchandise or services are provided or if 22 the funeral is conducted by another person, the seller may 23 keep no more than 10% of the payments made under the pre-need 24 contract or $300, whichever sum is less. The remainder of 25 the trust funds or insurance or annuity proceeds shall be 26 forwarded to the legal heirs of the deceased or as determined 27 by probate action. 28 (d) The placement and retention of all or a portion of a 29 casket, combination casket-vault, urn, or outer burial 30 container comprised of materials which are designed to 31 withstand prolonged storage in the manner set forth in this 32 paragraph without adversely affecting the structural 33 integrity or aesthetic characteristics of such merchandise in 34 a specific burial space in which the person or persons for -305- LRB9206615WHmb 1 whose funeral or burial the merchandise was intended has a 2 right of interment, or the placement of the merchandise in a 3 specific mausoleum crypt or lawn crypt in which such person 4 has a right of entombment, or the placement of the 5 merchandise in a specific niche in which such person has a 6 right of inurnment, or delivery to such person and retention 7 by such person until the time of need shall constitute actual 8 delivery to the person who originally paid the money under or 9 in connection with said agreement or series of agreements. 10 Actual delivery shall eliminate, from and after the date of 11 actual delivery, any requirement under this Act to place or 12 retain in trust any funds received for the sale of such 13 merchandise. The delivery, prior to the time of need, of any 14 funeral or burial merchandise in any manner other than 15 authorized by this Section shall not constitute actual 16 delivery and shall not eliminate any requirement under this 17 Act to place or retain in trust any funds received for the 18 sale of such merchandise. 19 (Source: P.A. 87-1091; 88-477.) 20 Section 285. The Medical Practice Act of 1987 is amended 21 by changing Sections 22 and 25 as follows: 22 (225 ILCS 60/22) (from Ch. 111, par. 4400-22) 23 Sec. 22. Disciplinary action. 24 (A) The Department may revoke, suspend, place on 25 probationary status, or take any other disciplinary action as 26 the Department may deem proper with regard to the license or 27 visiting professor permit of any person issued under this Act 28 to practice medicine, or to treat human ailments without the 29 use of drugs and without operative surgery upon any of the 30 following grounds: 31 (1) Performance of an elective abortion in any 32 place, locale, facility, or institution other than: -306- LRB9206615WHmb 1 (a) a facility licensed pursuant to the 2 Ambulatory Surgical Treatment Center Act; 3 (b) an institution licensed under the Hospital 4 Licensing Act; or 5 (c) an ambulatory surgical treatment center or 6 hospitalization or care facility maintained by the 7 State or any agency thereof, where such department 8 or agency has authority under law to establish and 9 enforce standards for the ambulatory surgical 10 treatment centers, hospitalization, or care 11 facilities under its management and control; or 12 (d) ambulatory surgical treatment centers, 13 hospitalization or care facilities maintained by the 14 Federal Government; or 15 (e) ambulatory surgical treatment centers, 16 hospitalization or care facilities maintained by any 17 university or college established under the laws of 18 this State and supported principally by public funds 19 raised by taxation. 20 (2) Performance of an abortion procedure in a 21 wilful and wanton manner on a woman who was not pregnant 22 at the time the abortion procedure was performed. 23 (3) The conviction of a felony in this or any other 24 jurisdiction, except as otherwise provided in subsection 25 B of this Section, whether or not related to practice 26 under this Act, or the entry of a guilty or nolo 27 contendere plea to a felony charge. 28 (4) Gross negligence in practice under this Act. 29 (5) Engaging in dishonorable, unethical or 30 unprofessional conduct of a character likely to deceive, 31 defraud or harm the public. 32 (6) Obtaining any fee by fraud, deceit, or 33 misrepresentation. 34 (7) Habitual or excessive use or abuse of drugs -307- LRB9206615WHmb 1 defined in law as controlled substances, of alcohol, or 2 of any other substances which results in the inability to 3 practice with reasonable judgment, skill or safety. 4 (8) Practicing under a false or, except as provided 5 by law, an assumed name. 6 (9) Fraud or misrepresentation in applying for, or 7 procuring, a license under this Act or in connection with 8 applying for renewal of a license under this Act. 9 (10) Making a false or misleading statement 10 regarding their skill or the efficacy or value of the 11 medicine, treatment, or remedy prescribed by them at 12 their direction in the treatment of any disease or other 13 condition of the body or mind. 14 (11) Allowing another person or organization to use 15 their license, procured under this Act, to practice. 16 (12) Disciplinary action of another state or 17 jurisdiction against a license or other authorization to 18 practice as a medical doctor, doctor of osteopathy, 19 doctor of osteopathic medicine or doctor of chiropractic, 20 a certified copy of the record of the action taken by the 21 other state or jurisdiction being prima facie evidence 22 thereof. 23 (13) Violation of any provision of this Act or of 24 the Medical Practice Act prior to the repeal of that Act, 25 or violation of the rules, or a final administrative 26 action of the Director, after consideration of the 27 recommendation of the Disciplinary Board. 28 (14) Dividing with anyone other than physicians 29 with whom the licensee practices in a partnership, 30 Professional Association, limited liability company, or 31 Medical or Professional Corporation any fee, commission, 32 rebate or other form of compensation for any professional 33 services not actually and personally rendered. Nothing 34 contained in this subsection prohibits persons holding -308- LRB9206615WHmb 1 valid and current licenses under this Act from practicing 2 medicine in partnership under a partnership agreement, 3 including a limited liability partnership, in a limited 4 liability company under the Limited Liability Company 5 Act, in a corporation authorized by the Medical 6 Corporation Act, as an association authorized by the 7 Professional Association Act, or in a corporation under 8 the Professional Corporation Act or from pooling, 9 sharing, dividing or apportioning the fees and monies 10 received by them or by the partnership, corporation or 11 association in accordance with the partnership agreement 12 or the policies of the Board of Directors of the 13 corporation or association. Nothing contained in this 14 subsection prohibits 2 or more corporations authorized by 15 the Medical Corporation Act, from forming a partnership 16 or joint venture of such corporations, and providing 17 medical, surgical and scientific research and knowledge 18 by employees of these corporations if such employees are 19 licensed under this Act, or from pooling, sharing, 20 dividing, or apportioning the fees and monies received by 21 the partnership or joint venture in accordance with the 22 partnership or joint venture agreement. Nothing 23 contained in this subsection shall abrogate the right of 24 2 or more persons, holding valid and current licenses 25 under this Act, to each receive adequate compensation for 26 concurrently rendering professional services to a patient 27 and divide a fee; provided, the patient has full 28 knowledge of the division, and, provided, that the 29 division is made in proportion to the services performed 30 and responsibility assumed by each. 31 (15) A finding by the Medical Disciplinary Board 32 that the registrant after having his or her license 33 placed on probationary status or subjected to conditions 34 or restrictions violated the terms of the probation or -309- LRB9206615WHmb 1 failed to comply with such terms or conditions. 2 (16) Abandonment of a patient. 3 (17) Prescribing, selling, administering, 4 distributing, giving or self-administering any drug 5 classified as a controlled substance (designated product) 6 or narcotic for other than medically accepted therapeutic 7 purposes. 8 (18) Promotion of the sale of drugs, devices, 9 appliances or goods provided for a patient in such manner 10 as to exploit the patient for financial gain of the 11 physician. 12 (19) Offering, undertaking or agreeing to cure or 13 treat disease by a secret method, procedure, treatment or 14 medicine, or the treating, operating or prescribing for 15 any human condition by a method, means or procedure which 16 the licensee refuses to divulge upon demand of the 17 Department. 18 (20) Immoral conduct in the commission of any act 19 including, but not limited to, commission of an act of 20 sexual misconduct related to the licensee's practice. 21 (21) Wilfully making or filing false records or 22 reports in his or her practice as a physician, including, 23 but not limited to, false records to support claims 24 against the medical assistance program of the Department 25 of Human ServicesPublic Aidunder the Illinois Public 26 Aid Code. 27 (22) Wilful omission to file or record, or wilfully 28 impeding the filing or recording, or inducing another 29 person to omit to file or record, medical reports as 30 required by law, or wilfully failing to report an 31 instance of suspected abuse or neglect as required by 32 law. 33 (23) Being named as a perpetrator in an indicated 34 report by the Department of Children and Family Services -310- LRB9206615WHmb 1 under the Abused and Neglected Child Reporting Act, and 2 upon proof by clear and convincing evidence that the 3 licensee has caused a child to be an abused child or 4 neglected child as defined in the Abused and Neglected 5 Child Reporting Act. 6 (24) Solicitation of professional patronage by any 7 corporation, agents or persons, or profiting from those 8 representing themselves to be agents of the licensee. 9 (25) Gross and wilful and continued overcharging 10 for professional services, including filing false 11 statements for collection of fees for which services are 12 not rendered, including, but not limited to, filing such 13 false statements for collection of monies for services 14 not rendered from the medical assistance program of the 15 Department of Human ServicesPublic Aidunder the 16 Illinois Public Aid Code. 17 (26) A pattern of practice or other behavior which 18 demonstrates incapacity or incompetence to practice under 19 this Act. 20 (27) Mental illness or disability which results in 21 the inability to practice under this Act with reasonable 22 judgment, skill or safety. 23 (28) Physical illness, including, but not limited 24 to, deterioration through the aging process, or loss of 25 motor skill which results in a physician's inability to 26 practice under this Act with reasonable judgment, skill 27 or safety. 28 (29) Cheating on or attempt to subvert the 29 licensing examinations administered under this Act. 30 (30) Wilfully or negligently violating the 31 confidentiality between physician and patient except as 32 required by law. 33 (31) The use of any false, fraudulent, or deceptive 34 statement in any document connected with practice under -311- LRB9206615WHmb 1 this Act. 2 (32) Aiding and abetting an individual not licensed 3 under this Act in the practice of a profession licensed 4 under this Act. 5 (33) Violating state or federal laws or regulations 6 relating to controlled substances. 7 (34) Failure to report to the Department any 8 adverse final action taken against them by another 9 licensing jurisdiction (any other state or any territory 10 of the United States or any foreign state or country), by 11 any peer review body, by any health care institution, by 12 any professional society or association related to 13 practice under this Act, by any governmental agency, by 14 any law enforcement agency, or by any court for acts or 15 conduct similar to acts or conduct which would constitute 16 grounds for action as defined in this Section. 17 (35) Failure to report to the Department surrender 18 of a license or authorization to practice as a medical 19 doctor, a doctor of osteopathy, a doctor of osteopathic 20 medicine, or doctor of chiropractic in another state or 21 jurisdiction, or surrender of membership on any medical 22 staff or in any medical or professional association or 23 society, while under disciplinary investigation by any of 24 those authorities or bodies, for acts or conduct similar 25 to acts or conduct which would constitute grounds for 26 action as defined in this Section. 27 (36) Failure to report to the Department any 28 adverse judgment, settlement, or award arising from a 29 liability claim related to acts or conduct similar to 30 acts or conduct which would constitute grounds for action 31 as defined in this Section. 32 (37) Failure to transfer copies of medical records 33 as required by law. 34 (38) Failure to furnish the Department, its -312- LRB9206615WHmb 1 investigators or representatives, relevant information, 2 legally requested by the Department after consultation 3 with the Chief Medical Coordinator or the Deputy Medical 4 Coordinator. 5 (39) Violating the Health Care Worker Self-Referral 6 Act. 7 (40) Willful failure to provide notice when notice 8 is required under the Parental Notice of Abortion Act of 9 1995. 10 (41) Failure to establish and maintain records of 11 patient care and treatment as required by this law. 12 (42) Entering into an excessive number of written 13 collaborative agreements with licensed advanced practice 14 nurses resulting in an inability to adequately 15 collaborate and provide medical direction. 16 (43) Repeated failure to adequately collaborate 17 with or provide medical direction to a licensed advanced 18 practice nurse. 19 All proceedings to suspend, revoke, place on probationary 20 status, or take any other disciplinary action as the 21 Department may deem proper, with regard to a license on any 22 of the foregoing grounds, must be commenced within 3 years 23 next after receipt by the Department of a complaint alleging 24 the commission of or notice of the conviction order for any 25 of the acts described herein. Except for the grounds 26 numbered (8), (9) and (29), no action shall be commenced more 27 than 5 years after the date of the incident or act alleged to 28 have violated this Section. In the event of the settlement 29 of any claim or cause of action in favor of the claimant or 30 the reduction to final judgment of any civil action in favor 31 of the plaintiff, such claim, cause of action or civil action 32 being grounded on the allegation that a person licensed under 33 this Act was negligent in providing care, the Department 34 shall have an additional period of one year from the date of -313- LRB9206615WHmb 1 notification to the Department under Section 23 of this Act 2 of such settlement or final judgment in which to investigate 3 and commence formal disciplinary proceedings under Section 36 4 of this Act, except as otherwise provided by law. The time 5 during which the holder of the license was outside the State 6 of Illinois shall not be included within any period of time 7 limiting the commencement of disciplinary action by the 8 Department. 9 The entry of an order or judgment by any circuit court 10 establishing that any person holding a license under this Act 11 is a person in need of mental treatment operates as a 12 suspension of that license. That person may resume their 13 practice only upon the entry of a Departmental order based 14 upon a finding by the Medical Disciplinary Board that they 15 have been determined to be recovered from mental illness by 16 the court and upon the Disciplinary Board's recommendation 17 that they be permitted to resume their practice. 18 The Department may refuse to issue or take disciplinary 19 action concerning the license of any person who fails to file 20 a return, or to pay the tax, penalty or interest shown in a 21 filed return, or to pay any final assessment of tax, penalty 22 or interest, as required by any tax Act administered by the 23 Illinois Department of Revenue, until such time as the 24 requirements of any such tax Act are satisfied as determined 25 by the Illinois Department of Revenue. 26 The Department, upon the recommendation of the 27 Disciplinary Board, shall adopt rules which set forth 28 standards to be used in determining: 29 (a) when a person will be deemed sufficiently 30 rehabilitated to warrant the public trust; 31 (b) what constitutes dishonorable, unethical or 32 unprofessional conduct of a character likely to deceive, 33 defraud, or harm the public; 34 (c) what constitutes immoral conduct in the -314- LRB9206615WHmb 1 commission of any act, including, but not limited to, 2 commission of an act of sexual misconduct related to the 3 licensee's practice; and 4 (d) what constitutes gross negligence in the 5 practice of medicine. 6 However, no such rule shall be admissible into evidence 7 in any civil action except for review of a licensing or other 8 disciplinary action under this Act. 9 In enforcing this Section, the Medical Disciplinary 10 Board, upon a showing of a possible violation, may compel any 11 individual licensed to practice under this Act, or who has 12 applied for licensure or a permit pursuant to this Act, to 13 submit to a mental or physical examination, or both, as 14 required by and at the expense of the Department. The 15 examining physician or physicians shall be those specifically 16 designated by the Disciplinary Board. The Medical 17 Disciplinary Board or the Department may order the examining 18 physician to present testimony concerning this mental or 19 physical examination of the licensee or applicant. No 20 information shall be excluded by reason of any common law or 21 statutory privilege relating to communication between the 22 licensee or applicant and the examining physician. The 23 individual to be examined may have, at his or her own 24 expense, another physician of his or her choice present 25 during all aspects of the examination. Failure of any 26 individual to submit to mental or physical examination, when 27 directed, shall be grounds for suspension of his or her 28 license until such time as the individual submits to the 29 examination if the Disciplinary Board finds, after notice and 30 hearing, that the refusal to submit to the examination was 31 without reasonable cause. If the Disciplinary Board finds a 32 physician unable to practice because of the reasons set forth 33 in this Section, the Disciplinary Board shall require such 34 physician to submit to care, counseling, or treatment by -315- LRB9206615WHmb 1 physicians approved or designated by the Disciplinary Board, 2 as a condition for continued, reinstated, or renewed 3 licensure to practice. Any physician, whose license was 4 granted pursuant to Sections 9, 17, or 19 of this Act, or, 5 continued, reinstated, renewed, disciplined or supervised, 6 subject to such terms, conditions or restrictions who shall 7 fail to comply with such terms, conditions or restrictions, 8 or to complete a required program of care, counseling, or 9 treatment, as determined by the Chief Medical Coordinator or 10 Deputy Medical Coordinators, shall be referred to the 11 Director for a determination as to whether the licensee shall 12 have their license suspended immediately, pending a hearing 13 by the Disciplinary Board. In instances in which the 14 Director immediately suspends a license under this Section, a 15 hearing upon such person's license must be convened by the 16 Disciplinary Board within 15 days after such suspension and 17 completed without appreciable delay. The Disciplinary Board 18 shall have the authority to review the subject physician's 19 record of treatment and counseling regarding the impairment, 20 to the extent permitted by applicable federal statutes and 21 regulations safeguarding the confidentiality of medical 22 records. 23 An individual licensed under this Act, affected under 24 this Section, shall be afforded an opportunity to demonstrate 25 to the Disciplinary Board that they can resume practice in 26 compliance with acceptable and prevailing standards under the 27 provisions of their license. 28 The Department may promulgate rules for the imposition of 29 fines in disciplinary cases, not to exceed $5,000 for each 30 violation of this Act. Fines may be imposed in conjunction 31 with other forms of disciplinary action, but shall not be the 32 exclusive disposition of any disciplinary action arising out 33 of conduct resulting in death or injury to a patient. Any 34 funds collected from such fines shall be deposited in the -316- LRB9206615WHmb 1 Medical Disciplinary Fund. 2 (B) The Department shall revoke the license or visiting 3 permit of any person issued under this Act to practice 4 medicine or to treat human ailments without the use of drugs 5 and without operative surgery, who has been convicted a 6 second time of committing any felony under the Illinois 7 Controlled Substances Act, or who has been convicted a second 8 time of committing a Class 1 felony under Sections 8A-3 and 9 8A-6 of the Illinois Public Aid Code. A person whose license 10 or visiting permit is revoked under this subsection B of 11 Section 22 of this Act shall be prohibited from practicing 12 medicine or treating human ailments without the use of drugs 13 and without operative surgery. 14 (C) The Medical Disciplinary Board shall recommend to 15 the Department civil penalties and any other appropriate 16 discipline in disciplinary cases when the Board finds that a 17 physician willfully performed an abortion with actual 18 knowledge that the person upon whom the abortion has been 19 performed is a minor or an incompetent person without notice 20 as required under the Parental Notice of Abortion Act of 21 1995. Upon the Board's recommendation, the Department shall 22 impose, for the first violation, a civil penalty of $1,000 23 and for a second or subsequent violation, a civil penalty of 24 $5,000. 25 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96; 26 89-626, eff. 8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 27 8-13-98.) 28 (225 ILCS 60/25) (from Ch. 111, par. 4400-25) 29 Sec. 25. The Director of the Department may, upon 30 receipt of a written communication from the Secretary of 31 Human Services, the Director of Public Aid,or the Director 32 of Public Health that continuation of practice of a person 33 licensed under this Act constitutes an immediate danger to -317- LRB9206615WHmb 1 the public, and after consultation with the Chief Medical 2 Coordinator or Deputy Medical Coordinator, immediately 3 suspend the license of such person without a hearing. In 4 instances in which the Director immediately suspends a 5 license under this Section, a hearing upon such person's 6 license must be convened by the Disciplinary Board within 15 7 days after such suspension and completed without appreciable 8 delay. Such hearing is to be held to determine whether to 9 recommend to the Director that the person's license be 10 revoked, suspended, placed on probationary status or 11 reinstated, or whether such person should be subject to other 12 disciplinary action. In the hearing, the written 13 communication and any other evidence submitted therewith may 14 be introduced as evidence against such person; provided 15 however, the person, or their counsel, shall have the 16 opportunity to discredit, impeach and submit evidence 17 rebutting such evidence. 18 (Source: P.A. 89-507, eff. 7-1-97.) 19 Section 290. The Naprapathic Practice Act is amended by 20 changing Section 110 as follows: 21 (225 ILCS 63/110) 22 Sec. 110. Grounds for disciplinary action; refusal, 23 revocation, suspension. 24 (a) The Department may refuse to issue or to renew, or 25 may revoke, suspend, place on probation, reprimand or take 26 other disciplinary action as the Department may deem proper, 27 including fines not to exceed $5,000 for each violation, with 28 regard to any licensee or license for any one or combination 29 of the following causes: 30 (1) Violations of this Act or its rules. 31 (2) Material misstatement in furnishing information 32 to the Department. -318- LRB9206615WHmb 1 (3) Conviction of any crime under the laws of any 2 U.S. jurisdiction that is (i) a felony, (ii) a 3 misdemeanor, an essential element of which is dishonesty, 4 or (iii) directly related to the practice of the 5 profession. 6 (4) Making any misrepresentation for the purpose of 7 obtaining a license. 8 (5) Professional incompetence or gross negligence. 9 (6) Gross malpractice. 10 (7) Aiding or assisting another person in violating 11 any provision of this Act or its rules. 12 (8) Failing to provide information within 60 days 13 in response to a written request made by the Department. 14 (9) Engaging in dishonorable, unethical, or 15 unprofessional conduct of a character likely to deceive, 16 defraud, or harm the public. 17 (10) Habitual or excessive use or addiction to 18 alcohol, narcotics, stimulants, or any other chemical 19 agent or drug that results in the inability to practice 20 with reasonable judgment, skill, or safety. 21 (11) Discipline by another U.S. jurisdiction or 22 foreign nation if at least one of the grounds for the 23 discipline is the same or substantially equivalent to 24 those set forth in this Act. 25 (12) Directly or indirectly giving to or receiving 26 from any person, firm, corporation, partnership, or 27 association any fee, commission, rebate, or other form of 28 compensation for any professional services not actually 29 or personally rendered. This shall not be deemed to 30 include rent or other remunerations paid to an 31 individual, partnership, or corporation by a naprapath 32 for the lease, rental, or use of space, owned or 33 controlled by the individual, partnership, corporation or 34 association. -319- LRB9206615WHmb 1 (13) Using the title "Doctor" or its abbreviation 2 without further clarifying that title or abbreviation 3 with the word "naprapath" or "naprapathy" or the 4 designation "D.N.". 5 (14) A finding by the Department that the licensee, 6 after having his or her license placed on probationary 7 status, has violated the terms of probation. 8 (15) Abandonment of a patient without cause. 9 (16) Willfully making or filing false records or 10 reports relating to a licensee's practice, including but 11 not limited to, false records filed with State agencies 12 or departments. 13 (17) Willfully failing to report an instance of 14 suspected child abuse or neglect as required by the 15 Abused and Neglected Child Reporting Act. 16 (18) Physical illness, including but not limited 17 to, deterioration through the aging process or loss of 18 motor skill that results in the inability to practice the 19 profession with reasonable judgment, skill, or safety. 20 (19) Solicitation of professional services by means 21 other than permitted advertising. 22 (20) Failure to provide a patient with a copy of 23 his or her record upon the written request of the 24 patient. 25 (21) Conviction by any court of competent 26 jurisdiction, either within or without this State, of any 27 violation of any law governing the practice of 28 naprapathy, conviction in this or another state of any 29 crime which is a felony under the laws of this State or 30 conviction of a felony in a federal court, if the 31 Department determines, after investigation, that the 32 person has not been sufficiently rehabilitated to warrant 33 the public trust. 34 (22) A finding that licensure has been applied for -320- LRB9206615WHmb 1 or obtained by fraudulent means. 2 (23) Continued practice by a person knowingly 3 having an infectious or contagious disease. 4 (24) Being named as a perpetrator in an indicated 5 report by the Department of Children and Family Services 6 under the Abused and Neglected Child Reporting Act and 7 upon proof by clear and convincing evidence that the 8 licensee has caused a child to be an abused child or a 9 neglected child as defined in the Abused and Neglected 10 Child Reporting Act. 11 (25) Practicing or attempting to practice under a 12 name other than the full name shown on the license. 13 (26) Immoral conduct in the commission of any act, 14 such as sexual abuse, sexual misconduct, or sexual 15 exploitation, related to the licensee's practice. 16 (27) Maintaining a professional relationship with 17 any person, firm, or corporation when the naprapath 18 knows, or should know, that the person, firm, or 19 corporation is violating this Act. 20 (28) Promotion of the sale of food supplements, 21 devices, appliances, or goods provided for a client or 22 patient in such manner as to exploit the patient or 23 client for financial gain of the licensee. 24 (29) Having treated ailments of human beings other 25 than by the practice of naprapathy as defined in this 26 Act, or having treated ailments of human beings as a 27 licensed naprapath independent of a documented referral 28 or documented current and relevant diagnosis from a 29 physician, dentist, or podiatrist, or having failed to 30 notify the physician, dentist, or podiatrist who 31 established a documented current and relevant diagnosis 32 that the patient is receiving naprapathic treatment 33 pursuant to that diagnosis. 34 (30) Use by a registered naprapath of the word -321- LRB9206615WHmb 1 "infirmary", "hospital", "school", "university", in 2 English or any other language, in connection with the 3 place where naprapathy may be practiced or demonstrated. 4 (31) Continuance of a naprapath in the employ of 5 any person, firm, or corporation, or as an assistant to 6 any naprapath or naprapaths, directly or indirectly, 7 after his or her employer or superior has been found 8 guilty of violating or has been enjoined from violating 9 the laws of the State of Illinois relating to the 10 practice of naprapathy when the employer or superior 11 persists in that violation. 12 (32) The performance of naprapathic service in 13 conjunction with a scheme or plan with another person, 14 firm, or corporation known to be advertising in a manner 15 contrary to this Act or otherwise violating the laws of 16 the State of Illinois concerning the practice of 17 naprapathy. 18 (33) Failure to provide satisfactory proof of 19 having participated in approved continuing education 20 programs as determined by the Committee and approved by 21 the Director. Exceptions for extreme hardships are to be 22 defined by the rules of the Department. 23 (34) Willfully making or filing false records or 24 reports in the practice of naprapathy, including, but not 25 limited to, false records to support claims against the 26 medical assistance program of the Department of Human 27 ServicesPublic Aidunder the Illinois Public Aid Code. 28 (35) Gross or willful overcharging for professional 29 services including filing false statements for collection 30 of fees for which services are not rendered, including, 31 but not limited to, filing false statements for 32 collection of monies for services not rendered from the 33 medical assistance program of the Department of Human 34 ServicesPublic Aidunder the Illinois Public Aid Code. -322- LRB9206615WHmb 1 (36) Mental illness, including, but not limited to, 2 deterioration through the aging process or loss of motor 3 skill that results in the inability to practice the 4 profession with reasonable judgment, skill, or safety. 5 The Department may refuse to issue or may suspend the 6 license of any person who fails to (i) file a return or to 7 pay the tax, penalty or interest shown in a filed return or 8 (ii) pay any final assessment of the tax, penalty, or 9 interest as required by any tax Act administered by the 10 Illinois Department of Revenue, until the time that the 11 requirements of that tax Act are satisfied. 12 (b) The determination by a circuit court that a licensee 13 is subject to involuntary admission or judicial admission as 14 provided in the Mental Health and Developmental Disabilities 15 Code operates as an automatic suspension. The suspension 16 will end only upon a finding by a court that the patient is 17 no longer subject to involuntary admission or judicial 18 admission, the issuance of an order so finding and 19 discharging the patient, and the recommendation of the 20 Committee to the Director that the licensee be allowed to 21 resume his or her practice. 22 (Source: P.A. 89-61, eff. 6-30-95.) 23 Section 300. The Nursing and Advanced Practice Nursing 24 Act is amended by changing Sections 10-45 and 20-55 as 25 follows: 26 (225 ILCS 65/10-45) 27 Sec. 10-45. Grounds for disciplinary action. 28 (a) The Department may, upon recommendation of the 29 Board, refuse to issue or to renew, or may revoke, suspend, 30 place on probation, reprimand, or take other disciplinary 31 action as the Department may deem appropriate with regard to 32 a license for any one or combination of the causes set forth -323- LRB9206615WHmb 1 in subsection (b) below. Fines up to $2,500 may be imposed 2 in conjunction with other forms of disciplinary action for 3 those violations that result in monetary gain for the 4 licensee. Fines shall not be the exclusive disposition of any 5 disciplinary action arising out of conduct resulting in death 6 or injury to a patient. Fines shall not be assessed in 7 disciplinary actions involving mental or physical illness or 8 impairment. All fines collected under this Section shall be 9 deposited in the Nursing Dedicated and Professional Fund. 10 (b) Grounds for disciplinary action include the 11 following: 12 (1) Material deception in furnishing information to 13 the Department. 14 (2) Material violations of any provision of this 15 Act or violation of the rules of or final administrative 16 action of the Director, after consideration of the 17 recommendation of the Board. 18 (3) Conviction of any crime under the laws of any 19 jurisdiction of the United States: (i) which is a felony; 20 or (ii) which is a misdemeanor, an essential element of 21 which is dishonesty, or (iii) of any crime which is 22 directly related to the practice of the profession. 23 (4) A pattern of practice or other behavior which 24 demonstrates incapacity or incompetency to practice under 25 this Act. 26 (5) Knowingly aiding or assisting another person in 27 violating any provision of this Act or rules. 28 (6) Failing, within 90 days, to provide a response 29 to a request for information in response to a written 30 request made by the Department by certified mail. 31 (7) Engaging in dishonorable, unethical or 32 unprofessional conduct of a character likely to deceive, 33 defraud or harm the public, as defined by rule. 34 (8) Unlawful sale or distribution of any drug, -324- LRB9206615WHmb 1 narcotic, or prescription device, or unlawful conversion 2 of any drug, narcotic or prescription device. 3 (9) Habitual or excessive use or addiction to 4 alcohol, narcotics, stimulants, or any other chemical 5 agent or drug which results in a licensee's inability to 6 practice with reasonable judgment, skill or safety. 7 (10) Discipline by another U.S. jurisdiction or 8 foreign nation, if at least one of the grounds for the 9 discipline is the same or substantially equivalent to 10 those set forth in this Section. 11 (11) A finding that the licensee, after having her 12 or his license placed on probationary status, has 13 violated the terms of probation. 14 (12) Being named as a perpetrator in an indicated 15 report by the Department of Children and Family Services 16 and under the Abused and Neglected Child Reporting Act, 17 and upon proof by clear and convincing evidence that the 18 licensee has caused a child to be an abused child or 19 neglected child as defined in the Abused and Neglected 20 Child Reporting Act. 21 (13) Willful omission to file or record, or 22 willfully impeding the filing or recording or inducing 23 another person to omit to file or record medical reports 24 as required by law or willfully failing to report an 25 instance of suspected child abuse or neglect as required 26 by the Abused and Neglected Child Reporting Act. 27 (14) Gross negligence in the practice of nursing. 28 (15) Holding oneself out to be practicing nursing 29 under any name other than one's own. 30 (16) Fraud, deceit or misrepresentation in applying 31 for or procuring a license under this Act or in 32 connection with applying for renewal of a license under 33 this Act. 34 (17) Allowing another person or organization to use -325- LRB9206615WHmb 1 the licensees' license to deceive the public. 2 (18) Willfully making or filing false records or 3 reports in the licensee's practice, including but not 4 limited to false records to support claims against the 5 medical assistance program of the Department of Human 6 ServicesPublic Aidunder the Illinois Public Aid Code. 7 (19) Attempting to subvert or cheat on a nurse 8 licensing examination administered under this Act. 9 (20) Immoral conduct in the commission of an act, 10 such as sexual abuse, sexual misconduct, or sexual 11 exploitation, related to the licensee's practice. 12 (21) Willfully or negligently violating the 13 confidentiality between nurse and patient except as 14 required by law. 15 (22) Practicing under a false or assumed name, 16 except as provided by law. 17 (23) The use of any false, fraudulent, or deceptive 18 statement in any document connected with the licensee's 19 practice. 20 (24) Directly or indirectly giving to or receiving 21 from a person, firm, corporation, partnership, or 22 association a fee, commission, rebate, or other form of 23 compensation for professional services not actually or 24 personally rendered. 25 (25) Failure of a licensee to report to the 26 Department any adverse final action taken against such 27 licensee by another licensing jurisdiction (any other 28 jurisdiction of the United States or any foreign state or 29 country), by any peer review body, by any health care 30 institution, by any professional or nursing society or 31 association, by any governmental agency, by any law 32 enforcement agency, or by any court or a nursing 33 liability claim related to acts or conduct similar to 34 acts or conduct that would constitute grounds for action -326- LRB9206615WHmb 1 as defined in this Section. 2 (26) Failure of a licensee to report to the 3 Department surrender by the licensee of a license or 4 authorization to practice nursing in another state or 5 jurisdiction, or current surrender by the licensee of 6 membership on any nursing staff or in any nursing or 7 professional association or society while under 8 disciplinary investigation by any of those authorities or 9 bodies for acts or conduct similar to acts or conduct 10 that would constitute grounds for action as defined by 11 this Section. 12 (27) A violation of the Health Care Worker 13 Self-Referral Act. 14 (28) Physical illness, including but not limited to 15 deterioration through the aging process or loss of motor 16 skill, mental illness, or disability that results in the 17 inability to practice the profession with reasonable 18 judgment, skill, or safety. 19 (c) The determination by a circuit court that a licensee 20 is subject to involuntary admission or judicial admission as 21 provided in the Mental Health and Developmental Disabilities 22 Code, as amended, operates as an automatic suspension. The 23 suspension will end only upon a finding by a court that the 24 patient is no longer subject to involuntary admission or 25 judicial admission and issues an order so finding and 26 discharging the patient; and upon the recommendation of the 27 Board to the Director that the licensee be allowed to resume 28 his or her practice. 29 (d) The Department may refuse to issue or may suspend 30 the license of any person who fails to file a return, or to 31 pay the tax, penalty or interest shown in a filed return, or 32 to pay any final assessment of the tax, penalty, or interest 33 as required by any tax Act administered by the Illinois 34 Department of Revenue, until such time as the requirements of -327- LRB9206615WHmb 1 any such tax Act are satisfied. 2 (e) In enforcing this Section, the Department or Board 3 upon a showing of a possible violation may compel an 4 individual licensed to practice under this Act, or who has 5 applied for licensure under this Act, to submit to a mental 6 or physical examination, or both, as required by and at the 7 expense of the Department. The Department or Board may order 8 the examining physician to present testimony concerning the 9 mental or physical examination of the licensee or applicant. 10 No information shall be excluded by reason of any common law 11 or statutory privilege relating to communications between the 12 licensee or applicant and the examining physician. The 13 examining physicians shall be specifically designated by the 14 Board or Department. The individual to be examined may have, 15 at his or her own expense, another physician of his or her 16 choice present during all aspects of this examination. 17 Failure of an individual to submit to a mental or physical 18 examination, when directed, shall be grounds for suspension 19 of his or her license until the individual submits to the 20 examination if the Department finds, after notice and 21 hearing, that the refusal to submit to the examination was 22 without reasonable cause. 23 If the Department or Board finds an individual unable to 24 practice because of the reasons set forth in this Section, 25 the Department or Board may require that individual to submit 26 to care, counseling, or treatment by physicians approved or 27 designated by the Department or Board, as a condition, term, 28 or restriction for continued, reinstated, or renewed 29 licensure to practice; or, in lieu of care, counseling, or 30 treatment, the Department may file, or the Board may 31 recommend to the Department to file, a complaint to 32 immediately suspend, revoke, or otherwise discipline the 33 license of the individual. An individual whose license was 34 granted, continued, reinstated, renewed, disciplined or -328- LRB9206615WHmb 1 supervised subject to such terms, conditions, or 2 restrictions, and who fails to comply with such terms, 3 conditions, or restrictions, shall be referred to the 4 Director for a determination as to whether the individual 5 shall have his or her license suspended immediately, pending 6 a hearing by the Department. 7 In instances in which the Director immediately suspends a 8 person's license under this Section, a hearing on that 9 person's license must be convened by the Department within 15 10 days after the suspension and completed without appreciable 11 delay. The Department and Board shall have the authority to 12 review the subject individual's record of treatment and 13 counseling regarding the impairment to the extent permitted 14 by applicable federal statutes and regulations safeguarding 15 the confidentiality of medical records. 16 An individual licensed under this Act and affected under 17 this Section shall be afforded an opportunity to demonstrate 18 to the Department or Board that he or she can resume practice 19 in compliance with acceptable and prevailing standards under 20 the provisions of his or her license. 21 (Source: P.A. 90-742, eff. 8-13-98.) 22 (225 ILCS 65/20-55) 23 Sec. 20-55. Suspension for imminent danger. The Director 24 of the Department may, upon receipt of a written 25 communication from the Secretary of Human Services, the26Director of Public Aid,or the Director of Public Health that 27 continuation of practice of a person licensed under this Act 28 constitutes an immediate danger to the public, immediately 29 suspend the license of such person without a hearing. In 30 instances in which the Director immediately suspends a 31 license under this Section, a hearing upon such person's 32 license must be convened by the Department within 30 days 33 after such suspension and completed without appreciable -329- LRB9206615WHmb 1 delay, such hearing held to determine whether to recommend to 2 the Director that the person's license be revoked, suspended, 3 placed on probationary status or reinstated, or such person 4 be subject to other disciplinary action. In such hearing, 5 the written communication and any other evidence submitted 6 therewith may be introduced as evidence against such person; 7 provided, however, the person, or his or her counsel, shall 8 have the opportunity to discredit or impeach and submit 9 evidence rebutting such evidence. 10 (Source: P.A. 89-507, eff. 7-1-97; 90-61, eff. 12-30-97; 11 90-742, eff. 8-13-98.) 12 Section 305. The Illinois Optometric Practice Act of 13 1987 is amended by changing Section 24 as follows: 14 (225 ILCS 80/24) (from Ch. 111, par. 3924) 15 Sec. 24. Grounds for disciplinary action. 16 (a) The Department may refuse to issue or to renew, or 17 may revoke, suspend, place on probation, reprimand or take 18 other disciplinary action as the Department may deem proper, 19 including fines not to exceed $5,000 for each violation, with 20 regard to any license or certificate for any one or 21 combination of the following causes: 22 (1) Violations of this Act, or of the rules 23 promulgated hereunder. 24 (2) Conviction of any crime under the laws of any 25 U.S. jurisdiction thereof that is a felony or that is a 26 misdemeanor of which an essential element is dishonesty, 27 or of any crime that is directly related to the practice 28 of the profession. 29 (3) Making any misrepresentation for the purpose of 30 obtaining a license or certificate. 31 (4) Professional incompetence or gross negligence 32 in the practice of optometry. -330- LRB9206615WHmb 1 (5) Gross malpractice, prima facie evidence of 2 which may be a conviction or judgment of malpractice in 3 any court of competent jurisdiction. 4 (6) Aiding or assisting another person in violating 5 any provision of this Act or rules. 6 (7) Failing, within 60 days, to provide information 7 in response to a written request made by the Department 8 that has been sent by certified or registered mail to the 9 licensee's last known address. 10 (8) Engaging in dishonorable, unethical, or 11 unprofessional conduct of a character likely to deceive, 12 defraud, or harm the public. 13 (9) Habitual or excessive use or addiction to 14 alcohol, narcotics, stimulants or any other chemical 15 agent or drug that results in the inability to practice 16 with reasonable judgment, skill, or safety. 17 (10) Discipline by another U.S. jurisdiction or 18 foreign nation, if at least one of the grounds for the 19 discipline is the same or substantially equivalent to 20 those set forth herein. 21 (11) Directly or indirectly giving to or receiving 22 from any person, firm, corporation, partnership, or 23 association any fee, commission, rebate, or other form of 24 compensation for any professional services not actually 25 or personally rendered. This shall not be deemed to 26 include (i) rent or other remunerations paid to an 27 individual, partnership, or corporation by an optometrist 28 for the lease, rental, or use of space, owned or 29 controlled, by the individual, partnership, corporation 30 or association, and (ii) the division of fees between an 31 optometrist and related professional service providers 32 with whom the optometrist practices in a professional 33 corporation organized under Section 3.6 of the 34 Professional Service Corporation Act. -331- LRB9206615WHmb 1 (12) A finding by the Department that the licensee, 2 after having his or her license placed on probationary 3 status has violated the terms of probation. 4 (13) Abandonment of a patient. 5 (14) Willfully making or filing false records or 6 reports in his or her practice, including but not limited 7 to false records filed with State agencies or 8 departments. 9 (15) Willfully failing to report an instance of 10 suspected child abuse or neglect as required by the 11 Abused and Neglected Child Reporting Act. 12 (16) Physical illness, including but not limited 13 to, deterioration through the aging process, or loss of 14 motor skill, mental illness, or disability that results 15 in the inability to practice the profession with 16 reasonable judgment, skill, or safety. 17 (17) Solicitation of professional services other 18 than permitted advertising. 19 (18) Failure to provide a patient with a copy of 20 his or her record or prescription upon the written 21 request of the patient. 22 (19) Conviction by any court of competent 23 jurisdiction, either within or without this State, of any 24 violation of any law governing the practice of optometry, 25 conviction in this or another State of any crime that is 26 a felony under the laws of this State or conviction of a 27 felony in a federal court, if the Department determines, 28 after investigation, that such person has not been 29 sufficiently rehabilitated to warrant the public trust. 30 (20) A finding that licensure has been applied for 31 or obtained by fraudulent means. 32 (21) Continued practice by a person knowingly 33 having an infectious or contagious disease. 34 (22) Being named as a perpetrator in an indicated -332- LRB9206615WHmb 1 report by the Department of Children and Family Services 2 under the Abused and Neglected Child Reporting Act, and 3 upon proof by clear and convincing evidence that the 4 licensee has caused a child to be an abused child or a 5 neglected child as defined in the Abused and Neglected 6 Child Reporting Act. 7 (23) Practicing or attempting to practice under a 8 name other than the full name as shown on his or her 9 license. 10 (24) Immoral conduct in the commission of any act, 11 such as sexual abuse, sexual misconduct or sexual 12 exploitation, related to the licensee's practice. 13 (25) Maintaining a professional relationship with 14 any person, firm, or corporation when the optometrist 15 knows, or should know, that such person, firm, or 16 corporation is violating this Act. 17 (26) Promotion of the sale of drugs, devices, 18 appliances or goods provided for a client or patient in 19 such manner as to exploit the patient or client for 20 financial gain of the licensee. 21 (27) Using the title "Doctor" or its abbreviation 22 without further qualifying that title or abbreviation 23 with the word "optometry" or "optometrist". 24 (28) Use by a licensed optometrist of the word 25 "infirmary", "hospital", "school", "university", in 26 English or any other language, in connection with the 27 place where optometry may be practiced or demonstrated. 28 (29) Continuance of an optometrist in the employ of 29 any person, firm or corporation, or as an assistant to 30 any optometrist or optometrists, directly or indirectly, 31 after his or her employer or superior has been found 32 guilty of violating or has been enjoined from violating 33 the laws of the State of Illinois relating to the 34 practice of optometry, when the employer or superior -333- LRB9206615WHmb 1 persists in that violation. 2 (30) The performance of optometric service in 3 conjunction with a scheme or plan with another person, 4 firm or corporation known to be advertising in a manner 5 contrary to this Act or otherwise violating the laws of 6 the State of Illinois concerning the practice of 7 optometry. 8 (31) Failure to provide satisfactory proof of 9 having participated in approved continuing education 10 programs as determined by the Board and approved by the 11 Director. Exceptions for extreme hardships are to be 12 defined by the rules of the Department. 13 (32) Willfully making or filing false records or 14 reports in the practice of optometry, including, but not 15 limited to false records to support claims against the 16 medical assistance program of the Department of Human 17 ServicesPublic Aidunder the Illinois Public Aid Code. 18 (33) Gross and willful overcharging for 19 professional services including filing false statements 20 for collection of fees for which services are not 21 rendered, including, but not limited to filing false 22 statements for collection of monies for services not 23 rendered from the medical assistance program of the 24 Department of Human ServicesPublic Aidunder the 25 Illinois Public Aid Code. 26 (34) In the absence of good reasons to the 27 contrary, failure to perform a minimum eye examination as 28 required by the rules of the Department. 29 (35) Violation of the Health Care Worker 30 Self-Referral Act. 31 The Department may refuse to issue or may suspend the 32 license or certificate of any person who fails to file a 33 return, or to pay the tax, penalty or interest shown in a 34 filed return, or to pay any final assessment of the tax, -334- LRB9206615WHmb 1 penalty or interest, as required by any tax Act administered 2 by the Illinois Department of Revenue, until such time as the 3 requirements of any such tax Act are satisfied. 4 (a-5) In enforcing this Section, the Board upon a 5 showing of a possible violation, may compel any individual 6 licensed to practice under this Act, or who has applied for 7 licensure or certification pursuant to this Act, to submit to 8 a mental or physical examination, or both, as required by and 9 at the expense of the Department. The examining physicians 10 or clinical psychologists shall be those specifically 11 designated by the Board. The Board or the Department may 12 order the examining physician or clinical psychologist to 13 present testimony concerning this mental or physical 14 examination of the licensee or applicant. No information 15 shall be excluded by reason of any common law or statutory 16 privilege relating to communications between the licensee or 17 applicant and the examining physician or clinical 18 psychologist. Eye examinations may be provided by a licensed 19 and certified therapeutic optometrist. The individual to be 20 examined may have, at his or her own expense, another 21 physician of his or her choice present during all aspects of 22 the examination. Failure of any individual to submit to a 23 mental or physical examination, when directed, shall be 24 grounds for suspension of a license until such time as the 25 individual submits to the examination if the Board finds, 26 after notice and hearing, that the refusal to submit to the 27 examination was without reasonable cause. 28 If the Board finds an individual unable to practice 29 because of the reasons set forth in this Section, the Board 30 shall require such individual to submit to care, counseling, 31 or treatment by physicians or clinical psychologists approved 32 or designated by the Board, as a condition, term, or 33 restriction for continued, reinstated, or renewed licensure 34 to practice, or in lieu of care, counseling, or treatment, -335- LRB9206615WHmb 1 the Board may recommend to the Department to file a complaint 2 to immediately suspend, revoke, or otherwise discipline the 3 license of the individual, or the Board may recommend to the 4 Department to file a complaint to suspend, revoke, or 5 otherwise discipline the license of the individual. Any 6 individual whose license was granted pursuant to this Act, or 7 continued, reinstated, renewed, disciplined, or supervised, 8 subject to such conditions, terms, or restrictions, who shall 9 fail to comply with such conditions, terms, or restrictions, 10 shall be referred to the Director for a determination as to 11 whether the individual shall have his or her license 12 suspended immediately, pending a hearing by the Board. 13 (b) The determination by a circuit court that a licensee 14 is subject to involuntary admission or judicial admission as 15 provided in the Mental Health and Developmental Disabilities 16 Code operates as an automatic suspension. The suspension 17 will end only upon a finding by a court that the patient is 18 no longer subject to involuntary admission or judicial 19 admission and issues an order so finding and discharging the 20 patient; and upon the recommendation of the Board to the 21 Director that the licensee be allowed to resume his or her 22 practice. 23 (Source: P.A. 89-702, eff. 7-1-97; 90-230, eff. 1-1-98; 24 90-655, eff. 7-30-98.) 25 Section 310. The Pharmacy Practice Act of 1987 is 26 amended by changing Sections 30 and 33 as follows: 27 (225 ILCS 85/30) (from Ch. 111, par. 4150) 28 Sec. 30. (a) In accordance with Section 11 of this Act, 29 the Department may refuse to issue, restore, or renew, or may 30 revoke, suspend, place on probation, reprimand or take other 31 disciplinary action as the Department may deem proper with 32 regard to any license or certificate of registration for any -336- LRB9206615WHmb 1 one or combination of the following causes: 2 1. Material misstatement in furnishing information 3 to the Department. 4 2. Violations of this Act, or the rules promulgated 5 hereunder. 6 3. Making any misrepresentation for the purpose of 7 obtaining licenses. 8 4. A pattern of conduct which demonstrates 9 incompetence or unfitness to practice. 10 5. Aiding or assisting another person in violating 11 any provision of this Act or rules. 12 6. Failing, within 60 days, to respond to a written 13 request made by the Department for information. 14 7. Engaging in dishonorable, unethical or 15 unprofessional conduct of a character likely to deceive, 16 defraud or harm the public. 17 8. Discipline by another U.S. jurisdiction or 18 foreign nation, if at least one of the grounds for the 19 discipline is the same or substantially equivalent to 20 those set forth herein. 21 9. Directly or indirectly giving to or receiving 22 from any person, firm, corporation, partnership or 23 association any fee, commission, rebate or other form of 24 compensation for any professional services not actually 25 or personally rendered. 26 10. A finding by the Department that the licensee, 27 after having his license placed on probationary status 28 has violated the terms of probation. 29 11. Selling or engaging in the sale of drug samples 30 provided at no cost by drug manufacturers. 31 12. Physical illness, including but not limited to, 32 deterioration through the aging process, or loss of motor 33 skill which results in the inability to practice the 34 profession with reasonable judgment, skill or safety. -337- LRB9206615WHmb 1 13. A finding that licensure or registration has 2 been applied for or obtained by fraudulent means. 3 14. The applicant, or licensee has been convicted 4 in state or federal court of any crime which is a felony 5 or any misdemeanor related to the practice of pharmacy, 6 of which an essential element is dishonesty. 7 15. Habitual or excessive use or addiction to 8 alcohol, narcotics, stimulants or any other chemical 9 agent or drug which results in the inability to practice 10 with reasonable judgment, skill or safety. 11 16. Willfully making or filing false records or 12 reports in the practice of pharmacy, including, but not 13 limited to false records to support claims against the 14 medical assistance program of the Department of Human 15 ServicesPublic Aidunder the Public Aid Code. 16 17. Gross and willful overcharging for professional 17 services including filing false statements for collection 18 of fees for which services are not rendered, including, 19 but not limited to, filing false statements for 20 collection of monies for services not rendered from the 21 medical assistance program of the Department of Human 22 ServicesPublic Aidunder the Public Aid Code. 23 18. Repetitiously dispensing prescription drugs 24 without receiving a written or oral prescription. 25 19. Upon a finding of a substantial discrepancy in 26 a Department audit of a prescription drug, including 27 controlled substances, as that term is defined in this 28 Act or in the Illinois Controlled Substances Act. 29 20. Physical illness which results in the inability 30 to practice with reasonable judgment, skill or safety, or 31 mental incompetency as declared by a court of competent 32 jurisdiction. 33 21. Violation of the Health Care Worker 34 Self-Referral Act. -338- LRB9206615WHmb 1 (b) The Department may refuse to issue or may suspend 2 the license or registration of any person who fails to file a 3 return, or to pay the tax, penalty or interest shown in a 4 filed return, or to pay any final assessment of tax, penalty 5 or interest, as required by any tax Act administered by the 6 Illinois Department of Revenue, until such time as the 7 requirements of any such tax Act are satisfied. 8 (c) The Department shall revoke the license or 9 certificate of registration issued under the provisions of 10 this Act or any prior Act of this State of any person who has 11 been convicted a second time of committing any felony under 12 the Illinois Controlled Substances Act, or who has been 13 convicted a second time of committing a Class 1 felony under 14 Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A 15 person whose license or certificate of registration issued 16 under the provisions of this Act or any prior Act of this 17 State is revoked under this subsection (c) shall be 18 prohibited from engaging in the practice of pharmacy in this 19 State. 20 (d) In any order issued in resolution of a disciplinary 21 proceeding, the Board may request any licensee found guilty 22 of a charge involving a significant violation of subsection 23 (a) of Section 5, or paragraph 19 of Section 30 as it 24 pertains to controlled substances, to pay to the Department a 25 fine not to exceed $2,000. 26 (e) In any order issued in resolution of a disciplinary 27 proceeding, in addition to any other disciplinary action, the 28 Board may request any licensee found guilty of noncompliance 29 with the continuing education requirements of Section 12 to 30 pay the Department a fine not to exceed $1000. 31 (f) The Department shall issue quarterly to the Board a 32 status of all complaints related to the profession received 33 by the Department. 34 (Source: P.A. 86-596; 86-1434; 86-1472; 87-1207.) -339- LRB9206615WHmb 1 (225 ILCS 85/33) (from Ch. 111, par. 4153) 2 Sec. 33. The Director of the Department may, upon 3 receipt of a written communication from the Secretary of 4 Human Services, the Director of Public Aid,or the Director 5 of Public Health that continuation of practice of a person 6 licensed or registered under this Act constitutes an 7 immediate danger to the public, immediately suspend the 8 license or registration of such person without a hearing. In 9 instances in which the Director immediately suspends a 10 license or registration under this Act, a hearing upon such 11 person's license must be convened by the Board within 15 days 12 after such suspension and completed without appreciable 13 delay, such hearing held to determine whether to recommend to 14 the Director that the person's license be revoked, suspended, 15 placed on probationary status or reinstated, or such person 16 be subject to other disciplinary action. In such hearing, 17 the written communication and any other evidence submitted 18 therewith may be introduced as evidence against such person; 19 provided however, the person, or his counsel, shall have the 20 opportunity to discredit or impeach such evidence and submit 21 evidence rebutting same. 22 (Source: P.A. 89-507, eff. 7-1-97; 90-655, eff. 7-30-98.) 23 Section 315. The Podiatric Medical Practice Act of 1987 24 is amended by changing Section 24 as follows: 25 (225 ILCS 100/24) (from Ch. 111, par. 4824) 26 Sec. 24. Refusal to issue or suspension or revocation of 27 license; grounds. The Department may refuse to issue, may 28 refuse to renew, may refuse to restore, may suspend, or may 29 revoke any license, or may place on probation, reprimand or 30 take other disciplinary action as the Department may deem 31 proper, including fines not to exceed $5,000 for each 32 violation upon anyone licensed under this Act for any of the -340- LRB9206615WHmb 1 following reasons: 2 (1) Making a material misstatement in furnishing 3 information to the Department. 4 (2) Violations of this Act, or of the rules or 5 regulations promulgated hereunder. 6 (3) Conviction of any crime under the laws of any United 7 States jurisdiction that is a felony or a misdemeanor, of 8 which an essential element is dishonesty, or of any crime 9 that is directly related to the practice of the profession. 10 (4) Making any misrepresentation for the purpose of 11 obtaining licenses, or violating any provision of this Act or 12 the rules promulgated thereunder pertaining to advertising. 13 (5) Professional incompetence. 14 (6) Gross or repeated malpractice or negligence. 15 (7) Aiding or assisting another person in violating any 16 provision of this Act or rules. 17 (8) Failing, within 60 days, to provide information in 18 response to a written request made by the Department. 19 (9) Engaging in dishonorable, unethical or 20 unprofessional conduct of a character likely to deceive, 21 defraud or harm the public. 22 (10) Habitual or excessive use of alcohol, narcotics, 23 stimulants or other chemical agent or drug that results in 24 the inability to practice podiatric medicine with reasonable 25 judgment, skill or safety. 26 (11) Discipline by another United States jurisdiction if 27 at least one of the grounds for the discipline is the same or 28 substantially equivalent to those set forth in this Section. 29 (12) Directly or indirectly giving to or receiving from 30 any person, firm, corporation, partnership or association any 31 fee, commission, rebate or other form of compensation for any 32 professional services not actually or personally rendered. 33 This shall not be deemed to include rent or other 34 remunerations paid to an individual, partnership, or -341- LRB9206615WHmb 1 corporation, by a licensee, for the lease, rental or use of 2 space, owned or controlled, by the individual, partnership or 3 corporation. 4 (13) A finding by the Podiatric Medical Licensing Board 5 that the licensee, after having his or her license placed on 6 probationary status, has violated the terms of probation. 7 (14) Abandonment of a patient. 8 (15) Willfully making or filing false records or reports 9 in his or her practice, including but not limited to false 10 records filed with state agencies or departments. 11 (16) Willfully failing to report an instance of 12 suspected child abuse or neglect as required by the Abused 13 and Neglected Child Report Act. 14 (17) Physical illness, including but not limited to, 15 deterioration through the aging process, or loss of motor 16 skill that results in the inability to practice the 17 profession with reasonable judgment, skill or safety. 18 (18) Solicitation of professional services other than 19 permitted advertising. 20 (19) The determination by a circuit court that a 21 licensed podiatric physician is subject to involuntary 22 admission or judicial admission as provided in the Mental 23 Health and Developmental Disabilities Code operates as an 24 automatic suspension. Such suspension will end only upon a 25 finding by a court that the patient is no longer subject to 26 involuntary admission or judicial admission and issues an 27 order so finding and discharging the patient; and upon the 28 recommendation of the Podiatric Medical Licensing Board to 29 the Director that the licensee be allowed to resume his or 30 her practice. 31 (20) Holding oneself out to treat human ailments under 32 any name other than his or her own, or the impersonation of 33 any other physician. 34 (21) Revocation or suspension or other action taken with -342- LRB9206615WHmb 1 respect to a podiatric medical license in another 2 jurisdiction that would constitute disciplinary action under 3 this Act. 4 (22) Promotion of the sale of drugs, devices, appliances 5 or goods provided for a patient in such manner as to exploit 6 the patient for financial gain of the podiatric physician. 7 (23) Gross, willful, and continued overcharging for 8 professional services including filing false statements for 9 collection of fees for those services, including, but not 10 limited to, filing false statement for collection of monies 11 for services not rendered from the medical assistance program 12 of the Department of Human ServicesPublic Aidunder the 13 Illinois Public Aid Code or other private or public third 14 party payor. 15 (24) Being named as a perpetrator in an indicated report 16 by the Department of Children and Family Services under the 17 Abused and Neglected Child Reporting Act, and upon proof by 18 clear and convincing evidence that the licensee has caused a 19 child to be an abused child or neglected child as defined in 20 the Abused and Neglected Child Reporting Act. 21 (25) Willfully making or filing false records or reports 22 in the practice of podiatric medicine, including, but not 23 limited to, false records to support claims against the 24 medical assistance program of the Department of Human 25 ServicesPublic Aidunder the Illinois Public Aid Code. 26 (26) Mental illness or disability that results in the 27 inability to practice with reasonable judgment, skill or 28 safety. 29 (27) Immoral conduct in the commission of any act 30 including, sexual abuse, sexual misconduct, or sexual 31 exploitation, related to the licensee's practice. 32 (28) Violation of the Health Care Worker Self-Referral 33 Act. 34 (29) Failure to report to the Department any adverse -343- LRB9206615WHmb 1 final action taken against him or her by another licensing 2 jurisdiction (another state or a territory of the United 3 States or a foreign state or country) by a peer review body, 4 by any health care institution, by a professional society or 5 association related to practice under this Act, by a 6 governmental agency, by a law enforcement agency, or by a 7 court for acts or conduct similar to acts or conduct that 8 would constitute grounds for action as defined in this 9 Section. 10 The Department may refuse to issue or may suspend the 11 license of any person who fails to file a return, or to pay 12 the tax, penalty or interest shown in a filed return, or to 13 pay any final assessment of tax, penalty or interest, as 14 required by any tax Act administered by the Illinois 15 Department of Revenue, until such time as the requirements of 16 any such tax Act are satisfied. 17 Upon receipt of a written communication from the 18 Secretary of Human Services, the Director of Public Aid,or 19 the Director of Public Health that continuation of practice 20 of a person licensed under this Act constitutes an immediate 21 danger to the public, the Director may immediately suspend 22 the license of such person without a hearing. In instances 23 in which the Director immediately suspends a license under 24 this Section, a hearing upon such person's license must be 25 convened by the Board within 15 days after such suspension 26 and completed without appreciable delay, such hearing held to 27 determine whether to recommend to the Director that the 28 person's license be revoked, suspended, placed on 29 probationary status or reinstated, or such person be subject 30 to other disciplinary action. In such hearing, the written 31 communication and any other evidence submitted therewith may 32 be introduced as evidence against such person; provided, 33 however, the person or his counsel shall have the opportunity 34 to discredit or impeach such evidence and submit evidence -344- LRB9206615WHmb 1 rebutting the same. 2 All proceedings to suspend, revoke, place on probationary 3 status, or take any other disciplinary action as the 4 Department may deem proper, with regard to a license on any 5 of the foregoing grounds, must be commenced within 3 years 6 after receipt by the Department of a complaint alleging the 7 commission of or notice of the conviction order for any of 8 the acts described in this Section. Except for fraud in 9 procuring a license, no action shall be commenced more than 5 10 years after the date of the incident or act alleged to have 11 been a violation of this Section. In the event of the 12 settlement of any claim or cause of action in favor of the 13 claimant or the reduction to final judgment of any civil 14 action in favor of the plaintiff, such claim, cause of 15 action, or civil action being grounded on the allegation that 16 a person licensed under this Act was negligent in providing 17 care, the Department shall have an additional period of one 18 year from the date of notification to the Department under 19 Section 26 of this Act of such settlement or final judgment 20 in which to investigate and commence formal disciplinary 21 proceedings under Section 24 of this Act, except as otherwise 22 provided by law. The time during which the holder of the 23 license was outside the State of Illinois shall not be 24 included within any period of time limiting the commencement 25 of disciplinary action by the Department. 26 In enforcing this Section, the Department or Board upon a 27 showing of a possible violation may compel an individual 28 licensed to practice under this Act, or who has applied for 29 licensure under this Act, to submit to a mental or physical 30 examination, or both, as required by and at the expense of 31 the Department. The Department or Board may order the 32 examining physician to present testimony concerning the 33 mental or physical examination of the licensee or applicant. 34 No information shall be excluded by reason of any common law -345- LRB9206615WHmb 1 or statutory privilege relating to communications between the 2 licensee or applicant and the examining physician. The 3 examining physicians shall be specifically designated by the 4 Board or Department. The individual to be examined may have, 5 at his or her own expense, another physician of his or her 6 choice present during all aspects of this examination. 7 Failure of an individual to submit to a mental or physical 8 examination, when directed, shall be grounds for suspension 9 of his or her license until the individual submits to the 10 examination if the Department finds, after notice and 11 hearing, that the refusal to submit to the examination was 12 without reasonable cause. 13 If the Department or Board finds an individual unable to 14 practice because of the reasons set forth in this Section, 15 the Department or Board may require that individual to submit 16 to care, counseling, or treatment by physicians approved or 17 designated by the Department or Board, as a condition, term, 18 or restriction for continued, reinstated, or renewed 19 licensure to practice; or, in lieu of care, counseling, or 20 treatment, the Department may file, or the Board may 21 recommend to the Department to file, a complaint to 22 immediately suspend, revoke, or otherwise discipline the 23 license of the individual. An individual whose license was 24 granted, continued, reinstated, renewed, disciplined or 25 supervised subject to such terms, conditions, or 26 restrictions, and who fails to comply with such terms, 27 conditions, or restrictions, shall be referred to the 28 Director for a determination as to whether the individual 29 shall have his or her license suspended immediately, pending 30 a hearing by the Department. 31 In instances in which the Director immediately suspends a 32 person's license under this Section, a hearing on that 33 person's license must be convened by the Department within 15 34 days after the suspension and completed without appreciable -346- LRB9206615WHmb 1 delay. The Department and Board shall have the authority to 2 review the subject individual's record of treatment and 3 counseling regarding the impairment to the extent permitted 4 by applicable federal statutes and regulations safeguarding 5 the confidentiality of medical records. 6 An individual licensed under this Act and affected under 7 this Section shall be afforded an opportunity to demonstrate 8 to the Department or Board that he or she can resume practice 9 in compliance with acceptable and prevailing standards under 10 the provisions of his or her license. 11 (Source: P.A. 89-507, eff. 7-1-97; 90-76, eff. 12-30-97.) 12 Section 320. The Illinois Speech-Language Pathology and 13 Audiology Practice Act is amended by changing Section 16 as 14 follows: 15 (225 ILCS 110/16) (from Ch. 111, par. 7916) 16 Sec. 16. Refusal, revocation or suspension of licenses. 17 (1) The Department may refuse to issue or renew, or may 18 revoke, suspend, place on probation, censure, reprimand or 19 take other disciplinary action as the Department may deem 20 proper, including fines not to exceed $5,000 for each 21 violation, with regard to any license for any one or 22 combination of the following causes: 23 (a) Fraud in procuring the license. 24 (b) Habitual intoxication or addiction to the use 25 of drugs. 26 (c) Willful or repeated violations of the rules of 27 the Department of Public Health. 28 (d) Division of fees or agreeing to split or divide 29 the fees received for speech-language pathology or 30 audiology services with any person for referring an 31 individual, or assisting in the care or treatment of an 32 individual, without the knowledge of the individual or -347- LRB9206615WHmb 1 his or her legal representative. 2 (e) Employing, procuring, inducing, aiding or 3 abetting a person not licensed as a speech-language 4 pathologist or audiologist to engage in the unauthorized 5 practice of speech-language pathology or audiology. 6 (f) Making any misrepresentations or false 7 promises, directly or indirectly, to influence, persuade 8 or induce patronage. 9 (g) Professional connection or association with, or 10 lending his or her name to another for the illegal 11 practice of speech-language pathology or audiology by 12 another, or professional connection or association with 13 any person, firm or corporation holding itself out in any 14 manner contrary to this Act. 15 (h) Obtaining or seeking to obtain checks, money, 16 or any other things of value by false or fraudulent 17 representations, including but not limited to, engaging 18 in such fraudulent practice to defraud the medical 19 assistance program of the Department of Human Services 20Public Aid. 21 (i) Practicing under a name other than his or her 22 own. 23 (j) Improper, unprofessional or dishonorable 24 conduct of a character likely to deceive, defraud or harm 25 the public. 26 (k) Conviction in this or another state of any 27 crime which is a felony under the laws of this State or 28 conviction of a felony in a federal court, if the 29 Department determines, after investigation, that such 30 person has not been sufficiently rehabilitated to warrant 31 the public trust. 32 (1) Permitting a person under his or her 33 supervision to perform any function not authorized by 34 this Act. -348- LRB9206615WHmb 1 (m) A violation of any provision of this Act or 2 rules promulgated thereunder. 3 (n) Revocation by another state, the District of 4 Columbia, territory, or foreign nation of a license to 5 practice speech-language pathology or audiology in its 6 jurisdiction if at least one of the grounds for that 7 revocation is the same as or the equivalent of one of the 8 grounds for revocation set forth herein. 9 (o) Willfully failing to report an instance of 10 suspected child abuse or neglect as required by the 11 Abused and Neglected Child Reporting Act. 12 (p) Gross or repeated malpractice resulting in 13 injury or death of an individual. 14 (q) Willfully making or filing false records or 15 reports in his or her practice as a speech-language 16 pathologist or audiologist, including, but not limited 17 to, false records to support claims against the public 18 assistance program of the Illinois Department of Human 19 ServicesPublic Aid. 20 (r) Professional incompetence as manifested by poor 21 standards of care or mental incompetence as declared by a 22 court of competent jurisdiction. 23 (s) Repeated irregularities in billing a third 24 party for services rendered to an individual. For 25 purposes of this Section, "irregularities in billing" 26 shall include: 27 (i) reporting excessive charges for the 28 purpose of obtaining a total payment in excess of 29 that usually received by the speech-language 30 pathologist or audiologist for the services 31 rendered; 32 (ii) reporting charges for services not 33 rendered; or 34 (iii) incorrectly reporting services rendered -349- LRB9206615WHmb 1 for the purpose of obtaining payment not earned. 2 (t) (Blank). 3 (u) Violation of the Health Care Worker 4 Self-Referral Act. 5 (v) Physical illness, including but not limited to 6 deterioration through the aging process or loss of motor 7 skill, mental illness, or disability that results in the 8 inability to practice the profession with reasonable 9 judgment, skill, or safety. 10 (2) The Department shall deny a license or renewal 11 authorized by this Act to any person who has defaulted on an 12 educational loan guaranteed by the Illinois State Scholarship 13 Commission; however, the Department may issue a license or 14 renewal if the aforementioned persons have established a 15 satisfactory repayment record as determined by the Illinois 16 State Scholarship Commission. 17 (3) The entry of an order by a circuit court 18 establishing that any person holding a license under this Act 19 is subject to involuntary admission or judicial admission as 20 provided for in the Mental Health and Developmental 21 Disabilities Code, operates as an automatic suspension of 22 that license. That person may have his or her license 23 restored only upon the determination by a circuit court that 24 the patient is no longer subject to involuntary admission or 25 judicial admission and the issuance of an order so finding 26 and discharging the patient, and upon the Board's 27 recommendation to the Department that the license be 28 restored. Where the circumstances so indicate, the Board may 29 recommend to the Department that it require an examination 30 prior to restoring any license automatically suspended under 31 this subsection. 32 (4) The Department may refuse to issue or may suspend 33 the license of any person who fails to file a return, or to 34 pay the tax, penalty, or interest shown in a filed return, or -350- LRB9206615WHmb 1 to pay any final assessment of the tax penalty or interest, 2 as required by any tax Act administered by the Department of 3 Revenue, until such time as the requirements of any such tax 4 Act are satisfied. 5 (5) In enforcing this Section, the Board upon a showing 6 of a possible violation may compel an individual licensed to 7 practice under this Act, or who has applied for licensure 8 pursuant to this Act, to submit to a mental or physical 9 examination, or both, as required by and at the expense of 10 the Department. The examining physicians or clinical 11 psychologists shall be those specifically designated by the 12 Board. The individual to be examined may have, at his or her 13 own expense, another physician or clinical psychologist of 14 his or her choice present during all aspects of this 15 examination. Failure of any individual to submit to a mental 16 or physical examination, when directed, shall be grounds for 17 suspension of his or her license until the individual submits 18 to the examination if the Board finds, after notice and 19 hearing, that the refusal to submit to the examination was 20 without reasonable cause. 21 If the Board finds an individual unable to practice 22 because of the reasons set forth in this Section, the Board 23 may require that individual to submit to care, counseling, or 24 treatment by physicians or clinical psychologists approved or 25 designated by the Board, as a condition, term, or restriction 26 for continued, reinstated, or renewed licensure to practice; 27 or, in lieu of care, counseling, or treatment, the Board may 28 recommend to the Department to file a complaint to 29 immediately suspend, revoke, or otherwise discipline the 30 license of the individual. Any individual whose license was 31 granted, continued, reinstated, renewed, disciplined or 32 supervised subject to such terms, conditions, or 33 restrictions, and who fails to comply with such terms, 34 conditions, or restrictions, shall be referred to the -351- LRB9206615WHmb 1 Director for a determination as to whether the individual 2 shall have his or her license suspended immediately, pending 3 a hearing by the Board. 4 In instances in which the Director immediately suspends a 5 person's license under this Section, a hearing on that 6 person's license must be convened by the Board within 15 days 7 after the suspension and completed without appreciable delay. 8 The Board shall have the authority to review the subject 9 individual's record of treatment and counseling regarding the 10 impairment to the extent permitted by applicable federal 11 statutes and regulations safeguarding the confidentiality of 12 medical records. 13 An individual licensed under this Act and affected under 14 this Section shall be afforded an opportunity to demonstrate 15 to the Board that he or she can resume practice in compliance 16 with acceptable and prevailing standards under the provisions 17 of his or her license. 18 (Source: P.A. 90-69, eff. 7-8-97.) 19 Section 325. The Auction License Act is amended by 20 changing Section 20-20 as follows: 21 (225 ILCS 407/20-20) 22 Sec. 20-20. Termination without hearing for failure to 23 pay taxes, child support, or a student loan. OBRE may 24 terminate or otherwise discipline any license issued under 25 this Act without hearing if the appropriate administering 26 agency provides adequate information and proof that the 27 licensee has: 28 (1) failed to file a return, to pay the tax, 29 penalty, or interest shown in a filed return, or to pay 30 any final assessment of tax, penalty, or interest, as 31 required by any tax act administered by the Illinois 32 Department of Revenue until the requirements of the tax -352- LRB9206615WHmb 1 act are satisfied; 2 (2) failed to pay any court ordered child support 3 as determined by a court order or by referral from the 4 Illinois Department of Human ServicesPublic Aid; or 5 (3) failed to repay any student loan or assistance 6 as determined by the Illinois Student Assistance 7 Commission. If a license is terminated or otherwise 8 disciplined pursuant to this Section, the licensee may 9 request a hearing as provided by this Act within 30 days 10 of notice of termination or discipline. 11 (Source: P.A. 91-603, eff. 1-1-00.) 12 Section 330. The Real Estate License Act of 2000 is 13 amended by changing Section 20-45 as follows: 14 (225 ILCS 454/20-45) 15 Sec. 20-45. Nonpayment of child support. In cases in 16 which the Department of Human ServicesPublic Aidhas 17 previously determined that a licensee or a potential licensee 18 is more than 30 days delinquent in the payment of child 19 support and has subsequently certified the delinquency to 20 OBRE, OBRE may refuse to issue or renew or may revoke or 21 suspend that person's license or may take other disciplinary 22 action against that person based solely upon the 23 certification of delinquency made by the Department of Human 24 ServicesPublic Aid. Redetermination of the delinquency by 25 OBRE shall not be required. In cases regarding the renewal 26 of a license, OBRE shall not renew any license if the 27 Department of Human ServicesPublic Aidhas certified the 28 licensee to be more than 30 days delinquent in the payment of 29 child support unless the licensee has arranged for payment of 30 past and current child support obligations in a manner 31 satisfactory to the Department of Human ServicesPublic Aid. 32 OBRE may impose conditions, restrictions, or disciplinary -353- LRB9206615WHmb 1 action upon that renewal. 2 (Source: P.A. 91-245, eff. 12-31-99.) 3 Section 335. The Illinois Public Aid Code is amended by 4 changing Sections 2-12, 2-12.5, 2-14, 3-10.7, 3-10.9, 3-13, 5 4-1.7, 4-2, 4-4.1, 5-1.1, 5-4, 5-4.23, 5-4.33, 5-5, 5-5.01, 6 5-5.1, 5-5.3, 5-5.4, 5-5.4a, 5-5.5, 5-5.5a, 5-5.7, 5-5.8a, 7 5-5.8b, 5-9, 5-11, 5-11.1, 5-15.5, 5-16.1, 5-16.4, 5-21, 8 5A-7, 5B-7, 5C-6, 6-11, 8A-7.1, 8A-9, 9-1, 10-1, 10-13.4, 9 10-15, 10-17.9, 10-24.35, 10-24.40, 10-24.50, 11-8.3, 11-9, 10 11-27, 12-1, 12-4.7c, 12-4.9, 12-4.17, 12-4.20c, 12-4.20d, 11 12-4.25, 12-4.35, 12-4.201, 12-8.1, 12-9, 12-10.1, 12-10.4, 12 12-13.1, 12-16, 12-20, and 14-7 as follows: 13 (305 ILCS 5/2-12) (from Ch. 23, par. 2-12) 14 Sec. 2-12. "Illinois Department"; "Department". In this 15 Code, "Illinois Department" or "Department", when a16particular entity is not specified,means thefollowing:17(1) In the case of a function performed before July 1,181997 (the effective date of theDepartment of Human Services 19Act), the term means the Department of Public Aid. 20(2) In the case of a function to be performed on or21after July 1, 1997 under Article III, IV, VI, IX, or IXA, the22term means the Department of Human Services as successor to23the Illinois Department of Public Aid.24(3) In the case of a function to be performed on or25after July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E,26X, XIV, or XV, the term means the Illinois Department of27Public Aid.28(4) In the case of a function to be performed on or29after July 1, 1997 under Article I, II, VIIIA, XI, XII, or30XIII, the term means the Department of Human Services (acting31as successor to the Illinois Department of Public Aid) or the32Illinois Department of Public Aid or both, according to-354- LRB9206615WHmb 1whether that function, in the specific context, has been2allocated to the Department of Human Services or the3Department of Public Aid or both of those departments.4 (Source: P.A. 89-507, eff. 7-1-97.) 5 (305 ILCS 5/2-12.5) 6 Sec. 2-12.5. Secretary."Director of the Illinois7Department"; "Director of the Department"; "Director".In 8 this Code, "Secretary""Director of the Illinois Department",9"Director of the Department", or "Director", when a10particular official is not specified,means thefollowing:11(1) In the case of a function performed before July 1,121997 (the effective date of the Department of Human Services13Act), the term means the Director of Public Aid.14(2) In the case of a function to be performed on or15after July 1, 1997 under Article III, IV, VI, IX, or IXA, the16term means theSecretary of Human Services. "Director", when 17 used in connection with an occurrence before the effective 18 date of this amendatory Act of the 92nd General Assembly, 19 means the former Director of Public Aid. 20(3) In the case of a function to be performed on or21after July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E,22X, XIV, or XV, the term means the Director of Public Aid.23(4) In the case of a function to be performed on or24after July 1, 1997 under Article I, II, VIIIA, XI, XII, or25XIII, the term means the Secretary of Human Services or the26Director of Public Aid or both, according to whether that27function, in the specific context, has been allocated to the28Department of Human Services or the Department of Public Aid29or both of those departments.30 (Source: P.A. 89-507, eff. 7-1-97.) 31 (305 ILCS 5/2-14) (from Ch. 23, par. 2-14) 32 Sec. 2-14. "Local governmental unit". Every county, city, -355- LRB9206615WHmb 1 village, incorporated town or township charged with the duty 2 of providing public aid under Article VI; and County Veterans 3 Assistance Commissions providing general assistance to 4 indigent war veterans and their families under Section 5 12-21.13 of Article XII. 6 However, should any Section of this Code impose the 7 obligation of providing medical assistance to persons who are 8 non-residents of the State of Illinois upon a local 9 governmental unit, the term "local governmental unit" shall 10 not include townships. In such case the obligation for 11 providing medical assistance to non-residents which would 12 otherwise be the duty of a township shall become the 13 obligation of the Illinois Departmentof Public Aid. 14 (Source: P.A. 81-519; 81-1085; 81-1509.) 15 (305 ILCS 5/3-10.7) (from Ch. 23, par. 3-10.7) 16 Sec. 3-10.7. Foreclosure of lien. Upon the death of the 17 recipient, or prior thereto in cases of fraud if the Illinois 18 Department deems such action necessary to preserve the 19 security of the lien, the Illinois Department, acting in 20 behalf of the State, may foreclose the lien in a judicial 21 proceeding to the same extent and in the same manner as in 22 the enforcement of other liens. The process, practice and 23 procedure for such foreclosure shall be the same as provided 24 in the Civil Practice Law, as amended. 25 If the amount bid for the property at the sale is less 26 than the amount of the lien, or if there are no bidders, the 27 Illinois Department may purchase the property for the use of 28 the People of the State of Illinois. Property so acquired may 29 be sold to the highest bidder, after advertisement in the 30 State official newspaper, the sale to be not less than 10 31 days after the advertisement. Upon a sale, the deed shall be 32 executed by the Illinois Department for the use of the People 33 of the State of Illinois, and shall be signed by the -356- LRB9206615WHmb 1 SecretaryDirector. 2 Except in cases of fraud, the Illinois Department shall 3 defer foreclosure proceedings on property occupied as a 4 homestead by the recipient, his surviving spouse, or a 5 relative of the recipient as defined by the rules and 6 regulations of the Illinois Department. 7 (Source: P.A. 89-507, eff. 7-1-97.) 8 (305 ILCS 5/3-10.9) (from Ch. 23, par. 3-10.9) 9 Sec. 3-10.9. Redemption. Except as to any sale had by 10 virtue of a judgment of foreclosure in accordance with 11 Article XV of the Code of Civil Procedure, whenever real 12 estate has been or is sold at judicial or judgment sale and 13 the lien thereon in favor of the Illinois Department is 14 junior or inferior to the lien so enforced or foreclosed by 15 or through that sale, the right to redeem in any manner under 16 or by virtue of such lien from such sale or from the lien so 17 foreclosed or enforced shall terminate at the end of 12 18 months from the date upon which there is filed for record in 19 the office of the Recorder for the County in which the lands 20 so sold are situated, if such lands are unregistered, or in 21 the office of the Registrar of Titles for such County, if 22 such lands are registered, a certified copy of the original 23 or duplicate recorded or registered certificate of such sale, 24 such certified copy being endorsed by the SecretaryDirector25 showing service of a copy of such certificate upon him or 26 her, and upon such service such officer shall make such 27 endorsement. Such service may be by United States registered 28 or certified mail. 29 (Source: P.A. 89-507, eff. 7-1-97.) 30 (305 ILCS 5/3-13) (from Ch. 23, par. 3-13) 31 Sec. 3-13. Federal program - Declaration of 32 responsibilities: It is the position of this State that the -357- LRB9206615WHmb 1 Federal Government should meet its obligation to provide 2 financial aid to those aged, blind or disabled persons 3 eligible under Article III hereof so as to assure those 4 persons a standard of living compatible with health and 5 well-being, including any supplementary aid program provided 6 to meet special or emergency needs, and it is the position of 7 this State that the Federal Government should meet its 8 obligation to provide continuing supplemental nutritional aid 9 for such persons through the Federal Food Stamp Program or 10 through full reimbursement for expenditures made in lieu of 11 such Food Stamp Program. 12 (a) The Illinois Department may, from federal 13 reimbursements received under this Section, make 14 disbursements to any attorney, or advocate working under the 15 supervision of an attorney, who represents a recipient of 16 assistance under Article VI of this Code in a program 17 administered by the Illinois Department, in an appeal of any 18 claim for federal Supplemental Security Income benefits 19 before an administrative law judge which is decided in favor 20 of such recipient. The amount of such disbursement shall be 21 equal to 25% of the maximum federal Supplemental Security 22 Income grant payable to an individual for a period of one 23 year. No such disbursement shall be made unless a petition 24 and a copy of the favorable decision is submitted by such 25 attorney or advocate to the Illinois Department within 60 26 days of the date of such decision. The disbursement shall be 27 made within 30 days after the petition is received. The 28 Illinois Department shall promulgate rules and regulations 29 necessary to implement this subsection. 30 (b) The Illinois Department shall institute a State 31 program to fully supplement the federal Supplemental Security 32 Income grants of all persons in the aged, blind, or disabled 33 categories who meet the eligibility and need requirements of 34 this Code, after having given prior notice to and having -358- LRB9206615WHmb 1 consulted with the Citizens Assembly/Council on Public Aid 2 under the procedures established by Section 12-4.11 hereof. 3 The amount or amounts of such supplementary payments shall be 4 established by the SecretaryDirectorof the Illinois 5 Department in a manner consistent with the other provisions 6 of this Article III. 7 (c) The Illinois Department, the Comptroller and the 8 Treasurer, are authorized to disburse to the Federal 9 Government amounts appropriated to the Illinois Department 10 for use in furnishing aid to persons eligible under Article 11 III of this Code, to receive reimbursements from the Federal 12 Government therefor, and to establish administrative 13 procedures necessary for the accomplishment of such a payment 14 system. 15 (Source: P.A. 89-21, eff. 7-1-95.) 16 (305 ILCS 5/4-1.7) (from Ch. 23, par. 4-1.7) 17 Sec. 4-1.7. Enforcement of Parental Child Support 18 Obligation.) If the parent or parents of the child are 19 failing to meet or are delinquent in their legal obligation 20 to support the child, the parent or other person having 21 custody of the child or the Illinois Departmentof Public Aid22 may request the law enforcement officer authorized or 23 directed by law to so act to file action for the enforcement 24 of such remedies as the law provides for the fulfillment of 25 the child support obligation. 26 If a parent has a judicial remedy against the other 27 parent to compel child support, or if, as the result of an 28 action initiated by or in behalf of one parent against the 29 other, a child support order has been entered in respect to 30 which there is noncompliance or delinquency, or where the 31 order so entered may be changed upon petition to the court to 32 provide additional support, the parent or other person having 33 custody of the child or the Illinois Departmentof Public Aid-359- LRB9206615WHmb 1 may request the appropriate law enforcement officer to seek 2 enforcement of the remedy, or of the support order, or a 3 change therein to provide additional support. If the law 4 enforcement officer is not authorized by law to so act in 5 these instances, the parent, or if so authorized by law the 6 other person having custody of the child, or the Illinois 7 Departmentof Public Aidmay initiate an action to enforce 8 these remedies. 9 A parent or other person having custody of the child must 10 comply with the requirements of Title IV of the federal 11 Social Security Act, and the regulations duly promulgated 12 thereunder, and any rules promulgated by the Illinois 13 Department regarding enforcement of the child support 14 obligation. The Illinois Departmentof Public Aid and the15Department of Human Servicesmay provide by rule for the 16 grant or continuation of aid to the person for a temporary 17 period if he or she accepts counseling or other services 18 designed to increase his or her motivation to seek 19 enforcement of the child support obligation. 20 In addition to any other definition of failure or refusal 21 to comply with the requirements of Title IV of the federal 22 Social Security Act, or Illinois Department rule, in the case 23 of failure to attend court hearings, the parent or other 24 person can show cooperation by attending a court hearing or, 25 if a court hearing cannot be scheduled within 14 days 26 following the court hearing that was missed, by signing a 27 statement that the parent or other person is now willing to 28 cooperate in the child support enforcement process and will 29 appear at any later scheduled court date. The parent or 30 other person can show cooperation by signing such a statement 31 only once. If failure to attend the court hearing or other 32 failure to cooperate results in the case being dismissed, 33 such a statement may be signed after 2 months. 34 No denial or termination of medical assistance pursuant -360- LRB9206615WHmb 1 to this Section shall commence during pregnancy of the parent 2 or other person having custody of the child or for 30 days 3 after the termination of such pregnancy. The termination of 4 medical assistance may commence thereafter if the Illinois 5 Departmentof Public Aiddetermines that the failure or 6 refusal to comply with this Section persists. Postponement 7 of denial or termination of medical assistance during 8 pregnancy under this paragraph shall be effective only to the 9 extent it does not conflict with federal law or regulation. 10 Any evidence a parent or other person having custody of 11 the child gives in order to comply with the requirements of 12 this Section shall not render him or her liable to 13 prosecution under Sections 11-7 or 11-8 of the "Criminal Code 14 of 1961", approved July 28, 1961, as amended. 15 When so requested, the Illinois Departmentof Public Aid16and the Department of Human Servicesshall provide such 17 services and assistance as the law enforcement officer may 18 require in connection with the filing of any action 19 hereunder. 20 The Illinois Departmentof Public Aid and the Department21of Human Services, and as an expense of administration, may 22 also provide applicants for and recipients of aid with such 23 services and assistance, including assumption of the 24 reasonable costs of prosecuting any action or proceeding, as 25 may be necessary to enable them to enforce the child support 26 liability required hereunder. 27 Nothing in this Section shall be construed as a 28 requirement that an applicant or recipient file an action for 29 dissolution of marriage against his or her spouse. 30 (Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97.) 31 (305 ILCS 5/4-2) (from Ch. 23, par. 4-2) 32 Sec. 4-2. Amount of aid. 33 (a) The amount and nature of financial aid shall be -361- LRB9206615WHmb 1 determined in accordance with the grant amounts, rules and 2 regulations of the Illinois Department. Due regard shall be 3 given to the self-sufficiency requirements of the family and 4 to the income, money contributions and other support and 5 resources available, from whatever source. Beginning July 1, 6 1992, the supplementary grants previously paid under this 7 Section shall no longer be paid. However, the amount and 8 nature of any financial aid is not affected by the payment of 9 any grant under the "Senior Citizens and Disabled Persons 10 Property Tax Relief and Pharmaceutical Assistance Act" or any 11 distributions or items of income described under subparagraph 12 (X) of paragraph (2) of subsection (a) of Section 203 of the 13 Illinois Income Tax Act. The aid shall be sufficient, when 14 added to all other income, money contributions and support to 15 provide the family with a grant in the amount established by 16 Department regulation. 17 (b) The Illinois Department may conduct special 18 projects, which may be known as Grant Diversion Projects, 19 under which recipients of financial aid under this Article 20 are placed in jobs and their grants are diverted to the 21 employer who in turn makes payments to the recipients in the 22 form of salary or other employment benefits. The Illinois 23 Department shall by rule specify the terms and conditions of 24 such Grant Diversion Projects. Such projects shall take into 25 consideration and be coordinated with the programs 26 administered under the Illinois Emergency Employment 27 Development Act. 28 (c) The amount and nature of the financial aid for a 29 child requiring care outside his own home shall be determined 30 in accordance with the rules and regulations of the Illinois 31 Department, with due regard to the needs and requirements of 32 the child in the foster home or institution in which he has 33 been placed. 34 (d) If the Department establishes grants for family -362- LRB9206615WHmb 1 units consisting exclusively of a pregnant woman with no 2 dependent child or including her husband if living with her, 3 the grant amount for such a unit shall be equal to the grant 4 amount for an assistance unit consisting of one adult, or 2 5 persons if the husband is included. Other than as herein 6 described, an unborn child shall not be counted in 7 determining the size of an assistance unit or for calculating 8 grants. 9 Payments for basic maintenance requirements of a child or 10 children and the relative with whom the child or children are 11 living shall be prescribed, by rule, by the Illinois 12 Department. 13 These grants may be increased in the following circumstances: 14 1. If the child is living with both parents or with 15 persons standing in the relationship of parents, and if 16 the grant is necessitated because of the unemployment or 17 insufficient earnings of the parent or parents and 18 neither parent is receiving benefits under "The 19 Unemployment Compensation Act", approved June 30, 1937, 20 as amended, the maximum may be increased by not more than 21 $25. 22 2. If a child is age 13 or over, the maximum may be 23 increased by not more than $15. 24 The allowances provided under Article IX for recipients 25 participating in the training and rehabilitation programs 26 shall be in addition to the maximum payments established in 27 this Section. 28 Grants under this Article shall not be supplemented by 29 General Assistance provided under Article VI. 30 (e) Grants shall be paid to the parent or other person 31 with whom the child or children are living, except for such 32 amount as is paid in behalf of the child or his parent or 33 other relative to other persons or agencies pursuant to this 34 Code or the rules and regulations of the Illinois Department. -363- LRB9206615WHmb 1 (f) An assistance unit, receiving financial aid under 2 this Article or temporarily ineligible to receive aid under 3 this Article under a penalty imposed by the Illinois 4 Department for failure to comply with the eligibility 5 requirements or that voluntarily requests termination of 6 financial assistance under this Article and becomes 7 subsequently eligible for assistance within 9 months, shall 8 not receive any increase in the amount of aid solely on 9 account of the birth of a child; except that an increase is 10 not prohibited when the birth is (i) of a child of a pregnant 11 woman who became eligible for aid under this Article during 12 the pregnancy, or (ii) of a child born within 10 months after 13 the date of implementation of this subsection, or (iii) of a 14 child conceived after a family became ineligible for 15 assistance due to income or marriage and at least 3 months of 16 ineligibility expired before any reapplication for 17 assistance. This subsection does not, however, prevent a 18 unit from receiving a general increase in the amount of aid 19 that is provided to all recipients of aid under this Article. 20 The Illinois Department is authorized to transfer funds, 21 and shall use any budgetary savings attributable to not 22 increasing the grants due to the births of additional 23 children, to supplement existing funding for employment and 24 training services for recipients of aid under this Article 25 IV. The Illinois Department shall target, to the extent the 26 supplemental funding allows, employment and training services 27 to the families who do not receive a grant increase after the 28 birth of a child. In addition, the Illinois Department shall 29 provide, to the extent the supplemental funding allows, such 30 families with up to 24 months of transitional child care 31 pursuant to Illinois Department rules. All remaining 32 supplemental funds shall be used for employment and training 33 services or transitional child care support. 34 In making the transfers authorized by this subsection, -364- LRB9206615WHmb 1 the Illinois Department shall first determine, pursuant to 2 regulations adopted by the Illinois Department for this 3 purpose, the amount of savings attributable to not increasing 4 the grants due to the births of additional children. 5 Transfers may be made from General Revenue Fund 6 appropriations for distributive purposes authorized by 7 Article IV of this Code only to General Revenue Fund 8 appropriations for employability development services 9 including operating and administrative costs and related 10 distributive purposes under Article IXA of this Code. The 11 SecretaryDirector, with the approval of the Governor, shall 12 certify the amount and affected line item appropriations to 13 the State Comptroller. 14 The Illinois Department shall apply for all waivers of 15 federal law and regulations necessary to implement this 16 subsection; implementation of this subsection is contingent 17 on the Illinois Department receiving all necessary federal 18 waivers. The Illinois Department may implement this 19 subsection through the use of emergency rules in accordance 20 with Section 5-45 of the Illinois Administrative Procedure 21 Act. For purposes of the Illinois Administrative Procedure 22 Act, the adoption of rules to implement this subsection shall 23 be considered an emergency and necessary for the public 24 interest, safety, and welfare. 25 Nothing in this subsection shall be construed to prohibit 26 the Illinois Department from using funds under this Article 27 IV to provide assistance in the form of vouchers that may be 28 used to pay for goods and services deemed by the Illinois 29 Department, by rule, as suitable for the care of the child 30 such as diapers, clothing, school supplies, and cribs. 31 (g) (Blank). 32 (h) Notwithstanding any other provision of this Code, 33 the Illinois Department is authorized to reduce payment 34 levels used to determine cash grants under this Article after -365- LRB9206615WHmb 1 December 31 of any fiscal year if the Illinois Department 2 determines that the caseload upon which the appropriations 3 for the current fiscal year are based have increased by more 4 than 5% and the appropriation is not sufficient to ensure 5 that cash benefits under this Article do not exceed the 6 amounts appropriated for those cash benefits. Reductions in 7 payment levels may be accomplished by emergency rule under 8 Section 5-45 of the Illinois Administrative Procedure Act, 9 except that the limitation on the number of emergency rules 10 that may be adopted in a 24-month period shall not apply and 11 the provisions of Sections 5-115 and 5-125 of the Illinois 12 Administrative Procedure Act shall not apply. Increases in 13 payment levels shall be accomplished only in accordance with 14 Section 5-40 of the Illinois Administrative Procedure Act. 15 Before any rule to increase payment levels promulgated under 16 this Section shall become effective, a joint resolution 17 approving the rule must be adopted by a roll call vote by a 18 majority of the members elected to each chamber of the 19 General Assembly. 20 (Source: P.A. 90-17, eff. 7-1-97; 90-372, eff. 7-1-98; 21 90-655, eff. 7-30-98; 91-676, eff. 12-23-99.) 22 (305 ILCS 5/4-4.1) 23 Sec. 4-4.1. Immunizations. 24 (a) The Illinois Departmentof Public Aid shall develop25and implement and that Department and the Department of Human26Servicesshalljointlycontinue by rule a program to ensure 27 that children under 5 years of age living in assistance units 28 that receive benefits under this Code are immunized.The29Illinois Department of Public Aid shall report to the30Governor and the General Assembly on the progress of the31program on April 1, 1994 and 1995.32 (b) Nothing in this Section shall be construed to 33 require immunization of any child in contravention of the -366- LRB9206615WHmb 1 stated objections of a parent, guardian, or relative with 2 custody of a child that the administration of immunizing 3 agents conflicts with his or her religious tenets and 4 practices. 5 (Source: P.A. 88-342; 89-507, eff. 7-1-97.) 6 (305 ILCS 5/5-1.1) (from Ch. 23, par. 5-1.1) 7 Sec. 5-1.1. Definitions. The terms defined in this 8 Section shall have the meanings ascribed to them, except when 9 the context otherwise requires. 10 (a) "Skilled nursing facility" means a nursing home 11 eligible to participate as a skilled nursing facility under 12 Title XIX of the federal Social Security Act. 13 (b) "Intermediate care facility" means a nursing home 14 eligible to participate as an intermediate care facility 15 under Title XIX of the federal Social Security Act. 16 (c) "Standard services" means those services required 17 for the care of all patients in the facility and shall as a 18 minimum include the following: (1) administration; (2) 19 dietary (standard); (3) housekeeping; (4) laundry and linen; 20 (5) maintenance of property and equipment, including 21 utilities; (6) medical records; (7) training of employees; 22 (8) utilization review; (9) activities services; (10) social 23 services; (11) disability services; and all other similar 24 services required by either the laws of the State of Illinois 25 or one of its political subdivisions or municipalities or by 26 Title XIX of the Social Security Act. 27 (d) "Patient services" means those which vary with the 28 number of personnel; professional and para-professional 29 skills of the personnel; specialized equipment, and reflect 30 the intensity of the medical and psycho-social needs of the 31 patients. Patient services shall as a minimum include: (1) 32 physical services; (2) nursing services, including 33 restorative nursing; (3) medical direction and patient care -367- LRB9206615WHmb 1 planning; (4) health related supportive and habilitative 2 services and all similar services required by either the laws 3 of the State of Illinois or one of its political subdivisions 4 or municipalities or by Title XIX of the Social Security Act. 5 (e) "Ancillary services" means those services which 6 require a specific physician's order and defined as under the 7 medical assistance program as not being routine in nature for 8 skilled nursing and intermediate care facilities. Such 9 services generally must be authorized prior to delivery and 10 payment as provided for under the rules of the Departmentof11Public Aid. 12 (f) "Capital" means the investment in a facility's 13 assets for both debt and non-debt funds. Non-debt capital is 14 the difference between an adjusted replacement value of the 15 assets and the actual amount of debt capital. 16 (g) "Profit" means the amount which shall accrue to a 17 facility as a result of its revenues exceeding its expenses 18 as determined in accordance with generally accepted 19 accounting principles. 20 (h) "Non-institutional services" means those services 21 provided under paragraph (f) of Section 3 of the Disabled 22 Persons Rehabilitation Act and those services provided under 23 Section 4.02 of the Illinois Act on the Aging. 24 (i) "Exceptional medical care" means the level of 25 medical care required by persons who are medically stable for 26 discharge from a hospital but who require acute intensity 27 hospital level care for physician, nurse and ancillary 28 specialist services, including persons with acquired 29 immunodeficiency syndrome (AIDS) or a related condition. 30 Such care shall consist of those services which the 31 Department shall determine by rule. 32 (j) "Institutionalized person" means an individual who 33 is an inpatient in an intermediate care or skilled nursing 34 facility, or who is an inpatient in a medical institution -368- LRB9206615WHmb 1 receiving a level of care equivalent to that of an 2 intermediate care or skilled nursing facility, or who is 3 receiving services under Section 1915(c) of the Social 4 Security Act. 5 (k) "Institutionalized spouse" means an 6 institutionalized person who is expected to receive services 7 at the same level of care for at least 30 days and is married 8 to a spouse who is not an institutionalized person. 9 (l) "Community spouse" is the spouse of an 10 institutionalized spouse. 11 (Source: P.A. 89-626, eff. 8-9-96.) 12 (305 ILCS 5/5-4) (from Ch. 23, par. 5-4) 13 Sec. 5-4. Amount and nature of medical assistance. The 14 amount and nature of medical assistance shall be determined 15 by the County Departments in accordance with the standards, 16 rules, and regulations of the Illinois Departmentof Public17Aid, with due regard to the requirements and conditions in 18 each case, including contributions available from legally 19 responsible relatives. However, the amount and nature of 20 such medical assistance shall not be affected by the payment 21 of any grant under the Senior Citizens and Disabled Persons 22 Property Tax Relief and Pharmaceutical Assistance Act or any 23 distributions or items of income described under subparagraph 24 (X) of paragraph (2) of subsection (a) of Section 203 of the 25 Illinois Income Tax Act. The amount and nature of medical 26 assistance shall not be affected by the receipt of donations 27 or benefits from fundraisers in cases of serious illness, as 28 long as neither the person nor members of the person's family 29 have actual control over the donations or benefits or the 30 disbursement of the donations or benefits. 31 In determining the income and assets available to the 32 institutionalized spouse and to the community spouse, the 33 Illinois Departmentof Public Aidshall follow the procedures -369- LRB9206615WHmb 1 established by federal law. The community spouse resource 2 allowance shall be established and maintained at the maximum 3 level permitted pursuant to Section 1924(f)(2) of the Social 4 Security Act, as now or hereafter amended, or an amount set 5 after a fair hearing, whichever is greater. The monthly 6 maintenance allowance for the community spouse shall be 7 established and maintained at the maximum level permitted 8 pursuant to Section 1924(d)(3)(C) of the Social Security Act, 9 as now or hereafter amended. Subject to the approval of the 10 Secretary of the United States Department of Health and Human 11 Services, the provisions of this Section shall be extended to 12 persons who but for the provision of home or community-based 13 services under Section 4.02 of the Illinois Act on the Aging, 14 would require the level of care provided in an institution, 15 as is provided for in federal law. 16 The Department of Human Services shall notify in writing 17 each institutionalized spouse who is a recipient of medical 18 assistance under this Article, and each such person's 19 community spouse, of the changes in treatment of income and 20 resources, including provisions for protecting income for a 21 community spouse and permitting the transfer of resources to 22 a community spouse, required by enactment of the federal 23 Medicare Catastrophic Coverage Act of 1988 (Public Law 24 100-360). The notification shall be in language likely to be 25 easily understood by those persons. The Department of Human 26 Services also shall reassess the amount of medical assistance 27 for which each such recipient is eligible as a result of the 28 enactment of that federal Act, whether or not a recipient 29 requests such a reassessment. 30 (Source: P.A. 90-655, eff. 7-30-98; 91-676, eff. 12-23-99.) 31 (305 ILCS 5/5-4.23) (from Ch. 23, par. 5-4.23) 32 Sec. 5-4.23. Payment of Fees Due. 33 (a) The fees described in Section 5-4.22 shall be due -370- LRB9206615WHmb 1 and payable on a calendar quarterly basis. 2 (b) The fee shall be payable to and collected by the 3 Illinois Department in equal quarterly amounts due on the 4 first business day of each calendar quarter. All monies 5 collected under Section 5-4.22 shall be deposited into the 6 Fund. 7 (c) The SecretaryDirectorof the Illinois Department is 8 authorized to establish delayed payment schedules for 9 facilities that are unable to make timely payments under this 10 subsection due to financial difficulties. The delayed 11 payments shall include interest at a rate not to exceed the 12 State of Illinois borrowing rate. The interest may be waived 13 by the SecretaryDirectorfor good cause shown. 14 (Source: P.A. 87-13.) 15 (305 ILCS 5/5-4.33) (from Ch. 23, par. 5-4.33) 16 Sec. 5-4.33. Payment of Fees Due. 17 (a) The fees described in Section 5-4.32 shall be due 18 and payable on a calendar quarterly basis. The Illinois 19 Department may provide that county nursing homes directed and 20 maintained pursuant to Section 5-1005 of the Counties Code 21 may meet their fee obligation by certifying to the Illinois 22 Department that county expenditures have been obligated for 23 the operation of the county nursing home in an amount at 24 least equal to the amount of the fee. 25 (b) The fee shall be payable to and collected by the 26 Illinois Department in equal quarterly amounts due on the 27 first business day of each calendar quarter. All monies 28 collected under Section 5-4.32 shall be deposited into the 29 Fund. 30 (c) The SecretaryDirectorof the Illinois Department is 31 authorized to establish delayed payment schedules for 32 facilities that are unable to make timely payments under this 33 subsection due to financial difficulties. The delayed -371- LRB9206615WHmb 1 payments shall include interest at a rate not to exceed the 2 State of Illinois borrowing rate. The interest may be waived 3 by the SecretaryDirectorfor good cause shown. 4 (Source: P.A. 87-13.) 5 (305 ILCS 5/5-5) (from Ch. 23, par. 5-5) 6 Sec. 5-5. Medical services. The Illinois Department, by 7 rule, shall determine the quantity and quality of and the 8 rate of reimbursement for the medical assistance for which 9 payment will be authorized, and the medical services to be 10 provided, which may include all or part of the following: (1) 11 inpatient hospital services; (2) outpatient hospital 12 services; (3) other laboratory and X-ray services; (4) 13 skilled nursing home services; (5) physicians' services 14 whether furnished in the office, the patient's home, a 15 hospital, a skilled nursing home, or elsewhere; (6) medical 16 care, or any other type of remedial care furnished by 17 licensed practitioners; (7) home health care services; (8) 18 private duty nursing service; (9) clinic services; (10) 19 dental services; (11) physical therapy and related services; 20 (12) prescribed drugs, dentures, and prosthetic devices; and 21 eyeglasses prescribed by a physician skilled in the diseases 22 of the eye, or by an optometrist, whichever the person may 23 select; (13) other diagnostic, screening, preventive, and 24 rehabilitative services; (14) transportation and such other 25 expenses as may be necessary; (15) medical treatment of 26 sexual assault survivors, as defined in Section 1a of the 27 Sexual Assault Survivors Emergency Treatment Act, for 28 injuries sustained as a result of the sexual assault, 29 including examinations and laboratory tests to discover 30 evidence which may be used in criminal proceedings arising 31 from the sexual assault; (16) the diagnosis and treatment of 32 sickle cell anemia; and (17) any other medical care, and any 33 other type of remedial care recognized under the laws of this -372- LRB9206615WHmb 1 State, but not including abortions, or induced miscarriages 2 or premature births, unless, in the opinion of a physician, 3 such procedures are necessary for the preservation of the 4 life of the woman seeking such treatment, or except an 5 induced premature birth intended to produce a live viable 6 child and such procedure is necessary for the health of the 7 mother or her unborn child. The Illinois Department, by rule, 8 shall prohibit any physician from providing medical 9 assistance to anyone eligible therefor under this Code where 10 such physician has been found guilty of performing an 11 abortion procedure in a wilful and wanton manner upon a woman 12 who was not pregnant at the time such abortion procedure was 13 performed. The term "any other type of remedial care" shall 14 include nursing care and nursing home service for persons who 15 rely on treatment by spiritual means alone through prayer for 16 healing. 17 Notwithstanding any other provision of this Section, a 18 comprehensive tobacco use cessation program that includes 19 purchasing prescription drugs or prescription medical devices 20 approved by the Food and Drug administration shall be covered 21 under the medical assistance program under this Article for 22 persons who are otherwise eligible for assistance under this 23 Article. 24 Notwithstanding any other provision of this Code, the 25 Illinois Department may not require, as a condition of 26 payment for any laboratory test authorized under this 27 Article, that a physician's handwritten signature appear on 28 the laboratory test order form. The Illinois Department may, 29 however, impose other appropriate requirements regarding 30 laboratory test order documentation. 31 The Illinois Departmentof Public Aidshall provide the 32 following services to persons eligible for assistance under 33 this Article who are participating in education, training or 34 employment programs operated by the Departmentof Human-373- LRB9206615WHmb 1Services as successor to the Department of Public Aid: 2 (1) dental services, which shall include but not be 3 limited to prosthodontics; and 4 (2) eyeglasses prescribed by a physician skilled in 5 the diseases of the eye, or by an optometrist, whichever 6 the person may select. 7 The Illinois Department, by rule, may distinguish and 8 classify the medical services to be provided only in 9 accordance with the classes of persons designated in Section 10 5-2. 11 The Illinois Department shall authorize the provision of, 12 and shall authorize payment for, screening by low-dose 13 mammography for the presence of occult breast cancer for 14 women 35 years of age or older who are eligible for medical 15 assistance under this Article, as follows: a baseline 16 mammogram for women 35 to 39 years of age and an annual 17 mammogram for women 40 years of age or older. All screenings 18 shall include a physical breast exam, instruction on 19 self-examination and information regarding the frequency of 20 self-examination and its value as a preventative tool. As 21 used in this Section, "low-dose mammography" means the x-ray 22 examination of the breast using equipment dedicated 23 specifically for mammography, including the x-ray tube, 24 filter, compression device, image receptor, and cassettes, 25 with an average radiation exposure delivery of less than one 26 rad mid-breast, with 2 views for each breast. 27 Any medical or health care provider shall immediately 28 recommend, to any pregnant woman who is being provided 29 prenatal services and is suspected of drug abuse or is 30 addicted as defined in the Alcoholism and Other Drug Abuse 31 and Dependency Act, referral to a local substance abuse 32 treatment provider licensed by the Department of Human 33 Services or to a licensed hospital which provides substance 34 abuse treatment services. The Departmentof Public Aidshall -374- LRB9206615WHmb 1 assure coverage for the cost of treatment of the drug abuse 2 or addiction for pregnant recipients in accordance with the 3 Illinois Medicaid Program in conjunction with the Department 4 of Human Services. 5 All medical providers providing medical assistance to 6 pregnant women under this Code shall receive information from 7 the Department on the availability of services under the Drug 8 Free Families with a Future or any comparable program 9 providing case management services for addicted women, 10 including information on appropriate referrals for other 11 social services that may be needed by addicted women in 12 addition to treatment for addiction. 13 The Illinois Department, in cooperation with the 14Departments of Human Services (as successor to theDepartment 15 ofAlcoholism and Substance Abuse) andPublic Health, through 16 a public awareness campaign, may provide information 17 concerning treatment for alcoholism and drug abuse and 18 addiction, prenatal health care, and other pertinent programs 19 directed at reducing the number of drug-affected infants born 20 to recipients of medical assistance. 21NeitherTheIllinois Department of Public Aid nor the22 Departmentof Human Servicesmay notshallsanction the 23 recipient solely on the basis of her substance abuse. 24 The Illinois Department shall establish such regulations 25 governing the dispensing of health services under this 26 Article as it shall deem appropriate. In formulating these 27 regulations the Illinois Department shall consult with and 28 give substantial weight to the recommendations offered by the 29 Citizens Assembly/Council on Public Aid. The Department 30 should seek the advice of formal professional advisory 31 committees appointed by the SecretaryDirector of the32Illinois Departmentfor the purpose of providing regular 33 advice on policy and administrative matters, information 34 dissemination and educational activities for medical and -375- LRB9206615WHmb 1 health care providers, and consistency in procedures to the 2 Illinois Department. 3 The Illinois Department may develop and contract with 4 Partnerships of medical providers to arrange medical services 5 for persons eligible under Section 5-2 of this Code. 6 Implementation of this Section may be by demonstration 7 projects in certain geographic areas. The Partnership shall 8 be represented by a sponsor organization. The Department, by 9 rule, shall develop qualifications for sponsors of 10 Partnerships. Nothing in this Section shall be construed to 11 require that the sponsor organization be a medical 12 organization. 13 The sponsor must negotiate formal written contracts with 14 medical providers for physician services, inpatient and 15 outpatient hospital care, home health services, treatment for 16 alcoholism and substance abuse, and other services determined 17 necessary by the Illinois Department by rule for delivery by 18 Partnerships. Physician services must include prenatal and 19 obstetrical care. The Illinois Department shall reimburse 20 medical services delivered by Partnership providers to 21 clients in target areas according to provisions of this 22 Article and the Illinois Health Finance Reform Act, except 23 that: 24 (1) Physicians participating in a Partnership and 25 providing certain services, which shall be determined by 26 the Illinois Department, to persons in areas covered by 27 the Partnership may receive an additional surcharge for 28 such services. 29 (2) The Department may elect to consider and 30 negotiate financial incentives to encourage the 31 development of Partnerships and the efficient delivery of 32 medical care. 33 (3) Persons receiving medical services through 34 Partnerships may receive medical and case management -376- LRB9206615WHmb 1 services above the level usually offered through the 2 medical assistance program. 3 Medical providers shall be required to meet certain 4 qualifications to participate in Partnerships to ensure the 5 delivery of high quality medical services. These 6 qualifications shall be determined by rule of the Illinois 7 Department and may be higher than qualifications for 8 participation in the medical assistance program. Partnership 9 sponsors may prescribe reasonable additional qualifications 10 for participation by medical providers, only with the prior 11 written approval of the Illinois Department. 12 Nothing in this Section shall limit the free choice of 13 practitioners, hospitals, and other providers of medical 14 services by clients. In order to ensure patient freedom of 15 choice, the Illinois Department shall immediately promulgate 16 all rules and take all other necessary actions so that 17 provided services may be accessed from therapeutically 18 certified optometrists to the full extent of the Illinois 19 Optometric Practice Act of 1987 without discriminating 20 between service providers. 21 The Department shall apply for a waiver from the United 22 States Health Care Financing Administration to allow for the 23 implementation of Partnerships under this Section. 24 The Illinois Department shall require health care 25 providers to maintain records that document the medical care 26 and services provided to recipients of Medical Assistance 27 under this Article. The Illinois Department shall require 28 health care providers to make available, when authorized by 29 the patient, in writing, the medical records in a timely 30 fashion to other health care providers who are treating or 31 serving persons eligible for Medical Assistance under this 32 Article. All dispensers of medical services shall be 33 required to maintain and retain business and professional 34 records sufficient to fully and accurately document the -377- LRB9206615WHmb 1 nature, scope, details and receipt of the health care 2 provided to persons eligible for medical assistance under 3 this Code, in accordance with regulations promulgated by the 4 Illinois Department. The rules and regulations shall require 5 that proof of the receipt of prescription drugs, dentures, 6 prosthetic devices and eyeglasses by eligible persons under 7 this Section accompany each claim for reimbursement submitted 8 by the dispenser of such medical services. No such claims for 9 reimbursement shall be approved for payment by the Illinois 10 Department without such proof of receipt, unless the Illinois 11 Department shall have put into effect and shall be operating 12 a system of post-payment audit and review which shall, on a 13 sampling basis, be deemed adequate by the Illinois Department 14 to assure that such drugs, dentures, prosthetic devices and 15 eyeglasses for which payment is being made are actually being 16 received by eligible recipients. Within 90 days after the 17 effective date of this amendatory Act of 1984, the Illinois 18 Department shall establish a current list of acquisition 19 costs for all prosthetic devices and any other items 20 recognized as medical equipment and supplies reimbursable 21 under this Article and shall update such list on a quarterly 22 basis, except that the acquisition costs of all prescription 23 drugs shall be updated no less frequently than every 30 days 24 as required by Section 5-5.12. 25 The rules and regulations of the Illinois Department 26 shall require that a written statement including the required 27 opinion of a physician shall accompany any claim for 28 reimbursement for abortions, or induced miscarriages or 29 premature births. This statement shall indicate what 30 procedures were used in providing such medical services. 31 The Illinois Department shall require that all dispensers 32 of medical services, other than an individual practitioner or 33 group of practitioners, desiring to participate in the 34 Medical Assistance program established under this Article to -378- LRB9206615WHmb 1 disclose all financial, beneficial, ownership, equity, surety 2 or other interests in any and all firms, corporations, 3 partnerships, associations, business enterprises, joint 4 ventures, agencies, institutions or other legal entities 5 providing any form of health care services in this State 6 under this Article. 7 The Illinois Department may require that all dispensers 8 of medical services desiring to participate in the medical 9 assistance program established under this Article disclose, 10 under such terms and conditions as the Illinois Department 11 may by rule establish, all inquiries from clients and 12 attorneys regarding medical bills paid by the Illinois 13 Department, which inquiries could indicate potential 14 existence of claims or liens for the Illinois Department. 15 The Illinois Department shall establish policies, 16 procedures, standards and criteria by rule for the 17 acquisition, repair and replacement of orthotic and 18 prosthetic devices and durable medical equipment. Such rules 19 shall provide, but not be limited to, the following services: 20 (1) immediate repair or replacement of such devices by 21 recipients without medical authorization; and (2) rental, 22 lease, purchase or lease-purchase of durable medical 23 equipment in a cost-effective manner, taking into 24 consideration the recipient's medical prognosis, the extent 25 of the recipient's needs, and the requirements and costs for 26 maintaining such equipment. Such rules shall enable a 27 recipient to temporarily acquire and use alternative or 28 substitute devices or equipment pending repairs or 29 replacements of any device or equipment previously authorized 30 for such recipient by the Department. Rules under clause (2) 31 above shall not provide for purchase or lease-purchase of 32 durable medical equipment or supplies used for the purpose of 33 oxygen delivery and respiratory care. 34 The Department shall execute, relative to the nursing -379- LRB9206615WHmb 1 home prescreening project, written inter-agency agreements 2 with theDepartment of Human Services and theDepartment on 3 Aging, to effect the following: (i) intake procedures and 4 common eligibility criteria for those persons who are 5 receiving non-institutional services; and (ii) the 6 establishment and development of non-institutional services 7 in areas of the State where they are not currently available 8 or are undeveloped. 9 The Illinois Department shall develop and operate, in 10 cooperation with other State Departments and agencies and in 11 compliance with applicable federal laws and regulations, 12 appropriate and effective systems of health care evaluation 13 and programs for monitoring of utilization of health care 14 services and facilities, as it affects persons eligible for 15 medical assistance under this Code. The Illinois Department 16 shall report regularly the results of the operation of such 17 systems and programs to the Citizens Assembly/Council on 18 Public Aid to enable the Committee to ensure, from time to 19 time, that these programs are effective and meaningful. 20 The Illinois Department shall report annually to the 21 General Assembly, no later than the second Friday in April of 22 1979 and each year thereafter, in regard to: 23 (a) actual statistics and trends in utilization of 24 medical services by public aid recipients; 25 (b) actual statistics and trends in the provision 26 of the various medical services by medical vendors; 27 (c) current rate structures and proposed changes in 28 those rate structures for the various medical vendors; 29 and 30 (d) efforts at utilization review and control by 31 the Illinois Department. 32 The period covered by each report shall be the 3 years 33 ending on the June 30 prior to the report. The report shall 34 include suggested legislation for consideration by the -380- LRB9206615WHmb 1 General Assembly. The filing of one copy of the report with 2 the Speaker, one copy with the Minority Leader and one copy 3 with the Clerk of the House of Representatives, one copy with 4 the President, one copy with the Minority Leader and one copy 5 with the Secretary of the Senate, one copy with the 6 Legislative Research Unit, such additional copies with the 7 State Government Report Distribution Center for the General 8 Assembly as is required under paragraph (t) of Section 7 of 9 the State Library Act and one copy with the Citizens 10 Assembly/Council on Public Aid or its successor shall be 11 deemed sufficient to comply with this Section. 12 (Source: P.A. 90-7, eff. 6-10-97; 90-14, eff. 7-1-97; 91-344, 13 eff. 1-1-00; 91-462, eff. 8-6-99; 91-666, eff. 12-22-99; 14 revised 1-6-00.) 15 (305 ILCS 5/5-5.01) (from Ch. 23, par. 5-5.01) 16 Sec. 5-5.01. The Departmentof Public Aidmay establish 17 and implement a pilot project for determining the feasibility 18 of authorizing medical assistance payments for the costs of 19 diagnosis and treatment of Alzheimer's disease. 20 (Source: P.A. 84-773.) 21 (305 ILCS 5/5-5.1) (from Ch. 23, par. 5-5.1) 22 Sec. 5-5.1. Grouping of Facilities. The Departmentof23Public Aidshall, for purposes of payment, provide for 24 groupings of nursing facilities. Factors to be considered in 25 grouping facilities may include, but are not limited to, 26 size, age, patient mix or geographical area. 27 The groupings developed under this Section shall be 28 considered in determining reasonable cost reimbursement 29 formulas. However, this Section shall not preclude the 30 Department from recognizing and evaluating the cost of 31 capital on a facility-by-facility basis. 32 (Source: P.A. 80-1142.) -381- LRB9206615WHmb 1 (305 ILCS 5/5-5.3) (from Ch. 23, par. 5-5.3) 2 Sec. 5-5.3. Conditions of Payment - Prospective Rates - 3 Accounting Principles. This amendatory Act establishes 4 certain conditions for the Departmentof Public Aidin 5 instituting rates for the care of recipients of medical 6 assistance in skilled nursing facilities and intermediate 7 care facilities. Such conditions shall assure a method under 8 which the payment for skilled nursing and intermediate care 9 services, provided to recipients under the Medical Assistance 10 Program shall be on a reasonable cost related basis, which is 11 prospectively determined annually by the Departmentof Public12Aid. The annually established payment rate shall take effect 13 on July 1 in 1984 and subsequent years. There shall be no 14 rate increase during calendar year 1983 and the first six 15 months of calendar year 1984. 16 The determination of the payment shall be made on the 17 basis of generally accepted accounting principles that shall 18 take into account the actual costs to the facility of 19 providing skilled nursing and intermediate care services to 20 recipients under the medical assistance program. 21 The resultant total rate for a specified type of service 22 shall be an amount which shall have been determined to be 23 adequate to reimburse allowable costs of a facility that is 24 economically and efficiently operated. The Department shall 25 establish an effective date for each facility or group of 26 facilities after which rates shall be paid on a reasonable 27 cost related basis which shall be no sooner than the 28 effective date of this amendatory Act of 1977. 29 (Source: P.A. 91-357, eff. 7-29-99.) 30 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) 31 Sec. 5-5.4. Standards of PaymentDepartment of Public32Aid. The Departmentof Public Aidshall develop standards of 33 payment of skilled nursing and intermediate care services in -382- LRB9206615WHmb 1 facilities providing such services under this Article which: 2 (1) Provides for the determination of a facility's 3 payment for skilled nursing and intermediate care services on 4 a prospective basis. The amount of the payment rate for all 5 nursing facilities certified under the medical assistance 6 program shall be prospectively established annually on the 7 basis of historical, financial, and statistical data 8 reflecting actual costs from prior years, which shall be 9 applied to the current rate year and updated for inflation, 10 except that the capital cost element for newly constructed 11 facilities shall be based upon projected budgets. The 12 annually established payment rate shall take effect on July 1 13 in 1984 and subsequent years. Rate increases shall be 14 provided annually thereafter on July 1 in 1984 and on each 15 subsequent July 1 in the following years, except that no rate 16 increase and no update for inflation shall be provided on or 17 after July 1, 1994 and before July 1, 2001, unless 18 specifically provided for in this Section. 19 For facilities licensed by the Department of Public 20 Health under the Nursing Home Care Act as Intermediate Care 21 for the Developmentally Disabled facilities or Long Term Care 22 for Under Age 22 facilities, the rates taking effect on July 23 1, 1998 shall include an increase of 3%. For facilities 24 licensed by the Department of Public Health under the Nursing 25 Home Care Act as Skilled Nursing facilities or Intermediate 26 Care facilities, the rates taking effect on July 1, 1998 27 shall include an increase of 3% plus $1.10 per resident-day, 28 as defined by the Department. 29 For facilities licensed by the Department of Public 30 Health under the Nursing Home Care Act as Intermediate Care 31 for the Developmentally Disabled facilities or Long Term Care 32 for Under Age 22 facilities, the rates taking effect on July 33 1, 1999 shall include an increase of 1.6% plus $3.00 per 34 resident-day, as defined by the Department. For facilities -383- LRB9206615WHmb 1 licensed by the Department of Public Health under the Nursing 2 Home Care Act as Skilled Nursing facilities or Intermediate 3 Care facilities, the rates taking effect on July 1, 1999 4 shall include an increase of 1.6% and, for services provided 5 on or after October 1, 1999, shall be increased by $4.00 per 6 resident-day, as defined by the Department. 7 For facilities licensed by the Department of Public 8 Health under the Nursing Home Care Act as Intermediate Care 9 for the Developmentally Disabled facilities or Long Term Care 10 for Under Age 22 facilities, the rates taking effect on July 11 1, 2000 shall include an increase of 2.5% per resident-day, 12 as defined by the Department. For facilities licensed by the 13 Department of Public Health under the Nursing Home Care Act 14 as Skilled Nursing facilities or Intermediate Care 15 facilities, the rates taking effect on July 1, 2000 shall 16 include an increase of 2.5% per resident-day, as defined by 17 the Department. 18 Rates established effective each July 1 shall govern 19 payment for services rendered throughout that fiscal year, 20 except that rates established on July 1, 1996 shall be 21 increased by 6.8% for services provided on or after January 22 1, 1997. Such rates will be based upon the rates calculated 23 for the year beginning July 1, 1990, and for subsequent years 24 thereafter shall be based on the facility cost reports for 25 the facility fiscal year ending at any point in time during 26 the previous calendar year, updated to the midpoint of the 27 rate year. The cost report shall be on file with the 28 Department no later than April 1 of the current rate year. 29 Should the cost report not be on file by April 1, the 30 Department shall base the rate on the latest cost report 31 filed by each skilled care facility and intermediate care 32 facility, updated to the midpoint of the current rate year. 33 In determining rates for services rendered on and after July 34 1, 1985, fixed time shall not be computed at less than zero. -384- LRB9206615WHmb 1 The Department shall not make any alterations of regulations 2 which would reduce any component of the Medicaid rate to a 3 level below what that component would have been utilizing in 4 the rate effective on July 1, 1984. 5 (2) Shall take into account the actual costs incurred by 6 facilities in providing services for recipients of skilled 7 nursing and intermediate care services under the medical 8 assistance program. 9 (3) Shall take into account the medical and 10 psycho-social characteristics and needs of the patients. 11 (4) Shall take into account the actual costs incurred by 12 facilities in meeting licensing and certification standards 13 imposed and prescribed by the State of Illinois, any of its 14 political subdivisions or municipalities and by the U.S. 15 Department of Health and Human Services pursuant to Title XIX 16 of the Social Security Act. 17 The Departmentof Public Aidshall develop precise 18 standards for payments to reimburse nursing facilities for 19 any utilization of appropriate rehabilitative personnel for 20 the provision of rehabilitative services which is authorized 21 by federal regulations, including reimbursement for services 22 provided by qualified therapists or qualified assistants, and 23 which is in accordance with accepted professional practices. 24 Reimbursement also may be made for utilization of other 25 supportive personnel under appropriate supervision. 26 (Source: P.A. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98; 91-24, 27 eff. 7-1-99; 91-712, eff. 7-1-00.) 28 (305 ILCS 5/5-5.4a) 29 Sec. 5-5.4a. Intermediate Care Facility for the 30 Developmentally Disabled; bed reserve payments. 31 The Departmentof Public Aidshall promulgate rules by 32 October 1, 1993 which establish a policy of bed reserve 33 payments to Intermediate Care Facilities for the -385- LRB9206615WHmb 1 Developmentally Disabled which addresses the needs of 2 residents of Intermediate Care Facilities for the 3 Developmentally Disabled (ICF/DD) and their families. 4 (a) When a resident of an Intermediate Care Facility for 5 the Developmentally Disabled (ICF/DD) is absent from the 6 ICF/DD in which he or she is a resident for purposes of 7 physician authorized in-patient admission to a hospital, the 8 Department's rules shall, at a minimum, provide (1) bed 9 reserve payments at a daily rate which is 100% of the 10 client's current per diem rate, for a period not exceeding 10 11 consecutive days; (2) bed reserve payments at a daily rate 12 which is 75% of a client's current per diem rate, for a 13 period which exceeds 10 consecutive days but does not exceed 14 30 consecutive days; and (3) bed reserve payments at a daily 15 rate which is 50% of a client's current per diem rate for a 16 period which exceeds thirty consecutive days but does not 17 exceed 45 consecutive days. 18 (b) When a resident of an Intermediate Care Facility for 19 the Developmentally Disabled (ICF/DD) is absent from the 20 ICF/DD in which he or she is a resident for purposes of a 21 home visit with a family member the Department's rules shall, 22 at a minimum, provide (1) bed reserve payments at a rate 23 which is 100% of a client's current per diem rate, for a 24 period not exceeding 10 days per State fiscal year; and (2) 25 bed reserve payments at a rate which is 75% of a client's 26 current per diem rate, for a period which exceeds 10 days per 27 State fiscal year but does not exceed 30 days per State 28 fiscal year. 29 (c) No Department rule regarding bed reserve payments 30 shall require an ICF/DD to have a specified percentage of 31 total facility occupancy as a requirement for receiving bed 32 reserve payments. 33 This Section 5-5.4a shall not apply to any State operated 34 facilities. -386- LRB9206615WHmb 1 (Source: P.A. 91-357, eff. 7-29-99.) 2 (305 ILCS 5/5-5.5) (from Ch. 23, par. 5-5.5) 3 Sec. 5-5.5. Elements of Payment Rate. 4 (a) The Departmentof Public Aidshall develop a 5 prospective method for determining payment rates for skilled 6 nursing and intermediate care services in nursing facilities 7 composed of the following cost elements: 8 (1) Standard Services, with the cost of this 9 component being determined by taking into account the 10 actual costs to the facilities of these services subject 11 to cost ceilings to be defined in the Department's rules. 12 (2) Resident Services, with the cost of this 13 component being determined by taking into account the 14 actual costs, needs and utilization of these services, as 15 derived from an assessment of the resident needs in the 16 nursing facilities. The Department shall adopt rules 17 governing reimbursement for resident services as listed 18 in Section 5-1.1. Surveys or assessments of resident 19 needs under this Section shall include a review by the 20 facility of the results of such assessments and a 21 discussion of issues in dispute with authorized survey 22 staff, unless the facility elects not to participate in 23 such a review process. Surveys or assessments of 24 resident needs under this Section may be conducted 25 semi-annually and payment rates relating to resident 26 services may be changed on a semi-annual basis. The 27 Illinois Department shall initiate a project, either on a 28 pilot basis or Statewide, to reimburse the cost of 29 resident services based on a methodology which utilizes 30 an assessment of resident needs to determine the level of 31 reimbursement. This methodology shall be different from 32 the payment criteria for resident services utilized by 33 the Illinois Department on July 1, 1981. On March 1, -387- LRB9206615WHmb 1 1982, and each year thereafter, until such time when the 2 Illinois Department adopts the methodology used in such 3 project for use statewide or the Illinois Department 4 reports to the Citizens Assembly/Council on Public Aid 5 that the methodology did not meet the Department's goals 6 and objectives and therefore is ceasing such project, the 7 Illinois Department shall report to the General Assembly 8 on the implementation and progress of such project. The 9 report shall include: 10 (A) A statement of the Illinois Department's 11 goals and objectives for such project; 12 (B) A description of such project, including 13 the number and type of nursing facilities involved 14 in the project; 15 (C) A description of the methodology used in 16 such project; 17 (D) A description of the Illinois Department's 18 application of the methodology; 19 (E) A statement on the methodology's effect on 20 the quality of care given to residents in the sample 21 nursing facilities; and 22 (F) A statement on the cost of the methodology 23 used in such project and a comparison of this cost 24 with the cost of the current payment criteria. 25 (3) Ancillary Services, with the payment rate being 26 developed for each individual type of service. Payment 27 shall be made only when authorized under procedures 28 developed by the Departmentof Public Aid. 29 (4) Nurse's Aide Training, with the cost of this 30 component being determined by taking into account the 31 actual cost to the facilities of such training. 32 (5) Real Estate Taxes, with the cost of this 33 component being determined by taking into account the 34 figures contained in the most currently available cost -388- LRB9206615WHmb 1 reports (with no imposition of maximums) updated to the 2 midpoint of the current rate year for long term care 3 services rendered between July 1, 1984 and June 30, 1985, 4 and with the cost of this component being determined by 5 taking into account the actual 1983 taxes for which the 6 nursing homes were assessed (with no imposition of 7 maximums) updated to the midpoint of the current rate 8 year for long term care services rendered between July 1, 9 1985 and June 30, 1986. 10 (b) In developing a prospective method for determining 11 payment rates for skilled nursing and intermediate care 12 services in nursing facilities, the Departmentof Public Aid13 shall consider the following cost elements: 14 (1) Reasonable capital cost determined by utilizing 15 incurred interest rate and the current value of the 16 investment, including land, utilizing composite rates, or 17 by utilizing such other reasonable cost related methods 18 determined by the Department. However, beginning with the 19 rate reimbursement period effective July 1, 1987, the 20 Department shall be prohibited from establishing, 21 including, and implementing any depreciation factor in 22 calculating the capital cost element. 23 (2) Profit, with the actual amount being produced 24 and accruing to the providers in the form of a return on 25 their total investment, on the basis of their ability to 26 economically and efficiently deliver a type of service. 27 The method of payment may assure the opportunity for a 28 profit, but shall not guarantee or establish a specific 29 amount as a cost. 30 (c) The Illinois Department may implement the amendatory 31 changes to this Section made by this amendatory Act of 1991 32 through the use of emergency rules in accordance with the 33 provisions of Section 5.02 of the Illinois Administrative 34 Procedure Act. For purposes of the Illinois Administrative -389- LRB9206615WHmb 1 Procedure Act, the adoption of rules to implement the 2 amendatory changes to this Section made by this amendatory 3 Act of 1991 shall be deemed an emergency and necessary for 4 the public interest, safety and welfare. 5 (d) No later than January 1, 2001, the Departmentof6Public Aidshall file with the Joint Committee on 7 Administrative Rules, pursuant to the Illinois Administrative 8 Procedure Act, a proposed rule, or a proposed amendment to an 9 existing rule, regarding payment for appropriate services, 10 including assessment, care planning, discharge planning, and 11 treatment provided by nursing facilities to residents who 12 have a serious mental illness. 13 (Source: P.A. 91-799, eff. 6-13-00.) 14 (305 ILCS 5/5-5.5a) (from Ch. 23, par. 5-5.5a) 15 Sec. 5-5.5a. Kosher kitchen and food service. 16 (a) The Departmentof Public Aidmay develop in its rate 17 structure for skilled nursing facilities and intermediate 18 care facilities an accommodation for fully kosher kitchen and 19 food service operations, rabbinically approved or certified 20 on an annual basis for a facility in which the only kitchen 21 or all kitchens are fully kosher (a fully kosher facility). 22 Beginning in the fiscal year after the fiscal year when this 23 amendatory Act of 1990 becomes effective, the rate structure 24 may provide for an additional payment to such facility not to 25 exceed 50 cents per resident per day if 60% or more of the 26 residents in the facility request kosher foods or food 27 products prepared in accordance with Jewish religious dietary 28 requirements for religious purposes in a fully kosher 29 facility. Based upon food cost reports of the Illinois 30 Department of Agriculture regarding kosher and non-kosher 31 food available in the various regions of the State, this rate 32 structure may be periodically adjusted by the Department but 33 may not exceed the maximum authorized under this subsection -390- LRB9206615WHmb 1 (a). 2 (b) The Department shall by rule determine how a 3 facility with a fully kosher kitchen and food service may be 4 determined to be eligible and apply for the rate 5 accommodation specified in subsection (a). 6 (Source: P.A. 86-1464.) 7 (305 ILCS 5/5-5.7) (from Ch. 23, par. 5-5.7) 8 Sec. 5-5.7. Cost Reports - Audits. The Departmentof9Public Aidshall work with the Department of Public Health to 10 use cost report information currently being collected under 11 provisions of the "Nursing Home Care Act", approved August 12 23, 1979, as amended. The Departmentof Public Aidmay, in 13 conjunction with the Department of Public Health, develop in 14 accordance with generally accepted accounting principles a 15 uniform chart of accounts which each facility providing 16 services under the medical assistance program shall adopt, 17 after a reasonable period. 18 Nursing homes licensed under the Nursing Home Care Act 19 and providers of adult developmental training services 20 certified by the Department of Human Services pursuant to 21 Section 15.2 of the Mental Health and Developmental 22 Disabilities Administrative Act which provide services to 23 clients eligible for medical assistance under this Article 24 are responsible for submitting the required annual cost 25 report to the Departmentof Public Aid. 26 The Departmentof Public Aidshall audit the financial 27 and statistical records of each provider participating in the 28 medical assistance program as a skilled nursing or 29 intermediate care facility over a 3 year period, beginning 30 with the close of the first cost reporting year. Following 31 the end of this 3-year term, audits of the financial and 32 statistical records will be performed each year in at least 33 20% of the facilities participating in the medical assistance -391- LRB9206615WHmb 1 program with at least 10% being selected on a random sample 2 basis, and the remainder selected on the basis of exceptional 3 profiles. All audits shall be conducted in accordance with 4 generally accepted auditing standards. 5 The Departmentof Public Aidshall establish prospective 6 payment rates for categories of service needed within the 7 skilled nursing and intermediate care levels of services, in 8 order to more appropriately recognize the individual needs of 9 patients in nursing facilities. 10 The Departmentof Public Aidshall provide, during the 11 process of establishing the payment rate for skilled nursing 12 and intermediate care services, or when a substantial change 13 in rates is proposed, an opportunity for public review and 14 comment on the proposed rates prior to their becoming 15 effective. 16 (Source: P.A. 89-507, eff. 7-1-97.) 17 (305 ILCS 5/5-5.8a) (from Ch. 23, par. 5-5.8a) 18 Sec. 5-5.8a. Payment for exceptional care. 19 (a) For the provision of exceptional medical care, the 20 Illinois Departmentof Public Aidmay make payments only to 21 skilled nursing facilities that substantially meet the 22 licensure and certification requirements prescribed by the 23 Department of Public Health. Only the Department of Public 24 Health shall be responsible for determining whether licensure 25 and certification requirements for skilled nursing care 26 facilities have been substantially met. The rate of payment 27 shall be negotiated with the facilities offering to provide 28 the exceptional medical care. A facility's costs of 29 providing exceptional care shall not be considered in 30 determining the rate of payment to skilled nursing facilities 31 under Sections 5-5.3 through 5-5.5. Payment for exceptional 32 medical care shall not exceed the rate that the Illinois 33 Department would be required to pay under the Medical -392- LRB9206615WHmb 1 Assistance Program for the same care in a hospital. 2 (b) The Illinois Department shall adopt rules and 3 regulations under the Illinois Administrative Procedure Act 4 to implement this Section. Those rules and regulations shall 5 set forth the procedures to be followed by facilities when 6 submitting an initial exceptional medical care certification 7 request and exceptional medical care payment requests. The 8 rules and regulations shall also include the procedures and 9 criteria used by the Illinois Department in determining 10 whether to approve a skilled nursing facility's initial 11 exceptional medical care certification request and 12 exceptional medical care payment requests. The rules shall 13 provide that the Illinois Department, upon receipt of a 14 facility's request for payment for exceptional medical care 15 and all necessary documentation, shall, after negotiations 16 between the Illinois Department and the facility are 17 completed, determine and notify the facility whether the 18 request has been approved or denied. 19 (Source: P.A. 88-412.) 20 (305 ILCS 5/5-5.8b) (from Ch. 23, par. 5-5.8b) 21 Sec. 5-5.8b. Payment to Campus Facilities. There is 22 hereby established a separate payment category for campus 23 facilities. A "campus facility" is defined as an entity 24 which consists of a long term care facility (or group of 25 facilities if the facilities are on the same contiguous 26 parcel of real estate) which meets all of the following 27 criteria as of May 1, 1987: the entity provides care for 28 both children and adults; residents of the entity reside in 29 three or more separate buildings with congregate and small 30 group living arrangements on a single campus; the entity 31 provides three or more separate licensed levels of care; the 32 entity (or a part of the entity) is enrolled with the 33 Departmentof Public Aidas a provider of long term care -393- LRB9206615WHmb 1 services and receives payments from the Departmentof Public2Aid; the entity (or a part of the entity) receives funding 3 from the Department of Mental Health and Developmental 4 Disabilities (now the Department of Human Services); and the 5 entity (or a part of the entity) holds a current license as a 6 child care institution issued by the Department of Children 7 and Family Services. 8 The Departmentof Public Aid, the Department of Human9Services,and the Department of Children and Family Services 10 shall develop jointly a rate methodology or methodologies for 11 campus facilities. Such methodology or methodologies may 12 establish a single rate to be paid by all the agencies, or a 13 separate rate to be paid by each agency, or separate 14 components to be paid to different parts of the campus 15 facility. All campus facilities shall receive the same rate 16 of payment for similar services. Any methodology developed 17 pursuant to this section shall take into account the actual 18 costs to the facility of providing services to residents, and 19 shall be adequate to reimburse the allowable costs of a 20 campus facility which is economically and efficiently 21 operated. Any methodology shall be established on the basis 22 of historical, financial, and statistical data submitted by 23 campus facilities, and shall take into account the actual 24 costs incurred by campus facilities in providing services, 25 and in meeting licensing and certification standards imposed 26 and prescribed by the State of Illinois, any of its political 27 subdivisions or municipalities and by the United States 28 Department of Health and Human Services. Rates may be 29 established on a prospective or retrospective basis. Any 30 methodology shall provide reimbursement for appropriate 31 payment elements, including the following: standard 32 services, patient services, real estate taxes, and capital 33 costs. 34 (Source: P.A. 89-507, eff. 7-1-97.) -394- LRB9206615WHmb 1 (305 ILCS 5/5-9) (from Ch. 23, par. 5-9) 2 Sec. 5-9. Choice of Medical Dispensers. Applicants and 3 recipients shall be entitled to free choice of those 4 qualified practitioners, hospitals, nursing homes, and other 5 dispensers of medical services meeting the requirements and 6 complying with the rules and regulations of the Illinois 7 Department. However, the SecretaryDirector of Public Aid8 may, after providing reasonable notice and opportunity for 9 hearing, deny, suspend or terminate any otherwise qualified 10 person, firm, corporation, association, agency, institution, 11 or other legal entity, from participation as a vendor of 12 goods or services under the medical assistance program 13 authorized by this Article if the SecretaryDirectorfinds 14 such vendor of medical services in violation of this Act or 15 the policy or rules and regulations issued pursuant to this 16 Act. Any physician who has been convicted of performing an 17 abortion procedure in a wilful and wanton manner upon a woman 18 who was not pregnant at the time such abortion procedure was 19 performed shall be automatically removed from the list of 20 physicians qualified to participate as a vendor of medical 21 services under the medical assistance program authorized by 22 this Article. 23 (Source: P.A. 82-263.) 24 (305 ILCS 5/5-11) (from Ch. 23, par. 5-11) 25 Sec. 5-11. Co-operative arrangements; contracts with 26 other State agencies, health care and rehabilitation 27 organizations, and fiscal intermediaries. 28 (a) The Illinois Department may enter into co-operative 29 arrangements with State agencies responsible for 30 administering or supervising the administration of health 31 services and vocational rehabilitation services to the end 32 that there may be maximum utilization of such services in the 33 provision of medical assistance. -395- LRB9206615WHmb 1 The Illinois Department shall, not later than June 30, 2 1993, enter into one or more co-operative arrangements with 3 the Department of Mental Health and Developmental 4 Disabilities providing that the Department of Mental Health 5 and Developmental Disabilities will be responsible for 6 administering or supervising all programs for services to 7 persons in community care facilities for persons with 8 developmental disabilities, including but not limited to 9 intermediate care facilities, that are supported by State 10 funds or by funding under Title XIX of the federal Social 11 Security Act. The responsibilities of the Department of 12 Mental Health and Developmental Disabilities under these 13 agreements are transferred to the Department of Human 14 Services as provided in the Department of Human Services Act. 15 The Department may also contract with such State health 16 and rehabilitation agencies and other public or private 17 health care and rehabilitation organizations to act for it in 18 supplying designated medical services to persons eligible 19 therefor under this Article. Any contracts with health 20 services or health maintenance organizations shall be 21 restricted to organizations which have been certified as 22 being in compliance with standards promulgated pursuant to 23 the laws of this State governing the establishment and 24 operation of health services or health maintenance 25 organizations. The Department may also contract with 26 insurance companies or other corporate entities serving as 27 fiscal intermediaries in this State for the Federal 28 Government in respect to Medicare payments under Title XVIII 29 of the Federal Social Security Act to act for the Department 30 in paying medical care suppliers. The provisions of Section 31 9 of "An Act in relation to State finance", approved June 10, 32 1919, as amended, notwithstanding, such contracts with State 33 agencies, other health care and rehabilitation organizations, 34 or fiscal intermediaries may provide for advance payments. -396- LRB9206615WHmb 1 (b) For purposes of this subsection (b), "managed care 2 community network" means an entity, other than a health 3 maintenance organization, that is owned, operated, or 4 governed by providers of health care services within this 5 State and that provides or arranges primary, secondary, and 6 tertiary managed health care services under contract with the 7 Illinois Department exclusively to persons participating in 8 programs administered by the Illinois Department. 9 The Illinois Department may certify managed care 10 community networks, including managed care community networks 11 owned, operated, managed, or governed by State-funded medical 12 schools, as risk-bearing entities eligible to contract with 13 the Illinois Department as Medicaid managed care 14 organizations. The Illinois Department may contract with 15 those managed care community networks to furnish health care 16 services to or arrange those services for individuals 17 participating in programs administered by the Illinois 18 Department. The rates for those provider-sponsored 19 organizations may be determined on a prepaid, capitated 20 basis. A managed care community network may choose to 21 contract with the Illinois Department to provide only 22 pediatric health care services. The Illinois Department shall 23 by rule adopt the criteria, standards, and procedures by 24 which a managed care community network may be permitted to 25 contract with the Illinois Department and shall consult with 26 the Department of Insurance in adopting these rules. 27 A county provider as defined in Section 15-1 of this Code 28 may contract with the Illinois Department to provide primary, 29 secondary, or tertiary managed health care services as a 30 managed care community network without the need to establish 31 a separate entity and shall be deemed a managed care 32 community network for purposes of this Code only to the 33 extent it provides services to participating individuals. A 34 county provider is entitled to contract with the Illinois -397- LRB9206615WHmb 1 Department with respect to any contracting region located in 2 whole or in part within the county. A county provider is not 3 required to accept enrollees who do not reside within the 4 county. 5 In order to (i) accelerate and facilitate the development 6 of integrated health care in contracting areas outside 7 counties with populations in excess of 3,000,000 and counties 8 adjacent to those counties and (ii) maintain and sustain the 9 high quality of education and residency programs coordinated 10 and associated with local area hospitals, the Illinois 11 Department may develop and implement a demonstration program 12 from managed care community networks owned, operated, 13 managed, or governed by State-funded medical schools. The 14 Illinois Department shall prescribe by rule the criteria, 15 standards, and procedures for effecting this demonstration 16 program. 17 A managed care community network that contracts with the 18 Illinois Department to furnish health care services to or 19 arrange those services for enrollees participating in 20 programs administered by the Illinois Department shall do all 21 of the following: 22 (1) Provide that any provider affiliated with the 23 managed care community network may also provide services 24 on a fee-for-service basis to Illinois Department clients 25 not enrolled in such managed care entities. 26 (2) Provide client education services as determined 27 and approved by the Illinois Department, including but 28 not limited to (i) education regarding appropriate 29 utilization of health care services in a managed care 30 system, (ii) written disclosure of treatment policies and 31 restrictions or limitations on health services, 32 including, but not limited to, physical services, 33 clinical laboratory tests, hospital and surgical 34 procedures, prescription drugs and biologics, and -398- LRB9206615WHmb 1 radiological examinations, and (iii) written notice that 2 the enrollee may receive from another provider those 3 covered services that are not provided by the managed 4 care community network. 5 (3) Provide that enrollees within the system may 6 choose the site for provision of services and the panel 7 of health care providers. 8 (4) Not discriminate in enrollment or disenrollment 9 practices among recipients of medical services or 10 enrollees based on health status. 11 (5) Provide a quality assurance and utilization 12 review program that meets the requirements established by 13 the Illinois Department in rules that incorporate those 14 standards set forth in the Health Maintenance 15 Organization Act. 16 (6) Issue a managed care community network 17 identification card to each enrollee upon enrollment. 18 The card must contain all of the following: 19 (A) The enrollee's health plan. 20 (B) The name and telephone number of the 21 enrollee's primary care physician or the site for 22 receiving primary care services. 23 (C) A telephone number to be used to confirm 24 eligibility for benefits and authorization for 25 services that is available 24 hours per day, 7 days 26 per week. 27 (7) Ensure that every primary care physician and 28 pharmacy in the managed care community network meets the 29 standards established by the Illinois Department for 30 accessibility and quality of care. The Illinois 31 Department shall arrange for and oversee an evaluation of 32 the standards established under this paragraph (7) and 33 may recommend any necessary changes to these standards. 34 (8) Provide a procedure for handling complaints -399- LRB9206615WHmb 1 that meets the requirements established by the Illinois 2 Department in rules that incorporate those standards set 3 forth in the Health Maintenance Organization Act. 4 (9) Maintain, retain, and make available to the 5 Illinois Department records, data, and information, in a 6 uniform manner determined by the Illinois Department, 7 sufficient for the Illinois Department to monitor 8 utilization, accessibility, and quality of care. 9 (10) Provide that the pharmacy formulary used by 10 the managed care community network and its contract 11 providers be no more restrictive than the Illinois 12 Department's pharmaceutical program on the effective date 13 of this amendatory Act of 1998 and as amended after that 14 date. 15 The Illinois Department shall contract with an entity or 16 entities to provide external peer-based quality assurance 17 review for the managed health care programs administered by 18 the Illinois Department. The entity shall be representative 19 of Illinois physicians licensed to practice medicine in all 20 its branches and have statewide geographic representation in 21 all specialities of medical care that are provided in managed 22 health care programs administered by the Illinois Department. 23 The entity may not be a third party payer and shall maintain 24 offices in locations around the State in order to provide 25 service and continuing medical education to physician 26 participants within those managed health care programs 27 administered by the Illinois Department. The review process 28 shall be developed and conducted by Illinois physicians 29 licensed to practice medicine in all its branches. In 30 consultation with the entity, the Illinois Department may 31 contract with other entities for professional peer-based 32 quality assurance review of individual categories of services 33 other than services provided, supervised, or coordinated by 34 physicians licensed to practice medicine in all its branches. -400- LRB9206615WHmb 1 The Illinois Department shall establish, by rule, criteria to 2 avoid conflicts of interest in the conduct of quality 3 assurance activities consistent with professional peer-review 4 standards. All quality assurance activities shall be 5 coordinated by the Illinois Department. 6 Each managed care community network must demonstrate its 7 ability to bear the financial risk of serving individuals 8 under this program. The Illinois Department shall by rule 9 adopt standards for assessing the solvency and financial 10 soundness of each managed care community network. Any 11 solvency and financial standards adopted for managed care 12 community networks shall be no more restrictive than the 13 solvency and financial standards adopted under Section 14 1856(a) of the Social Security Act for provider-sponsored 15 organizations under Part C of Title XVIII of the Social 16 Security Act. 17 The Illinois Department may implement the amendatory 18 changes to this Code made by this amendatory Act of 1998 19 through the use of emergency rules in accordance with Section 20 5-45 of the Illinois Administrative Procedure Act. For 21 purposes of that Act, the adoption of rules to implement 22 these changes is deemed an emergency and necessary for the 23 public interest, safety, and welfare. 24 (c) Not later than June 30, 1996, the Illinois 25 Department shall enter into one or more cooperative 26 arrangements with the Department of Public Health for the 27 purpose of developing a single survey for nursing facilities, 28 including but not limited to facilities funded under Title 29 XVIII or Title XIX of the federal Social Security Act or 30 both, which shall be administered and conducted solely by the 31 Department of Public Health. The Departments shall test the 32 single survey process on a pilot basis, with both the 33 Departments of Public Aid and Public Health represented on 34 the consolidated survey team. The pilot will sunset June 30, -401- LRB9206615WHmb 1 1997. After June 30, 1997, unless otherwise determined by 2 the Governor, a single survey shall be implemented by the 3 Department of Public Health which would not preclude staff 4 from the Departmentof Public Aidfrom going on-site to 5 nursing facilities to perform necessary audits and reviews 6 which shall not replicate the single State agency survey 7 required by this Act. This Section shall not apply to 8 community or intermediate care facilities for persons with 9 developmental disabilities. 10 (Source: P.A. 89-415, eff. 1-1-96; 89-507, eff. 7-1-97; 11 90-618, eff. 7-10-98.) 12 (305 ILCS 5/5-11.1) 13 Sec. 5-11.1. Cooperative arrangements; contracts. The 14 Illinois Department may enter into cooperative arrangements 15 with State agencies responsible for administering or 16 supervising the administration of health services and 17 vocational rehabilitation services to maximize utilization of 18 these services in the provision of medical assistance. 19 The Illinois Department shall, not later than June 30, 20 1994, enter into one or more cooperative arrangements with 21 the Department of Mental Health and Developmental 22 Disabilities providing that the Department of Mental Health 23 and Developmental Disabilities will be responsible for 24 administering or supervising all programs for services to 25 persons in community care facilities for persons with mental 26 illness, including but not limited to intermediate care 27 facilities, that are supported by State funds or by funding 28 under Title XIX of the federal Social Security Act. The 29 responsibilities of the Department of Mental Health and 30 Developmental Disabilities under these agreements are 31 transferred to the Department of Human Services as provided 32 in the Department of Human Services Act. 33 The Department may also contract with State health and -402- LRB9206615WHmb 1 rehabilitation agencies and other public or private health 2 care and rehabilitation organizations to act for it in 3 supplying designated medical services to persons eligible 4 under this Section. Any contracts with health services or 5 health maintenance organizations shall be restricted to 6 organizations which have been certified as being in 7 compliance with standards promulgated under the laws of this 8 State governing the establishment and operation of health 9 services or health maintenance organizations. The Department 10 may also contract with insurance companies or other corporate 11 entities serving as fiscal intermediaries in this State for 12 the federal government in respect to Medicare payments under 13 Title XVIII of the federal Social Security Act to act for the 14 Department in paying medical care suppliers. Nothing in this 15 Section shall be construed to abrogate any existing 16 doctor/patient relationships with Illinois Departmentof17Public Aidrecipients or the free choice of clients or their 18 guardians to select a physician to provide medical care. The 19 provisions of Section 9 of the State Finance Act 20 notwithstanding, such contracts with State agencies, other 21 health care and rehabilitation organizations, or fiscal 22 intermediaries may provide for advance payments. 23 (Source: P.A. 91-357, eff. 7-29-99.) 24 (305 ILCS 5/5-15.5) 25 Sec. 5-15.5. Preventive physical examinations; 26 demonstration program. 27 (a) The Illinois Department may establish and implement 28 a demonstration program of preventive physical examinations 29 over a 3-year period commencing on January 1, 1994, for 30 persons receiving assistance under Article IV of this Code 31 and persons eligible for assistance under this Article who 32 are otherwise eligible for assistance under Article IV but 33 who fail to qualify for cash assistance under Article IV on -403- LRB9206615WHmb 1 the basis of need. Notwithstanding any other provision of 2 this Section, however, persons who are pregnant or who are 3 less than 21 years of age shall not be eligible to 4 participate in the demonstration program. The demonstration 5 program may be implemented for recipients in at least 2 6 counties, one with a population of not more than 650,000 as 7 determined by the 1990 federal census, and one with a 8 population of not more than 100,000 as determined by the 1990 9 federal census. The Illinois Department may establish by 10 rule the nature and scope of the preventive physical 11 examinations required under this Section, except that the 12 services may include, as appropriate, blood pressure reading, 13 complete blood test appropriate to the population and risk 14 factors, family planning, nutrition counselling, smoking 15 evaluation, temperature, urinalysis, chest x-ray, 16 tuberculosis screening, and appropriate referrals. 17 (b) Participation in the demonstration program shall be 18 voluntary, and eligible recipients shall not be subject to 19 sanctions for refusing or failing to submit to a preventive 20 physical examination or any portion of such an examination. 21 The Illinois Department may by rule limit each eligible 22 recipient to one examination during the demonstration period. 23 (c) For the purpose of carrying out its responsibilities 24 under this Section, the Illinois Department is authorized to 25 enter into cooperative arrangements with for-profit and 26 non-profit medical clinics and hospitals, local health 27 departments, and other providers of medical services. The 28 Illinois Department of Public Health shall cooperate in the 29 development and establishment of this demonstration program. 30 During the period of the demonstration program, the Illinois 31 Departmentof Public Aidshall study the cost benefit of 32 providing preventive physical examinations to the targeted 33 group of recipients of public aid. 34 (d) Implementation of the demonstration program shall be -404- LRB9206615WHmb 1 contingent on the receipt of all necessary federal waivers. 2 (Source: P.A. 88-396.) 3 (305 ILCS 5/5-16.1) (from Ch. 23, par. 5-16.1) 4 Sec. 5-16.1. Case Management Services. The Illinois 5 Department may develop, implement and evaluate a Case 6 Management Services Program which provides services 7 consistent with the provisions of this Section, and the 8 Inter-Agency Agreement between the Departmentof Public Aid9 and the Department of Public Health, for a targeted 10 population on a less than Statewide basis in the State of 11 Illinois. The purpose of this Case Management Services 12 Program shall be to assist eligible participants in gaining 13 access to needed medical, social, educational and other 14 services thereby reducing the likelihood of long-term welfare 15 dependency. The Case Management Services Program shall have 16 the following characteristics: 17 (a) It shall be conducted for a period of no less 18 than 5 consecutive fiscal years in one urban area 19 containing a high proportion, as determined by Department 20of Public Aidand Department of Public Health records, of 21 Medicaid eligible pregnant or parenting girls under 17 22 years of age at the time of the initial assessment and in 23 one rural area containing a high proportion, as 24 determined by Departmentof Public Aidand Department of 25 Public Health records, of Medicaid eligible pregnant or 26 parenting girls under 17 years of age at the time of the 27 initial assessment. 28 (b) Providers participating in the program shall be 29 paid an amount per patient per month, to be set by the 30 Illinois Department, for the case management services 31 provided. 32 (c) Providers eligible to participate in the 33 program shall be nurses or social workers, licensed to -405- LRB9206615WHmb 1 practice in Illinois, who comply with the rules and 2 regulations established by the Illinois Department and 3 the Inter-Agency Agreement between the Departmentof4Public Aidand the Department of Public Health. The 5 Illinois Department may terminate a provider's 6 participation in the program if the provider is 7 determined to have failed to comply with any applicable 8 program standard or procedure established by the Illinois 9 Department. 10 (d) Each eligible participant in an area where the 11 Case Management Services Program is being conducted may 12 voluntarily designate a case manager, of her own choosing 13 to assume responsibility for her care. 14 (e) A participant may change her designated case 15 manager provided that she informs the Illinois Department 16 by the 20th day of the month in order for the change to 17 be effective in the following month. 18 (f) The Illinois Department shall, by rule, 19 establish procedures for providing case management 20 services when the designated source becomes unavailable 21 or wishes to withdraw from any obligation as case 22 management services provider. 23 (g) In accordance with rules adopted by the 24 Illinois Department, a participant may discontinue 25 participation in the program upon timely notice to the 26 Illinois Department, in which case the participant shall 27 remain eligible for assistance under all applicable 28 provisions of Article V of this Code. 29 The Illinois Department shall take any necessary steps to 30 obtain authorization or waiver under federal law to implement 31 a Case Management Services Program. Participation shall be 32 voluntary for the provider and the recipient. 33 (Source: P.A. 87-685.) -406- LRB9206615WHmb 1 (305 ILCS 5/5-16.4) 2 Sec. 5-16.4. Medical Assistance Provider Payment Fund. 3 (a) There is created in the State treasury the Medical 4 Assistance Provider Payment Fund. Interest earned by the 5 Fund shall be credited to the Fund. 6 (b) The Fund is created for the purpose of disbursing 7 moneys as follows: 8 (1) For medical services provided to recipients of 9 aid under Articles V, VI, and XII. 10 (2) For payment of administrative expenses incurred 11 by the Illinois Department or its agent in performing the 12 activities authorized by this Section. 13 (3) For making transfers to the General Obligation 14 Bond Retirement and Interest Fund, as those transfers are 15 authorized in the proceedings authorizing debt under the 16 Medicaid Liability Liquidity Borrowing Act, but transfers 17 made under this paragraph (3) may not exceed the 18 principal amount of debt issued under that Act. 19 Disbursements from the Fund, other than transfers to the 20 General Obligation Bond Retirement and Interest Fund (which 21 shall be made in accordance with the provisions of the 22 Medicaid Liability Liquidity Borrowing Act), shall be by 23 warrants drawn by the State Comptroller upon receipt of 24 vouchers duly executed and certified by the Illinois 25 Department. 26 (c) The Fund shall consist of the following: 27 (1) All federal matching funds received by the 28 Illinois Department as a result of expenditures made by 29 the Illinois Department that are attributable to moneys 30 deposited into the Fund. 31 (2) Proceeds from any short-term borrowing directed 32 to the Fund by the Governor pursuant to the Medicaid 33 Liability Liquidity Borrowing Act. 34 (3) Amounts transferred into the Fund under -407- LRB9206615WHmb 1 subsection (d) of this Section. 2 (4) All other moneys received for the Fund from any 3 other source, including interest earned on those moneys. 4 (d) Beginning July 1, 1995, on the 13th and 26th days of 5 each month the State Comptroller and Treasurer shall transfer 6 from the General Revenue Fund to the Medical Assistance 7 Provider Payment Fund an amount equal to 1/48th of the annual 8 Medical Assistance appropriation to the Illinois Department 9of Public Aidfrom the Medical Assistance Provider Payment 10 Fund, plus cumulative deficiencies from those prior 11 transfers. In addition to those transfers, the State 12 Comptroller and Treasurer may transfer from the General 13 Revenue Fund to the Medical Assistance Provider Payment Fund 14 as much as is necessary to pay claims pursuant to the new 15 twice-monthly payment schedule established in Section 5-16.5 16 and to avoid interest liabilities under the State Prompt 17 Payment Act. No transfers made pursuant to this subsection 18 shall interfere with the timely payment of the general State 19 aid payment made pursuant to Section 18-11 of the School 20 Code. 21 (Source: P.A. 88-554, eff. 7-26-94.) 22 (305 ILCS 5/5-21) 23 Sec. 5-21. Immunization. By July 1, 1994, the Illinois 24 Department shall, in cooperation with the Department of 25 Public Health, establish and implement a pilot program that 26 will provide immunization services for children on a walk-in 27 basis at local public aid offices. The SecretaryDirector28 shall determine the number and location of the local public 29 aid offices that will participate in the pilot program. The 30 Illinois Department shall submit a report on the 31 effectiveness of the program to the General Assembly on or 32 before December 31, 1995. The Departmentof Public Aid and33the Department of Human Services, in cooperation with the -408- LRB9206615WHmb 1 Department of Public Health, shall continue to implement the 2 pilot program after the effective date of this amendatory Act 3 of 1996. 4 (Source: P.A. 88-493; 88-670, eff. 12-2-94; 89-507, eff. 5 7-1-97.) 6 (305 ILCS 5/5A-7) (from Ch. 23, par. 5A-7) 7 Sec. 5A-7. Administration; enforcement provisions. 8 (a) To the extent practicable, the Illinois Department 9 shall administer and enforce this Article and collect the 10 assessments, interest, and penalty assessments imposed under 11 this Article using procedures employed in its administration 12 of this Code generally and, as it deems appropriate, in a 13 manner similar to that in which the Department of Revenue 14 administers and collects the retailers' occupation tax under 15 the Retailers' Occupation Tax Act ("ROTA"). Instead of 16 certificates of registration, the Illinois Department shall 17 establish and maintain a listing of all hospital providers 18 appearing in the licensing records of the Department of 19 Public Health, which shall show each provider's name, 20 principal place of business, and the name and address of each 21 hospital operated, conducted, or maintained by the provider 22 in this State. In addition, the following specified 23 provisions of the Retailers' Occupation Tax Act are 24 incorporated by reference into this Section except that the 25 Illinois Department and its SecretaryDirector(rather than 26 the Department of Revenue and its Director) and every 27 hospital provider subject to assessment measured by adjusted 28 gross hospital revenue and to the return filing requirements 29 of this Article (rather than persons subject to retailers' 30 occupation tax measured by gross receipts from the sale of 31 tangible personal property at retail and to the return filing 32 requirements of ROTA) shall have the powers, duties, and 33 rights specified in these ROTA provisions, as modified in -409- LRB9206615WHmb 1 this Section or by the Illinois Department in a manner 2 consistent with this Article and except as manifestly 3 inconsistent with the other provisions of this Article: 4 (1) ROTA, Section 4 (examination of return; notice 5 of correction; evidence; limitations; protest and 6 hearing), except that (i) the Illinois Department shall 7 issue notices of assessment liability (rather than 8 notices of tax liability as provided in ROTA, Section 4); 9 (ii) in the case of a fraudulent return or in the case of 10 an extended period agreed to by the Illinois Department 11 and the hospital provider before the expiration of the 12 limitation period, no notice of assessment liability 13 shall be issued more than 3 years after the later of the 14 due date of the return required by Section 5A-5 or the 15 date the return (or an amended return) was filed (rather 16 within the period stated in ROTA, Section 4); and (iii) 17 the penalty provisions of ROTA, Section 4 shall not 18 apply. 19 (2) ROTA, Sec. 5 (failure to make return; failure 20 to pay assessment), except that the penalty and interest 21 provisions of ROTA, Section 5 shall not apply. 22 (3) ROTA, Section 5a (lien; attachment; 23 termination; notice; protest; review; release of lien; 24 status of lien). 25 (4) ROTA, Section 5b (State lien notices; State 26 lien index; duties of recorder and registrar of titles). 27 (5) ROTA, Section 5c (liens; certificate of 28 release). 29 (6) ROTA, Section 5d (Department not required to 30 furnish bond; claim to property attached or levied upon). 31 (7) ROTA, Section 5e (foreclosure on liens; 32 enforcement). 33 (8) ROTA, Section 5f (demand for payment; levy and 34 sale of property; limitation). -410- LRB9206615WHmb 1 (9) ROTA, Section 5g (sale of property; 2 redemption). 3 (10) ROTA, Section 5j (sales on transfers outside 4 usual course of business; report; payment of assessment; 5 rights and duties of purchaser; penalty). 6 (11) ROTA, Section 6 (erroneous payments; credit or 7 refund), provided that (i) the Illinois Department may 8 only apply an amount otherwise subject to credit or 9 refund to a liability arising under this Article; (ii) 10 except in the case of an extended period agreed to by the 11 Illinois Department and the hospital provider before the 12 expiration of this limitation period, a claim for credit 13 or refund must be filed no more than 3 years after the 14 due date of the return required by Section 5A-5 (rather 15 than the time limitation stated in ROTA, Section 6); and 16 (iii) credits or refunds shall not bear interest. 17 (12) ROTA, Section 6a (claims for credit or 18 refund). 19 (13) ROTA, Section 6b (tentative determination of 20 claim; notice; hearing; review), provided that a hospital 21 provider or its representative shall have 60 days (rather 22 than 20 days) within which to file a protest and request 23 for hearing in response to a tentative determination of 24 claim. 25 (14) ROTA, Section 6c (finality of tentative 26 determinations). 27 (15) ROTA, Section 8 (investigations and 28 hearings). 29 (16) ROTA, Section 9 (witness; immunity). 30 (17) ROTA, Section 10 (issuance of subpoenas; 31 attendance of witnesses; production of books and 32 records). 33 (18) ROTA, Section 11 (information confidential; 34 exceptions). -411- LRB9206615WHmb 1 (19) ROTA, Section 12 (rules and regulations; 2 hearing; appeals), except that a hospital provider shall 3 not be required to file a bond or be subject to a lien in 4 lieu thereof in order to seek court review under the 5 Administrative Review Law of a final assessment or 6 revised final assessment or the equivalent thereof issued 7 by the Illinois Department under this Article. 8 (b) In addition to any other remedy provided for and 9 without sending a notice of assessment liability, the 10 Illinois Department may collect an unpaid assessment by 11 withholding, as payment of the assessment, reimbursements or 12 other amounts otherwise payable by the Illinois Department to 13 the provider. 14 (Source: P.A. 87-861.) 15 (305 ILCS 5/5B-7) (from Ch. 23, par. 5B-7) 16 Sec. 5B-7. Administration; enforcement provisions. 17 (a) To the extent practicable, the Illinois Department 18 shall administer and enforce this Article and collect the 19 assessments, interest, and penalty assessments imposed under 20 this Article, using procedures employed in its administration 21 of this Code generally and, as it deems appropriate, in a 22 manner similar to that in which the Department of Revenue 23 administers and collects the retailers' occupation tax under 24 the Retailers' Occupation Tax Act ("ROTA"). Instead of 25 certificates of registration, the Illinois Department shall 26 establish and maintain a listing of all long-term care 27 providers appearing in the licensing records of the 28 Department of Public Health, which shall show each provider's 29 name, principal place of business, and the name and address 30 of each long-term care facility operated or maintained by the 31 provider in this State. In addition, the following 32 provisions of the Retailers' Occupation Tax Act are 33 incorporated by reference into this Section, except that the -412- LRB9206615WHmb 1 Illinois Department and its SecretaryDirector(rather than 2 the Department of Revenue and its Director) and every 3 long-term care provider subject to assessment measured by 4 occupied bed days and to the return filing requirements of 5 this Article (rather than persons subject to retailers' 6 occupation tax measured by gross receipts from the sale of 7 tangible personal property at retail and to the return filing 8 requirements of ROTA) shall have the powers, duties, and 9 rights specified in these ROTA provisions, as modified in 10 this Section or by the Illinois Department in a manner 11 consistent with this Article and except as manifestly 12 inconsistent with the other provisions of this Article: 13 (1) ROTA, Section 4 (examination of return; notice 14 of correction; evidence; limitations; protest and 15 hearing), except that (i) the Illinois Department shall 16 issue notices of assessment liability (rather than 17 notices of tax liability as provided in ROTA, Section 4); 18 (ii) in the case of a fraudulent return or in the case of 19 an extended period agreed to by the Illinois Department 20 and the long-term care provider before the expiration of 21 the limitation period, no notice of assessment liability 22 shall be issued more than 3 years after the later of the 23 due date of the return required by Section 5B-5 or the 24 date the return (or an amended return) was filed (rather 25 within the period stated in ROTA, Section 4); and (iii) 26 the penalty provisions of ROTA, Section 4 shall not 27 apply. 28 (2) ROTA, Section 5 (failure to make return; 29 failure to pay assessment), except that the penalty and 30 interest provisions of ROTA, Section 5 shall not apply. 31 (3) ROTA, Section 5a (lien; attachment; 32 termination; notice; protest; review; release of lien; 33 status of lien). 34 (4) ROTA, Section 5b (State lien notices; State -413- LRB9206615WHmb 1 lien index; duties of recorder and registrar of titles). 2 (5) ROTA, Section 5c (liens; certificate of 3 release). 4 (6) ROTA, Section 5d (Department not required to 5 furnish bond; claim to property attached or levied upon). 6 (7) ROTA, Section 5e (foreclosure on liens; 7 enforcement). 8 (8) ROTA, Section 5f (demand for payment; levy and 9 sale of property; limitation). 10 (9) ROTA, Section 5g (sale of property; 11 redemption). 12 (10) ROTA, Section 5j (sales on transfers outside 13 usual course of business; report; payment of assessment; 14 rights and duties of purchaser; penalty). 15 (11) ROTA, Section 6 (erroneous payments; credit or 16 refund), provided that (i) the Illinois Department may 17 only apply an amount otherwise subject to credit or 18 refund to a liability arising under this Article; (ii) 19 except in the case of an extended period agreed to by the 20 Illinois Department and the long term care provider prior 21 to the expiration of this limitation period, a claim for 22 credit or refund must be filed no more than 3 years after 23 the due date of the return required by Section 5B-5 24 (rather than the time limitation stated in ROTA, Section 25 6); and (iii) credits or refunds shall not bear 26 interest. 27 (12) ROTA, Section 6a (claims for credit or 28 refund). 29 (13) ROTA, Section 6b (tentative determination of 30 claim; notice; hearing; review), provided that a 31 long-term care provider or its representative shall have 32 60 days (rather than 20 days) within which to file a 33 protest and request for hearing in response to a 34 tentative determination of claim. -414- LRB9206615WHmb 1 (14) ROTA, Section 6c (finality of tentative 2 determinations). 3 (15) ROTA, Section 8 (investigations and 4 hearings). 5 (16) ROTA, Section 9 (witness; immunity). 6 (17) ROTA, Section 10 (issuance of subpoenas; 7 attendance of witnesses; production of books and 8 records). 9 (18) ROTA, Section 11 (information confidential; 10 exceptions). 11 (19) ROTA, Section 12 (rules and regulations; 12 hearing; appeals), except that a long-term care provider 13 shall not be required to file a bond or be subject to a 14 lien in lieu thereof in order to seek court review under 15 the Administrative Review Law of a final assessment or 16 revised final assessment or the equivalent thereof issued 17 by the Illinois Department under this Article. 18 (b) In addition to any other remedy provided for and 19 without sending a notice of assessment liability, the 20 Illinois Department may collect an unpaid assessment by 21 withholding, as payment of the assessment, reimbursements or 22 other amounts otherwise payable by the Illinois Department to 23 the provider. 24 (Source: P.A. 87-861.) 25 (305 ILCS 5/5C-6) (from Ch. 23, par. 5C-6) 26 Sec. 5C-6. Administration; enforcement provisions. 27 (a) To the extent practicable, the Illinois Department 28 shall administer and enforce this Article and collect the 29 assessments, interest, and penalty assessments imposed under 30 this Article, using procedures employed in its administration 31 of this Code generally and, as it deems appropriate, in a 32 manner similar to that in which the Department of Revenue 33 administers and collects the retailers' occupation tax -415- LRB9206615WHmb 1 pursuant to the Retailers' Occupation Tax Act ("ROTA"). 2 Instead of certificates of registration, the Illinois 3 Department shall establish and maintain a listing of all 4 developmentally disabled care providers appearing in the 5 licensing records of the Department of Public Health, which 6 shall show each provider's name, principal place of business, 7 and the name and address of each developmentally disabled 8 care facility operated or maintained by the provider in this 9 State. In addition, the following Retailers' Occupation Tax 10 Act provisions are incorporated by reference into this 11 Section, except that the Illinois Department and its 12 SecretaryDirector(rather than the Department of Revenue and 13 its Director) and every developmentally disabled care 14 provider subject to assessment measured by adjusted gross 15 developmentally disabled care revenue and to the return 16 filing requirements of this Article (rather than persons 17 subject to retailers' occupation tax measured by gross 18 receipts from the sale of tangible personal property at 19 retail and to the return filing requirements of ROTA) shall 20 have the powers, duties, and rights specified in these ROTA 21 provisions, as modified in this Section or by the Illinois 22 Department in a manner consistent with this Article and 23 except as manifestly inconsistent with the other provisions 24 of this Article: 25 (1) ROTA, Section 4 (examination of return; notice 26 of correction; evidence; limitations; protest and 27 hearing), except that (i) the Illinois Department shall 28 issue notices of assessment liability (rather than 29 notices of tax liability as provided in ROTA, Section 4); 30 (ii) in the case of a fraudulent return or in the case of 31 an extended period agreed to by the Illinois Department 32 and the developmentally disabled care provider before the 33 expiration of the limitation period, no notice of 34 assessment liability shall be issued more than 3 years -416- LRB9206615WHmb 1 after the later of the due date of the return required by 2 Section 5C-5 or the date the return (or an amended 3 return) was filed (rather within the period stated in 4 ROTA, Section 4); and (iii) the penalty provisions of 5 ROTA, Section 4 shall not apply. 6 (2) ROTA, Section 5 (failure to make return; 7 failure to pay assessment), except that the penalty and 8 interest provisions of ROTA, Section 5 shall not apply. 9 (3) ROTA, Section 5a (lien; attachment; 10 termination; notice; protest; review; release of lien; 11 status of lien). 12 (4) ROTA, Section 5b (State lien notices; State 13 lien index; duties of recorder and registrar of titles). 14 (5) ROTA, Section 5c (liens; certificate of 15 release). 16 (6) ROTA, Section 5d (Department not required to 17 furnish bond; claim to property attached or levied upon). 18 (7) ROTA, Section 5e (foreclosure on liens; 19 enforcement). 20 (8) ROTA, Section 5f (demand for payment; levy and 21 sale of property; limitation). 22 (9) ROTA, Section 5g (sale of property; 23 redemption). 24 (10) ROTA, Section 5j (sales on transfers outside 25 usual course of business; report; payment of assessment; 26 rights and duties of purchaser; penalty). 27 (11) ROTA, Section 6 (erroneous payments; credit or 28 refund), provided that (i) the Illinois Department may 29 only apply an amount otherwise subject to credit or 30 refund to a liability arising under this Article; (ii) 31 except in the case of an extended period agreed to by the 32 Illinois Department and the developmentally disabled care 33 provider prior to the expiration of this limitation 34 period, a claim for credit or refund must be filed no -417- LRB9206615WHmb 1 more than 3 years after the due date of the return 2 required by Section 5C-5 (rather than the time limitation 3 stated in ROTA, Section 6); and (iii) credits or refunds 4 shall not bear interest. 5 (12) ROTA, Section 6a (claims for credit or 6 refund). 7 (13) ROTA, Section 6b (tentative determination of 8 claim; notice; hearing; review), provided that a 9 developmentally disabled care provider or its 10 representative shall have 60 days (rather than 20 11 days) within which to file a protest and request for 12 hearing in response to a tentative determination of 13 claim. 14 (14) ROTA, Section 6c (finality of tentative 15 determinations). 16 (15) ROTA, Section 8 (investigations and 17 hearings). 18 (16) ROTA, Section 9 (witness; immunity). 19 (17) ROTA, Section 10 (issuance of subpoenas; 20 attendance of witnesses; production of books and 21 records). 22 (18) ROTA, Section 11 (information confidential; 23 exceptions). 24 (19) ROTA, Section 12 (rules and regulations; 25 hearing; appeals), except that a developmentally disabled 26 care provider shall not be required to file a bond or be 27 subject to a lien in lieu thereof in order to seek court 28 review under the Administrative Review Law of a final 29 assessment or revised final assessment or the equivalent 30 thereof issued by the Illinois Department under this 31 Article. 32 (b) In addition to any other remedy provided for and 33 without sending a notice of assessment liability, the 34 Illinois Department may collect an unpaid assessment by -418- LRB9206615WHmb 1 withholding, as payment of the assessment, reimbursements or 2 other amounts otherwise payable by the Illinois Department to 3 the provider. 4 (Source: P.A. 87-861.) 5 (305 ILCS 5/6-11) (from Ch. 23, par. 6-11) 6 Sec. 6-11. State funded General Assistance. 7 (a) Effective July 1, 1992, all State funded General 8 Assistance and related medical benefits shall be governed by 9 this Section. Other parts of this Code or other laws related 10 to General Assistance shall remain in effect to the extent 11 they do not conflict with the provisions of this Section. If 12 any other part of this Code or other laws of this State 13 conflict with the provisions of this Section, the provisions 14 of this Section shall control. 15 (b) State funded General Assistance shall consist of 2 16 separate programs. One program shall be for adults with no 17 children and shall be known as State Transitional Assistance. 18 The other program shall be for families with children and for 19 pregnant women and shall be known as State Family and 20 Children Assistance. 21 (c) (1) To be eligible for State Transitional Assistance 22 on or after July 1, 1992, an individual must be ineligible 23 for assistance under any other Article of this Code, must be 24 determined chronically needy, and must be one of the 25 following: 26 (A) age 18 or over or 27 (B) married and living with a spouse, regardless of 28 age. 29 (2) The Illinois Department or the local governmental 30 unit shall determine whether individuals are chronically 31 needy as follows: 32 (A) Individuals who have applied for Supplemental 33 Security Income (SSI) and are awaiting a decision on -419- LRB9206615WHmb 1 eligibility for SSI who are determined disabled by the 2 Illinois Department using the SSI standard shall be 3 considered chronically needy, except that individuals 4 whose disability is based solely on substance addictions 5 (drug abuse and alcoholism) and whose disability would 6 cease were their addictions to end shall be eligible only 7 for medical assistance and shall not be eligible for cash 8 assistance under the State Transitional Assistance 9 program. 10 (B) If an individual has been denied SSI due to a 11 finding of "not disabled" (either at the Administrative 12 Law Judge level or above, or at a lower level if that 13 determination was not appealed), the Illinois Department 14 shall adopt that finding and the individual shall not be 15 eligible for State Transitional Assistance or any related 16 medical benefits. Such an individual may not be 17 determined disabled by the Illinois Department for a 18 period of 12 months, unless the individual shows that 19 there has been a substantial change in his or her medical 20 condition or that there has been a substantial change in 21 other factors, such as age or work experience, that might 22 change the determination of disability. 23 (C) The Illinois Department, by rule, may specify 24 other categories of individuals as chronically needy; 25 nothing in this Section, however, shall be deemed to 26 require the inclusion of any specific category other than 27 as specified in paragraphs (A) and (B). 28 (3) For individuals in State Transitional Assistance, 29 medical assistance shall be provided in an amount and nature 30 determined by the Illinois Departmentof Public Aidby rule. 31 The amount and nature of medical assistance provided need not 32 be the same as that provided under paragraph (4) of 33 subsection (d) of this Section, and nothing in this paragraph 34 (3) shall be construed to require the coverage of any -420- LRB9206615WHmb 1 particular medical service. In addition, the amount and 2 nature of medical assistance provided may be different for 3 different categories of individuals determined chronically 4 needy. 5 (4) The Illinois Department shall determine, by rule, 6 those assistance recipients under Article VI who shall be 7 subject to employment, training, or education programs 8 including Earnfare, the content of those programs, and the 9 penalties for failure to cooperate in those programs. 10 (5) The Illinois Department shall, by rule, establish 11 further eligibility requirements, including but not limited 12 to residence, need, and the level of payments. 13 (d) (1) To be eligible for State Family and Children 14 Assistance, a family unit must be ineligible for assistance 15 under any other Article of this Code and must contain a child 16 who is: 17 (A) under age 18 or 18 (B) age 18 and a full-time student in a secondary 19 school or the equivalent level of vocational or technical 20 training, and who may reasonably be expected to complete 21 the program before reaching age 19. 22 Those children shall be eligible for State Family and 23 Children Assistance. 24 (2) The natural or adoptive parents of the child living 25 in the same household may be eligible for State Family and 26 Children Assistance. 27 (3) A pregnant woman whose pregnancy has been verified 28 shall be eligible for income maintenance assistance under the 29 State Family and Children Assistance program. 30 (4) The amount and nature of medical assistance provided 31 under the State Family and Children Assistance program shall 32 be determined by the Illinois Departmentof Public Aidby 33 rule. The amount and nature of medical assistance provided 34 need not be the same as that provided under paragraph (3) of -421- LRB9206615WHmb 1 subsection (c) of this Section, and nothing in this paragraph 2 (4) shall be construed to require the coverage of any 3 particular medical service. 4 (5) The Illinois Department shall, by rule, establish 5 further eligibility requirements, including but not limited 6 to residence, need, and the level of payments. 7 (e) A local governmental unit that chooses to 8 participate in a General Assistance program under this 9 Section shall provide funding in accordance with Section 10 12-21.3 of this Act. Local governmental funds used to qualify 11 for State funding may only be expended for clients eligible 12 for assistance under this Section 6-11 and related 13 administrative expenses. 14 (f) In order to qualify for State funding under this 15 Section, a local governmental unit shall be subject to the 16 supervision and the rules and regulations of the Illinois 17 Department. 18 (g) Notwithstanding any other provision in this Code, 19 the Illinois Department is authorized to reduce payment 20 levels used to determine cash grants provided to recipients 21 of State Transitional Assistance at any time within a Fiscal 22 Year in order to ensure that cash benefits for State 23 Transitional Assistance do not exceed the amounts 24 appropriated for those cash benefits. Changes in payment 25 levels may be accomplished by emergency rule under Section 26 5-45 of the Illinois Administrative Procedure Act, except 27 that the limitation on the number of emergency rules that may 28 be adopted in a 24-month period shall not apply and the 29 provisions of Sections 5-115 and 5-125 of the Illinois 30 Administrative Procedure Act shall not apply. This provision 31 shall also be applicable to any reduction in payment levels 32 made upon implementation of this amendatory Act of 1995. 33 (Source: P.A. 88-45; 89-21, eff. 7-1-95; 89-507, eff. 34 7-1-97.) -422- LRB9206615WHmb 1 (305 ILCS 5/8A-7.1) (from Ch. 23, par. 8A-7.1) 2 Sec. 8A-7.1. The SecretaryDirector, upon making a 3 determination based upon information in the possession of the 4 Illinois Department, that continuation in practice of a 5 licensed health care professional would constitute an 6 immediate danger to the public, shall submit a written 7 communication to the Director of Professional Regulation 8 indicating such determination and additionally providing a 9 complete summary of the information upon which such 10 determination is based, and recommending that the Director of 11 Professional Regulation immediately suspend such person's 12 license. All relevant evidence, or copies thereof, in the 13 Illinois Department's possession may also be submitted in 14 conjunction with the written communication. A copy of such 15 written communication, which is exempt from the copying and 16 inspection provisions of The Freedom of Information Act, 17 shall at the time of submittal to the Director of 18 Professional Regulation be simultaneously mailed to the last 19 known business address of such licensed health care 20 professional by certified or registered postage, United 21 States Mail, return receipt requested. Any evidence, or 22 copies thereof, which is submitted in conjunction with the 23 written communication is also exempt from the copying and 24 inspection provisions of The Freedom of Information Act. 25 The SecretaryDirector, upon making a determination based 26 upon information in the possession of the Illinois 27 Department, that a licensed health care professional is 28 willfully committing fraud upon the Illinois Department's 29 medical assistance program, shall submit a written 30 communication to the Director of Professional Regulation 31 indicating such determination and additionally providing a 32 complete summary of the information upon which such 33 determination is based. All relevant evidence, or copies 34 thereof, in the Illinois Department's possession may also be -423- LRB9206615WHmb 1 submitted in conjunction with the written communication. 2 Upon receipt of such written communication, the Director 3 of Professional Regulation shall promptly investigate the 4 allegations contained in such written communication. A copy 5 of such written communication, which is exempt from the 6 copying and inspection provisions of The Freedom of 7 Information Act, shall at the time of submission to the 8 Director of Professional Regulation, be simultaneously mailed 9 to the last known address of such licensed health care 10 professional by certified or registered postage, United 11 States Mail, return receipt requested. Any evidence, or 12 copies thereof, which is submitted in conjunction with the 13 written communication is also exempt from the copying and 14 inspection provisions of The Freedom of Information Act. 15 For the purposes of this Section, "licensed health care 16 professional" means any person licensed under the Illinois 17 Dental Practice Act, the Nursing and Advanced Practice 18 Nursing Act, the Medical Practice Act of 1987, the Pharmacy 19 Practice Act of 1987, the Podiatric Medical Practice Act of 20 1987, and the Illinois Optometric Practice Act of 1987. 21 (Source: P.A. 90-742, eff. 8-13-98.) 22 (305 ILCS 5/8A-9) (from Ch. 23, par. 8A-9) 23 Sec. 8A-9. Special Investigations Unit. There shall be 24 established within the administrative staff a unit to 25 investigate all matters pertaining to the fraudulent 26 acquisition of public aid, including administrative funds. 27 The investigation may be conducted without prior notice to 28 the recipients, to the personnel administering the cases or 29 to vendors or other persons involved. The unit shall also 30 investigate any other matter relating to the administration 31 of public aid assigned to it by the SecretaryDirectorof the 32 Illinois Department. The Illinois Department may make the 33 facts revealed by any investigation available to the Attorney -424- LRB9206615WHmb 1 General or to the appropriate State's Attorney. 2 (Source: P.A. 82-440.) 3 (305 ILCS 5/9-1) (from Ch. 23, par. 9-1) 4 Sec. 9-1. Declaration of Purpose. It is the purpose of 5 this Article to aid applicants for and recipients of public 6 aid under Articles III, IV, V, VI and VII, to increase their 7 capacities for self-support, self-care, and responsible 8 citizenship, and to assist them in maintaining and 9 strengthening family life. If authorized pursuant to Section 10 9-8, this Article may be extended to former and potential 11 recipients and to persons whose income does not exceed the 12 standard established to determine eligibility for aid as a 13 medically indigent person under Article V. The Department, 14 with the written consent of the Governor, may also: 15 (a) extend this Article to individuals and their 16 families with income closely related to national indices of 17 poverty who have special needs resulting from 18 institutionalization of a family member or conditions that 19 may lead to institutionalization or who live in impoverished 20 areas or in facilities developed to serve persons of low 21 income; 22 (b) establish, where indicated, schedules of payment for 23 service provided based on ability to pay; 24 (c) provide for the coordinated delivery of the services 25 described in this Article and related services offered by 26 other public or private agencies or institutions, and 27 cooperate with the Illinois Department on Aging to enable it 28 to properly execute and fulfill its duties pursuant to the 29 provisions of Section 4.01 of the "Illinois Act on the 30 Aging", as now or hereafter amended; 31 (d) provide in-home care services, such as chore and 32 housekeeping services or homemaker services, to recipients of 33 public aid under Articles IV and VI, the scope and -425- LRB9206615WHmb 1 eligibility criteria for such services to be determined by 2 rule;and3 (e) contract with other State agencies for the purchase 4 of social service under Title XX of the Social Security Act, 5 such services to be provided pursuant to such other agencies' 6 enabling legislation; and.7 (f)cooperate with the Illinois Department of Public Aid8toprovide services to public aid recipients for the 9 treatment and prevention of alcoholism and substance abuse. 10 (Source: P.A. 89-507, eff. 7-1-97; revised 1-16-01.) 11 (305 ILCS 5/10-1) (from Ch. 23, par. 10-1) 12 Sec. 10-1. Declaration of Public Policy - Persons 13 Eligible for Child and Spouse Support Services - Fees for 14 Non-Applicants and Non-Recipients.) It is the intent of this 15 Code that the financial aid and social welfare services 16 herein provided supplement rather than supplant the primary 17 and continuing obligation of the family unit for self-support 18 to the fullest extent permitted by the resources available to 19 it. This primary and continuing obligation applies whether 20 the family unit of parents and children or of husband and 21 wife remains intact and resides in a common household or 22 whether the unit has been broken by absence of one or more 23 members of the unit. The obligation of the family unit is 24 particularly applicable when a member is in necessitous 25 circumstances and lacks the means of a livelihood compatible 26 with health and well-being. 27 It is the purpose of this Article to provide for locating 28 an absent parent or spouse, for determining his financial 29 circumstances, and for enforcing his legal obligation of 30 support, if he is able to furnish support, in whole or in 31 part. The Illinois Departmentof Public Aidshall give 32 priority to establishing, enforcing and collecting the 33 current support obligation, and then to past due support owed -426- LRB9206615WHmb 1 to the family unit, except with respect to collections 2 effected through the intercept programs provided for in this 3 Article. 4 The child and spouse support services provided hereunder 5 shall be furnished dependents of an absent parent or spouse 6 who are applicants for or recipients of financial aid under 7 this Code. It is not, however, a condition of eligibility 8 for financial aid that there be no responsible relatives who 9 are reasonably able to provide support. Nor, except as 10 provided in Sections 4-1.7 and 10-8, shall the existence of 11 such relatives or their payment of support contributions 12 disqualify a needy person for financial aid. 13 By accepting financial aid under this Code, a spouse or a 14 parent or other person having custody of a child shall be 15 deemed to have made assignment to the Illinois Department for 16 aid under Articles III, IV, V and VII or to a local 17 governmental unit for aid under Article VI of any and all 18 rights, title, and interest in any support obligation up to 19 the amount of financial aid provided. The rights to support 20 assigned to the Illinois Departmentof Public Aidor local 21 governmental unit shall constitute an obligation owed the 22 State or local governmental unit by the person who is 23 responsible for providing the support, and shall be 24 collectible under all applicable processes. 25 The Illinois Departmentof Public Aidshall also furnish 26 the child and spouse support services established under this 27 Article in behalf of persons who are not applicants for or 28 recipients of financial aid under this Code in accordance 29 with the requirements of Title IV, Part D of the Social 30 Security Act. The Department may establish a schedule of 31 reasonable fees, to be paid for the services provided and may 32 deduct a collection fee, not to exceed 10% of the amount 33 collected, from such collection. The Illinois Departmentof34Public Aidshall cause to be published and distributed -427- LRB9206615WHmb 1 publications reasonably calculated to inform the public that 2 individuals who are not recipients of or applicants for 3 public aid under this Code are eligible for the child and 4 spouse support services under this Article X. Such 5 publications shall set forth an explanation, in plain 6 language, that the child and spouse support services program 7 is independent of any public aid program under the Code and 8 that the receiving of child and spouse support service in no 9 way implies that the person receiving such service is 10 receiving public aid. 11 (Source: P.A. 90-18, eff. 7-1-97.) 12 (305 ILCS 5/10-13.4) (from Ch. 23, par. 10-13.4) 13 Sec. 10-13.4. Proof of records.) The books, papers, 14 records and memoranda of the Illinois Department or of the 15 administrative enforcement unit, or parts thereof, may be 16 proved in any hearing, investigation, or legal proceeding by 17 a photostatic or other copy thereof under the certificate of 18 the SecretaryDirectorof the Illinois Department. Such 19 certified copy shall, without further proof, be admitted into 20 evidence in the hearing before the Illinois Department or in 21 any other legal proceeding. 22 (Source: P.A. 79-474.) 23 (305 ILCS 5/10-15) (from Ch. 23, par. 10-15) 24 Sec. 10-15. Enforcement of administrative order; costs 25 and fees. If a responsible relative refuses, neglects, or 26 fails to comply with a final administrative support or 27 reimbursement order of the Illinois Department entered by the 28 Child and Spouse Support Unit pursuant to Sections 10-11 or 29 10-11.1 or registered pursuant to Section 10-17.1, the Child 30 and Spouse Support Unit may file suit against the responsible 31 relative or relatives to secure compliance with the 32 administrative order. -428- LRB9206615WHmb 1 Suits shall be instituted in the name of the People of 2 the State of Illinois on the relation of the Departmentof3Public Aid of the State of Illinoisand the spouse or 4 dependent children for whom the support order has been 5 issued. 6 The court shall order the payment of the support 7 obligation, or orders for reimbursement of moneys for support 8 provided, directly to the Illinois Department but the order 9 shall permit the Illinois Department to direct the 10 responsible relative or relatives to make payments of support 11 directly to the spouse or dependent children, or to some 12 person or agency in his or their behalf, as provided in 13 Section 10-8 or 10-10, as applicable. 14 Whenever it is determined in a proceeding to enforce an 15 administrative order that the responsible relative is 16 unemployed, and support is sought on behalf of applicants for 17 or recipients of financial aid under Article IV of this Code 18 or other persons who are given access to the child and spouse 19 support services of this Article as provided in Section 10-1, 20 the court may order the responsible relative to seek 21 employment and report periodically to the court with a diary, 22 listing or other memorandum of his or her efforts in 23 accordance with such order. In addition, the court may order 24 the unemployed responsible relative to report to the Illinois 25 Department for participation in job search, training or work 26 programs established under Section 9-6 of this Code or to the 27 Illinois Department of Employment Security for job search 28 services or to make application with the local JobJobs29 Training Partnership Act provider for participation in job 30 search, training or work programs. 31 Charges imposed in accordance with the provisions of 32 Section 10-21 shall be enforced by the Court in a suit filed 33 under this Section. 34 To the extent the provisions of this Section are -429- LRB9206615WHmb 1 inconsistent with the requirements pertaining to the State 2 Disbursement Unit under Sections 10-10.4 and 10-26 of this 3 Code, the requirements pertaining to the State Disbursement 4 Unit shall apply. 5 (Source: P.A. 91-212, eff. 7-20-99; revised 2-23-00.) 6 (305 ILCS 5/10-17.9) 7 Sec. 10-17.9. Past due support information to State 8 Department of Revenue. 9 (a) The Illinois Department may provide by rule for 10 certification to the Illinois Department of Revenue of past 11 due support owed by responsible relatives under a support 12 order entered by a court or administrative body of this or 13 any other State on behalf of resident or non-resident 14 persons. The rule shall provide for notice to and an 15 opportunity to be heard by each responsible relative 16 affected. Any final administrative decision rendered by the 17 Department shall be reviewed only under and in accordance 18 with the Administrative Review Law. A responsible relative 19 may avoid certification to the Illinois Department of Revenue 20 by establishing a satisfactory repayment record as determined 21 by the Illinois Departmentof Public Aid. 22 (b) A certified past due support amount shall be final. 23 The certified amount shall be payable to the Illinois 24 Department of Revenue upon written notification of the 25 certification to the responsible relative by the Illinois 26 Department of Revenue. 27 (c) In the event a responsible relative overpays 28 pursuant to collection under this Section and the applicable 29 Sections of the Illinois Income Tax Act, the overpayment 30 shall be a credit against future support obligations. If the 31 current support obligation of the responsible relative has 32 terminated under operation of law or court order, any moneys 33 overpaid but still in the possession of the Department shall -430- LRB9206615WHmb 1 be promptly returned to the responsible relative. 2 (d) Except as otherwise provided in this Article, any 3 child support delinquency certified to the Illinois 4 Department of Revenue shall be treated as a child support 5 delinquency for all other purposes, and any collection action 6 by the State's Attorney or the Illinois Department of Revenue 7 with respect to any delinquency certified under this Article 8 shall have the same priority against attachment, execution, 9 assignment, or other collection action as is provided by any 10 other provision of State law. 11 (e) Any child support delinquency collected by the 12 Illinois Department of Revenue, including those amounts that 13 result in overpayment of a child support delinquency, shall 14 be paid to the State Disbursement Unit established under 15 Section 10-26. 16 (Source: P.A. 91-212, eff. 7-20-99.) 17 (305 ILCS 5/10-24.35) 18 Sec. 10-24.35. Accommodation of financial institutions. 19 The Illinois Departmentof Public Aidshall make a reasonable 20 effort to accommodate those financial institutions on which 21 the requirements of this Article X would impose a hardship. 22 In the case of a non-automated financial institution, a paper 23 copy including either social security numbers or tax 24 identification numbers is an acceptable format. In order to 25 allow for data processing implementation, no agreement shall 26 become effective earlier than 90 days after its execution. 27 (Source: P.A. 90-18, eff. 7-1-97.) 28 (305 ILCS 5/10-24.40) 29 Sec. 10-24.40. Financial institution's charges on 30 account. 31 (a) If the Illinois Departmentof Public Aidrequests a 32 financial institution to hold or encumber assets in an -431- LRB9206615WHmb 1 account as defined in Section 10-24, the financial 2 institution at which the account as defined in Section 10-24 3 is maintained may charge and collect its normally scheduled 4 account activity fees to maintain the account during the 5 period of time the account assets are held or encumbered. 6 (b) If the Illinois Departmentof Public Aidtakes any 7 action to enforce a lien or levy imposed on an account, as 8 defined in Section 10-24, under Section 10-25.5, the 9 financial institution at which the account is maintained may 10 charge to the account a fee of up to $50 and shall deduct the 11 amount of the fee from the account before remitting any 12 moneys from the account to the Illinois Departmentof Public13Aid. 14 (Source: P.A. 90-18, eff. 7-1-97.) 15 (305 ILCS 5/10-24.50) 16 Sec. 10-24.50. Financial institution's freedom from 17 liability. A financial institution that provides information 18 under Sections 10-24 through 10-24.50 shall not be liable to 19 any account holder, owner, or other person in any civil, 20 criminal, or administrative action for any of the following: 21 (1) Disclosing the required information to the 22 Illinois Departmentof Public Aid, any other provisions 23 of the law not withstanding. 24 (2) Holding, encumbering, or surrendering any of an 25 individual's accounts as defined in Section 10-24 in 26 response to a lien or order to withhold and deliver 27 issued by: 28 (A) the Illinois Departmentof Public Aid29 under Sections 10-25 and 10-25.5; or 30 (B) a person or entity acting on behalf of the 31 Illinois Departmentof Public Aid. 32 (3) Any other action taken or omission made in good 33 faith to comply with Sections 10-24 through 10-24.50, -432- LRB9206615WHmb 1 including individual or mechanical errors, provided that 2 the action or omission does not constitute gross 3 negligence or willful misconduct. 4 (Source: P.A. 90-18, eff. 7-1-97.) 5 (305 ILCS 5/11-8.3) (from Ch. 23, par. 11-8.3) 6 Sec. 11-8.3. Hearing officers - Subpoenas. Any qualified 7 officer or employee of the Illinois Department, a County 8 Board, or member of the staff of a Commissioner of Appeals, 9 as the case may be, designated in writing to so act by the 10 SecretaryDirectorof the Department, Chairman or President 11 of the County Board, or Commissioner of Appeals, may conduct 12 hearings on appeals and may compel, by subpoena, the 13 attendance and testimony of witnesses and the production of 14 books and papers, and administer oaths to witnesses. Wherever 15 feasible, the Public Aid Committee shall itself conduct 16 hearings on appeals by applicants for or recipients of aid 17 under Article VI. No person shall be compelled to attend a 18 hearing at a place outside the county in which he resides. 19 Subpoenas may be served as provided for in civil actions. The 20 fees of witnesses for attendance and travel shall be the same 21 as the fees of witnesses before the circuit court and shall 22 be paid as an expense of administration of the County 23 Department or the local governmental unit, as the case may 24 be. 25 If a witness refuses to attend or testify, or to produce 26 books or papers, concerning any matter upon which he might be 27 lawfully examined, the circuit court of the county wherein 28 the hearing is held, upon application of the Illinois 29 Department, Public Aid Committee, or Commissioner of Appeals, 30 as the case may be, may compel obedience by proceedings as 31 for contempt as in case of a like refusal to obey a similar 32 order of the court. 33 (Source: P.A. 81-1085.) -433- LRB9206615WHmb 1 (305 ILCS 5/11-9) (from Ch. 23, par. 11-9) 2 Sec. 11-9. Protection of records - Exceptions. For the 3 protection of applicants and recipients, the Illinois 4 Department, the county departments and local governmental 5 units and their respective officers and employees are 6 prohibited, except as hereinafter provided, from disclosing 7 the contents of any records, files, papers and 8 communications, except for purposes directly connected with 9 the administration of public aid under this Code. 10 In any judicial proceeding, except a proceeding directly 11 concerned with the administration of programs provided for in 12 this Code, such records, files, papers and communications, 13 and their contents shall be deemed privileged communications 14 and shall be disclosed only upon the order of the court, 15 where the court finds such to be necessary in the interest of 16 justice. 17 The Illinois Department shall establish and enforce 18 reasonable rules and regulations governing the custody, use 19 and preservation of the records, papers, files, and 20 communications of the Illinois Department, the county 21 departments and local governmental units receiving State or 22 Federal funds or aid. The governing body of other local 23 governmental units shall in like manner establish and enforce 24 rules and regulations governing the same matters. 25 The contents of case files pertaining to recipients under 26 Articles IV, V, VI, and VII shall be made available without 27 subpoena or formal notice to the officers of any court, to 28 all law enforcing agencies, and to such other persons or 29 agencies as from time to time may be authorized by any court. 30 In particular, the contents of those case files shall be made 31 available upon request to a law enforcement agency for the 32 purpose of determining the current address of a recipient 33 with respect to whom an arrest warrant is outstanding. 34 Information shall also be disclosed to the Illinois State -434- LRB9206615WHmb 1 Scholarship Commission pursuant to an investigation or audit 2 by the Illinois State Scholarship Commission of a delinquent 3 student loan or monetary award. 4 This Section does not prevent the Illinois Department and 5 local governmental units from reporting to appropriate law 6 enforcement officials the desertion or abandonment by a 7 parent of a child, as a result of which financial aid has 8 been necessitated under Articles IV, V, VI, or VII, or 9 reporting to appropriate law enforcement officials instances 10 in which a mother under age 18 has a child out of wedlock and 11 is an applicant for or recipient of aid under any Article of 12 this Code. The Illinois Department may provide by rule for 13 the county departments and local governmental units to 14 initiate proceedings under the Juvenile Court Act of 1987 to 15 have children declared to be neglected when they deem such 16 action necessary to protect the children from immoral 17 influences present in their home or surroundings. 18 This Section does not preclude the full exercise of the 19 powers of the Board of Public Aid Commissioners to inspect 20 records and documents, as provided for all advisory boards 21 pursuant to Section 5-505 of the Departments of State 22 Government Law (20 ILCS 5/5-505). 23 This Section does not preclude exchanges of information 24 among theIllinois Department of Public Aid, theDepartment 25 of Human Services (as successor to the Department of Public 26 Aid),and the Illinois Department of Revenue for the purpose 27 of verifying sources and amounts of income and for other 28 purposes directly connected with the administration of this 29 Code and of the Illinois Income Tax Act. 30 The provisions of this Section and of Section 11-11 as 31 they apply to applicants and recipients of public aid under 32 Articles III, IV and V shall be operative only to the extent 33 that they do not conflict with any Federal law or regulation 34 governing Federal grants to this State for such programs. -435- LRB9206615WHmb 1 TheIllinois Department of Public Aid and theDepartment 2 of Human Services (as successor to the Illinois Department of 3 Public Aid) shall enter into an inter-agency agreement with 4 the Department of Children and Family Services to establish a 5 procedure by which employees of the Department of Children 6 and Family Services may have immediate access to records, 7 files, papers, and communications (except medical, alcohol or 8 drug assessment or treatment, mental health, or any other 9 medical records) of the Illinois Department, county 10 departments, and local governmental units receiving State or 11 federal funds or aid, if the Department of Children and 12 Family Services determines the information is necessary to 13 perform its duties under the Abused and Neglected Child 14 Reporting Act, the Child Care Act of 1969, and the Children 15 and Family Services Act. 16 (Source: P.A. 90-14, eff. 7-1-97; 90-590, eff. 1-1-00; 17 91-239, eff. 1-1-00.) 18 (305 ILCS 5/11-27) (from Ch. 23, par. 11-27) 19 Sec. 11-27. Obtaining benefits after termination. 20 (a) For the purpose of this Section, the term "entity" 21 includes persons, firms, corporations, associations and 22 agencies. 23 (b) Subject to the provisions of Sections 8A-7, 8A-8 and 24 12-4.25, no entity which has had its receipt of benefits or 25 payments under this Code terminated or suspended or its 26 future receipt barred by the Department shall, while such 27 disability remains in effect, directly or indirectly: 28 (1) serve as a technical or other advisor to any entity 29 which obtains, attempts to obtain or seeks to obtain benefits 30 or payments under this Code; or 31 (2) be an incorporator or member of the board of 32 directors of any entity which obtains, attempts to obtain or 33 seeks to obtain benefits or payments under this Code; or -436- LRB9206615WHmb 1 (3) be an investor with or in any entity which obtains, 2 attempts to obtain or seeks to obtain benefits or payments 3 under this Code. 4 (c) The SecretaryDirectormay, by rule, establish 5 procedures for any entity aggrieved by the application of 6 this Section to seek special permission to continue receiving 7 benefits or payments under this Code or to seek reinstatement 8 of benefits or payments under this Code. Such entity must be 9 otherwise eligible to receive benefits or payments under this 10 Code and in compliance with any applicable requirement of 11 this Code for reinstatement. If the SecretaryDirector12 determines that the entity seeking such permission or 13 reinstatement had no part in the actions or conduct upon 14 which the decision to suspend, terminate or bar benefits was 15 based, he may authorize the continued participation by or 16 reinstatement of the entity in such program or programs as he 17 may deem appropriate under all the circumstances and upon 18 such terms and conditions and under such probationary or 19 other restrictions as he or other provisions of this Code may 20 require. 21 (d) Any entity which knowingly violates the provisions 22 of this Section or knowingly attempts or conspires to violate 23 the provisions of this Section shall be civilly liable in a 24 court of law for damages in an amount 3 times the value of 25 all benefits or payments obtained by such entity or $10,000, 26 whichever sum is greater. 27 (e) The civil liability imposed under this Section shall 28 be joint and several and shall extend to any entity knowingly 29 seeking or attempting to obtain benefits under this Code 30 which, having the authority to refuse, knowingly associates 31 with or permits the association of a suspended, terminated or 32 barred entity as prohibited herein. Such liability shall 33 also extend to any entity found guilty in a court of law of 34 such unlawful association, including the suspended, -437- LRB9206615WHmb 1 terminated or barred entity. Liability shall arise when any 2 such entity knew, or under all of the circumstances 3 reasonably should have known, that it was engaging in or 4 authorizing any activity prohibited herein. 5 (f) The Attorney General, or the State's Attorney in 6 actions involving a local governmental unit, may initiate 7 court proceedings to recover benefits or payments obtained in 8 violation of this Section and shall, in addition to any 9 judgment obtained, be entitled to recover all court costs. 10 (g) Notwithstanding any provision of The Freedom of 11 Information Act or other State law, the Department shall make 12 public the identity and business address of every entity 13 which has had its receipt of benefits or payments under this 14 Code suspended or terminated or its future receipt barred by 15 the Department. Each month, the Department shall publish a 16 list of such identities and addresses, which shall be mailed 17 by the Department without charge to associations and 18 societies, including their affiliates and components, of 19 vendors providing goods, services or both to recipients of 20 medical assistance under this Code. The Department shall 21 also mail such list without charge to any other person or 22 organization upon request. 23 (h) Nothing in this Section shall prohibit the 24 Department from pursuing and implementing any other remedy 25 provided by this Code in connection with the suspension, 26 termination or reinstatement of receipt of benefits or 27 payments under this Code or the barring of receipt of future 28 benefits or payments under this Code. 29 (Source: P.A. 84-1254; 84-1438.) 30 (305 ILCS 5/12-1) (from Ch. 23, par. 12-1) 31 Sec. 12-1. Administration of Code; Illinois Department of32Public Aid. 33(a)This Code shall be administered by the Department of -438- LRB9206615WHmb 1 Human Servicesand the Illinois Department of Public Aid as2provided in the Department of Human Services Act.3(b) The Department of Public Aid shall be under the4supervision and direction of the Director of Public Aid, as5provided in Section 5-20 of the Departments of State6Government Law (20 ILCS 5/5-20). The Director shall be7appointed pursuant to the provisions of Section 5-605 and8meet the qualifications of Section 5-230 of that Law.9The Assistant Director of Public Aid, created by Section105-165 of the Departments of State Government Law (20 ILCS115/5-165), shall be appointed pursuant to the provisions of12Section 5-605 of that Law and shall meet the qualifications13prescribed in Section 5-230 of that Law.14The salaries of the Director and the Assistant Director15shall be those specified in Section 5-395 of the Departments16of State Government Law (20 ILCS 5/5-395). 17 The Illinois Departmentof Public Aidand the Secretary 18 of Human ServicesDirector of Public Aidshall comply with 19 other provisions of the Civil Administrative Code of Illinois 20 which are generally applicable to the several departments of 21 the State Government created by that Code. 22 (Source: P.A. 91-239, eff. 1-1-00.) 23 (305 ILCS 5/12-4.7c) 24 Sec. 12-4.7c. Exchange of information after July 1, 1997. 25 (a) (Blank).The Department of Human Services shall26exchange with the Illinois Department of Public Aid27information that may be necessary for the enforcement of28child support orders entered pursuant to Sections 10-10 and2910-11 of this Code or pursuant to the Illinois Marriage and30Dissolution of Marriage Act, the Non-Support of Spouse and31Children Act, the Non-Support Punishment Act, the Revised32Uniform Reciprocal Enforcement of Support Act, the Uniform33Interstate Family Support Act, or the Illinois Parentage Act-439- LRB9206615WHmb 1of 1984.2 (b) Notwithstanding any provisions in this Code to the 3 contrary, the Department of Human Services shall not be 4 liable to any person for any disclosure of information to the 5 Illinois Department of Public Aid under subsection (a) or for 6 any other action taken in good faith to comply with the 7 requirements of subsection (a), as that subsection (a) 8 existed before the effective date of this amendatory Act of 9 the 92nd General Assembly. 10 (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.) 11 (305 ILCS 5/12-4.9) (from Ch. 23, par. 12-4.9) 12 Sec. 12-4.9. Hearings and investigations. Conduct 13 hearings and investigations in connection with the 14 administration of public aid; compel by subpoena, the 15 attendance and testimony of witnesses and the production of 16 books and papers; and administer oaths to witnesses. No 17 person shall be compelled to attend an investigation or 18 hearing at a place outside the county in which he resides. 19 Subpoenas may be served as provided for in civil actions. 20 The fees of witnesses for attendance and travel shall be the 21 same as the fees of witnesses before the Circuit Court and 22 shall be paid as an expense of administration. 23 Any qualified officer or employee of the Department 24 designated in writing by the SecretaryDirectormay conduct 25 the hearings and investigations. 26 (Source: Laws 1967, p. 122.) 27 (305 ILCS 5/12-4.17) (from Ch. 23, par. 12-4.17) 28 Sec. 12-4.17. Training personnel for employment in 29 public aid programs. Establish within the administrative 30 staff a staff development unit to provide orientation and 31 job-related training for new employees and continued 32 development and improvement of job skills of all staff of the -440- LRB9206615WHmb 1 Department and County Departments; establish criteria for and 2 administer and maintain a program for granting employees 3 educational leave for specialized professional or technical 4 study; and co-ordinate such training, development, and 5 educational activities with the training program of the 6 Illinois Department of Central Management Services and with 7 other programs for training personnel established under this 8 Section. The Department may also make grants to public or 9 other non-profit institutions of higher learning for training 10 personnel employed or preparing for employment in the public 11 aid programs and conduct special courses of study or seminars 12 for personnel by experts hired temporarily by the Illinois 13 Department. 14 (a) To qualify for an assignment for educational or 15 training purposes under this Section, a person must: 16 1. be enrolled in the final 2 years of accredited 17 specialized training which is required to meet the 18 qualifications for the position, as established by the 19 Department of Central Management Services, or be a current 20 employee of the Department who has continuously served in a 21 full-time capacity for at least 1 year prior to assignment; 22 2. have completed 4 years of high school education; 23 3. possess such qualities and attributes as the 24 SecretaryDirectorof the Department deems necessary for 25 achieving the purposes of which the assignment was made; 26 4. sign an agreement to serve as an employee of the 27 Department for 12 months for each 9 months of subsidized 28 training for educational or training purposes under this 29 Section; 30 5. sign a promissory note agreeing to repay the 31 Department for the funds expended if the employee fails to 32 return to employment with, or remain an employee of the 33 Department for the period of time required by paragraph 4; 34 and -441- LRB9206615WHmb 1 6. agree in writing to such other terms and conditions 2 as the Department may reasonably require when granting the 3 assignment. 4 (b) When granting an assignment for educational or 5 training purposes to an eligible person under this Section, 6 the Department may pay: 7 1. for support and living expenses, a sum up to $300 per 8 month plus $50 per month for the first unemployed dependent 9 of the person and $25 per month for each of the next 10 unemployed dependents, provided the maximum total payment to 11 the person under this paragraph shall not exceed $400 per 12 month; and 13 2. for school expenses, not in excess of 80% of the cost 14 to the person of all tuition, laboratory fees, matriculation 15 fees and other general student charges made by the 16 institution of higher learning, but not including charges for 17 food or residence halls, which charges shall be payable from 18 the funds for support and living expenses with the 19 limitations provided in paragraph 1. 20 (c) Except for the purpose of receiving salary, vacation 21 pay or any other similar remuneration payable to State 22 employees, the status of an employee of the Department as an 23 employee of the State is not affected by the employee serving 24 on an educational or training assignment under this Section 25 as specified under the rules and regulations of the 26 Department of Central Management Services. 27 (d) Training programs such as tuition only refunds and 28 special workshops for employees, and training which is a part 29 of collaborative arrangements with institutions of higher 30 learning or other public agencies are not affected by this 31 Section. 32 (Source: P.A. 85-1308.) 33 (305 ILCS 5/12-4.20c) (from Ch. 23, par. 12-4.20c) -442- LRB9206615WHmb 1 Sec. 12-4.20c. Appointment of Child Support Advisory 2 Committee. Appoint the Child Support Advisory Committee to be 3 composed of members of the General Assembly, the judiciary, 4 the private bar, and others with expertise specific to child 5 support establishment and enforcement. Among the tasks of the 6 Committee shall be the periodic review of the State's child 7 support guidelines as required by the federal Family Support 8 Act of 1988. Members shall be appointed for one year terms 9 commencing on January 1 of each year. Each newly appointed 10 Committee shall elect a chairperson from among its members. 11 Members shall serve without compensation, but shall be 12 reimbursed for expenses incurred in the performance of their 13 duties. The Committee shall meet at least quarterly and at 14 other times at the call of the chairperson or at the request 15 of the SecretaryDirector. 16 (Source: P.A. 86-1347; 86-1432.) 17 (305 ILCS 5/12-4.20d) (from Ch. 23, par. 12-4.20d) 18 Sec. 12-4.20d. Appointment of Social Services Advisory 19 Council. Appoint the Social Services Advisory Council, to be 20 composed of 30 members, which shall include a balanced 21 representation of recipients, services providers, local 22 governmental units, community and welfare advocacy groups, 23 academia and the general public. The Council shall advise the 24 Illinois Department regarding all aspects of assistance 25 delivered or contracted for under Articles III, IV, VI and IX 26 of this Code and other areas as deemed appropriate by the 27 SecretaryDirector. In appointing the first Council, the 28 SecretaryDirectorshall name 15 members to 2 year terms and 29 15 members to 4 year terms, all of whom shall be appointed 30 within 6 months of the effective date of this amendatory Act 31 of 1991. All members appointed thereafter shall serve 4 year 32 terms. Members shall serve without compensation other than 33 reimbursement of expenses actually incurred in the -443- LRB9206615WHmb 1 performance of their official duties. At its first meeting, 2 the Council shall select a chair from among its members. The 3 Council shall meet at least quarterly and at other times at 4 the call of the chair. 5 (Source: P.A. 87-685.) 6 (305 ILCS 5/12-4.25) (from Ch. 23, par. 12-4.25) 7 Sec. 12-4.25. Medical assistance program; vendor 8 participation. 9 (A) The Illinois Department may deny, suspend or 10 terminate the eligibility of any person, firm, corporation, 11 association, agency, institution or other legal entity to 12 participate as a vendor of goods or services to recipients 13 under the medical assistance program under Article V, if 14 after reasonable notice and opportunity for a hearing the 15 Illinois Department finds: 16 (a) Such vendor is not complying with the 17 Department's policy or rules and regulations, or with the 18 terms and conditions prescribed by the Illinois 19 Department in its vendor agreement, which document shall 20 be developed by the Department as a result of 21 negotiations with each vendor category, including 22 physicians, hospitals, long term care facilities, 23 pharmacists, optometrists, podiatrists and dentists 24 setting forth the terms and conditions applicable to the 25 participation of each vendor group in the program; or 26 (b) Such vendor has failed to keep or make 27 available for inspection, audit or copying, after 28 receiving a written request from the Illinois Department, 29 such records regarding payments claimed for providing 30 services. This section does not require vendors to make 31 available patient records of patients for whom services 32 are not reimbursed under this Code; or 33 (c) Such vendor has failed to furnish any -444- LRB9206615WHmb 1 information requested by the Department regarding 2 payments for providing goods or services; or 3 (d) Such vendor has knowingly made, or caused to be 4 made, any false statement or representation of a material 5 fact in connection with the administration of the medical 6 assistance program; or 7 (e) Such vendor has furnished goods or services to 8 a recipient which are (1) in excess of his or her needs, 9 (2) harmful to the recipient, or (3) of grossly inferior 10 quality, all of such determinations to be based upon 11 competent medical judgment and evaluations; or 12 (f) The vendor; a person with management 13 responsibility for a vendor; an officer or person owning, 14 either directly or indirectly, 5% or more of the shares 15 of stock or other evidences of ownership in a corporate 16 vendor; an owner of a sole proprietorship which is a 17 vendor; or a partner in a partnership which is a vendor, 18 either: 19 (1) was previously terminated from 20 participation in the medical assistance program; or 21 (2) was a person with management 22 responsibility for a previously terminated vendor 23 during the time of conduct which was the basis for 24 that vendor's termination from participation in the 25 medical assistance program; or 26 (3) was an officer, or person owning, either 27 directly or indirectly, 5% or more of the shares of 28 stock or other evidences of ownership in a 29 previously terminated corporate vendor during the 30 time of conduct which was the basis for that 31 vendor's termination from participation in the 32 medical assistance program; or 33 (4) was an owner of a sole proprietorship or 34 partner of a partnership which was previously -445- LRB9206615WHmb 1 terminated during the time of conduct which was the 2 basis for that vendor's termination from 3 participation in the medical assistance program; or 4 (g) The vendor; a person with management 5 responsibility for a vendor; an officer or person owning, 6 either directly or indirectly, 5% or more of the shares 7 of stock or other evidences of ownership in a corporate 8 vendor; an owner of a sole proprietorship which is a 9 vendor; or a partner in a partnership which is a vendor, 10 either: 11 (1) has engaged in practices prohibited by 12 applicable federal or State law or regulation 13 relating to the medical assistance program; or 14 (2) was a person with management 15 responsibility for a vendor at the time that such 16 vendor engaged in practices prohibited by applicable 17 federal or State law or regulation relating to the 18 medical assistance program; or 19 (3) was an officer, or person owning, either 20 directly or indirectly, 5% or more of the shares of 21 stock or other evidences of ownership in a vendor at 22 the time such vendor engaged in practices prohibited 23 by applicable federal or State law or regulation 24 relating to the medical assistance program; or 25 (4) was an owner of a sole proprietorship or 26 partner of a partnership which was a vendor at the 27 time such vendor engaged in practices prohibited by 28 applicable federal or State law or regulation 29 relating to the medical assistance program. 30 (h) The direct or indirect ownership of the vendor 31 (including the ownership of a vendor that is a sole 32 proprietorship, a partner's interest in a vendor that is 33 a partnership, or ownership of 5% or more of the shares 34 of stock or other evidences of ownership in a corporate -446- LRB9206615WHmb 1 vendor) has been transferred by an individual who is 2 terminated or barred from participating as a vendor to 3 the individual's spouse, child, brother, sister, parent, 4 grandparent, grandchild, uncle, aunt, niece, nephew, 5 cousin, or relative by marriage. 6 (B) The Illinois Department shall deny, suspend or 7 terminate the eligibility of any person, firm, corporation, 8 association, agency, institution or other legal entity to 9 participate as a vendor of goods or services to recipients 10 under the medical assistance program under Article V: 11 (1) if such vendor is not properly licensed; 12 (2) within 30 days of the date when such vendor's 13 professional license, certification or other authorization 14 has been refused renewal or has been revoked, suspended or 15 otherwise terminated; or 16 (3) if such vendor has been convicted of a 17 violation of this Code, as provided in Article VIIIA. 18 (C) Upon termination of a vendor of goods or services 19 from participation in the medical assistance program 20 authorized by this Article, a person with management 21 responsibility for such vendor during the time of any conduct 22 which served as the basis for that vendor's termination is 23 barred from participation in the medical assistance program. 24 Upon termination of a corporate vendor, the officers and 25 persons owning, directly or indirectly, 5% or more of the 26 shares of stock or other evidences of ownership in the vendor 27 during the time of any conduct which served as the basis for 28 that vendor's termination are barred from participation in 29 the medical assistance program. A person who owns, directly 30 or indirectly, 5% or more of the shares of stock or other 31 evidences of ownership in a terminated corporate vendor may 32 not transfer his or her ownership interest in that vendor to 33 his or her spouse, child, brother, sister, parent, 34 grandparent, grandchild, uncle, aunt, niece, nephew, cousin, -447- LRB9206615WHmb 1 or relative by marriage. 2 Upon termination of a sole proprietorship or partnership, 3 the owner or partners during the time of any conduct which 4 served as the basis for that vendor's termination are barred 5 from participation in the medical assistance program. The 6 owner of a terminated vendor that is a sole proprietorship, 7 and a partner in a terminated vendor that is a partnership, 8 may not transfer his or her ownership or partnership interest 9 in that vendor to his or her spouse, child, brother, sister, 10 parent, grandparent, grandchild, uncle, aunt, niece, nephew, 11 cousin, or relative by marriage. 12 Rules adopted by the Illinois Department to implement 13 these provisions shall specifically include a definition of 14 the term "management responsibility" as used in this Section. 15 Such definition shall include, but not be limited to, typical 16 job titles, and duties and descriptions which will be 17 considered as within the definition of individuals with 18 management responsibility for a provider. 19 (D) If a vendor has been suspended from the medical 20 assistance program under Article V of the Code, the Secretary 21Directormay require that such vendor correct any 22 deficiencies which served as the basis for the suspension. 23 The SecretaryDirectorshall specify in the suspension order 24 a specific period of time, which shall not exceed one year 25 from the date of the order, during which a suspended vendor 26 shall not be eligible to participate. At the conclusion of 27 the period of suspension the SecretaryDirectorshall 28 reinstate such vendor, unless he finds that such vendor has 29 not corrected deficiencies upon which the suspension was 30 based. 31 If a vendor has been terminated from the medical 32 assistance program under Article V, such vendor shall be 33 barred from participation for at least one year. At the end 34 of one year a vendor who has been terminated may apply for -448- LRB9206615WHmb 1 reinstatement to the program. Upon proper application to be 2 reinstated such vendor may be deemed eligible by the 3 SecretaryDirectorproviding that such vendor meets the 4 requirements for eligibility under this Act. If such vendor 5 is deemed not eligible for reinstatement, he shall be barred 6 from again applying for reinstatement for one year from the 7 date his application for reinstatement is denied. 8 If a vendor has been terminated and reinstated to the 9 medical assistance program under Article V and the vendor is 10 terminated a second or subsequent time from the medical 11 assistance program, the vendor shall be barred from 12 participation for at least 2 years. At the end of 2 years, a 13 vendor who has been terminated may apply for reinstatement to 14 the program. Upon application to be reinstated, the vendor 15 may be deemed eligible if the vendor meets the requirements 16 for eligibility under this Code. If the vendor is deemed not 17 eligible for reinstatement, the vendor shall be barred from 18 again applying for reinstatement for 2 years from the date 19 the vendor's application for reinstatement is denied. 20 (E) The Illinois Department may recover money improperly 21 or erroneously paid, or overpayments, either by setoff, 22 crediting against future billings or by requiring direct 23 repayment to the Illinois Department. 24 (F) The Illinois Department may withhold payments to any 25 vendor during the pendency of any proceeding under this 26 Section except that if a final administrative decision has 27 not been issued within 120 days of the initiation of such 28 proceedings, unless delay has been caused by the vendor, 29 payments can no longer be withheld, provided, however, that 30 the 120 day limit may be extended if said extension is 31 mutually agreed to by the Illinois Department and the vendor. 32 The Illinois Department shall state by rule with as much 33 specificity as practicable the conditions under which 34 payments will not be withheld during the pendency of any -449- LRB9206615WHmb 1 proceeding under this Section. Payments may be denied for 2 bills submitted with service dates occurring during the 3 pendency of a proceeding where the final administrative 4 decision is to terminate eligibility to participate in the 5 medical assistance program. The Illinois Department shall 6 state by rule with as much specificity as practicable the 7 conditions under which payments will not be denied for such 8 bills. 9 (F-5) The Illinois Department may temporarily withhold 10 payments to a vendor if any of the following individuals 11 have been indicted or otherwise charged under a law of the 12 United States or this or any other state with a felony 13 offense that is based on alleged fraud or willful 14 misrepresentation on the part of the individual related to 15 (i) the medical assistance program under Article V of this 16 Code, (ii) a medical assistance program provided in another 17 state which is of the kind provided under Article V of this 18 Code, (iii) the Medicare program under Title XVIII of the 19 Social Security Act, or (iv) the provision of health care 20 services: 21 (1) If the vendor is a corporation: an officer of 22 the corporation or an individual who owns, either 23 directly or indirectly, 5% or more of the shares of 24 stock or other evidence of ownership of the corporation. 25 (2) If the vendor is a sole proprietorship: the 26 owner of the sole proprietorship. 27 (3) If the vendor is a partnership: a partner in the 28 partnership. 29 (4) If the vendor is any other business entity 30 authorized by law to transact business in this State: 31 an officer of the entity or an individual who owns, 32 either directly or indirectly, 5% or more of the 33 evidences of ownership of the entity. 34 If the Illinois Department withholds payments to a vendor -450- LRB9206615WHmb 1 under this subsection, the Department shall not release 2 those payments to the vendor while any criminal proceeding 3 related to the indictment or charge is pending unless the 4 Department determines that there is good cause to release the 5 payments before completion of the proceeding. If the 6 indictment or charge results in the individual's conviction, 7 the Illinois Department shall retain all withheld payments, 8 which shall be considered forfeited to the Department. If 9 the indictment or charge does not result in the individual's 10 conviction, the Illinois Department shall release to the 11 vendor all withheld payments. 12 (G) The provisions of the Administrative Review Law, as 13 now or hereafter amended, and the rules adopted pursuant 14 thereto, shall apply to and govern all proceedings for the 15 judicial review of final administrative decisions of the 16 Illinois Department under this Section. The term 17 "administrative decision" is defined as in Section 3-101 of 18 the Code of Civil Procedure. 19 (H) Nothing contained in this Code shall in any way 20 limit or otherwise impair the authority or power of any State 21 agency responsible for licensing of vendors. 22 (I) Based on a finding of noncompliance on the part of a 23 nursing home with any requirement for certification under 24 Title XVIII or XIX of the Social Security Act (42 U.S.C. Sec. 25 1395 et seq. or 42 U.S.C. Sec. 1396 et seq.), the Illinois 26 Department may impose one or more of the following remedies 27 after notice to the facility: 28 (1) Termination of the provider agreement. 29 (2) Temporary management. 30 (3) Denial of payment for new admissions. 31 (4) Civil money penalties. 32 (5) Closure of the facility in emergency situations 33 or transfer of residents, or both. 34 (6) State monitoring. -451- LRB9206615WHmb 1 (7) Denial of all payments when the Health Care 2 Finance Administration has imposed this sanction. 3 The Illinois Department shall by rule establish criteria 4 governing continued payments to a nursing facility subsequent 5 to termination of the facility's provider agreement if, in 6 the sole discretion of the Illinois Department, circumstances 7 affecting the health, safety, and welfare of the facility's 8 residents require those continued payments. The Illinois 9 Department may condition those continued payments on the 10 appointment of temporary management, sale of the facility to 11 new owners or operators, or other arrangements that the 12 Illinois Department determines best serve the needs of the 13 facility's residents. 14 Except in the case of a facility that has a right to a 15 hearing on the finding of noncompliance before an agency of 16 the federal government, a facility may request a hearing 17 before a State agency on any finding of noncompliance within 18 60 days after the notice of the intent to impose a remedy. 19 Except in the case of civil money penalties, a request for a 20 hearing shall not delay imposition of the penalty. The 21 choice of remedies is not appealable at a hearing. The level 22 of noncompliance may be challenged only in the case of a 23 civil money penalty. The Illinois Department shall provide 24 by rule for the State agency that will conduct the 25 evidentiary hearings. 26 The Illinois Department may collect interest on unpaid 27 civil money penalties. 28 The Illinois Department may adopt all rules necessary to 29 implement this subsection (I). 30 (Source: P.A. 89-21, eff. 1-1-96; 90-725, eff. 8-7-98.) 31 (305 ILCS 5/12-4.35) 32 Sec. 12-4.35. Medical services for certain noncitizens. 33 (a) Subject to specific appropriation for this purpose, -452- LRB9206615WHmb 1 and notwithstanding Section 1-11 of this Code or Section 2 20(a) of the Children's Health Insurance Program Act, the 3 Departmentof Public Aidmay provide medical services to 4 noncitizens who have not yet attained 19 years of age and who 5 are not eligible for medical assistance under Article V of 6 this Code or under the Children's Health Insurance Program 7 created by the Children's Health Insurance Program Act due to 8 their not meeting the otherwise applicable provisions of 9 Section 1-11 of this Code or Section 20(a) of the Children's 10 Health Insurance Program Act. The medical services 11 available, standards for eligibility, and other conditions of 12 participation under this Section shall be established by rule 13 by the Department; however, any such rule shall be at least 14 as restrictive as the rules for medical assistance under 15 Article V of this Code or the Children's Health Insurance 16 Program created by the Children's Health Insurance Program 17 Act. 18 (b) The Department is authorized to take any action, 19 including without limitation cessation of enrollment, 20 reduction of available medical services, and changing 21 standards for eligibility, that is deemed necessary by the 22 Department during a State fiscal year to assure that payments 23 under this Section do not exceed the amounts appropriated for 24 this purpose. 25 (c) In the event that the appropriation in any fiscal 26 year for the Children's Health Insurance Program created by 27 the Children's Health Insurance Program Act is determined by 28 the Department to be insufficient to continue enrollment of 29 otherwise eligible children under that Program during that 30 fiscal year, the Department is authorized to use funds 31 appropriated for the purposes of this Section to fund that 32 Program and to take any other action necessary to continue 33 the operation of that Program. Furthermore, continued 34 enrollment of individuals into the program created under this -453- LRB9206615WHmb 1 Section in any fiscal year is contingent upon continued 2 enrollment of individuals into the Children's Health 3 Insurance Program during that fiscal year. 4 (d) The General Assembly finds that the adoption of 5 rules to meet the purposes of subsections (a), (b), and (c) 6 is an emergency and necessary for the public interest, 7 safety, and welfare. The Department may adopt such rules 8 through the use of emergency rulemaking in accordance with 9 Section 5-45 of the Illinois Administrative Procedure Act, 10 except that the limitation on the number of emergency rules 11 that may be adopted in a 24-month period shall not apply. 12 (Source: P.A. 90-588, eff. 7-1-98.) 13 (305 ILCS 5/12-4.201) 14 Sec. 12-4.201. Data warehouse concerning medical and 15 related services. The Illinois Departmentof Public Aidmay 16 purchase services and materials associated with the costs of 17 developing and implementing a data warehouse comprised of 18 management and decision making information in regard to the 19 liability associated with, and utilization of, medical and 20 related services, out of moneys available for that purpose. 21 (Source: P.A. 90-9, eff. 7-1-97.) 22 (305 ILCS 5/12-8.1) 23 Sec. 12-8.1. State Disbursement Unit Revolving Fund. 24 (a) There is created a revolving fund to be known as the 25 State Disbursement Unit Revolving Fund, to be held by the 26 State Treasurer as ex officio custodian, for the following 27 purposes: 28 (1) the deposit of all support payments received by 29 the Illinois Department's State Disbursement Unit; and 30 (2) the disbursement of such payments in accordance 31 with the provisions of Title IV-D of the Social Security 32 Act and rules promulgated by the Department. -454- LRB9206615WHmb 1 (b) The provisions of this Section shall apply only if 2 the Department performs the functions of the State 3 Disbursement Unit under paragraph (d) of Section 10-26. 4 (c) Moneys in the State Disbursement Unit Revolving Fund 5 shall be expended upon the direction of the Secretary 6Director. 7 (Source: P.A. 91-712, eff. 7-1-00.) 8 (305 ILCS 5/12-9) (from Ch. 23, par. 12-9) 9 Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The 10 Public Aid Recoveries Trust Fund shall consist of (1) 11 recoveries by the Illinois Departmentof Public Aid12 authorized by this Code in respect to applicants or 13 recipients under Articles III, IV, V, and VI, including 14 recoveries made by the Illinois Departmentof Public Aidfrom 15 the estates of deceased recipients, (2) recoveries made by 16 the Illinois Departmentof Public Aidin respect to 17 applicants and recipients under the Children's Health 18 Insurance Program, and (3) federal funds received on behalf 19 of and earned by local governmental entities for services 20 provided to applicants or recipients covered under this Code. 21to the State Disbursement Unit established under Section2210-26 of this Code orThe Fund shall be held as a special 23 fund in the State Treasury. 24 Disbursements from this Fund shall be only (1) for the 25 reimbursement of claims collected by the Illinois Department 26of Public Aidthrough error or mistake, (2) for payment to 27 persons or agencies designated as payees or co-payees on any 28 instrument, whether or not negotiable, delivered to the 29 Illinois Departmentof Public Aidas a recovery under this 30 Section, such payment to be in proportion to the respective 31 interests of the payees in the amount so collected, (3) for 32 payments to the Department of Human Services for collections 33 made by the former Illinois Department of Public Aid on -455- LRB9206615WHmb 1 behalf of the Departmentof Human Servicesunder this Code, 2 (4)from the State Disbursement Unit Revolving Fund under3Section 12-8.1 of this Code orfor payment of administrative 4 expenses incurred in performing the activities authorized 5 under this Code, (5) for payment of fees to persons or 6 agencies in the performance of activities pursuant to the 7 collection of monies owed the State that are collected under 8 this Code, (6) for payments of any amounts which are 9 reimbursable to the federal government which are required to 10 be paid by State warrant by either the State or federal 11 government, and (7) for payments to local governmental 12 entities of federal funds for services provided to applicants 13 or recipients covered under this Code. Disbursements from 14 this Fund for purposes of items (4) and (5) of this paragraph 15 shall be subject to appropriations from the Fund to the 16 Illinois Departmentof Public Aid. 17 The balance in this Fund on the first day of each 18 calendar quarter, after payment therefrom of any amounts 19 reimbursable to the federal government, and minus the amount 20 reasonably anticipated to be needed to make the disbursements 21 during that quarter authorized by this Section, shall be 22 certified by the SecretaryDirectorof the Illinois 23 Departmentof Public Aidand transferred by the State 24 Comptroller to the General Revenue Fund in the State Treasury 25 within 30 days of the first day of each calendar quarter. 26 On July 1, 1999, the State Comptroller shall transfer the 27 sum of $5,000,000 from the Public Aid Recoveries Trust Fund 28 (formerly the Public Assistance Recoveries Trust Fund) into 29 the DHS Recoveries Trust Fund. 30 (Source: P.A. 90-255, eff. 1-1-98; 91-24, eff. 7-1-99; 31 91-212, eff. 7-20-99; revised 9-28-99.) 32 (305 ILCS 5/12-10.1) (from Ch. 23, par. 12-10.1) 33 Sec. 12-10.1. Local Initiative Fund - Uses. There is -456- LRB9206615WHmb 1 hereby created the Local Initiative Fund in the State 2 Treasury. The Local Initiative Fund is created for the 3 purpose of receiving and disbursing monies in accordance with 4 the provisions of the Social Services Block Grant of the 5 federal Social Security Act and related rules and 6 regulations, as now or hereafter amended, governing the use 7 of such monies. 8 Expenditures from the Local Initiative Fund shall be made 9 for services contained in the Projected Expenditure Report 10 required of the State under the Social Services Block Grant 11 of the federal Social Security Act. The Local Initiative Fund 12 shall be administered by the Illinois Department, which 13 shall expend monies appropriated from such fund by the 14 Illinois General Assembly for the purchase and provision of 15 social services. The Illinois Department shall execute a 16 written contract for the purchase of social services from 17 persons qualified to provide such services. Such contract 18 shall be filed with the Illinois Department and the State 19 Comptroller. 20 There shall be paid into the Local Initiative Fund the 21 following monies: 22 1. Federal funds paid to the State as reimbursement for 23 expenditures from the Local Initiative Fund made according to 24 the provisions of the federal Social Services Block Grant. 25 2. Payments by the Illinois Department for the purpose 26 of reimbursing the Local Initiative Fund for expenditures for 27 services not approved for federal reimbursement under the 28 Social Security Block Grant of the federal Social Security 29 Act either by the Illinois Department or by the federal 30 Department of Health and Human Services. Such payments shall 31 be made by the Illinois Department in the amount that the 32 SecretaryDirectorof the Illinois Department has determined 33 was not caused by the failure of a provider of services to 34 comply with the provisions of a service contract or the -457- LRB9206615WHmb 1 provisions of the Social Services Block Grant of the federal 2 Social Security Act and related rules and regulations as now 3 or hereafter amended. Any such expenditures for services not 4 approved for federal reimbursement which are subsequently 5 paid into the Social Services Block Grant Fund shall be 6 transferred into the General Revenue Fund. 7 (Source: P.A. 89-507, eff. 7-1-97.) 8 (305 ILCS 5/12-10.4) 9 Sec. 12-10.4. Juvenile Rehabilitation Services Medicaid 10 Matching Fund. There is created in the State Treasury the 11 Juvenile Rehabilitation Services Medicaid Matching Fund. 12 Deposits to this Fund shall consist of all moneys received 13 from the federal government for behavioral health services 14 secured by counties under the Medicaid Rehabilitation Option 15 pursuant to Title XIX of the Social Security Act or under the 16 Children's Health Insurance Program pursuant to the 17 Children's Health Insurance Program Act and Title XXI of the 18 Social Security Act for minors who are committed to mental 19 health facilities by the Illinois court system and for 20 residential placements secured by the Department of 21 Corrections for minors as a condition of their parole. 22 Disbursements from the Fund shall be made, subject to 23 appropriation, by the Illinois Departmentof Public Aidfor 24 grants to the Department of Corrections and those counties 25 which secure behavioral health services ordered by the courts 26 and which have an interagency agreement with the Department 27 and submit detailed bills according to standards determined 28 by the Department. 29 (Source: P.A. 90-587, eff. 7-1-98; 91-266, eff. 7-23-99; 30 91-712, eff. 7-1-00.) 31 (305 ILCS 5/12-13.1) 32 Sec. 12-13.1. Inspector General. -458- LRB9206615WHmb 1 (a) (Blank).The Governor shall appoint, and the Senate2shall confirm, an Inspector General who shall function within3the Illinois Department of Public Aid and report to the4Governor. The term of the Inspector General shall expire on5the third Monday of January, 1997 and every 4 years6thereafter.7 (b) In order to prevent, detect, and eliminate fraud, 8 waste, abuse, mismanagement, and misconduct, the Inspector 9 General shall oversee the Illinois Department'sDepartment of10Public Aid'sintegrity functions, which include, but are not 11 limited to, the following: 12 (1) Investigation of misconduct by employees, 13 vendors, contractors and medical providers. 14 (2) Audits of medical providers related to ensuring 15 that appropriate payments are made for services rendered 16 and to the recovery of overpayments. 17 (3) Monitoring of quality assurance programs 18 generally related to the medical assistance program and 19 specifically related to any managed care program. 20 (4) Quality control measurements of the programs 21 administered by the Illinois Departmentof Public Aid. 22 (5) Investigations of fraud or intentional program 23 violations committed by clients of the Illinois 24 Departmentof Public Aid. 25 (6) Actions initiated against contractors or 26 medical providers for any of the following reasons: 27 (A) Violations of the medical assistance 28 program. 29 (B) Sanctions against providers brought in 30 conjunction with the Department of Public Health or 31 the Department of Human Services (as successor to 32 the Department of Mental Health and Developmental 33 Disabilities). 34 (C) Recoveries of assessments against -459- LRB9206615WHmb 1 hospitals and long-term care facilities. 2 (D) Sanctions mandated by the United States 3 Department of Health and Human Services against 4 medical providers. 5 (E) Violations of contracts related to any 6 managed care programs. 7 (7) Representation of the Illinois Departmentof8Public Aidat hearings with the Illinois Department of 9 Professional Regulation in actions taken against 10 professional licenses held by persons who are in 11 violation of orders for child support payments. 12 (b-5) (Blank).At the request of the Secretary of Human13Services, the Inspector General shall, in relation to any14function performed by the Department of Human Services as15successor to the Department of Public Aid, exercise one or16more of the powers provided under this Section as if those17powers related to the Department of Human Services; in such18matters, the Inspector General shall report his or her19findings to the Secretary of Human Services.20 (c) The Inspector General shall have access to all 21 information, personnel and facilities of the Illinois 22 Department, itsof Public Aid and the Department of Human23Services (as successor to the Department of Public Aid),24theiremployees, vendors, contractors and medical providers 25 and any federal, State or local governmental agency that are 26 necessary to perform the duties of the Office as directly 27 related to public assistance programs administered by it 28those departments. No medical provider shall be compelled, 29 however, to provide individual medical records of patients 30 who are not clients of the Medical Assistance Program. State 31 and local governmental agencies are authorized and directed 32 to provide the requested information, assistance or 33 cooperation. 34 (d) The Inspector General shall serve as the Illinois -460- LRB9206615WHmb 1 Department'sDepartment of Public Aid'sprimary liaison with 2 law enforcement, investigatory and prosecutorial agencies, 3 including but not limited to the following: 4 (1) The Department of State Police. 5 (2) The Federal Bureau of Investigation and other 6 federal law enforcement agencies. 7 (3) The various Inspectors General of federal 8 agencies overseeing the programs administered by the 9 Illinois Departmentof Public Aid. 10 (4) The various Inspectors General of any other 11 State agencies with responsibilities for portions of 12 programs primarily administered by the Illinois 13 Departmentof Public Aid. 14 (5) The Offices of the several United States 15 Attorneys in Illinois. 16 (6) The several State's Attorneys. 17 The Inspector General shall meet on a regular basis with 18 these entities to share information regarding possible 19 misconduct by any persons or entities involved with the 20 public aid programs administered by the Illinois Department 21of Public Aid. 22 (e) All investigations conducted by the Inspector 23 General shall be conducted in a manner that ensures the 24 preservation of evidence for use in criminal prosecutions. 25 If the Inspector General determines that a possible criminal 26 act relating to fraud in the provision or administration of 27 the medical assistance program has been committed, the 28 Inspector General shall immediately notify the Medicaid Fraud 29 Control Unit. If the Inspector General determines that a 30 possible criminal act has been committed within the 31 jurisdiction of the Office, the Inspector General may request 32 the special expertise of the Department of State Police. The 33 Inspector General may present for prosecution the findings of 34 any criminal investigation to the Office of the Attorney -461- LRB9206615WHmb 1 General, the Offices of the several United State Attorneys in 2 Illinois or the several State's Attorneys. 3 (f) To carry out his or her duties as described in this 4 Section, the Inspector General and his or her designees shall 5 have the power to compel by subpoena the attendance and 6 testimony of witnesses and the production of books, 7 electronic records and papers as directly related to public 8 assistance programs administered by the Illinois Department 9of Public Aid or the Department of Human Services (as10successor to the Department of Public Aid). No medical 11 provider shall be compelled, however, to provide individual 12 medical records of patients who are not clients of the 13 Medical Assistance Program. 14 (g) The Inspector General shall report all convictions, 15 terminations, and suspensions taken against vendors, 16 contractors and medical providers to the Illinois Department 17of Public Aidand to any agency responsible for licensing or 18 regulating those persons or entities. 19 (h) The Inspector General shall make annual reports, 20 findings, and recommendations regarding the Office's 21 investigations into reports of fraud, waste, abuse, 22 mismanagement, or misconduct relating to any public aid 23 programs administered by the Illinois Departmentof Public24Aid or the Department of Human Services (as successor to the25Department of Public Aid)to the General Assembly and the 26 Governor. These reports shall include, but not be limited 27 to, the following information: 28 (1) Aggregate provider billing and payment 29 information, including the number of providers at various 30 Medicaid earning levels. 31 (2) The number of audits of the medical assistance 32 program and the dollar savings resulting from those 33 audits. 34 (3) The number of prescriptions rejected annually -462- LRB9206615WHmb 1 under the Illinois Department'sDepartment of Public2Aid'sRefill Too Soon program and the dollar savings 3 resulting from that program. 4 (4) Provider sanctions, in the aggregate, including 5 terminations and suspensions. 6 (5) A detailed summary of the investigations 7 undertaken in the previous fiscal year. These summaries 8 shall comply with all laws and rules regarding 9 maintaining confidentiality in the public aid programs. 10 (i) Nothing in this Section shall limit investigations 11 by the Illinois Departmentof Public Aid or the Department of12Human Servicesthat may otherwise be required by law or that 13 may be necessary in their capacity as the central 14 administrative authorities responsible for administration of 15 public aid programs in this State. 16 (Source: P.A. 89-507, eff. 7-1-97; 90-725, eff. 8-7-98.) 17 (305 ILCS 5/12-16) (from Ch. 23, par. 12-16) 18 Sec. 12-16. Public Aid Claims Enforcement Division of 19 Office of Attorney General. The Public Aid Claims 20 Enforcement Division in the Office of the Attorney General, 21 established pursuant to the 1949 Code, shall institute in 22 behalf of the State all court actions referred to it by the 23 Illinois Departmentof Public Aid or the Department of Human24Services (as successor to the Illinois Department of Public25Aid)under this Code and other laws for the recovery of 26 financial aid provided under the public aid programs, the 27 enforcement of obligations of support, and the enforcement of 28 other claims, penalties and obligations. 29 The Division shall be staffed with attorneys appointed by 30 the Attorney General as Special Assistant Attorneys' General 31 whose special duty it shall be to execute the aforesaid 32 duties. The Assistant Attorneys' General shall be assigned 33 exclusively to such duties. They may engage only in such -463- LRB9206615WHmb 1 political activities as are not prohibited by the Hatch 2 Political Activity Act, Title 5, U.S.C.A., Sections 118i et 3 seq. 4 The Attorney General may request the appropriate State's 5 Attorney of a county or staff of the Child and Spouse Support 6 Unit established under Section 10-3.1 of this Code to 7 institute any such action in behalf of the State or to assist 8 the Attorney General in the prosecution of actions instituted 9 by his Office. 10 (Source: P.A. 89-507, eff. 7-1-97.) 11 (305 ILCS 5/12-20) (from Ch. 23, par. 12-20) 12 Sec. 12-20. Public policy-Service 13 areas-Supervision-Expenses-Function of welfare services 14 committees. 15 It is the policy of this State to encourage and make 16 maximum use of volunteers to assist caseworkers and other 17 staff of the County Departments and, where feasible and 18 desirable, to assist staff of the Illinois Department, in 19 order that the work of the regular staffs of the County and 20 Illinois Departments may be effectively complemented and 21 supplemented by the vast potential for auxiliary help 22 available within the private sector of society. 23 Volunteers may be assigned to assist caseworkers and 24 other staff members of the County Departments and the 25 Illinois Department in discharging their responsibilities for 26 administering public aid. Such areas of service within the 27 County Departments may include: 28 1. Helping recipients to utilize facilities and services 29 which will help them become self-supporting and improve their 30 capacity to provide themselves with a standard of living 31 compatible with health and well-being. 32 2. Aiding in the determination of need for public aid, 33 initially upon an applicant's request for aid, and -464- LRB9206615WHmb 1 continuously thereafter so long as aid is received. 2 3. Aiding in gathering information as to whether 3 responsible relatives of applicants or recipients are able to 4 provide support. 5 4. Aiding in the assembling of information pertaining to 6 home conditions which may require the filing of a child 7 neglect petition in the Juvenile Court. 8 5. Aiding in the determination of fraud. 9 6. Aiding in such other ways as shall be set forth by 10 the Illinois Department in its rules and regulations from 11 time to time. 12 Volunteers assigned to duties within a County Department 13 shall be deemed employees of the County Department and shall 14 be under the supervision of the Superintendent or Director of 15 the Department. Volunteers assigned to duties on the staff of 16 the Illinois Department shall be deemed employees of that 17 Department and shall be under the supervision of the 18 SecretaryDirector of Public Aidor his designated 19 representative. The activities and assignments of all 20 volunteers, whether assigned to a County Department or to the 21 Illinois Department, shall be subject to the rules and 22 regulations of the Illinois Department. 23 Volunteers shall serve without compensation but shall, 24 upon application for the same, be entitled to mileage and 25 other incidental expenses incurred in the fulfillment of 26 their responsibilities. 27 Each County Welfare Services Committee, subject to the 28 supervision of and in cooperation with the County Department 29 and the Illinois Department, shall establish and maintain a 30 program for the recruitment and utilization of volunteers. 31 The acceptance of any recruited volunteer shall be determined 32 in accordance with the rules and regulations of the Illinois 33 Department. The Committee shall continuously review the rules 34 pertaining to the use of volunteers and shall make such -465- LRB9206615WHmb 1 recommendations as it deems desirable for revision in such 2 rules or for revision in the provisions of this Section. 3 (Source: Laws 1967, p. 122.) 4 (305 ILCS 5/14-7) (from Ch. 23, par. 14-7) 5 Sec. 14-7. Penalties. 6 (a) Any hospital that fails to pay the fee when due or 7 pays less than the full amount due, shall be assessed a 8 penalty of 10% of the delinquency or deficiency for each 9 month, or any fraction thereof, computed on the full amount 10 of the delinquency or deficiency, from the time the fee was 11 due. 12 (b) In addition, the Illinois Department may take action 13 to notify the Office of the Comptroller to collect any amount 14 of monies owed under this Article XIV, pursuant to Section 15 10.05 of the State Comptroller Act, or may suspend payments 16 to, or cancel or refuse to issue, extend, or reinstate a 17 Provider Agreement to, any hospital which has failed to pay 18 any delinquent fee or penalty. 19 (c) The SecretaryDirectorof the Illinois Department is 20 authorized to establish delayed payment schedules for 21 facilities that are unable to make timely payments under this 22 subsection due to financial difficulties. The delayed 23 payments shall include interest at a rate not to exceed the 24 State of Illinois borrowing rate. The interest may be waived 25 by the SecretaryDirectorfor good cause shown. 26 (Source: P.A. 87-13.) 27 Section 340. The Medicaid Revenue Act is amended by 28 changing Section 1-2 as follows: 29 (305 ILCS 35/1-2) (from Ch. 23, par. 7051-2) 30 Sec. 1-2. Legislative finding and declaration. The 31 General Assembly hereby finds, determines, and declares: -466- LRB9206615WHmb 1 (1) It is in the public interest and it is the public 2 policy of this State to provide for and improve the basic 3 medical care and long-term health care services of its 4 indigent, most vulnerable citizens. 5 (2) Preservation of health, alleviation of sickness, and 6 correction of handicapping conditions for persons requiring 7 maintenance support are essential if those persons are to 8 have an opportunity to become self-supporting or to attain a 9 greater capacity for self-care. 10 (3) For persons who are medically indigent but otherwise 11 able to provide themselves a livelihood, it is of special 12 importance to maintain their incentives for continued 13 independence and preserve their limited resources for 14 ordinary maintenance needed to prevent their total or 15 substantial dependence on public support. 16 (4) The State has historically provided for care and 17 services, in conjunction with the federal government, through 18 the establishment and funding of a medical assistance program 19 administered by the Department of Human ServicesPublic Aid20 and approved by the Secretary of Health and Human Services 21 under Title XIX of the federal Social Security Act, that 22 program being commonly referred to as "Medicaid". 23 (5) The Medicaid program is a funding partnership 24 between the State of Illinois and the federal government, 25 with the Department of Human ServicesPublic Aidbeing 26 designated as the single State agency responsible for the 27 administration of the program, but with the State 28 historically receiving 50% of the amounts expended as medical 29 assistance under the Medicaid program from the federal 30 government. 31 (6) To raise a portion of Illinois' share of the 32 Medicaid funds after July 1, 1991, the General Assembly 33 enacted Public Act 87-13 to provide for the collection of 34 provider participation fees from designated health care -467- LRB9206615WHmb 1 providers receiving Medicaid payments. 2 (7) On September 12, 1991, the Secretary of Health and 3 Human Services proposed regulations that could have reduced 4 the federal matching of Medicaid expenditures incurred on or 5 after January 1, 1992 by the portion of the expenditures paid 6 from funds raised through the provider participation fees. 7 (8) To prevent the Secretary from enacting those 8 regulations but at the same time to impose certain statutory 9 limitations on the means by which states may raise Medicaid 10 funds eligible for federal matching, Congress enacted the 11 Medicaid Voluntary Contribution and Provider-Specific Tax 12 Amendments of 1991, Public Law 102-234. 13 (9) Public Law 102-234 provides for a state's share of 14 Medicaid funding eligible for federal matching to be raised 15 through "broad-based health care related taxes", meaning, 16 generally, a tax imposed with respect to a class of health 17 care items or services (or providers thereof) specified 18 therein, which (i) is imposed on all items or services or 19 providers in the class in the state, except federal or public 20 providers, and (ii) is imposed uniformly on all providers in 21 the class at the same rate with respect to the same base. 22 (10) The separate classes of health care items and 23 services established by P.L. 102-234 include inpatient and 24 outpatient hospital services, nursing facility services, and 25 services of intermediate care facilities for the mentally 26 retarded. 27 (11) The provider participation fees imposed under P.A. 28 87-13 may not meet the standards under P.L. 102-234. 29 (12) The resulting hospital Medicaid reimbursement 30 reductions may force the closure of some hospitals now 31 serving a disproportionately high number of the needy, who 32 would then have to be cared for by remaining hospitals at 33 substantial cost to those remaining hospitals. 34 (13) The hospitals in the State are all part of and -468- LRB9206615WHmb 1 benefit from a hospital system linked together in a number of 2 ways, including common licensing and regulation, health care 3 standards, education, research and disease control reporting, 4 patient transfers for specialist care, and organ donor 5 networks. 6 (14) Each hospital's patient population demographics, 7 including the proportion of patients whose care is paid by 8 Medicaid, is subject to change over time. 9 (15) Hospitals in the State have a special interest in 10 the payment of adequate reimbursement levels for hospital 11 care by Medicaid. 12 (16) Most hospitals are exempt from payment of most 13 federal, State, and local income, sales, property, and other 14 taxes. 15 (17) The hospital assessment enacted by this Act under 16 the guidelines of P.L. 102-234 is the most efficient means of 17 raising the federally matchable funds needed for hospital 18 care reimbursement. 19 (18) Cook County Hospital and Oak Forest Hospital are 20 public hospitals owned and operated by Cook County with 21 unique fiscal problems, including a patient population that 22 is primarily Medicaid or altogether nonpaying, that make an 23 intergovernmental transfer payment arrangement a more 24 appropriate means of financing than the regular hospital 25 assessment and reimbursement provisions. 26 (19) Sole community hospitals provide access to 27 essential care that would otherwise not be reasonably 28 available in the community they serve, such that imposition 29 of assessments on them in their precarious financial 30 circumstances may force their closure and have the effect of 31 reducing access to health care. 32 (20) Each nursing home's resident population 33 demographics, including the proportion of residents whose 34 care is paid by Medicaid, is subject to change over time in -469- LRB9206615WHmb 1 that, among other things, residents currently able to pay the 2 cost of nursing home care may become dependent on Medicaid 3 support for continued care and services as resources are 4 depleted. 5 (21) As the citizens of the State age, increased 6 pressures will be placed on limited facilities to provide 7 reasonable levels of care for a greater number of geriatric 8 residents, and all involved in the nursing home industry, 9 providers and residents, have a special interest in the 10 maintenance of adequate Medicaid support for all nursing 11 facilities. 12 (22) The assessments on nursing homes enacted by this 13 Act under the guidelines of P.L. 102-234 are the most 14 efficient means of raising the federally matchable funds 15 needed for nursing home care reimbursement. 16 (23) All intermediate care facilities for persons with 17 developmental disabilities receive a high degree of Medicaid 18 support and benefits and therefore have a special interest in 19 the maintenance of adequate Medicaid support. 20 (24) The assessments on intermediate care facilities for 21 persons with developmental disabilities enacted by this Act 22 under the guidelines of P.L. 102-234 are the most efficient 23 means of raising the federally matchable funds needed for 24 reimbursement of providers of intermediate care for persons 25 with developmental disabilities. 26 (Source: P.A. 87-861; 88-380.) 27 Section 341. The Nursing Home Grant Assistance Act is 28 amended by changing Section 20 as follows: 29 (305 ILCS 40/20) (from Ch. 23, par. 7100-20) 30 Sec. 20. Nursing Home Grant Assistance Fund. 31 (a) There is created in the State Treasury the Nursing 32 Home Grant Assistance Fund. Interest earned on the Fund -470- LRB9206615WHmb 1 shall be credited to the Fund. 2 (b) The Fund is created for the purpose of receiving 3 moneys in accordance with Section 15, Section 30 and Section 4 35 of this Act, and disbursing monies for payment of: 5 (1) grants to eligible individuals under this Act; 6 (2) administrative expenses incurred by the 7 Department in performing the activities authorized by 8 this Act; 9 (3) refunds to distribution agents as provided for 10 under this Act; and 11 (4) transfers to the General Revenue Fund of any 12 amounts of Nursing Home Grant Assistance payments 13 returned to the Department by distribution agents. 14 The Department shall deposit all moneys received under 15 this Act in the Nursing Home Grant Assistance Fund. 16 The Department, subject to appropriation, may use up to 17 2.5% of the moneys received under this Act for the costs of 18 administering and enforcing the program. 19 (c) Within 30 days after the end of the quarterly period 20 in which the distribution agent is required to file the 21 certification and make the payment required by this Act, and 22 after verification with the Illinois Department of Human 23 ServicesPublic Aidof the licensing status of the 24 distribution agent, the Director shall order the payment to 25 be made from appropriations made for the purposes of this 26 Act. 27 (d) Disbursements from this Fund shall be by warrants 28 drawn by the State Comptroller upon receipt of vouchers duly 29 executed and certified by the Department. The Department 30 shall prepare and certify to the State Comptroller the 31 disbursement of the grants to qualified distributing agents 32 for payment to the eligible individuals certified to the 33 Department by the qualified distributing agents. 34 The amount to be paid per calendar quarter to a qualified -471- LRB9206615WHmb 1 distribution agent shall not exceed, for each eligible 2 individual, $500 multiplied by a fraction equal to the number 3 of days that the eligible individual's nursing home care was 4 not paid for, in whole or in part, by a federal, State, or 5 combined federal-State medical care program, divided by the 6 number of calendar days in the quarter. Any amount the 7 qualified distribution agent owes to the Department under 8 Section 30 shall be deducted from the amount of the payment 9 to the qualified distribution agent. 10 If the amount appropriated or available in the Fund is 11 insufficient to meet all or part of any quarterly payment 12 certification, the payment certified to each qualified 13 distributing agent shall be uniformly reduced by an amount 14 which will permit a payment to be made to each qualified 15 distributing agent. Within 10 days after receipt by the 16 State Comptroller of the disbursement certification to the 17 qualified distributing agents, the State Comptroller shall 18 cause the warrants to be drawn for the respective amounts in 19 accordance with the directions contained in that 20 certification. 21 (e) Notwithstanding any other provision of this Act, as 22 soon as is practicable after the effective date of this 23 amendatory Act of 1994, the Department shall order that 24 payments be made, subject to appropriation, to the 25 appropriate distribution agents for grants to persons who 26 were eligible individuals during the fourth quarter of fiscal 27 year 1993 to the extent that those individuals did not 28 receive a grant for that quarter or the fourth quarter of 29 fiscal year 1992. An eligible individual, or a person acting 30 on behalf of an eligible individual, must apply on or before 31 December 31, 1994 for a grant under this subsection (e). The 32 amount to be paid to each distribution agent under this 33 subsection shall be calculated as provided in subsection (d). 34 Distribution agents shall distribute the grants to eligible -472- LRB9206615WHmb 1 individuals as required in Section 30. For the purpose of 2 determining grants under this subsection (e), a nursing home 3 that is a distribution agent under this Act shall file with 4 the Department, on or before September 30, 1994, a 5 certification disclosing the information required under 6 Section 15 with respect to the fourth quarter of fiscal year 7 1993. 8 (Source: P.A. 91-357, eff. 7-29-99.) 9 Section 345. The Elder Abuse and Neglect Act is amended 10 by changing Sections 2 and 3.5 as follows: 11 (320 ILCS 20/2) (from Ch. 23, par. 6602) 12 Sec. 2. Definitions. As used in this Act, unless the 13 context requires otherwise: 14 (a) "Abuse" means causing any physical, mental or sexual 15 injury to an eligible adult, including exploitation of such 16 adult's financial resources. 17 Nothing in this Act shall be construed to mean that an 18 eligible adult is a victim of abuse or neglect for the sole 19 reason that he or she is being furnished with or relies upon 20 treatment by spiritual means through prayer alone, in 21 accordance with the tenets and practices of a recognized 22 church or religious denomination. 23 Nothing in this Act shall be construed to mean that an 24 eligible adult is a victim of abuse because of health care 25 services provided or not provided by licensed health care 26 professionals. 27 (a-5) "Abuser" means a person who abuses, neglects, or 28 financially exploits an eligible adult. 29 (a-7) "Caregiver" means a person who either as a result 30 of a family relationship, voluntarily, or in exchange for 31 compensation has assumed responsibility for all or a portion 32 of the care of an eligible adult who needs assistance with -473- LRB9206615WHmb 1 activities of daily living. 2 (b) "Department" means the Department on Aging of the 3 State of Illinois. 4 (c) "Director" means the Director of the Department. 5 (d) "Domestic living situation" means a residence where 6 the eligible adult lives alone or with his or her family or a 7 caregiver, or others, or a board and care home or other 8 community-based unlicensed facility, but is not: 9 (1) A licensed facility as defined in Section 1-113 10 of the Nursing Home Care Act; 11 (2) A "life care facility" as defined in the Life 12 Care Facilities Act; 13 (3) A home, institution, or other place operated by 14 the federal government or agency thereof or by the State 15 of Illinois; 16 (4) A hospital, sanitarium, or other institution, 17 the principal activity or business of which is the 18 diagnosis, care, and treatment of human illness through 19 the maintenance and operation of organized facilities 20 therefor, which is required to be licensed under the 21 Hospital Licensing Act; 22 (5) A "community living facility" as defined in the 23 Community Living Facilities Licensing Act; 24 (6) A "community residential alternative" as 25 defined in the Community Residential Alternatives 26 Licensing Act; and 27 (7) A "community-integrated living arrangement" as 28 defined in the Community-Integrated Living Arrangements 29 Licensure and Certification Act. 30 (e) "Eligible adult" means a person 60 years of age or 31 older who resides in a domestic living situation and is, or 32 is alleged to be, abused, neglected, or financially exploited 33 by another individual. 34 (f) "Emergency" means a situation in which an eligible -474- LRB9206615WHmb 1 adult is living in conditions presenting a risk of death or 2 physical, mental or sexual injury and the provider agency has 3 reason to believe the eligible adult is unable to consent to 4 services which would alleviate that risk. 5 (f-5) "Mandated reporter" means any of the following 6 persons while engaged in carrying out their professional 7 duties: 8 (1) a professional or professional's delegate while 9 engaged in: (i) social services, (ii) law enforcement, 10 (iii) education, (iv) the care of an eligible adult or 11 eligible adults, or (v) any of the occupations required 12 to be licensed under the Clinical Psychologist Licensing 13 Act, the Clinical Social Work and Social Work Practice 14 Act, the Illinois Dental Practice Act, the Dietetic and 15 Nutrition Services Practice Act, the Marriage and Family 16 Therapy Licensing Act, the Medical Practice Act of 1987, 17 the Naprapathic Practice Act, the Nursing and Advanced 18 Practice Nursing Act, the Nursing Home Administrators 19 Licensing and Disciplinary Act, the Illinois 20 Occupational Therapy Practice Act, the Illinois 21 Optometric Practice Act of 1987, the Pharmacy Practice 22 Act of 1987, the Illinois Physical Therapy Act, the 23 Physician Assistant Practice Act of 1987, the Podiatric 24 Medical Practice Act of 1987, the Respiratory Care 25 Practice Act, the Professional Counselor and Clinical 26 Professional Counselor Licensing Act, the Illinois 27 Speech-Language Pathology and Audiology Practice Act, the 28 Veterinary Medicine and Surgery Practice Act of 1994, and 29 the Illinois Public Accounting Act; 30 (2) an employee of a vocational rehabilitation 31 facility prescribed or supervised by the Department of 32 Human Services; 33 (3) an administrator, employee, or person providing 34 services in or through an unlicensed community based -475- LRB9206615WHmb 1 facility; 2 (4) a Christian Science Practitioner; 3 (5) field personnel of theDepartment of Public4Aid,Department of Public Health,and Department of Human 5 Services, and any county or municipal health department; 6 (6) personnel of the Department of Human Services, 7 the Guardianship and Advocacy Commission, the State Fire 8 Marshal, local fire departments, the Department on Aging 9 and its subsidiary Area Agencies on Aging and provider 10 agencies, and the Office of State Long Term Care 11 Ombudsman; 12 (7) any employee of the State of Illinois not 13 otherwise specified herein who is involved in providing 14 services to eligible adults, including professionals 15 providing medical or rehabilitation services and all 16 other persons having direct contact with eligible adults; 17 or 18 (8) a person who performs the duties of a coroner 19 or medical examiner. 20 (g) "Neglect" means another individual's failure to 21 provide an eligible adult with or willful withholding from an 22 eligible adult the necessities of life including, but not 23 limited to, food, clothing, shelter or medical care. This 24 subsection does not create any new affirmative duty to 25 provide support to eligible adults. Nothing in this Act 26 shall be construed to mean that an eligible adult is a victim 27 of neglect because of health care services provided or not 28 provided by licensed health care professionals. 29 (h) "Provider agency" means any public or nonprofit 30 agency in a planning and service area appointed by the 31 regional administrative agency with prior approval by the 32 Department on Aging to receive and assess reports of alleged 33 or suspected abuse, neglect, or financial exploitation. 34 (i) "Regional administrative agency" means any public or -476- LRB9206615WHmb 1 nonprofit agency in a planning and service area so designated 2 by the Department, provided that the designated Area Agency 3 on Aging shall be designated the regional administrative 4 agency if it so requests. The Department shall assume the 5 functions of the regional administrative agency for any 6 planning and service area where another agency is not so 7 designated. 8 (j) "Substantiated case" means a reported case of 9 alleged or suspected abuse, neglect, or financial 10 exploitation in which a provider agency, after assessment, 11 determines that there is reason to believe abuse, neglect, or 12 financial exploitation has occurred. 13 (Source: P.A. 90-628, eff. 1-1-99; 91-259, eff. 1-1-00; 14 91-357, eff. 7-29-99; 91-533, eff. 8-13-99; revised 8-30-99.) 15 (320 ILCS 20/3.5) 16 Sec. 3.5. Other Responsibilities. The Department shall 17 also be responsible for the following activities, contingent 18 upon adequate funding: 19 (a) promotion of a wide range of endeavors for the 20 purpose of preventing elder abuse, neglect, and financial 21 exploitation in both domestic and institutional settings, 22 including, but not limited to, promotion of public and 23 professional education to increase awareness of elder abuse, 24 neglect, and financial exploitation, to increase reports, and 25 to improve response by various legal, financial, social, and 26 health systems; 27 (b) coordination of efforts with other agencies, 28 councils, and like entities, to include but not be limited 29 to, the Office of the Attorney General, the State Police, the 30 Illinois Law Enforcement TrainingandStandards Board, the 31 State Triad, the Criminal Justice Information Authority, the 32 Departments of Public Health, Public Aid,and Human Services, 33 the Family Violence Coordinating Council, the Violence -477- LRB9206615WHmb 1 Prevention Authority, and other entities which may impact 2 awareness of, and response to, elder abuse, neglect, and 3 financial exploitation; 4 (c) collection and analysis of data; 5 (d) monitoring of the performance of regional 6 administrative agencies and elder abuse provider agencies; 7 and 8 (e) promotion of prevention activities. 9 (Source: P.A. 90-628, eff. 1-1-99; revised 2-23-00.) 10 Section 347. The Senior Citizens and Disabled Persons 11 Property Tax Relief and Pharmaceutical Assistance Act is 12 amended by changing Section 4 as follows: 13 (320 ILCS 25/4) (from Ch. 67 1/2, par. 404) 14 Sec. 4. Amount of Grant. 15 (a) In general. Any individual 65 years or older or any 16 individual who will become 65 years old during the calendar 17 year in which a claim is filed, and any surviving spouse of 18 such a claimant, who at the time of death received or was 19 entitled to receive a grant pursuant to this Section, which 20 surviving spouse will become 65 years of age within the 24 21 months immediately following the death of such claimant and 22 which surviving spouse but for his or her age is otherwise 23 qualified to receive a grant pursuant to this Section, and 24 any disabled person whose annual household income is less 25 than $14,000 for grant years before the 1998 grant year, less 26 than $16,000 for the 1998 and 1999 grant years, and less than 27 (i) $21,218 for a household containing one person, (ii) 28 $28,480 for a household containing 2 persons, or (iii) 29 $35,740 for a household containing 3 or more persons for the 30 2000 grant year and thereafter and whose household is liable 31 for payment of property taxes accrued or has paid rent 32 constituting property taxes accrued and is domiciled in this -478- LRB9206615WHmb 1 State at the time he files his claim is entitled to claim a 2 grant under this Act. With respect to claims filed by 3 individuals who will become 65 years old during the calendar 4 year in which a claim is filed, the amount of any grant to 5 which that household is entitled shall be an amount equal to 6 1/12 of the amount to which the claimant would otherwise be 7 entitled as provided in this Section, multiplied by the 8 number of months in which the claimant was 65 in the calendar 9 year in which the claim is filed. 10 (b) Limitation. Except as otherwise provided in 11 subsections (a) and (f) of this Section, the maximum amount 12 of grant which a claimant is entitled to claim is the amount 13 by which the property taxes accrued which were paid or 14 payable during the last preceding tax year or rent 15 constituting property taxes accrued upon the claimant's 16 residence for the last preceding taxable year exceeds 3 1/2% 17 of the claimant's household income for that year but in no 18 event is the grant to exceed (i) $700 less 4.5% of household 19 income for that year for those with a household income of 20 $14,000 or less or (ii) $70 if household income for that year 21 is more than $14,000. 22 (c) Public aid recipients. If household income in one 23 or more months during a year includes cash assistance in 24 excess of $55 per month from the Department ofPublic Aid or25the Department ofHuman Services(acting as successor to the26Department of Public Aid under the Department of Human27Services Act)which was determined under regulations of that 28 Department on a measure of need that included an allowance 29 for actual rent or property taxes paid by the recipient of 30 that assistance, the amount of grant to which that household 31 is entitled, except as otherwise provided in subsection (a), 32 shall be the product of (1) the maximum amount computed as 33 specified in subsection (b) of this Section and (2) the ratio 34 of the number of months in which household income did not -479- LRB9206615WHmb 1 include such cash assistance over $55 to the number twelve. 2 If household income did not include such cash assistance over 3 $55 for any months during the year, the amount of the grant 4 to which the household is entitled shall be the maximum 5 amount computed as specified in subsection (b) of this 6 Section. For purposes of this paragraph (c), "cash 7 assistance" does not include any amount received under the 8 federal Supplemental Security Income (SSI) program. 9 (d) Joint ownership. If title to the residence is held 10 jointly by the claimant with a person who is not a member of 11 his household, the amount of property taxes accrued used in 12 computing the amount of grant to which he is entitled shall 13 be the same percentage of property taxes accrued as is the 14 percentage of ownership held by the claimant in the 15 residence. 16 (e) More than one residence. If a claimant has occupied 17 more than one residence in the taxable year, he may claim 18 only one residence for any part of a month. In the case of 19 property taxes accrued, he shall pro rate 1/12 of the total 20 property taxes accrued on his residence to each month that he 21 owned and occupied that residence; and, in the case of rent 22 constituting property taxes accrued, shall pro rate each 23 month's rent payments to the residence actually occupied 24 during that month. 25 (f) There is hereby established a program of 26 pharmaceutical assistance to the aged and disabled which 27 shall be administered by the Department in accordance with 28 this Act, to consist of payments to authorized pharmacies, on 29 behalf of beneficiaries of the program, for the reasonable 30 costs of covered prescription drugs. Each beneficiary who 31 pays $5 for an identification card shall pay no additional 32 prescription costs. Each beneficiary who pays $25 for an 33 identification card shall pay $3 per prescription. In 34 addition, after a beneficiary receives $2,000 in benefits -480- LRB9206615WHmb 1 during a State fiscal year, that beneficiary shall also be 2 charged 20% of the cost of each prescription for which 3 payments are made by the program during the remainder of the 4 fiscal year. To become a beneficiary under this program a 5 person must be: (1) (i) 65 years or older, or (ii) the 6 surviving spouse of such a claimant, who at the time of death 7 received or was entitled to receive benefits pursuant to this 8 subsection, which surviving spouse will become 65 years of 9 age within the 24 months immediately following the death of 10 such claimant and which surviving spouse but for his or her 11 age is otherwise qualified to receive benefits pursuant to 12 this subsection, or (iii) disabled, and (2) is domiciled in 13 this State at the time he files his or her claim, and (3) has 14 a maximum household income of less than $14,000 for grant 15 years before the 1998 grant year, less than $16,000 for the 16 1998 and 1999 grant years, and less than (i) $21,218 for a 17 household containing one person, (ii) $28,480 for a household 18 containing 2 persons, or (iii) $35,740 for a household 19 containing 3 more persons for the 2000 grant year and 20 thereafter. In addition, each eligible person must (1) obtain 21 an identification card from the Department, (2) at the time 22 the card is obtained, sign a statement assigning to the State 23 of Illinois benefits which may be otherwise claimed under any 24 private insurance plans, (3) present the identification card 25 to the dispensing pharmacist. 26 Whenever a generic equivalent for a covered prescription 27 drug is available, the Department shall reimburse only for 28 the reasonable costs of the generic equivalent, less the 29 co-pay established in this Section, unless (i) the covered 30 prescription drug contains one or more ingredients defined as 31 a narrow therapeutic index drug at 21 CFR 320.33, (ii) the 32 prescriber indicates on the face of the prescription "brand 33 medically necessary", and (iii) the prescriber specifies that 34 a substitution is not permitted. When issuing an oral -481- LRB9206615WHmb 1 prescription for covered prescription medication described in 2 item (i) of this paragraph, the prescriber shall stipulate 3 "brand medically necessary" and that a substitution is not 4 permitted. If the covered prescription drug and its 5 authorizing prescription do not meet the criteria listed 6 above, the beneficiary may purchase the non-generic 7 equivalent of the covered prescription drug by paying the 8 difference between the generic cost and the non-generic cost 9 plus the beneficiary co-pay. 10 Any person otherwise eligible for pharmaceutical 11 assistance under this Act whose covered drugs are covered by 12 any public program for assistance in purchasing any covered 13 prescription drugs shall be ineligible for assistance under 14 this Act to the extent such costs are covered by such other 15 plan. 16 The fee to be charged by the Department for the 17 identification card shall be equal to $5 for persons below 18 the official poverty line as defined by the United States 19 Department of Health and Human Services and $25 for all other 20 persons. 21 In the event that 2 or more persons are eligible for any 22 benefit under this Act, and are members of the same 23 household, (1) each such person shall be entitled to 24 participate in the pharmaceutical assistance program, 25 provided that he or she meets all other requirements imposed 26 by this subsection and (2) each participating household 27 member contributes the fee required for that person by the 28 preceding paragraph for the purpose of obtaining an 29 identification card. 30 (Source: P.A. 90-650, eff. 7-27-98; 91-357, eff. 7-29-99; 31 91-699, eff. 1-1-01.) 32 Section 350. The Partnership for Long-Term Care Act is 33 amended by changing Sections 15, 20, 25, 50, and 60 as -482- LRB9206615WHmb 1 follows: 2 (320 ILCS 35/15) (from Ch. 23, par. 6801-15) 3 Sec. 15. Program. 4 (a) The Department on Aging, in cooperation with the 5 Department of Insurance, and the Department of Human Services 6Public Aid, shall administer the program. 7 (b) The Departments shall seek any federal waivers and 8 approvals necessary to accomplish the purposes of this Act. 9 (Source: P.A. 88-328; 89-525, eff. 7-19-96.) 10 (320 ILCS 35/20) (from Ch. 23, par. 6801-20) 11 Sec. 20. Program participant eligibility for Medicaid. 12 (a) Individuals who participate in the program and have 13 resources above the eligibility levels for receipt of medical 14 assistance under Title XIX of the Social Security Act 15 (Subchapter XIX (commencing with Section 1396) of Chapter 7 16 of Title 42 of the United States Code) shall be eligible to 17 receive in-home supportive service benefits and Medicaid 18 benefits through the Department of Human ServicesPublic Aid19 if, before becoming eligible for benefits, they have 20 purchased a long-term care insurance policy covering 21 long-term care that has been certified by the Department of 22 Insurance under Section 30 of this Act. 23 (b) Individuals may purchase certified long-term care 24 insurance policies which cover long-term care services in 25 amounts equal to the resources they wish to protect. 26 (b-5) An individual may purchase a certified long-term 27 care insurance policy which protects an individual's total 28 assets. To be eligible for total asset protection, an amount 29 equal to the average cost of 4 years of long-term care 30 services in a nursing facility must be purchased. 31 (b-7) Although a resource has been protected by the 32 Partnership Policy, income is to be applied to the cost of -483- LRB9206615WHmb 1 care when the insured becomes Medicaid eligible. 2 (c) The resource protection provided by this Act shall 3 be effective only for long-term care policies which cover 4 long-term care services, that are delivered, issued for 5 delivery, or renewed on or after July 1, 1992. 6 (d) When an individual purchases a certified long-term 7 care insurance policy, the issuer must notify the purchaser 8 of the benefits of purchasing inflation protection for the 9 long-term care insurance policy. 10 (e) An insurance company may offer for sale a policy as 11 described in paragraph (b) of this Section or paragraph (b-5) 12 of this Section or both types of policies. 13 (Source: P.A. 89-507, eff. 7-1-97; 89-525, eff. 7-19-96; 14 90-14, eff. 7-1-97.) 15 (320 ILCS 35/25) (from Ch. 23, par. 6801-25) 16 Sec. 25. Protection of resources. 17 (a) Notwithstanding any other provision of law, the 18 resources, to the extent described in subsection (b), of an 19 individual who (i) purchases a certified long-term care 20 insurance policy which covers long-term care services and 21 (ii) has received all the benefit payments that are payable 22 under that policy or contract for items described in 23 subsection (b) shall not be considered in determining: 24 (1) Medicaid eligibility. 25 (2) The amount of any Medicaid payment. 26 (3) The amount of any subsequent recovery by the 27 State of payments made for medical services to the extent 28 federal law permits. 29 (4) Eligibility for in-home supportive services. 30 (5) The amount of any payment for in-home 31 supportive services. 32 (b) Benefit payments described in subsection (a) must be 33 for one or more of the following: -484- LRB9206615WHmb 1 (1) In-home supportive service benefits and 2 Medicaid long-term care services specified in regulations 3 by the Department of Human ServicesPublic Aid. 4 (2) Long-term care services delivered to insured 5 individuals in a community setting as part of an 6 individual assessment and case management program 7 provided by coordinating entities designated or approved 8 by the Department on Aging. 9 (3) Services the insured individual received while 10 meeting the disability criteria for eligibility for 11 long-term care benefits established by the Departments. 12 (Source: P.A. 89-525, eff. 7-19-96.) 13 (320 ILCS 35/50) (from Ch. 23, par. 6801-50) 14 Sec. 50. Task force. 15 (a) An executive and legislative advisory task force 16 shall be created to provide advice and assistance in 17 designing and implementing the Partnership for Long-term Care 18 Program. The task force shall be composed of representatives, 19 designated by the director of each of the following agencies 20 or departments: 21 (1) The Department on Aging. 22 (2) The Department of Human ServicesPublic Aid. 23 (3) (Blank). 24 (4) The Department of Insurance. 25 (5) The Department of Commerce and Community 26 Affairs. 27 (6) The Legislative Research Unit. 28 (b) The task force shall consult with persons 29 knowledgeable of and concerned with long-term care, 30 including, but not limited to the following: 31 (1) Consumers. 32 (2) Health care providers. 33 (3) Representatives of long-term care insurance -485- LRB9206615WHmb 1 companies and administrators of health care service plans 2 that cover long-term care services. 3 (4) Providers of long-term care. 4 (5) Private employers. 5 (6) Academic specialists in long-term care and 6 aging. 7 (7) Representatives of the public employees' and 8 teachers' retirement systems. 9 (c) The task force shall be established, and its members 10 designated, not later than March 1, 1993. The task force 11 shall make recommendations to the Department on Aging 12 concerning the policy components of the program on or before 13 September 1, 1993. 14 (Source: P.A. 89-507, eff. 7-1-97; 89-525, eff. 7-19-96; 15 90-14, eff. 7-1-97.) 16 (320 ILCS 35/60) (from Ch. 23, par. 6801-60) 17 Sec. 60. Administrative costs. 18 (a) The Department on Aging, in conjunction with the 19 Department of Human ServicesPublic Aid, the Department of 20 Insurance, and the Department of Commerce and Community 21 Affairs, shall submit applications for State or federal 22 grants or federal waivers, or funding from nationally 23 distributed private foundation grants, or insurance 24 reimbursements to be used to pay the administrative expenses 25 of implementation of the program. The Department on Aging, 26 in conjunction with those other departments, also shall seek 27 moneys from these same sources for the purpose of 28 implementing the program, including moneys appropriated for 29 that purpose. 30 (b) In implementing this Act, the Department on Aging 31 may negotiate contracts, on a nonbid basis, with long-term 32 care insurers, health care insurers, health care service 33 plans, or both, for the provision of coverage for long-term -486- LRB9206615WHmb 1 care services that will meet the certification requirements 2 set forth in Section 30 and the other requirements of this 3 Act. 4 (Source: P.A. 89-507, eff. 7-1-97; 89-525, eff. 7-19-96; 5 90-14, eff. 7-1-97.) 6 Section 355. The All-Inclusive Care for the Elderly Act 7 is amended by changing Sections 10, 15, and 30 as follows: 8 (320 ILCS 40/10) (from Ch. 23, par. 6910) 9 Sec. 10. Services for eligible persons. Within the 10 context of the PACE program established under this Act, the 11 Illinois Department of Human ServicesPublic Aidmay include 12 any or all of the services in Article 5 of the Illinois 13 Public Aid Code. 14 An eligible person may elect to receive services from the 15 PACE program. If such an election is made, the eligible 16 person shall not remain eligible for payment through the 17 regular Medicare or Medicaid program. All services and 18 programs provided through the PACE program shall be provided 19 in accordance with this Act. An eligible person may elect to 20 disenroll from the PACE program at any time. 21 For purposes of this Act, "eligible person" means a frail 22 elderly individual who voluntarily enrolls in the PACE 23 program, whose income and resources do not exceed limits 24 established by the Illinois Department of Human Services 25Public Aidand for whom a licensed physician certifies that 26 such a program provides an appropriate alternative to 27 institutionalized care. The term "frail elderly" means an 28 individual who meets functional eligibility requirements, as 29 established by the Illinois Department of Human Services 30Public Aidand the Department on Aging for nursing home care, 31 and who is 65 years of age or older. 32 (Source: P.A. 87-411.) -487- LRB9206615WHmb 1 (320 ILCS 40/15) (from Ch. 23, par. 6915) 2 Sec. 15. Program implementation. 3 (a) Upon receipt of federal waivers, the Illinois 4 Department of Human ServicesPublic Aidshall implement the 5 PACE program as a demonstration program to provide the 6 services set forth in Section 10 to eligible persons, as 7 defined in Section 10, for a period of 3 years. After the 3 8 year demonstration, the General Assembly shall reexamine the 9 PACE program and determine if the program should be 10 implemented on a permanent basis. 11 (b) Using a risk-based financing model, the nonprofit 12 organization providing the PACE program shall assume 13 responsibility for all costs generated by the PACE program 14 participants, and it shall create and maintain a risk reserve 15 fund that will cover any cost overages for any participant. 16 The PACE program is responsible for the entire range of 17 services in the consolidated service model, including 18 hospital and nursing home care, according to participant need 19 as determined by a multidisciplinary team. The nonprofit 20 organization providing the PACE program is responsible for 21 the full financial risk at the conclusion of the 22 demonstration period and when permanent waivers from the 23 federal Health Care Financing Administration are granted. 24 Specific arrangements of the risk-based financing model shall 25 be adopted and negotiated by the federal Health Care 26 Financing Administration, the nonprofit organization 27 providing the PACE program, and the Illinois Department. 28 (Source: P.A. 87-411.) 29 (320 ILCS 40/30) (from Ch. 23, par. 6930) 30 Sec. 30. Rate of payment. The General Assembly shall 31 make appropriations to the Illinois Department of Human 32 ServicesPublic Aidto fund services under this Act provided 33 at a monthly capitated rate. The Illinois Department shall -488- LRB9206615WHmb 1 annually renegotiate a monthly capitated rate for the 2 contracted services based on the 95% of the Medicaid 3 fee-for-service costs of an actuarially similar population. 4 (Source: P.A. 87-411.) 5 Section 360. The Abused and Neglected Child Reporting 6 Act is amended by changing Sections 4 and 7.20 as follows: 7 (325 ILCS 5/4) (from Ch. 23, par. 2054) 8 Sec. 4. Persons required to report; privileged 9 communications; transmitting false report. Any physician, 10 resident, intern, hospital, hospital administrator and 11 personnel engaged in examination, care and treatment of 12 persons, surgeon, dentist, dentist hygienist, osteopath, 13 chiropractor, podiatrist, physician assistant, substance 14 abuse treatment personnel, Christian Science practitioner, 15 funeral home director or employee, coroner, medical examiner, 16 emergency medical technician, acupuncturist, crisis line or 17 hotline personnel, school personnel, educational advocate 18 assigned to a child pursuant to the School Code, truant 19 officers, social worker, social services administrator, 20 domestic violence program personnel, registered nurse, 21 licensed practical nurse, respiratory care practitioner, 22 advanced practice nurse, home health aide, director or staff 23 assistant of a nursery school or a child day care center, 24 recreational program or facility personnel, law enforcement 25 officer, registered psychologist and assistants working 26 under the direct supervision of a psychologist, psychiatrist, 27 or field personnel of the Illinois Department ofPublic Aid,28 Public Health, Human Services (acting as successor to the 29 Department of Mental Health and Developmental Disabilities, 30 Rehabilitation Services, or Public Aid), Corrections, Human 31 Rights, or Children and Family Services, supervisor and 32 administrator of general assistance under the Illinois Public -489- LRB9206615WHmb 1 Aid Code, probation officer, or any other foster parent, 2 homemaker or child care worker having reasonable cause to 3 believe a child known to them in their professional or 4 official capacity may be an abused child or a neglected child 5 shall immediately report or cause a report to be made to the 6 Department. Whenever such person is required to report under 7 this Act in his capacity as a member of the staff of a 8 medical or other public or private institution, school, 9 facility or agency, he shall make report immediately to the 10 Department in accordance with the provisions of this Act and 11 may also notify the person in charge of such institution, 12 school, facility or agency or his designated agent that such 13 report has been made. Under no circumstances shall any 14 person in charge of such institution, school, facility or 15 agency, or his designated agent to whom such notification has 16 been made, exercise any control, restraint, modification or 17 other change in the report or the forwarding of such report 18 to the Department. The privileged quality of communication 19 between any professional person required to report and his 20 patient or client shall not apply to situations involving 21 abused or neglected children and shall not constitute grounds 22 for failure to report as required by this Act. In addition 23 to the above persons required to report suspected cases of 24 abused or neglected children, any other person may make a 25 report if such person has reasonable cause to believe a child 26 may be an abused child or a neglected child. Any person who 27 enters into employment on and after July 1, 1986 and is 28 mandated by virtue of that employment to report under this 29 Act, shall sign a statement on a form prescribed by the 30 Department, to the effect that the employee has knowledge and 31 understanding of the reporting requirements of this Act. The 32 statement shall be signed prior to commencement of the 33 employment. The signed statement shall be retained by the 34 employer. The cost of printing, distribution, and filing of -490- LRB9206615WHmb 1 the statement shall be borne by the employer. The Department 2 shall provide copies of this Act, upon request, to all 3 employers employing persons who shall be required under the 4 provisions of this Section to report under this Act. 5 Any person who knowingly transmits a false report to the 6 Department commits the offense of disorderly conduct under 7 subsection (a)(7) of Section 26-1 of the "Criminal Code of 8 1961". Any person who violates this provision a second or 9 subsequent time shall be guilty of a Class 4 felony. 10 Any person who knowingly and willfully violates any 11 provision of this Section other than a second or subsequent 12 violation of transmitting a false report as described in the 13 preceding paragraph, shall be guilty of a Class A 14 misdemeanor. 15 A child whose parent, guardian or custodian in good faith 16 selects and depends upon spiritual means through prayer 17 alone for the treatment or cure of disease or remedial care 18 may be considered neglected or abused, but not for the sole 19 reason that his parent, guardian or custodian accepts and 20 practices such beliefs. 21 A child shall not be considered neglected or abused 22 solely because the child is not attending school in 23 accordance with the requirements of Article 26 of the School 24 Code, as amended. 25 (Source: P.A. 90-116, eff. 7-14-97; 91-259, eff. 1-1-00; 26 91-516, eff. 8-13-99; revised 10-14-99.) 27 (325 ILCS 5/7.20) 28 Sec. 7.20. Inter-agency agreements for information. The 29 Department shall enter into an inter-agency agreement with 30 the Secretary of State to establish a procedure by which 31 employees of the Department may have immediate access to 32 driver's license records maintained by the Secretary of State 33 if the Department determines the information is necessary to -491- LRB9206615WHmb 1 perform its duties under the Abused and Neglected Child 2 Reporting Act, the Child Care Act of 1969, and the Children 3 and Family Services Act. The Department shall enter into an 4 inter-agency agreement with the Illinois Department ofPublic5Aid and the Department ofHuman Services (acting as successor 6 to the Department of Public Aid under the Department of Human 7 Services Act) to establish a procedure by which employees of 8 the Department may have immediate access to records, files, 9 papers, and communications (except medical, alcohol or drug 10 assessment or treatment, mental health, or any other medical 11 records) ofthe Illinois Department of Public Aid,county 12 departments of public aid, the Department of Human Services, 13 and local governmental units receiving State or federal funds 14 or aid to provide public aid, if the Department determines 15 the information is necessary to perform its duties under the 16 Abused and Neglected Child Reporting Act, the Child Care Act 17 of 1969, and the Children and Family Services Act. 18 (Source: P.A. 88-614, eff. 9-7-94; 89-507, eff. 7-1-97.) 19 Section 365. The Early Intervention Services System Act 20 is amended by changing Sections 4 and 9 as follows: 21 (325 ILCS 20/4) (from Ch. 23, par. 4154) 22 Sec. 4. Illinois Interagency Council on Early 23 Intervention. 24 (a) There is established the Illinois Interagency 25 Council on Early Intervention. The Council shall be composed 26 of at least 15 but not more than 25 members. The members of 27 the Council and the designated chairperson of the Council 28 shall be appointed by the Governor. The Council member 29 representing the lead agency may not serve as chairperson of 30 the Council. The Council shall be composed of the following 31 members: 32 (1) The Secretary of Human Services (or his or her -492- LRB9206615WHmb 1 designee) and 2 additional representatives of the 2 Department of Human Services designated by the Secretary, 3 plus the Directors (or their designees) of the following 4 State agencies involved in the provision of or payment 5 for early intervention services to eligible infants and 6 toddlers and their families: 7 (A) Illinois State Board of Education; 8 (B) (Blank); 9 (C) (Blank); 10 (D) Illinois Department of Children and Family 11 Services; 12 (E) University of Illinois Division of 13 Specialized Care for Children; 14 (F) (Blank)Illinois Department of Public Aid; 15 (G) Illinois Department of Public Health; 16 (H) (Blank); 17 (I) Illinois Planning Council on Developmental 18 Disabilities; and 19 (J) Illinois Department of Insurance. 20 (2) Other members as follows: 21 (A) At least 20% of the members of the Council 22 shall be parents, including minority parents, of 23 infants or toddlers with disabilities or children 24 with disabilities aged 12 or younger, with knowledge 25 of, or experience with, programs for infants and 26 toddlers with disabilities. At least one such 27 member shall be a parent of an infant or toddler 28 with a disability or a child with a disability aged 29 6 or younger; 30 (B) At least 20% of the members of the Council 31 shall be public or private providers of early 32 intervention services; 33 (C) One member shall be a representative of 34 the General Assembly; and -493- LRB9206615WHmb 1 (D) One member shall be involved in the 2 preparation of professional personnel to serve 3 infants and toddlers similar to those eligible for 4 services under this Act. 5 The Council shall meet at least quarterly and in such 6 places as it deems necessary. Terms of the initial members 7 appointed under paragraph (2) shall be determined by lot at 8 the first Council meeting as follows: of the persons 9 appointed under subparagraphs (A) and (B), one-third shall 10 serve one year terms, one-third shall serve 2 year terms, and 11 one-third shall serve 3 year terms; and of the persons 12 appointed under subparagraphs (C) and (D), one shall serve a 13 2 year term and one shall serve a 3 year term. Thereafter, 14 successors appointed under paragraph (2) shall serve 3 year 15 terms. Once appointed, members shall continue to serve until 16 their successors are appointed. No member shall be appointed 17 to serve more than 2 consecutive terms. 18 Council members shall serve without compensation but 19 shall be reimbursed for reasonable costs incurred in the 20 performance of their duties, including costs related to child 21 care, and parents may be paid a stipend in accordance with 22 applicable requirements. 23 The Council shall prepare and approve a budget using 24 funds appropriated for the purpose to hire staff, and obtain 25 the services of such professional, technical, and clerical 26 personnel as may be necessary to carry out its functions 27 under this Act. This funding support and staff shall be 28 directed by the lead agency. 29 (b) The Council shall: 30 (1) advise and assist the lead agency in the 31 performance of its responsibilities including but not 32 limited to the identification of sources of fiscal and 33 other support services for early intervention programs, 34 and the promotion of interagency agreements which assign -494- LRB9206615WHmb 1 financial responsibility to the appropriate agencies; 2 (2) advise and assist the lead agency in the 3 preparation of applications and amendments to 4 applications; 5 (3) review and advise on relevant regulations and 6 standards proposed by the related State agencies; 7 (4) advise and assist the lead agency in the 8 development, implementation and evaluation of the 9 comprehensive early intervention services system; and 10 (5) prepare and submit an annual report to the 11 Governor and to the General Assembly on the status of 12 early intervention programs for eligible infants and 13 toddlers and their families in Illinois. The annual 14 report shall include (i) the estimated number of eligible 15 infants and toddlers in this State, (ii) the number of 16 eligible infants and toddlers who have received services 17 under this Act and the cost of providing those services, 18 and (iii) the estimated cost of providing services under 19 this Act to all eligible infants and toddlers in this 20 State. 21 No member of the Council shall cast a vote on or 22 participate substantially in any matter which would provide a 23 direct financial benefit to that member or otherwise give the 24 appearance of a conflict of interest under State law. All 25 provisions and reporting requirements of the Illinois 26 Governmental Ethics Act shall apply to Council members. 27 (Source: P.A. 91-357; eff. 7-29-99.) 28 (325 ILCS 20/9) (from Ch. 23, par. 4159) 29 Sec. 9. Role of Other State Entities. The Departments 30 of Public Health, Human Services, and Children and Family 31 Servicesand Public Aid; the University of Illinois Division 32 of Specialized Care for Children; the State Board of 33 Education; and any other State agency which directly or -495- LRB9206615WHmb 1 indirectly provides or administers early intervention 2 services shall adopt compatible rules for the provision of 3 services to eligible infants and toddlers and their families 4 within one year of the effective date of this Act. 5 These agencies shall enter into and maintain formal 6 interagency agreements to enable the State and local agencies 7 serving eligible children and their families to establish 8 working relationships that will increase the efficiency and 9 effectiveness of their early intervention services. The 10 agreement shall outline the administrative, program and 11 financial responsibilities of the relevant State agencies and 12 shall implement a coordinated service delivery system through 13 local interagency agreements. 14 There shall be created in the Office of the Governor an 15 Early Childhood Intervention Ombudsman to assist families and 16 local parties in ensuring that all State agencies serving 17 eligible families do so in a comprehensive and collaborative 18 manner. 19 (Source: P.A. 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.) 20 Section 368. The Interagency Board for Children who are 21 Deaf or Hard-of-Hearing and have an Emotional or Behavioral 22 Disorder Act is amended by changing Section 4 as follows: 23 (325 ILCS 35/4) (from Ch. 23, par. 6704) 24 Sec. 4. Appointment. The Board shall consist of 111225 members, one of whom shall be appointed by the Governor. The 26 State Superintendent of Education shall appoint 2 members, 27 one of whom shall be a parent of a child who is deaf or 28 hard-of-hearing and has an emotional or behavioral disorder, 29 and one of whom shall be an employee of the agency. The 30 Director of Children and Family Services shall appoint 2 31 members, one of whom shall be a parent, foster parent, or 32 legal guardian of a child who is deaf or hard-of-hearing and -496- LRB9206615WHmb 1 has an emotional or behavioral disorder, and one of whom 2 shall be an employee of the agency. The Secretary of Human 3 Services shall appoint 4 members, 2 of whom shall be parents 4 of children who are deaf or hard of hearing and have an 5 emotional or behavioral disorder, and 2 of whom shall be 6 employees of the agency. 7The Director of Public Aid shall appoint one member who8shall be an employee of the agency.The Community and 9 Residential Services Authority for Behavior Disturbed and 10 Severe Emotionally Disturbed Students shall appoint one 11 member who shall be an employee of the Authority, and the 12 Director of the Division of Specialized Care for Children 13 shall appoint one member who shall be an employee of that 14 agency. 15 Each appointing authority shall give preference to any 16 qualified deaf employee when making appointments to the 17 Board. 18 (Source: P.A. 89-507, eff. 7-1-97; 89-680, eff. 1-1-97; 19 90-14, eff. 7-1-97.) 20 Section 370. The Mental Health and Developmental 21 Disabilities Code is amended by changing Sections 5-107 and 22 5-107.1 as follows: 23 (405 ILCS 5/5-107) (from Ch. 91 1/2, par. 5-107) 24 Sec. 5-107. Remittances from intermediary agencies under 25 Title XVIII of the Federal Social Security Act for services 26 to persons in State facilities shall be deposited with the 27 State Treasurer and placed in the Mental Health Fund. 28 Payments received from the Department of Human Services 29Public Aidunder Title XIX of the Federal Social Security Act 30 for services to persons in State facilities shall be 31 deposited with the State Treasurer and shall be placed in the 32 General Revenue Fund. -497- LRB9206615WHmb 1 The Auditor General shall audit or cause to be audited 2 all amounts collected by the Department. 3 (Source: P.A. 80-1414.) 4 (405 ILCS 5/5-107.1) (from Ch. 91 1/2, par. 5-107.1) 5 Sec. 5-107.1. Remittances from or on behalf of licensed 6 long-term care facilities through Department of Human 7 ServicesPublic Aidreimbursement and monies from other funds 8 for Day Training Programs for clients with a developmental 9 disability shall be deposited with the State Treasurer and 10 placed in the Mental Health Fund. 11 The Auditor General shall audit or cause to be audited 12 all amounts collected by the Department. 13 (Source: P.A. 88-380.) 14 Section 371. The Community Services Act is amended by 15 changing Section 4.2 as follows: 16 (405 ILCS 30/4.2) (from Ch. 91 1/2, par. 904.2) 17 Sec. 4.2. Case coordination pilot projects. In order to 18 further the provisions of this Act and enhance the 19 development of an integrated community-based service system 20 for persons with developmental disabilities, the Department 21 shall establish a free-standing case coordination pilot 22 project in each of its administrative regions in the State 23 based on the organizational design elements and service 24 linkage provisions contained in this Section. A case 25 coordination pilot project, as described in this Section 26 shall be an entity which provides no other direct services. 27 (a) Definition. For purposes of this Section, "case 28 coordination" means a life-long goal-oriented program for 29 assuring and coordinating a full range of services required 30 by persons with a developmental disability. Case 31 coordination services are designed to ensure service -498- LRB9206615WHmb 1 accessibility, continuity of care and accountability and to 2 maximize the potential of persons with a developmental 3 disability for independence, productivity and community 4 integration. Case coordination services include necessary 5 advocacy services to assure that each recipient with a 6 developmental disability who has identified service needs is 7 linked to available resources. The term also includes 8 coordination of the service efforts of multiple providers of 9 services for recipients with a developmental disability to 10 afford those recipients an opportunity to remain in a 11 community setting. 12 Case coordination services shall not displace other 13 service providers' responsibility for working directly with 14 the recipient with a developmental disability, the 15 recipient's family and the community support system in the 16 direct provision of counseling and training service needs 17 identified in the individualized habilitation services plan 18 for the recipient. 19 (b) Model. Each case coordination pilot project shall 20 be operated by a private not-for-profit corporation (project 21 operator). Each project operator shall have a board of 22 directors with representation from sufficient community areas 23 to provide representation of the various racial and ethnic 24 groups which comprise the population of the pilot project 25 area. At least one-third of the members of this board shall 26 not be relatives of any person to be served by the agency. No 27 member of the board may be an employee of any entity which 28 receives funds from the Department of Human Services. The 29 Department shall by rule prescribe procedures for assuring 30 that no such conflicts of interest exist. Geographic, social, 31 cultural and economic interests in the community shall be 32 represented. If more than one community area within a city 33 of more than 1,000,000 residents or more than one county of 34 less than 1,000,000 population is served by a single project -499- LRB9206615WHmb 1 operator, each such community area or county shall be 2 represented. 3 Each project shall serve a clearly defined geographic 4 area with a population base of not less than 100,000. The 5 Department shall designate the geographic area, define the 6 population base and select the project operator for each 7 project. The Department shall by rule establish all 8 procedures under which each case coordination project shall 9 operate and be funded. 10 In designating the geographic area of each project, the 11 Department shall target areas which currently lack sufficient 12 case coordination as determined by the Department. Both 13 rural and urban areas shall be represented among the 14 projects, and at least one area with a high concentration of 15 minority persons shall be represented. 16 All funds awarded to any agency or organization for case 17 coordination services in a geographic area selected for a 18 case coordination pilot project and not expended as of the 19 effective date of this amendatory Act of 1987 shall be 20 transferred to and considered a part of the case coordination 21 pilot project funds. Agencies and organizations which, on the 22 effective date of this amendatory Act of 1987, are providing 23 services to persons with a developmental disability and which 24 transfer case coordination services to a pilot project shall 25 not be disproportionately affected with respect to their 26 administration and support service costs. 27 The Department shall explore all State and federal 28 sources of funding for case coordination services. 29 (c) Service categories. Each case coordination pilot 30 project shall include the following case activities: 31 (1) Crisis management. The case coordination pilot 32 project shall demonstrate a capability to provide service 33 needs assessment, linkage to habilitative services and 34 client advocacy at any hour of the day or night, on any -500- LRB9206615WHmb 1 day of the week. "Linkage" means an arrangement for the 2 exchange of information among various providers of 3 services. 4 (2) Assessment of service need. The case 5 coordinator shall participate with direct service staff 6 in assessing an individual's needs and readiness to move 7 into alternate services or settings utilizing clinical 8 evaluation of intellectual, emotional and functioning 9 levels. Comprehensive diagnostic assessments shall 10 include the following areas: 11 (A) medical, physical and psychomotor status; 12 (B) psychological status including 13 intellectual and adaptive behavior functioning 14 levels, emotional stability and maladaptive behavior 15 profile; 16 (C) independent living skills; and 17 (D) social history. 18 (3) Development of recipient individualized 19 habilitation services plan. An interdisciplinary team 20 shall develop an individualized habilitation services 21 plan which is based on the recipient's service needs 22 assessment and which reflects active treatment. The 23 interdisciplinary team shall include the recipient if he 24 or she is functionally capable of participation; the 25 parent or guardian of the recipient; and professional and 26 paraprofessional staff representing all services the 27 recipient currently needs or receives, including, at a 28 minimum, the providers of day training, vocational, 29 residential and case coordination services. 30 (4) Coordination and advocacy with service 31 providers. The case coordinator is responsible for 32 providing continuity, accessibility and the most 33 effective delivery of services as prescribed in the 34 individualized habilitation services plan, including the -501- LRB9206615WHmb 1 facilitation of coordination activities among multiple 2 providers. 3 (5) Follow-up. The case coordinator shall conduct 4 scheduled activities to monitor and evaluate the 5 recipient's progress toward established service goals, 6 and the need for continuing services. 7 (d) Interagency coordination. Providers of services to 8 persons with a developmental disability shall participate in 9 the activities of case coordination pilot projects as a 10 condition of funding from the State. The Departments of 11 Children and Family Services, Human Services, and Public 12 Healthand Public Aidand the University of Illinois Division 13 of Specialized Care for Children shall enter into a written 14 linkage agreement with each pilot project. 15 (e) Target population. Persons with a developmental 16 disability in or from the designated geographic area of a 17 case coordination pilot project shall be eligible for case 18 coordination services regardless of age or nature of 19 disability. Priority in providing services shall be given, 20 however, to the following: 21 (1) Persons with severe disabilities or behavioral 22 impediments who are experiencing difficulty in accessing 23 services or who are at risk of movement to a more 24 restrictive level of care. 25 (2) Persons in public school special education 26 programs who are identified as needing transition 27 planning to prepare for entry into the adult service 28 system. 29 (3) Persons who have been discharged from a 30 State-operated developmental program and are subject to 31 mandated follow-up. 32 (4) Persons who are receiving purchase of care 33 funding from the Department and who are participating in 34 the Department's Home and Community-Based Care program. -502- LRB9206615WHmb 1 (5) Persons in skilled nursing facilities and 2 intermediate care facilities who are subject to 3 relocation due to federal and State mandates. 4 (f) Program standards and certification. The Department 5 shall promulgate rules and regulations governing the case 6 coordination pilot projects. Such rules and regulations 7 shall provide for program standards including staff 8 qualifications and training; recipient need-staff ratios; 9 program accessibility; governance; and certification. 10 Projects serving geographic areas with a high concentration 11 of persons of Hispanic origin shall be required to employ 12 staff who are bilingual and bicultural. 13 The Department shall annually certify that case 14 coordination pilot projects meet minimum standards 15 established by the Department. The Department shall at least 16 annually, or more often as necessary, review the services 17 being provided to assure compliance with the standards. The 18 Department may suspend, refuse to renew or deny certification 19 to any project operator which fails to meet any standards, as 20 provided by rule. If certification of any project operator 21 is suspended or not renewed, the Department shall designate a 22 new project operator in that geographic area. 23 (g) Evaluation. The Department shall evaluate the case 24 coordination pilot projects and shall report to the General 25 Assembly on the status of the pilot projects on January 1, 26 1989, and annually thereafter or until the pilot project is 27 terminated. 28 The Department's evaluation shall consider service system 29 and agency performance. The Department shall develop an 30 evaluation methodology which addresses the cost effectiveness 31 and efficient use of services. 32 The Department in conjunction with each case coordination 33 pilot project shall define a uniform data reporting system 34 which will provide need assessment data for the service area -503- LRB9206615WHmb 1 as well as demographic data regarding the population served. 2 (h) Term of pilot projects. All planning for the pilot 3 projects authorized by this Section shall be completed by 4 January 1, 1988. The pilot projects shall begin operation on 5 January 1, 1988, and terminate on December 31, 1990. 6 (i) Funding. Funding for the pilot projects authorized 7 by this Section shall be subject to the availability of 8 monies appropriated to the Department. 9 (Source: P.A. 88-380; 89-507, eff. 7-1-97.) 10 Section 375. The Developmental Disability and Mental 11 Disability Services Act is amended by changing Section 1-3 as 12 follows: 13 (405 ILCS 80/1-3) (from Ch. 91 1/2, par. 1801-3) 14 Sec. 1-3. Definitions. 15 (1) "Developmental disability" means a severe chronic 16 disability of a person which: 17 (A) is attributable to a mental or physical 18 impairment or combination of mental and physical 19 impairments; 20 (B) is manifested before the person attains age 22; 21 (C) is likely to continue indefinitely; 22 (D) results in a substantial functional limitation 23 in 3 or more of the following areas of major life 24 activity: (i) self-care, (ii) receptive and expressive 25 language, (iii) learning, (iv) mobility, (v) 26 self-direction, (vi) capacity for independent living and 27 (vii) economic sufficiency; and 28 (E) Reflects the person's need for a combination 29 and sequence of special, interdisciplinary or general 30 care, treatment or other services which are of lifelong 31 or extended duration and are individually planned and 32 coordinated. -504- LRB9206615WHmb 1 (2) "Council" means the Governor's Planning Council on 2 Developmental Disabilities. 3 (3) "Department" means the Department on Aging, the 4 Department of Human Services, the Department of Public 5 Health, the Department of Public Aid, the University of 6 Illinois Division of Specialized Care for Children, the 7 Department of Children and Family Services and the Illinois 8 State Board of Education, where appropriate, as designated in 9 the implementation plan developed under Section 1-5 of this 10 Article. 11 (4) "Case coordination services" means a lifelong 12 goal-oriented process for the coordination of the range of 13 services needed by persons with developmental disabilities 14 and their families. Case coordination services are designed 15 to ensure accessibility, continuity of care and 16 accountability and to maximize the potential of persons with 17 developmental disabilities for independence, productivity and 18 integration into the community. Case coordination services 19 include, at a minimum: (A) outreach to identify eligible 20 individuals; (B) assessment and periodic reassessment to 21 determine each individual's strengths, functional limitations 22 and need for specific services; (C) development of a 23 comprehensive individual program plan; (D) referral to and 24 coordination of needed social, medical, educational support 25 and other services; (E) monitoring to ensure the delivery of 26 appropriate services and to determine individual progress in 27 meeting goals and objectives; and (F) advocacy to assist the 28 person in obtaining all services to which he or she is 29 entitled. 30 (5) "Chronological age-appropriate services" means 31 services, activities and strategies for persons with 32 developmental disabilities that are representative of the 33 lifestyle activities of nondisabled peers of similar age in 34 the community. -505- LRB9206615WHmb 1 (6) "Comprehensive evaluation" means procedures and 2 assessments used to determine whether a person has a 3 developmental disability and the nature and extent of the 4 services that the person with a developmental disability 5 needs. The term means procedures used selectively with an 6 individual. All components of a comprehensive evaluation 7 must be administered by a qualified examiner. 8 (7) "Family" means a natural, adoptive or foster parent 9 or parents or other person or persons responsible for the 10 care of an individual with a developmental disability in a 11 family setting. 12 (8) "Family or individual support" means those resources 13 and services which are necessary to maintain a family member 14 with a developmental disability within the family home. 15 These services may include, but are not limited to, cash 16 subsidy, respite care and counseling services. 17 (9) "Individual program plan" means a recorded 18 assessment of the needs of a person with a developmental 19 disability, a description of the services recommended, the 20 goals of each type of element of service, an anticipated 21 timetable for the accomplishment of the goals, and a 22 designation of the qualified professional responsible for the 23 implementation of the plan. 24 (10) "Least restrictive environment" means an 25 environment that represents the least departure from the 26 normal patterns of living and which effectively meets the 27 needs of the person receiving the service. 28 (Source: P.A. 89-507, eff. 7-1-97.) 29 Section 380. The Sexual Assault Survivors Emergency 30 Treatment Act is amended by changing Sections 6 and 7 as 31 follows: 32 (410 ILCS 70/6) (from Ch. 111 1/2, par. 87-6) -506- LRB9206615WHmb 1 Sec. 6. Powers and duties of Departments of Public 2 Health and Human ServicesPublic Aid. 3 (a) The Department of Public Health shall have the 4 duties and responsibilities required by Sections 2, 6.1, 6.2, 5 and 6.4. 6 (b) The Department of Human ServicesPublic Aidshall 7 have the duties and responsibilities required by Sections 6.3 8 and 7. 9 (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98.) 10 (410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7) 11 Sec. 7. Hospital charges and reimbursement. When any 12 hospital or ambulance provider furnishes emergency services 13 to any alleged sexual assault survivor, as defined by the 14 Department of Human ServicesPublic Aidpursuant to Section 15 6.3 of this Act, who is neither eligible to receive such 16 services under the Illinois Public Aid Code nor covered as to 17 such services by a policy of insurance, the hospital and 18 ambulance provider shall furnish such services to that person 19 without charge and shall be entitled to be reimbursed for its 20 billed charges in providing such services by the Department 21 of Human ServicesPublic Aid. 22 (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98.) 23 Section 382. The Infant Mortality Reduction Act is 24 amended by changing Section 7 as follows: 25 (410 ILCS 220/7) (from Ch. 111 1/2, par. 7007) 26 Sec. 7. (a) There is created within the Department an 27 Infant Mortality Reduction Advisory Board to advise the 28 Department on the implementation of this Act and other 29 activities related to the reduction of infant mortality in 30 the State of Illinois. The Board shall consist of the 31 Secretary of Human Services (or his or her designee), who -507- LRB9206615WHmb 1 shall serve as chairman, and one additional representative of 2 the Department of Human Services designated by the Secretary; 3 one representative each from the Departments of Children and 4 Family Services, and Public Health, and Public Aid; a 5 representative from the University of Illinois' Division of 6 Specialized Care for Children; a representative from the 7 State Board of Education and 4 members of the Illinois 8 General Assembly, one each appointed by the President and 9 Minority Leader of the Senate and the Speaker and Minority 10 Leader of the House of Representatives. In addition, the 11 Governor shall appoint 4 physicians licensed to practice 12 medicine in all of its branches, one of whom shall be an 13 individual with a specialty in obstetrics and gynecology, one 14 of whom shall be an individual with a specialty in perinatal 15 medicine, one of whom shall be an individual with a specialty 16 in neonatal medicine and one of whom shall be an individual 17 with a specialty in pediatrics; the director of a perinatal 18 center; a hospital administrator; a representative from a 19 local health department; a social worker; a nutritionist; a 20 registered professional nurse; 4 individuals involved in 21 programs to reduce infant mortality and 2 public members, one 22 of whom shall be a senior citizen 60 years of age or older. 23 Each legislative member shall serve during his term of 24 office in the Illinois General Assembly. Each member 25 appointed by the Governor shall serve a term of 3 years or 26 until his successor is appointed. Any member appointed to 27 fill a vacancy occurring prior to the expiration of the term 28 for which his predecessor was appointed shall be appointed 29 for the remainder of such term. Members of the Board shall 30 serve without compensation but shall be reimbursed for 31 necessary expenses incurred in the performance of their 32 duties. 33 (b) The Board shall advise the Secretary on efforts to 34 reduce infant mortality in the State of Illinois. In -508- LRB9206615WHmb 1 addition, the Board shall review the formula developed 2 pursuant to Section 4 and make such recommendations as it 3 deems appropriate. In performing its duties the Board may 4 hold hearings throughout the State and advise and receive 5 advice from any local advisory bodies created to address the 6 infant mortality problem. 7 (c) The Board shall report to the General Assembly on or 8 before April 15th of each year, a listing of activities taken 9 to address infant mortality and a annual summary of data 10 collected under Section 4 of this Act. 11 (Source: P.A. 89-507, eff. 7-1-97.) 12 Section 385. The Alzheimer's Disease Assistance Act is 13 amended by changing Section 6 as follows: 14 (410 ILCS 405/6) (from Ch. 111 1/2, par. 6956) 15 Sec. 6. ADA Advisory Committee. There is created the 16 Alzheimer's Disease Advisory Committee consisting of 21 17 voting members appointed by the Director of the Department, 18 as well as 5 nonvoting members as hereinafter provided in 19 this Section. The Director or his designee shall serve as 20 one of the 21 voting members and as the Chairman of the 21 Committee. Those appointed as voting members shall include 22 persons who are experienced in research and the delivery of 23 services to victims and their families. Such members shall 24 include 4 physicians licensed to practice medicine in all of 25 its branches, one representative of a postsecondary 26 educational institution which administers or is affiliated 27 with a medical center in the State, one representative of a 28 licensed hospital, one registered nurse, one representative 29 of a long term care facility under the Nursing Home Care Act, 30 one representative of an area agency on aging as defined by 31 Section 3.07 of the Illinois Act on the Aging, one social 32 worker, one representative of an organization established -509- LRB9206615WHmb 1 under the Illinois Insurance Code for the purpose of 2 providing health insurance, 5 family members or 3 representatives of victims of Alzheimer's disease and related 4 disorders, and 4 members of the general public. Among the 5 physician appointments shall be persons with specialties in 6 the fields of neurology, family medicine, psychiatry and 7 pharmacology. Among the general public members, at least 2 8 appointments shall include persons 65 years of age or older. 9 In addition to the 21 voting members, the Secretary of 10 Human Services (or his or her designee) and one additional 11 representative of the Department of Human Services designated 12 by the Secretary plus the Directors of the following State 13 agencies or their designees shall serve as nonvoting members: 14 Department on Aging, Department of Public Aid,and 15 Guardianship and Advocacy Commission. 16 Each voting member appointed by the Director of Public 17 Health shall serve for a term of 2 years, and until his 18 successor is appointed and qualified. Members of the 19 Committee shall not be compensated but shall be reimbursed 20 for expenses actually incurred in the performance of their 21 duties. No more than 11 voting members may be of the same 22 political party. Vacancies shall be filled in the same 23 manner as original appointments. 24 (Source: P.A. 89-507, eff. 7-1-97.) 25 Section 390. The Hemophilia Care Act is amended by 26 changing the title and Sections 1, 3, and 4 as follows: 27 (410 ILCS 420/Act title) 28 An Act establishing in the Illinois Department of Human 29 ServicesPublic Aida program for the care of persons 30 suffering from hemophilia, establishing a Hemophilia Advisory 31 Committee and designating powers and duties in relation 32 thereto. -510- LRB9206615WHmb 1 (410 ILCS 420/1) (from Ch. 111 1/2, par. 2901) 2 Sec. 1. Definitions. As used in this Act, unless the 3 context clearly requires otherwise: 4 (1) "Department" means the Illinois Department of Human 5 ServicesPublic Aid. 6 (1.5) "SecretaryDirector" means the Secretary of Human 7 ServicesDirector of Public Aid. 8 (2) (Blank). 9 (3) "Hemophilia" means a bleeding tendency resulting 10 from a genetically determined deficiency in the blood. 11 (4) "Committee" means the Hemophilia Advisory Committee 12 created under this Act. 13 (5) "Eligible person" means any resident of the State 14 suffering from hemophilia. 15 (6) "Family" means: 16 (a) In the case of a patient who is a dependent of 17 another person or couple as defined by the Illinois 18 Income Tax Act, all those persons for whom exemption is 19 claimed in the State income tax return of the person or 20 couple whose dependent the eligible person is, and 21 (b) In all other cases, all those persons for whom 22 exemption is claimed in the State income tax return of 23 the eligible person, or of the eligible person and his 24 spouse. 25 (7) "Eligible cost of hemophilia services" means the 26 cost of blood transfusions, blood derivatives, and for 27 outpatient services, of physician charges, medical supplies, 28 and appliances, used in the treatment of eligible persons for 29 hemophilia, plus one half of the cost of hospital inpatient 30 care, minus any amount of such cost which is eligible for 31 payment or reimbursement by any hospital or medical insurance 32 program, by any other government medical or financial 33 assistance program, or by any charitable assistance program. 34 (8) "Gross income" means the base income for State -511- LRB9206615WHmb 1 income tax purposes of all members of the family. 2 (9) "Available family income" means the lesser of: 3 (a) Gross income minus the sum of (1) $5,500, and 4 (2) $3,500 times the number of persons in the family, or 5 (b) One half of gross income. 6 (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98.) 7 (410 ILCS 420/3) (from Ch. 111 1/2, par. 2903) 8 Sec. 3. The powers and duties of the Department shall 9 include the following: 10 (1) With the advice and counsel of the Committee, 11 develop standards for determining eligibility for care and 12 treatment under this program. Among other standards 13 developed under this Section, persons suffering from 14 hemophilia must be evaluated in a center properly staffed and 15 equipped for such evaluation, but not operated by the 16 Department. 17 (2) (Blank). 18 (3) Extend financial assistance to eligible persons in 19 order that they may obtain blood and blood derivatives for 20 use in hospitals, in medical and dental facilities, or at 21 home. The Department shall extend financial assistance in 22 each fiscal year to each family containing one or more 23 eligible persons in the amount of (a) the family's eligible 24 cost of hemophilia services for that fiscal year, minus (b) 25 one fifth of its available family income for its next 26 preceding taxable year. The SecretaryDirectormay extend 27 financial assistance in the case of unusual hardships, 28 according to specific procedures and conditions adopted for 29 this purpose in the rules and regulations promulgated by the 30 Department to implement and administer this Act. 31 (4) (Blank). 32 (5) Promulgate rules and regulations with the advice and 33 counsel of the Committee for the implementation and -512- LRB9206615WHmb 1 administration of this Act. 2 (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98.) 3 (410 ILCS 420/4) (from Ch. 111 1/2, par. 2904) 4 Sec. 4. The SecretaryDirectorshall appoint a 5 Hemophilia Advisory Committee to advise and consult with the 6 Department in the administration of this Act. The Committee 7 shall meet on call of the Chairman not less than twice 8 annually. A report shall be given to the Committee from the 9 Director semiannually, detailing plans and activities of the 10 Department under this Act. The Committee shall consist of 11 the SecretaryDirectoras Chairman ex-officio and 8 members, 12 selected as follows: 13 (1) Two eligible persons, as defined in Section 1 of 14 this Act, or members of an organization representing eligible 15 persons; 16 (2) Two medical specialists in hemophilia patient care; 17 and 18 (3) Four members of the general public other than 19 persons identified in (1) and (2). 20 The terms of members of the Committee shall be 4 years 21 except that, of those members initially appointed to the 22 Committee, one of those appointed from each constituency 23 group shall serve for a term of 4 years, and one shall serve 24 for a term of 2 years. The length of terms of initial 25 appointees shall be determined by lot from among members of 26 each constituency group at the Committee's first meeting. In 27 the event that a vacancy occurs on the Committee, the 28 SecretaryDirectorshall within 60 days appoint a new member 29 to complete the unexpired portion of the term. No member may 30 be succeeded other than by another representative of the same 31 constituency group. 32 The initial members shall be appointed by October 15, 33 1977, and shall take office on November 1, 1977. Thereafter, -513- LRB9206615WHmb 1 on or before October 15 of each odd numbered year, the 2 SecretaryDirectorshall appoint 4 members as necessary to 3 maintain an 8 member Committee, whose terms shall commence on 4 November 1 of the year in which they are appointed. 5 Members of the Committee shall receive no compensation, 6 but shall be reimbursed for actual expenses incurred in 7 carrying out their duties. 8 (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98.) 9 Section 395. The Renal Disease Treatment Act is amended 10 by changing the title and Sections 1, 2, 3, and 3.01 as 11 follows: 12 (410 ILCS 430/Act title) 13 An Act to establish in the Department of Human Services 14Public Aida program for the care of persons suffering from 15 chronic renal diseases, designating powers and duties in 16 relation thereto, and making an appropriation therefor. 17 (410 ILCS 430/1) (from Ch. 111 1/2, par. 22.31) 18 Sec. 1. The Department of Human ServicesPublic Aidshall 19 establish a program for the care and treatment of persons 20 suffering from chronic renal diseases. This program shall 21 assist persons suffering from chronic renal diseases who 22 require lifesaving care and treatment for such renal disease, 23 but who are unable to pay for such services on a continuing 24 basis. 25 (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98.) 26 (410 ILCS 430/2) (from Ch. 111 1/2, par. 22.32) 27 Sec. 2. The Secretary of Human ServicesDirector of28Public Aidshall appoint a Renal Disease Advisory Committee 29 to consult with the Department in the administration of this 30 Act. The Committee shall be composed of 15 persons -514- LRB9206615WHmb 1 representing hospitals and medical schools which establish 2 dialysis centers or kidney transplant programs, voluntary 3 agencies interested in kidney diseases, physicians licensed 4 to practice medicine in all of its branches, and the general 5 public. Each member shall hold office for a term of 4 years 6 and until his successor is appointed and qualified, except 7 that the terms of the members appointed pursuant to Public 8 Act 78-538 shall expire as designated at the time of 9 appointment, 1 at the end of the first year, 1 at the end of 10 the second year, 1 at the end of the third year, and 1 at the 11 end of the fourth year, after the date of appointment. Any 12 person appointed to fill a vacancy occurring prior to the 13 expiration of the term for which his predecessor was 14 appointed shall be appointed for the remainder of such term. 15 The Committee shall meet as frequently as the Secretary of 16 Human ServicesDirector of Public Aiddeems necessary, but 17 not less than once each year. The Committee members shall 18 receive no compensation but shall be reimbursed for actual 19 expenses incurred in carrying out their duties as members of 20 this Committee. 21 (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98.) 22 (410 ILCS 430/3) (from Ch. 111 1/2, par. 22.33) 23 Sec. 3. Duties of Departments of Human ServicesPublic24Aidand Public Health. 25 (A) The Department of Human ServicesPublic Aidshall: 26 (a) With the advice of the Renal Disease Advisory 27 Committee, develop standards for determining eligibility 28 for care and treatment under this program. Among other 29 standards so developed under this paragraph, candidates, 30 to be eligible for care and treatment, must be evaluated 31 in a center properly staffed and equipped for such 32 evaluation. 33 (b) (Blank). -515- LRB9206615WHmb 1 (c) (Blank). 2 (d) Extend financial assistance to persons 3 suffering from chronic renal diseases in obtaining the 4 medical, surgical, nursing, pharmaceutical, and technical 5 services necessary in caring for such diseases, including 6 the renting of home dialysis equipment. The Renal Disease 7 Advisory Committee shall recommend to the Department the 8 extent of financial assistance, including the reasonable 9 charges and fees, for: 10 (1) Treatment in a dialysis facility; 11 (2) Hospital treatment for dialysis and 12 transplant surgery; 13 (3) Treatment in a limited care facility; 14 (4) Home dialysis training; and 15 (5) Home dialysis. 16 (e) Assist in equipping dialysis centers. 17 (B) The Department of Public Health shall: 18 (a) Assist in the development and expansion of 19 programs for the care and treatment of persons suffering 20 from chronic renal diseases, including dialysis and 21 other medical or surgical procedures and techniques that 22 will have a lifesaving effect in the care and treatment 23 of persons suffering from these diseases. 24 (b) Assist in the development of programs for the 25 prevention of chronic renal diseases. 26 (c) Institute and carry on an educational program 27 among physicians, hospitals, public health departments, 28 and the public concerning chronic renal diseases, 29 including the dissemination of information and the 30 conducting of educational programs concerning the 31 prevention of chronic renal diseases and the methods for 32 the care and treatment of persons suffering from these 33 diseases. 34 (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98.) -516- LRB9206615WHmb 1 (410 ILCS 430/3.01) (from Ch. 111 1/2, par. 22.33.01) 2 Sec. 3.01. The provisions of the Illinois Administrative 3 Procedure Act are hereby expressly adopted and shall apply to 4 all administrative rules and procedures of the Department of 5 Human ServicesPublic Aidunder this Act, except that Section 6 5-35 of the Illinois Administrative Procedure Act relating to 7 procedures for rule-making does not apply to the adoption of 8 any rule required by federal law in connection with which the 9 Department is precluded by law from exercising any 10 discretion. 11 (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98.) 12 Section 397. The Genetic Information Privacy Act is 13 amended by changing Section 22 as follows: 14 (410 ILCS 513/22) 15 Sec. 22. Tests to determine inherited characteristics in 16 paternity proceedings. Nothing in this Act shall be 17 construed to affect or restrict in any way the ordering of or 18 use of results from deoxyribonucleic acid (DNA) testing or 19 other tests to determine inherited characteristics by the 20 court in a judicial proceeding under the Illinois Parentage 21 Act of 1984 or by the Illinois Department of Human Services 22Public Aidin an administrative paternity proceeding under 23 Article X of the Illinois Public Aid Code and rules 24 promulgated under that Article. 25 (Source: P.A. 90-25, eff. 1-1-98.) 26 Section 400. The Head and Spinal Cord Injury Act is 27 amended by changing Section 6 as follows: 28 (410 ILCS 515/6) (from Ch. 111 1/2, par. 7856) 29 Sec. 6. (a) There is hereby created the Advisory Council 30 on Spinal Cord and Head Injuries within the Department of -517- LRB9206615WHmb 1 Human Services. The Council shall consist of 2829members, 2 appointed by the Governor with the advice and consent of the 3 Senate. Members shall serve 3-year terms and until their 4 successors are appointed by the Governor with the advice and 5 consent of the Senate. The members appointed by the Governor 6 shall include 2 neurosurgeons, 2 orthopedic surgeons, 2 7 rehabilitation specialists, one of whom shall be a registered 8 nurse, 4 persons with head injuries or family members of 9 persons with head injuries, 4 persons with spinal cord 10 injuries or family members of persons with spinal cord 11 injuries, a representative of an Illinois college or 12 university, and a representative from health institutions or 13 private industry. These members shall not serve more than 2 14 consecutive 3-year terms. The Governor shall appoint one 15 individual from each of the following entities to the Council 16 as ex-officio members: the unit of the Department of Human 17 Services that is responsible for the administration of the 18 vocational rehabilitation program, another unit within the 19 Department of Human Services that provides services for 20 individuals with disabilities, the State Board of Education, 21 the Department of Public Health, the Department of Insurance, 22the Department of Public Aid,the Division of Specialized 23 Care for Children of the University of Illinois, the 24 Statewide Independent Living Council, and the State 25 Rehabilitation Advisory Council. Ex-officio members are not 26 subject to limit of 2 consecutive 3-year terms. The 27 appointment of individuals representing State agencies shall 28 be conditioned on their continued employment with their 29 respective agencies. 30 (b) From funds appropriated for such purpose, the 31 Department of Human Services shall provide to the Council the 32 necessary staff and expenses to carry out the duties and 33 responsibilities assigned by the Council. Such staff shall 34 consist of a director and other support staff. -518- LRB9206615WHmb 1 (c) Meetings shall be held at least every 90 days or at 2 the call of the Council chairman, who shall be elected by the 3 Council. 4 (d) Each member shall be reimbursed for reasonable and 5 necessary expenses actually incurred in the performance of 6 his official duties. 7 (e) The Council shall adopt written procedures to govern 8 its activities. Consultants shall be provided for the Council 9 from appropriations made for such purpose. 10 (f) The Council shall make recommendations to the 11 Governor for developing and administering a State plan to 12 provide services for spinal cord and head injured persons. 13 (g) No member of the Council may participate in or seek 14 to influence a decision or vote of the Council if the member 15 would be directly involved with the matter or if he would 16 derive income from it. A violation of this prohibition shall 17 be grounds for a person to be removed as a member of the 18 Council by the Governor. 19 (h) The Council shall: 20 (1) promote meetings and programs for the 21 discussion of reducing the debilitating effects of spinal 22 cord and head injuries and disseminate information in 23 cooperation with any other department, agency or entity 24 on the prevention, evaluation, care, treatment and 25 rehabilitation of persons affected by spinal cord and 26 head injuries; 27 (2) study and review current prevention, 28 evaluation, care, treatment and rehabilitation 29 technologies and recommend appropriate preparation, 30 training, retraining and distribution of manpower and 31 resources in the provision of services to spinal cord and 32 head injured persons through private and public 33 residential facilities, day programs and other 34 specialized services; -519- LRB9206615WHmb 1 (3) recommend specific methods, means and 2 procedures which should be adopted to improve and upgrade 3 the State's service delivery system for spinal cord and 4 head injured citizens of this State; 5 (4) participate in developing and disseminating 6 criteria and standards which may be required for future 7 funding or licensing of facilities, day programs and 8 other specialized services for spinal cord and head 9 injured persons in this State; 10 (5) report annually to the Governor and the General 11 Assembly on its activities, and on the results of its 12 studies and the recommendations of the Council; and 13 (6) be the advisory board for purposes of federal 14 programs regarding traumatic brain injury. 15 (i) The Department of Human Services may accept on 16 behalf of the Council federal funds, gifts and donations from 17 individuals, private organizations and foundations, and any 18 other funds that may become available. 19 (Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.) 20 Section 405. The Vital Records Act is amended by 21 changing Sections 12, 17, 22, 24, and 25.1 as follows: 22 (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12) 23 Sec. 12. Live births; place of registration. 24 (1) Each live birth which occurs in this State shall be 25 registered with the local or subregistrar of the district in 26 which the birth occurred as provided in this Section, within 27 7 days after the birth. When a birth occurs on a moving 28 conveyance, the city, village, township, or road district in 29 which the child is first removed from the conveyance shall be 30 considered the place of birth and a birth certificate shall 31 be filed in the registration district in which the place is 32 located. -520- LRB9206615WHmb 1 (2) When a birth occurs in an institution, the person in 2 charge of the institution or his designated representative 3 shall obtain and record all the personal and statistical 4 particulars relative to the parents of the child that are 5 required to properly complete the live birth certificate; 6 shall secure the required personal signatures on the hospital 7 worksheet; shall prepare the certificate from this worksheet; 8 and shall file the certificate with the local registrar. The 9 institution shall retain the hospital worksheet permanently 10 or as otherwise specified by rule. The physician in 11 attendance shall verify or provide the date of birth and 12 medical information required by the certificate, within 24 13 hours after the birth occurs. 14 (3) When a birth occurs outside an institution, the 15 certificate shall be prepared and filed by one of the 16 following in the indicated order of priority: 17 (a) The physician in attendance at or immediately 18 after the birth, or in the absence of such a person, 19 (b) Any other person in attendance at or 20 immediately after the birth, or in the absence of such a 21 person, 22 (c) The father, the mother, or in the absence of 23 the father and the inability of the mother, the person in 24 charge of the premises where the birth occurred. 25 (4) Unless otherwise provided in this Act, if the mother 26 was not married to the father of the child at either the time 27 of conception or the time of birth, the name of the father 28 shall be entered on the child's birth certificate only if the 29 mother and the person to be named as the father have signed 30 an acknowledgment of parentage in accordance with subsection 31 (5). 32 Unless otherwise provided in this Act, if the mother was 33 married at the time of conception or birth and the presumed 34 father (that is, the mother's husband) is not the biological -521- LRB9206615WHmb 1 father of the child, the name of the biological father shall 2 be entered on the child's birth certificate only if, in 3 accordance with subsection (5), (i) the mother and the person 4 to be named as the father have signed an acknowledgment of 5 parentage and (ii) the mother and presumed father have signed 6 a denial of paternity. 7 (5) Upon the birth of a child to an unmarried woman, or 8 upon the birth of a child to a woman who was married at the 9 time of conception or birth and whose husband is not the 10 biological father of the child, the institution at the time 11 of birth and the local registrar or county clerk after the 12 birth shall do the following: 13 (a) Provide (i) an opportunity for the child's 14 mother and father to sign an acknowledgment of parentage 15 and (ii) if the presumed father is not the biological 16 father, an opportunity for the mother and presumed father 17 to sign a denial of paternity. The signing and 18 witnessing of the acknowledgment of parentage or, if the 19 presumed father of the child is not the biological 20 father, the acknowledgment of parentage and denial of 21 paternity conclusively establishes a parent and child 22 relationship in accordance with Sections 5 and 6 of the 23 Illinois Parentage Act of 1984. 24 The Illinois Department of Human ServicesPublic Aid25 shall furnish the acknowledgment of parentage and denial 26 of paternity form to institutions, county clerks, and 27 State and local registrars' offices. The form shall 28 include instructions to send the original signed and 29 witnessed acknowledgment of parentage and denial of 30 paternity to the Illinois Department of Human Services 31Public Aid. 32 (b) Provide the following documents, furnished by 33 the Illinois Department of Human ServicesPublic Aid, to 34 the child's mother, biological father, and (if the person -522- LRB9206615WHmb 1 presumed to be the child's father is not the biological 2 father) presumed father for their review at the time the 3 opportunity is provided to establish a parent and child 4 relationship: 5 (i) An explanation of the implications of, 6 alternatives to, legal consequences of, and the 7 rights and responsibilities that arise from signing 8 an acknowledgment of parentage and, if necessary, a 9 denial of paternity, including an explanation of the 10 parental rights and responsibilities of child 11 support, visitation, custody, retroactive support, 12 health insurance coverage, and payment of birth 13 expenses. 14 (ii) An explanation of the benefits of having 15 a child's parentage established and the availability 16 of parentage establishment and support enforcement 17 services. 18 (iii) A request for an application for child 19 support services from the Illinois Department of 20 Human ServicesPublic Aid. 21 (iv) Instructions concerning the opportunity 22 to speak, either by telephone or in person, with 23 staff of the Illinois Department of Human Services 24Public Aidwho are trained to clarify information 25 and answer questions about paternity establishment. 26 (v) Instructions for completing and signing 27 the acknowledgment of parentage and denial of 28 paternity. 29 (c) Provide an oral explanation of the documents 30 and instructions set forth in subdivision (5)(b), 31 including an explanation of the implications of, 32 alternatives to, legal consequences of, and the rights 33 and responsibilities that arise from signing an 34 acknowledgment of parentage and, if necessary, a denial -523- LRB9206615WHmb 1 of paternity. The oral explanation may be given in 2 person or through the use of video or audio equipment. 3 (6) The institution, State or local registrar, or county 4 clerk shall provide an opportunity for the child's father or 5 mother to sign a rescission of parentage. The signing and 6 witnessing of the rescission of parentage voids the 7 acknowledgment of parentage and nullifies the presumption of 8 paternity if executed and filed with the Illinois Department 9 of Human ServicesPublic Aidwithin the time frame contained 10 in Section 5 of the Illinois Parentage Act of 1984. The 11 Illinois Department of Human ServicesPublic Aidshall 12 furnish the rescission of parentage form to institutions, 13 county clerks, and State and local registrars' offices. The 14 form shall include instructions to send the original signed 15 and witnessed rescission of parentage to the Illinois 16 Department of Human ServicesPublic Aid. 17 (7) An acknowledgment of paternity signed pursuant to 18 Section 6 of the Illinois Parentage Act of 1984 may be 19 challenged in court only on the basis of fraud, duress, or 20 material mistake of fact, with the burden of proof upon the 21 challenging party. Pending outcome of a challenge to the 22 acknowledgment of paternity, the legal responsibilities of 23 the signatories shall remain in full force and effect, except 24 upon order of the court upon a showing of good cause. 25 (8) When the process for acknowledgment of parentage as 26 provided for under subsection (5) establishes the paternity 27 of a child whose certificate of birth is on file in another 28 state, the Illinois Department of Human ServicesPublic Aid29 shall forward a copy of the acknowledgment of parentage, the 30 denial of paternity, if applicable, and the rescission of 31 parentage, if applicable, to the birth record agency of the 32 state where the child's certificate of birth is on file. 33 (9) In the event the parent-child relationship has been 34 established in accordance with subdivision (a)(1) of Section -524- LRB9206615WHmb 1 6 of the Parentage Act of 1984, the names of the biological 2 mother and biological father so established shall be entered 3 on the child's birth certificate, and the names of the 4 surrogate mother and surrogate mother's husband, if any, 5 shall not be on the birth certificate. 6 (Source: P.A. 90-18, eff. 7-1-97; 90-790, eff. 8-14-98; 7 91-308, eff. 7-29-99.) 8 (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17) 9 Sec. 17. (1) For a person born in this State, the State 10 Registrar of Vital Records shall establish a new certificate 11 of birth when he receives any of the following: 12 (a) A certificate of adoption as provided in 13 Section 16 or a certified copy of the order of adoption 14 together with the information necessary to identify the 15 original certificate of birth and to establish the new 16 certificate of birth; except that a new certificate of 17 birth shall not be established if so requested by the 18 court ordering the adoption, the adoptive parents, or the 19 adopted person. 20 (b) A certificate of adoption or a certified copy 21 of the order of adoption entered in a court of competent 22 jurisdiction of any other state or country declaring 23 adopted a child born in the State of Illinois, together 24 with the information necessary to identify the original 25 certificate of birth and to establish the new certificate 26 of birth; except that a new certificate of birth shall 27 not be established if so requested by the court ordering 28 the adoption, the adoptive parents, or the adopted 29 person. 30 (c) A request that a new certificate be established 31 and such evidence as required by regulation proving that 32 such person has been legitimatized, or that the circuit 33 court, the Illinois Department of Human ServicesPublic-525- LRB9206615WHmb 1Aid, or a court or administrative agency of any other 2 state has established the paternity of such a person by 3 judicial or administrative processes or by voluntary 4 acknowledgment, which is accompanied by the social 5 security numbers of all persons determined and presumed 6 to be the parents. 7 (d) An affidavit by a physician that he has 8 performed an operation on a person, and that by reason of 9 the operation the sex designation on such person's birth 10 record should be changed. The State Registrar of Vital 11 Records may make any investigation or require any further 12 information he deems necessary. 13 Each request for a new certificate of birth shall be 14 accompanied by a fee of $15 and entitles the applicant to one 15 certification or certified copy of the new certificate. If 16 the request is for additional copies, it shall be accompanied 17 by a fee of $2 for each additional certification or certified 18 copy. 19 (2) When a new certificate of birth is established, the 20 actual place and date of birth shall be shown; provided, in 21 the case of adoption of a person born in this State by 22 parents who were residents of this State at the time of the 23 birth of the adopted person, the place of birth may be shown 24 as the place of residence of the adoptive parents at the time 25 of such person's birth, if specifically requested by them, 26 and any new certificate of birth established prior to the 27 effective date of this amendatory Act may be corrected 28 accordingly if so requested by the adoptive parents or the 29 adopted person when of legal age. The social security numbers 30 of the parents shall not be recorded on the certificate of 31 birth. The social security numbers may only be used for 32 purposes allowed under federal law. The new certificate shall 33 be substituted for the original certificate of birth: 34 (a) Thereafter, the original certificate and the -526- LRB9206615WHmb 1 evidence of adoption, paternity, legitimation, or sex 2 change shall not be subject to inspection or 3 certification except upon order of the circuit court or 4 as provided by regulation. 5 (b) Upon receipt of notice of annulment of 6 adoption, the original certificate of birth shall be 7 restored to its place in the files, and the new 8 certificate and evidence shall not be subject to 9 inspection or certification except upon order of the 10 circuit court. 11 (3) If no certificate of birth is on file for the person 12 for whom a new certificate is to be established under this 13 Section, a delayed record of birth shall be filed with the 14 State Registrar of Vital Records as provided in Section 14 or 15 Section 15 of this Act before a new certificate of birth is 16 established, except that when the date and place of birth and 17 parentage have been established in the adoption proceedings, 18 a delayed record shall not be required. 19 (4) When a new certificate of birth is established by 20 the State Registrar of Vital Records, all copies of the 21 original certificate of birth in the custody of any custodian 22 of permanent local records in this State shall be transmitted 23 to the State Registrar of Vital Records as directed, and 24 shall be sealed from inspection. 25 (5) Nothing in this Section shall be construed to 26 prohibit the amendment of a birth certificate in accordance 27 with subsection (6) of Section 22. 28 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626, 29 eff. 8-9-96; 90-18, eff. 7-1-97.) 30 (410 ILCS 535/22) (from Ch. 111 1/2, par. 73-22) 31 Sec. 22. (1) A certificate or record filed under this 32 Act may be amended only in accordance with this Act and such 33 regulations as the Department may adopt to protect the -527- LRB9206615WHmb 1 integrity of vital records. An application for an amendment 2 shall be accompanied by a fee of $15 which includes the 3 provision of one certification or certified copy of the 4 amended birth record. If the request is for additional 5 copies, it shall be accompanied by a fee of $2 for each 6 additional certification or certified copy. Such amendments 7 may only be made in connection with the original certificates 8 and may not be made on copies of such certificates without 9 the approval of the State Registrar of Vital Records. The 10 provisions of this Section shall also be applicable to a 11 certificate or record filed under any former Act relating to 12 the registration of births, stillbirths, and deaths. Any 13 original certificate or record filed with the county clerk 14 prior to January 1, 1916, may be amended by the county clerk 15 under the same provisions of this Section, or regulations 16 adopted pursuant thereto, as apply to the State Registrar of 17 Vital Records governing amendments to certificates or records 18 filed with the Department subsequent to December 31, 1915. 19 (2) A certificate that is amended under this Section 20 after its filing shall have the correction entered on its 21 face; shall clearly indicate that an amendment has been made; 22 and shall show the date of the amendment. A summary 23 description of the evidence submitted in support of an 24 amendment shall be permanently retained by the Department 25 either as an original record or in microphotographic form. 26 Documents from which such summary descriptions are made may 27 be returned by the Department to the person or persons 28 submitting them. The Department shall prescribe by 29 regulation the conditions under which, within one year after 30 the date of occurrence, additions or minor corrections may be 31 made without the certificate being considered amended. 32 (3) An amendment to a delayed birth registration 33 established under the provisions of Section 15 of this Act 34 may be made by the State Registrar of Vital Records only upon -528- LRB9206615WHmb 1 the basis of an order from the court which originally 2 established the facts of birth. 3 (4) Upon receipt of a certified copy of a court order 4 changing the name or names of a person born in this State, 5 the official custodian shall amend the original certificate 6 of birth to reflect the changes. 7 (5) (Blank). 8 (6) When the paternity of a child with a certificate of 9 birth on file in this State is established through voluntary 10 acknowledgment or by a court or administrative agency under 11 the laws of this or any other state, the State Registrar of 12 Vital Records shall amend the original record accordingly, 13 upon notification from a circuit court of this State or the 14 Illinois Department of Human ServicesPublic Aid, or upon 15 receipt of a certified copy of another state's acknowledgment 16 or judicial or administrative determination of paternity. 17 (7) Notwithstanding any other provision of this Act, if 18 an adopted person applies in accordance with this Section for 19 the amendment of the name on his or her birth certificate, 20 the State Registrar shall amend the birth certificate if the 21 person provides documentation or other evidence supporting 22 the application that would be deemed sufficient if the 23 documentation or evidence had been submitted in support of an 24 application by a person who has not been adopted. 25 (8) When paternity has been established after the birth 26 in accordance with Section 12, the State Registrar of Vital 27 Records shall amend the original record accordingly. 28 (9) Upon application by the parents not later than one 29 year after an acknowledgment of parentage under this Act or 30 the Illinois Public Aid Code or a judicial or administrative 31 determination or establishment of paternity or parentage, the 32 State Registrar of Vital Records shall amend the child's name 33 on the child's certificate of birth in accordance with the 34 application. No more than one application to change a -529- LRB9206615WHmb 1 child's name may be made under this subsection (9). 2 (10) When a certificate is amended by the State 3 Registrar of Vital Records under this Section, the State 4 Registrar of Vital Records shall furnish a copy of the 5 summary description to the custodian of any permanent local 6 records and such records shall be amended accordingly. 7 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626, 8 eff. 8-9-96; 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.) 9 (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24) 10 Sec. 24. (1) To protect the integrity of vital records, 11 to insure their proper use, and to insure the efficient and 12 proper administration of the vital records system, access to 13 vital records, and indexes thereof, including vital records 14 in the custody of local registrars and county clerks 15 originating prior to January 1, 1916, is limited to the 16 custodian and his employees, and then only for administrative 17 purposes, except that the indexes of those records in the 18 custody of local registrars and county clerks, originating 19 prior to January 1, 1916, shall be made available to persons 20 for the purpose of genealogical research. Original, 21 photographic or microphotographic reproductions of original 22 records of births 100 years old and older and deaths 50 years 23 old and older, and marriage records 75 years old and older on 24 file in the State Office of Vital Records and in the custody 25 of the county clerks may be made available for inspection in 26 the Illinois State Archives reference area, Illinois Regional 27 Archives Depositories, and other libraries approved by the 28 Illinois State Registrar and the Director of the Illinois 29 State Archives, provided that the photographic or 30 microphotographic copies are made at no cost to the county or 31 to the State of Illinois. It is unlawful for any custodian 32 to permit inspection of, or to disclose information contained 33 in, vital records, or to copy or permit to be copied, all or -530- LRB9206615WHmb 1 part of any such record except as authorized by this Act or 2 regulations adopted pursuant thereto. 3 (2) The State Registrar of Vital Records, or his agent, 4 and any municipal, county, multi-county, public health 5 district, or regional health officer recognized by the 6 Department may examine vital records for the purpose only of 7 carrying out the public health programs and responsibilities 8 under his jurisdiction. 9 (3) The State Registrar of Vital Records, may disclose, 10 or authorize the disclosure of, data contained in the vital 11 records when deemed essential for bona fide research purposes 12 which are not for private gain. 13 This amendatory Act of 1973 does not apply to any home 14 rule unit. 15 (4) The State Registrar shall exchange with the Illinois 16 Department of Human ServicesPublic Aidinformation that may 17 be necessary for the establishment of paternity and the 18 establishment, modification, and enforcement of child support 19 orders entered pursuant to the Illinois Public Aid Code, the 20 Illinois Marriage and Dissolution of Marriage Act, the 21 Non-Support of Spouse and Children Act, the Non-Support 22 Punishment Act, the Revised Uniform Reciprocal Enforcement of 23 Support Act, the Uniform Interstate Family Support Act, or 24 the Illinois Parentage Act of 1984. Notwithstanding any 25 provisions in this Act to the contrary, the State Registrar 26 shall not be liable to any person for any disclosure of 27 information to the Illinois Department of Human Services 28Public Aidunder this subsection or for any other action 29 taken in good faith to comply with the requirements of this 30 subsection. 31 (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.) 32 (410 ILCS 535/25.1) (from Ch. 111 1/2, par. 73-25.1) 33 Sec. 25.1. (a) When the State Registrar of Vital Records -531- LRB9206615WHmb 1 receives or prepares a death certificate the Registrar shall 2 make an appropriate notation in the birth certificate record 3 of that person that the person is deceased. The Registrar 4 shall also notify the appropriate municipal or county 5 custodian of such birth record that the person is deceased, 6 and such custodian shall likewise make an appropriate 7 notation in its records. 8 (b) In response to any inquiry, the Registrar or a 9 custodian shall not provide a copy of a birth certificate or 10 information concerning the birth record of any deceased 11 person except as provided in this subsection (b) or as 12 otherwise provided in this Act or as approved by the 13 Department. When a copy of the birth certificate of a 14 deceased person is requested, the Registrar or custodian 15 shall require the person making the request to complete an 16 information form, which shall be developed and furnished by 17 the Department and shall include, at a minimum, the name, 18 address, telephone number, social security number and 19 driver's license number of the person making the request. 20 Before furnishing the copy, the custodian shall prominently 21 stamp on the copy the word "DECEASED" and write or stamp on 22 the copy the date of death of the deceased person. The 23 custodian shall retain the information form completed by the 24 person making the request, and note on the birth certificate 25 record that such a request was made. The custodian shall 26 make the information form available to the Department of 27 State Police or any local law enforcement agency upon 28 request. A city or county custodian shall promptly submit 29 copies of all completed forms to the Registrar. 30 (c) The Registrar shall furnish, no later than 60 days 31 after receipt of a form used to request a birth certificate 32 record of a deceased person, a copy of the form and a copy of 33 the corresponding birth certificate record to theIllinois34Department of Public Aid and theDepartment of Human -532- LRB9206615WHmb 1 Services. TheIllinois Department of Public Aid and the2 Department of Human Services shall, upon receipt of such 3 information, check itstheirrecords to ensure that no claim 4 for public assistance under the Illinois Public Aid Code is 5 being made either by a person purporting to be the deceased 6 person or by any person on behalf of the deceased person. 7 (Source: P.A. 89-507, eff. 7-1-97.) 8 Section 410. The Illinois Vehicle Code is amended by 9 changing Sections 2-109.1, 2-123, 3-412, and 16-104b as 10 follows: 11 (625 ILCS 5/2-109.1) 12 Sec. 2-109.1. Exchange of information. 13 (a) The Secretary of State shall exchange information 14 with the Illinois Department of Human ServicesPublic Aid15 which may be necessary for the establishment of paternity and 16 the establishment, modification, and enforcement of child 17 support orders pursuant to the Illinois Public Aid Code, the 18 Illinois Marriage and Dissolution of Marriage Act, the 19 Non-Support of Spouse and Children Act, the Non-Support 20 Punishment Act, the Revised Uniform Reciprocal Enforcement of 21 Support Act, the Uniform Interstate Family Support Act, or 22 the Illinois Parentage Act of 1984. 23 (b) Notwithstanding any provisions in this Code to the 24 contrary, the Secretary of State shall not be liable to any 25 person for any disclosure of information to the Illinois 26 Department of Human ServicesPublic Aidunder subsection (a) 27 or for any other action taken in good faith to comply with 28 the requirements of subsection (a). 29 (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 7-1-00.) 30 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123) 31 Sec. 2-123. Sale and Distribution of Information. -533- LRB9206615WHmb 1 (a) Except as otherwise provided in this Section, the 2 Secretary may make the driver's license, vehicle and title 3 registration lists, in part or in whole, and any statistical 4 information derived from these lists available to local 5 governments, elected state officials, state educational 6 institutions, public libraries and all other governmental 7 units of the State and Federal Government requesting them for 8 governmental purposes. The Secretary shall require any such 9 applicant for services to pay for the costs of furnishing 10 such services and the use of the equipment involved, and in 11 addition is empowered to establish prices and charges for the 12 services so furnished and for the use of the electronic 13 equipment utilized. 14 (b) The Secretary is further empowered to and he may, in 15 his discretion, furnish to any applicant, other than listed 16 in subsection (a) of this Section, vehicle or driver data on 17 a computer tape, disk, or printout at a fixed fee of $250 in 18 advance and require in addition a further sufficient deposit 19 based upon the Secretary of State's estimate of the total 20 cost of the information requested and a charge of $25 per 21 1,000 units or part thereof identified or the actual cost, 22 whichever is greater. The Secretary is authorized to refund 23 any difference between the additional deposit and the actual 24 cost of the request. This service shall not be in lieu of an 25 abstract of a driver's record nor of a title or registration 26 search. The information sold pursuant to this subsection 27 shall be the entire vehicle or driver data list, or part 28 thereof. 29 (c) Secretary of State may issue registration lists. 30 The Secretary of State shall compile and publish, at least 31 annually, a list of all registered vehicles. Each list of 32 registered vehicles shall be arranged serially according to 33 the registration numbers assigned to registered vehicles and 34 shall contain in addition the names and addresses of -534- LRB9206615WHmb 1 registered owners and a brief description of each vehicle 2 including the serial or other identifying number thereof. 3 Such compilation may be in such form as in the discretion of 4 the Secretary of State may seem best for the purposes 5 intended. 6 (d) The Secretary of State shall furnish no more than 2 7 current available lists of such registrations to the sheriffs 8 of all counties and to the chiefs of police of all cities and 9 villages and towns of 2,000 population and over in this State 10 at no cost. Additional copies may be purchased at the fee of 11 $500 each or at the cost of producing the list as determined 12 by the Secretary of State. 13 (e) The Secretary of State shall upon written request 14 and the payment of the fee of $500 furnish the current 15 available list of such motor vehicle registrations to any 16 person so long as the supply of available registration lists 17 shall last. 18 (e-1) Commercial purchasers of driver and vehicle record 19 databases shall enter into a written agreement with the 20 Secretary of State that includes disclosure of the commercial 21 use of the intended purchase. Affected drivers, vehicle 22 owners, or registrants may request that their personally 23 identifiable information not be used for commercial 24 solicitation purposes. 25 (f) The Secretary of State shall make a title or 26 registration search of the records of his office and a 27 written report on the same for any person, upon written 28 application of such person, accompanied by a fee of $5 for 29 each registration or title search. No fee shall be charged 30 for a title or registration search, or for the certification 31 thereof requested by a government agency. 32 The Secretary of State shall certify a title or 33 registration record upon written request. The fee for 34 certification shall be $5 in addition to the fee required for -535- LRB9206615WHmb 1 a title or registration search. Certification shall be made 2 under the signature of the Secretary of State and shall be 3 authenticated by Seal of the Secretary of State. 4 The Secretary of State may notify the vehicle owner or 5 registrant of the request for purchase of his title or 6 registration information as the Secretary deems appropriate. 7 The vehicle owner or registrant residence address and 8 other personally identifiable information on the record shall 9 not be disclosed. This nondisclosure shall not apply to 10 requests made by law enforcement officials, government 11 agencies, financial institutions, attorneys, insurers, 12 employers, automobile associated businesses, other business 13 entities for purposes consistent with the Illinois Vehicle 14 Code, the vehicle owner or registrant, or other entities as 15 the Secretary may exempt by rule and regulation. This 16 information may be withheld from the entities listed above, 17 except law enforcement and government agencies upon 18 presentation of a valid court order of protection for the 19 duration of the order. 20 No information shall be released to the requestor until 21 expiration of a 10 day period. This 10 day period shall not 22 apply to requests for information made by law enforcement 23 officials, government agencies, financial institutions, 24 attorneys, insurers, employers, automobile associated 25 businesses, persons licensed as a private detective or firms 26 licensed as a private detective agency under the Private 27 Detective, Private Alarm, and Private Security Act of 1983, 28 who are employed by or are acting on behalf of law 29 enforcement officials, government agencies, financial 30 institutions, attorneys, insurers, employers, automobile 31 associated businesses, and other business entities for 32 purposes consistent with the Illinois Vehicle Code, the 33 vehicle owner or registrant or other entities as the 34 Secretary may exempt by rule and regulation. -536- LRB9206615WHmb 1 Any misrepresentation made by a requestor of title or 2 vehicle information shall be punishable as a petty offense, 3 except in the case of persons licensed as a private detective 4 or firms licensed as a private detective agency which shall 5 be subject to disciplinary sanctions under Section 22 or 25 6 of the Private Detective, Private Alarm, and Private Security 7 Act of 1983. 8 (g) 1. The Secretary of State may, upon receipt of a 9 written request and a fee of $6, furnish to the person or 10 agency so requesting a driver's record. Such document 11 may include a record of: current driver's license 12 issuance information, except that the information on 13 judicial driving permits shall be available only as 14 otherwise provided by this Code; convictions; orders 15 entered revoking, suspending or cancelling a driver's 16 license or privilege; and notations of accident 17 involvement. All other information, unless otherwise 18 permitted by this Code, shall remain confidential. 19 2. The Secretary of State may certify an abstract 20 of a driver's record upon written request therefor. 21 Such certification shall be made under the signature of 22 the Secretary of State and shall be authenticated by the 23 Seal of his office. 24 3. All requests for driving record information 25 shall be made in a manner prescribed by the Secretary. 26 The Secretary of State may notify the affected 27 driver of the request for purchase of his driver's record 28 as the Secretary deems appropriate. 29 The affected driver residence address and other 30 personally identifiable information on the record shall 31 not be disclosed. This nondisclosure shall not apply to 32 requests made by law enforcement officials, government 33 agencies, financial institutions, attorneys, insurers, 34 employers, automobile associated businesses, other -537- LRB9206615WHmb 1 business entities for purposes consistent with the 2 Illinois Vehicle Code, the affected driver, or other 3 entities as the Secretary may exempt by rule and 4 regulation. This information may be withheld from the 5 entities listed above, except law enforcement and 6 government agencies, upon presentation of a valid court 7 order of protection for the duration of the order. 8 No information shall be released to the requester 9 until expiration of a 10 day period. This 10 day period 10 shall not apply to requests for information made by law 11 enforcement officials, government agencies, financial 12 institutions, attorneys, insurers, employers, automobile 13 associated businesses, persons licensed as a private 14 detective or firms licensed as a private detective agency 15 under the Private Detective, Private Alarm, and Private 16 Security Act of 1983, who are employed by or are acting 17 on behalf of law enforcement officials, government 18 agencies, financial institutions, attorneys, insurers, 19 employers, automobile associated businesses, and other 20 business entities for purposes consistent with the 21 Illinois Vehicle Code, the affected driver or other 22 entities as the Secretary may exempt by rule and 23 regulation. 24 Any misrepresentation made by a requestor of driver 25 information shall be punishable as a petty offense, 26 except in the case of persons licensed as a private 27 detective or firms licensed as a private detective agency 28 which shall be subject to disciplinary sanctions under 29 Section 22 or 25 of the Private Detective, Private Alarm, 30 and Private Security Act of 1983. 31 4. The Secretary of State may furnish without fee, 32 upon the written request of a law enforcement agency, any 33 information from a driver's record on file with the 34 Secretary of State when such information is required in -538- LRB9206615WHmb 1 the enforcement of this Code or any other law relating to 2 the operation of motor vehicles, including records of 3 dispositions; documented information involving the use of 4 a motor vehicle; whether such individual has, or 5 previously had, a driver's license; and the address and 6 personal description as reflected on said driver's 7 record. 8 5. Except as otherwise provided in this Section, 9 the Secretary of State may furnish, without fee, 10 information from an individual driver's record on file, 11 if a written request therefor is submitted by any public 12 transit system or authority, public defender, law 13 enforcement agency, a state or federal agency, or an 14 Illinois local intergovernmental association, if the 15 request is for the purpose of a background check of 16 applicants for employment with the requesting agency, or 17 for the purpose of an official investigation conducted by 18 the agency, or to determine a current address for the 19 driver so public funds can be recovered or paid to the 20 driver, or for any other lawful purpose. 21 The Secretary may also furnish the courts a copy of 22 an abstract of a driver's record, without fee, subsequent 23 to an arrest for a violation of Section 11-501 or a 24 similar provision of a local ordinance. Such abstract 25 may include records of dispositions; documented 26 information involving the use of a motor vehicle as 27 contained in the current file; whether such individual 28 has, or previously had, a driver's license; and the 29 address and personal description as reflected on said 30 driver's record. 31 6. Any certified abstract issued by the Secretary 32 of State or transmitted electronically by the Secretary 33 of State pursuant to this Section, to a court or on 34 request of a law enforcement agency, for the record of a -539- LRB9206615WHmb 1 named person as to the status of the person's driver's 2 license shall be prima facie evidence of the facts 3 therein stated and if the name appearing in such abstract 4 is the same as that of a person named in an information 5 or warrant, such abstract shall be prima facie evidence 6 that the person named in such information or warrant is 7 the same person as the person named in such abstract and 8 shall be admissible for any prosecution under this Code 9 and be admitted as proof of any prior conviction or proof 10 of records, notices, or orders recorded on individual 11 driving records maintained by the Secretary of State. 12 7. Subject to any restrictions contained in the 13 Juvenile Court Act of 1987, and upon receipt of a proper 14 request and a fee of $6, the Secretary of State shall 15 provide a driver's record to the affected driver, or the 16 affected driver's attorney, upon verification. Such 17 record shall contain all the information referred to in 18 paragraph 1 of this subsection (g) plus: any recorded 19 accident involvement as a driver; information recorded 20 pursuant to subsection (e) of Section 6-117 and paragraph 21 (4) of subsection (a) of Section 6-204 of this Code. All 22 other information, unless otherwise permitted by this 23 Code, shall remain confidential. 24 (h) The Secretary shall not disclose social security 25 numbers except pursuant to a written request by, or with the 26 prior written consent of, the individual except: (1) to 27 officers and employees of the Secretary who have a need to 28 know the social security numbers in performance of their 29 official duties, (2) to law enforcement officials for a 30 lawful, civil or criminal law enforcement investigation, and 31 if the head of the law enforcement agency has made a written 32 request to the Secretary specifying the law enforcement 33 investigation for which the social security numbers are being 34 sought, (3) to the United States Department of -540- LRB9206615WHmb 1 Transportation, or any other State, pursuant to the 2 administration and enforcement of the Commercial Motor 3 Vehicle Safety Act of 1986, (4) pursuant to the order of a 4 court of competent jurisdiction, or (5) to the Department of 5 Human ServicesPublic Aidfor utilization in the child 6 support enforcement duties assigned to that Department under 7 provisions of the Public Aid Code after the individual has 8 received advanced meaningful notification of what 9 redisclosure is sought by the Secretary in accordance with 10 the federal Privacy Act; provided, the redisclosure shall not 11 be authorized by the Secretary prior to September 30, 1992. 12 (i) The Secretary of State is empowered to promulgate 13 rules and regulations to effectuate this Section. 14 (j) Medical statements or medical reports received in 15 the Secretary of State's Office shall be confidential. No 16 confidential information may be open to public inspection or 17 the contents disclosed to anyone, except officers and 18 employees of the Secretary who have a need to know the 19 information contained in the medical reports and the Driver 20 License Medical Advisory Board, unless so directed by an 21 order of a court of competent jurisdiction. 22 (k) All fees collected under this Section shall be paid 23 into the Road Fund of the State Treasury, except that $3 of 24 the $6 fee for a driver's record shall be paid into the 25 Secretary of State Special Services Fund. 26 (l) The Secretary of State shall report his 27 recommendations to the General Assembly by January 1, 1993, 28 regarding the sale and dissemination of the information 29 maintained by the Secretary, including the sale of lists of 30 driver and vehicle records. 31 (m) Notations of accident involvement that may be 32 disclosed under this Section shall not include notations 33 relating to damage to a vehicle or other property being 34 transported by a tow truck. This information shall remain -541- LRB9206615WHmb 1 confidential, provided that nothing in this subsection (m) 2 shall limit disclosure of any notification of accident 3 involvement to any law enforcement agency or official. 4 (n) Requests made by the news media for driver's 5 license, vehicle, or title registration information may be 6 furnished without charge or at a reduced charge, as 7 determined by the Secretary, when the specific purpose for 8 requesting the documents is deemed to be in the public 9 interest. Waiver or reduction of the fee is in the public 10 interest if the principal purpose of the request is to access 11 and disseminate information regarding the health, safety, and 12 welfare or the legal rights of the general public and is not 13 for the principal purpose of gaining a personal or commercial 14 benefit. 15 (Source: P.A. 90-144, eff. 7-23-97; 90-330, eff. 8-8-97; 16 90-400, eff. 8-15-97; 90-655, eff. 7-30-98; 91-37, eff. 17 7-1-99; 91-357, eff. 7-29-99; 91-716, eff. 10-1-00.) 18 (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412) 19 Sec. 3-412. Registration plates and registration 20 stickers to be furnished by the Secretary of State. 21 (a) The Secretary of State upon registering a vehicle 22 subject to annual registration for the first time shall 23 issue or shall cause to be issued to the owner one 24 registration plate for a motorcycle, trailer, semitrailer, 25 motorized pedalcycle or truck-tractor, 2 registration plates 26 for other motor vehicles and, where applicable, current 27 registration stickers for motor vehicles of the first 28 division. The provisions of this Section may be made 29 applicable to such vehicles of the second division, as the 30 Secretary of State may, from time to time, in his discretion 31 designate. On subsequent annual registrations during the term 32 of the registration plate as provided in Section 3-414.1, the 33 Secretary shall issue or cause to be issued registration -542- LRB9206615WHmb 1 stickers as evidence of current registration. However, the 2 issuance of annual registration stickers to vehicles 3 registered under the provisions of Section 3-402.1 of this 4 Code may not be required if the Secretary deems the issuance 5 unnecessary. 6 (b) Every registration plate shall have displayed upon 7 it the registration number assigned to the vehicle for which 8 it is issued, the name of this State, which may be 9 abbreviated, the year number for which it was issued, which 10 may be abbreviated, the phrase "Land of Lincoln", except as 11 provided in Sections 3-626, 3-629, 3-633, 3-634, 3-637, 12 3-638, and 3-642, and such other letters or numbers as the 13 Secretary may prescribe. However, for apportionment plates 14 issued to vehicles registered under Section 3-402.1, the 15 phrase "Land of Lincoln" may be omitted to allow for the word 16 "apportioned" to be displayed. The Secretary may in his 17 discretion prescribe that letters be used as prefixes only on 18 registration plates issued to vehicles of the first division 19 which are registered under this Code and only as suffixes on 20 registration plates issued to other vehicles. Every 21 registration sticker issued as evidence of current 22 registration shall designate the year number for which it is 23 issued and such other letters or numbers as the Secretary may 24 prescribe and shall be of a contrasting color with the 25 registration plates and registration stickers of the previous 26 year. 27 (c) Each registration plate and the required letters and 28 numerals thereon, except the year number for which issued, 29 shall be of sufficient size to be plainly readable from a 30 distance of 100 feet during daylight, and shall be coated 31 with reflectorizing material. The dimensions of the plate 32 issued to vehicles of the first division shall be 6 by 12 33 inches. 34 (d) The Secretary of State shall issue for every -543- LRB9206615WHmb 1 passenger motor vehicle rented without a driver the same type 2 of registration plates as the type of plates issued for a 3 private passenger vehicle. 4 (e) The Secretary of State shall issue for every 5 passenger car used as a taxicab or livery, distinctive 6 registration plates. 7 (f) The Secretary of State shall issue for every 8 motorcycle distinctive registration plates distinguishing 9 between motorcycles having 150 or more cubic centimeters 10 piston displacement, or having less than 150 cubic centimeter 11 piston displacement. 12 (g) Registration plates issued to vehicles for-hire may 13 display a designation as determined by the Secretary that 14 such vehicles are for-hire. 15 (h) The Secretary of State shall issue for each electric 16 vehicle distinctive registration plates which shall 17 distinguish between electric vehicles having a maximum 18 operating speed of 45 miles per hour or more and those having 19 a maximum operating speed of less than 45 miles per hour. 20 (i) The Secretary of State shall issue for every public 21 and private ambulance registration plates identifying the 22 vehicle as an ambulance. The Secretary shall forward to the 23 Department of Human ServicesPublic Aidregistration 24 information for the purpose of verification of claims filed 25 with the Department by ambulance owners for payment for 26 services to public assistance recipients. 27 (j) The Secretary of State shall issue for every public 28 and private medical carrier or rescue vehicle livery 29 registration plates displaying numbers within ranges of 30 numbers reserved respectively for medical carriers and rescue 31 vehicles. The Secretary shall forward to the Department of 32 Human ServicesPublic Aidregistration information for the 33 purpose of verification of claims filed with the Department 34 by owners of medical carriers or rescue vehicles for payment -544- LRB9206615WHmb 1 for services to public assistance recipients. 2 (Source: P.A. 89-424, eff. 6-1-96; 89-564, eff. 7-1-97; 3 89-612, eff. 8-9-96; 89-621, eff. 1-1-97; 89-639, eff. 4 1-1-97; 90-14, eff. 7-1-97; 90-533, eff. 11-14-97; 90-655, 5 eff. 7-30-98.) 6 (625 ILCS 5/16-104b) 7 Sec. 16-104b. Amounts for Trauma Center Fund. In 8 counties that have elected not to distribute moneys under the 9 disbursement formulas in Sections 27.5 and 27.6 of the Clerks 10 of Courts Act, the Circuit Clerk of the County, when 11 collecting fees, fines, costs, additional penalties, bail 12 balances assessed or forfeited, and any other amount imposed 13 upon a conviction of or an order of supervision for a 14 violation of laws or ordinances regulating the movement of 15 traffic that amounts to $55 or more, shall remit $5 of the 16 total amount collected, less 2 1/2% of the $5 to help defray 17 the administrative costs incurred by the Clerk, except that 18 upon a conviction or order of supervision for driving under 19 the influence of alcohol or drugs the Clerk shall remit $30 20 of the total amount collected ($5 for a traffic violation 21 that amounts to $55 or more and an additional fee of $25 to 22 be collected by the Circuit Clerk for a conviction or order 23 of supervision for driving under the influence of alcohol or 24 drugs), less the 2 1/2%, within 60 days to the State 25 Treasurer to be deposited into the Trauma Center Fund. Of the 26 amounts deposited into the Trauma Center Fund under this 27 Section, 50% shall be disbursed to the Department of Public 28 Health and 50% shall be disbursed to the Department of Human 29 ServicesPublic Aid. Not later than March 1 of each year the 30 Circuit Clerk shall submit a report of the amount of funds 31 remitted to the State Treasurer under this Section during the 32 preceding calendar year. 33 (Source: P.A. 88-667, eff. 9-16-94; 89-105, eff. 1-1-96.) -545- LRB9206615WHmb 1 Section 415. The Clerks of Courts Act is amended by 2 changing Section 27.6 as follows: 3 (705 ILCS 105/27.6) 4 Sec. 27.6. (a) All fees, fines, costs, additional 5 penalties, bail balances assessed or forfeited, and any other 6 amount paid by a person to the circuit clerk equalling an 7 amount of $55 or more, except the additional fee required by 8 subsections (b) and (c), restitution under Section 5-5-6 of 9 the Unified Code of Corrections, reimbursement for the costs 10 of an emergency response as provided under Section 5-5-3 of 11 the Unified Code of Corrections, any fees collected for 12 attending a traffic safety program under paragraph (c) of 13 Supreme Court Rule 529, any fee collected on behalf of a 14 State's Attorney under Section 4-2002 of the Counties Code or 15 a sheriff under Section 4-5001 of the Counties Code, or any 16 cost imposed under Section 124A-5 of the Code of Criminal 17 Procedure of 1963, for convictions, orders of supervision, or 18 any other disposition for a violation of Chapters 3, 4, 6, 19 11, and 12 of the Illinois Vehicle Code, or a similar 20 provision of a local ordinance, and any violation of the 21 Child Passenger Protection Act, or a similar provision of a 22 local ordinance, shall be disbursed within 60 days after 23 receipt by the circuit clerk as follows: 44.5% shall be 24 disbursed to the entity authorized by law to receive the fine 25 imposed in the case; 16.825% shall be disbursed to the State 26 Treasurer; and 38.675% shall be disbursed to the county's 27 general corporate fund. Of the 16.825% disbursed to the State 28 Treasurer, 2/17 shall be deposited by the State Treasurer 29 into the Violent Crime Victims Assistance Fund, 5.052/17 30 shall be deposited into the Traffic and Criminal Conviction 31 Surcharge Fund, 3/17 shall be deposited into the Drivers 32 Education Fund, and 6.948/17 shall be deposited into the 33 Trauma Center Fund. Of the 6.948/17 deposited into the Trauma -546- LRB9206615WHmb 1 Center Fund from the 16.825% disbursed to the State 2 Treasurer, 50% shall be disbursed to the Department of Public 3 Health and 50% shall be disbursed to the Department of Human 4 ServicesPublic Aid. For fiscal year 1993, amounts deposited 5 into the Violent Crime Victims Assistance Fund, the Traffic 6 and Criminal Conviction Surcharge Fund, or the Drivers 7 Education Fund shall not exceed 110% of the amounts deposited 8 into those funds in fiscal year 1991. Any amount that 9 exceeds the 110% limit shall be distributed as follows: 50% 10 shall be disbursed to the county's general corporate fund and 11 50% shall be disbursed to the entity authorized by law to 12 receive the fine imposed in the case. Not later than March 1 13 of each year the circuit clerk shall submit a report of the 14 amount of funds remitted to the State Treasurer under this 15 Section during the preceding year based upon independent 16 verification of fines and fees. All counties shall be 17 subject to this Section, except that counties with a 18 population under 2,000,000 may, by ordinance, elect not to be 19 subject to this Section. For offenses subject to this 20 Section, judges shall impose one total sum of money payable 21 for violations. The circuit clerk may add on no additional 22 amounts except for amounts that are required by Sections 23 27.3a and 27.3c of this Act, unless those amounts are 24 specifically waived by the judge. With respect to money 25 collected by the circuit clerk as a result of forfeiture of 26 bail, ex parte judgment or guilty plea pursuant to Supreme 27 Court Rule 529, the circuit clerk shall first deduct and pay 28 amounts required by Sections 27.3a and 27.3c of this Act. 29 This Section is a denial and limitation of home rule powers 30 and functions under subsection (h) of Section 6 of Article 31 VII of the Illinois Constitution. 32 (b) In addition to any other fines and court costs 33 assessed by the courts, any person convicted or receiving an 34 order of supervision for driving under the influence of -547- LRB9206615WHmb 1 alcohol or drugs shall pay an additional fee of $25 to the 2 clerk of the circuit court. This amount, less 2 1/2% that 3 shall be used to defray administrative costs incurred by the 4 clerk, shall be remitted by the clerk to the Treasurer within 5 60 days after receipt for deposit into the Trauma Center 6 Fund. This additional fee of $25 shall not be considered a 7 part of the fine for purposes of any reduction in the fine 8 for time served either before or after sentencing. Not later 9 than March 1 of each year the Circuit Clerk shall submit a 10 report of the amount of funds remitted to the State Treasurer 11 under this subsection during the preceding calendar year. 12 (c) In addition to any other fines and court costs 13 assessed by the courts, any person convicted for a violation 14 of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 15 1961 or a person sentenced for a violation of the Cannabis 16 Control Act or the Controlled Substance Act shall pay an 17 additional fee of $100 to the clerk of the circuit court. 18 This amount, less 2 1/2% that shall be used to defray 19 administrative costs incurred by the clerk, shall be remitted 20 by the clerk to the Treasurer within 60 days after receipt 21 for deposit into the Trauma Center Fund. This additional fee 22 of $100 shall not be considered a part of the fine for 23 purposes of any reduction in the fine for time served either 24 before or after sentencing. Not later than March 1 of each 25 year the Circuit Clerk shall submit a report of the amount of 26 funds remitted to the State Treasurer under this subsection 27 during the preceding calendar year. 28 (Source: P.A. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96; 29 89-516, eff. 7-18-96; 89-626, eff. 8-9-96.) 30 Section 420. The Attorney Act is amended by changing 31 Section 1 as follows: 32 (705 ILCS 205/1) (from Ch. 13, par. 1) -548- LRB9206615WHmb 1 Sec. 1. No person shall be permitted to practice as an 2 attorney or counselor at law within this State without having 3 previously obtained a license for that purpose from the 4 Supreme Court of this State. 5 No person shall receive any compensation directly or 6 indirectly for any legal services other than a regularly 7 licensed attorney. 8 A license, as provided for herein, constitutes the person 9 receiving the same an attorney and counselor at law, 10 according to the law and customs thereof, for and during his 11 good behavior in the practice and authorizes him to demand 12 and receive fees for any services which he may render as an 13 attorney and counselor at law in this State. No person shall 14 be granted a license or renewal authorized by this Act who 15 has defaulted on an educational loan guaranteed by the 16 Illinois Student Assistance Commission; however, a license or 17 renewal may be issued to the aforementioned persons who have 18 established a satisfactory repayment record as determined by 19 the Illinois Student Assistance Commission. No person shall 20 be granted a license or renewal authorized by this Act who is 21 more than 30 days delinquent in complying with a child 22 support order; a license or renewal may be issued, however, 23 if the person has established a satisfactory repayment record 24 as determined (i) by the Illinois Department of Human 25 ServicesPublic Aidfor cases being enforced under Article X 26 of the Illinois Public Aid Code or (ii) in all other cases by 27 order of court or by written agreement between the custodial 28 parent and non-custodial parent. No person shall be refused a 29 license under this Act on account of sex. 30 Any person practicing, charging or receiving fees for 31 legal services within this State, either directly or 32 indirectly, without being licensed to practice as herein 33 required, is guilty of contempt of court and shall be 34 punished accordingly, upon complaint being filed in any -549- LRB9206615WHmb 1 Circuit Court of this State. Such proceedings shall be 2 conducted in the Courts of the respective counties where the 3 alleged contempt has been committed in the same manner as in 4 cases of indirect contempt and with the right of review by 5 the parties thereto. 6 The provisions of this Act shall be in addition to other 7 remedies permitted by law and shall not be construed to 8 deprive courts of this State of their inherent right to 9 punish for contempt or to restrain the unauthorized practice 10 of law. 11 Nothing in this Act shall be construed to prohibit 12 representation of a party by a person who is not an attorney 13 in a proceeding before either panel of the Illinois Labor 14 Relations Board under the Illinois Public Labor Relations 15 Act, as now or hereafter amended, the Illinois Educational 16 Labor Relations Board under the Illinois Educational Labor 17 Relations Act, as now or hereafter amended, the State Civil 18 Service Commission, the local Civil Service Commissions, or 19 the University Civil Service Merit Board, to the extent 20 allowed pursuant to rules and regulations promulgated by 21 those Boards and Commissions. 22 (Source: P.A. 91-798, eff. 7-9-00.) 23 Section 425. The Juvenile Court Act of 1987 is amended 24 by changing Section 6-9 as follows: 25 (705 ILCS 405/6-9) (from Ch. 37, par. 806-9) 26 Sec. 6-9. Enforcement of liability of parents and 27 others. 28 (1) If parentage is at issue in any proceeding under 29 this Act, the Illinois Parentage Act of 1984 shall apply and 30 the court shall enter orders consistent with that Act. If it 31 appears at any hearing that a parent or any other person 32 named in the petition, liable under the law for the support -550- LRB9206615WHmb 1 of the minor, is able to contribute to his or her support, 2 the court shall enter an order requiring that parent or other 3 person to pay the clerk of the court, or to the guardian or 4 custodian appointed under Sections 2-27, 3-28, 4-25 or 5-740, 5 a reasonable sum from time to time for the care, support and 6 necessary special care or treatment, of the minor. If the 7 court determines at any hearing that a parent or any other 8 person named in the petition, liable under the law for the 9 support of the minor, is able to contribute to help defray 10 the costs associated with the minor's detention in a county 11 or regional detention center, the court shall enter an order 12 requiring that parent or other person to pay the clerk of the 13 court a reasonable sum for the care and support of the minor. 14 The court may require reasonable security for the payments. 15 Upon failure to pay, the court may enforce obedience to the 16 order by a proceeding as for contempt of court. 17 If it appears that the person liable for the support of 18 the minor is able to contribute to legal fees for 19 representation of the minor, the court shall enter an order 20 requiring that person to pay a reasonable sum for the 21 representation, to the attorney providing the representation 22 or to the clerk of the court for deposit in the appropriate 23 account or fund. The sum may be paid as the court directs, 24 and the payment thereof secured and enforced as provided in 25 this Section for support. 26 If it appears at the detention or shelter care hearing of 27 a minor before the court under Section 5-501 that a parent or 28 any other person liable for support of the minor is able to 29 contribute to his or her support, that parent or other person 30 shall be required to pay a fee for room and board at a rate 31 not to exceed $10 per day established, with the concurrence 32 of the chief judge of the judicial circuit, by the county 33 board of the county in which the minor is detained unless the 34 court determines that it is in the best interest and welfare -551- LRB9206615WHmb 1 of the minor to waive the fee. The concurrence of the chief 2 judge shall be in the form of an administrative order. Each 3 week, on a day designated by the clerk of the circuit court, 4 that parent or other person shall pay the clerk for the 5 minor's room and board. All fees for room and board 6 collected by the circuit court clerk shall be disbursed into 7 the separate county fund under Section 6-7. 8 Upon application, the court shall waive liability for 9 support or legal fees under this Section if the parent or 10 other person establishes that he or she is indigent and 11 unable to pay the incurred liability, and the court may 12 reduce or waive liability if the parent or other person 13 establishes circumstances showing that full payment of 14 support or legal fees would result in financial hardship to 15 the person or his or her family. 16 (2) When a person so ordered to pay for the care and 17 support of a minor is employed for wages, salary or 18 commission, the court may order him to make the support 19 payments for which he is liable under this Act out of his 20 wages, salary or commission and to assign so much thereof as 21 will pay the support. The court may also order him to make 22 discovery to the court as to his place of employment and the 23 amounts earned by him. Upon his failure to obey the orders of 24 court he may be punished as for contempt of court. 25 (3) If the minor is a recipient of public aid under the 26 Illinois Public Aid Code, the court shall order that payments 27 made by a parent or through assignment of his wages, salary 28 or commission be made directly to (a) the Illinois Department 29 of Human ServicesPublic Aidif the minor is a recipient of 30 aid under Article V of the Code, (b) the Department of Human 31 Services if the minor is a recipient of aid under Article IV 32 of the Code, or (c) the local governmental unit responsible 33 for the support of the minor if he is a recipient under 34 Articles VI or VII of the Code. The order shall permit the -552- LRB9206615WHmb 1Illinois Department of Public Aid, theDepartment of Human 2 Services,or the local governmental unit, as the case may be, 3 to direct that subsequent payments be made directly to the 4 guardian or custodian of the minor, or to some other person 5 or agency in the minor's behalf, upon removal of the minor 6 from the public aid rolls; and upon such direction and 7 removal of the minor from the public aid rolls, theIllinois8Department of Public Aid,Department of Human Services,or 9 local governmental unit, as the case requires, shall give 10 written notice of such action to the court. Payments received 11 by theIllinois Department of Public Aid,Department of Human 12 Services,or local governmental unit are to be covered, 13 respectively, into the General Revenue Fund of the State 14 Treasury or General Assistance Fund of the governmental unit, 15 as provided in Section 10-19 of the Illinois Public Aid Code. 16 (Source: P.A. 90-157, eff. 1-1-98; 90-483, eff. 1-1-98; 17 90-590, eff. 1-1-99; 90-655, eff. 7-30-98; 91-357, eff. 18 7-29-99.) 19 Section 430. The Court of Claims Act is amended by 20 changing Section 21 as follows: 21 (705 ILCS 505/21) (from Ch. 37, par. 439.21) 22 Sec. 21. The court is authorized to impose, by uniform 23 rules, a fee of $15 for the filing of a petition in any case 24 in which the award sought is more than $50 and less than 25 $1,000 and $35 in any case in which the award sought is 26 $1,000 or more; and to charge and collect for copies of 27 opinions or other documents filed in the Court of Claims such 28 fees as may be prescribed by the rules of the Court. All fees 29 and charges so collected shall be forthwith paid into the 30 State Treasury. 31 A petitioner who is a prisoner in an Illinois Department 32 of Corrections facility who files a pleading, motion, or -553- LRB9206615WHmb 1 other filing that purports to be a legal document against the 2 State, the Illinois Department of Corrections, the Prisoner 3 Review Board, or any of their officers or employees in which 4 the court makes a specific finding that it is frivolous shall 5 pay all filing fees and court costs in the manner provided in 6 Article XXII of the Code of Civil Procedure. 7 In claims based upon lapsed appropriations or lost 8 warrant or in claims filed under the Law Enforcement 9 Officers, Civil Defense Workers, Civil Air Patrol Members, 10 Paramedics, Firemen, Chaplains, and State Employees 11 Compensation Act, the Illinois National Guardsman's 12 Compensation Act, or the Crime Victims Compensation Act or in 13 claims filed by medical vendors for medical services rendered 14 by the claimant to persons eligible for Medical Assistance 15 under programs administered by the Illinois Department of 16 Human ServicesPublic Aid, no filing fee shall be required. 17 (Source: P.A. 90-492, eff. 8-17-97; 90-505, eff. 8-19-97; 18 90-655, eff. 7-30-98.) 19 Section 435. The Criminal Code of 1961 is amended by 20 changing Sections 12-2 and 12-4 as follows: 21 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2) 22 Sec. 12-2. Aggravated assault. 23 (a) A person commits an aggravated assault, when, in 24 committing an assault, he: 25 (1) Uses a deadly weapon or any device manufactured 26 and designed to be substantially similar in appearance to 27 a firearm, other than by discharging a firearm in the 28 direction of another person, a peace officer, a person 29 summoned or directed by a peace officer, a correctional 30 officer or a fireman or in the direction of a vehicle 31 occupied by another person, a peace officer, a person 32 summoned or directed by a peace officer, a correctional -554- LRB9206615WHmb 1 officer or a fireman while the officer or fireman is 2 engaged in the execution of any of his official duties, 3 or to prevent the officer or fireman from performing his 4 official duties, or in retaliation for the officer or 5 fireman performing his official duties; 6 (2) Is hooded, robed or masked in such manner as to 7 conceal his identity or any device manufactured and 8 designed to be substantially similar in appearance to a 9 firearm; 10 (3) Knows the individual assaulted to be a teacher 11 or other person employed in any school and such teacher 12 or other employee is upon the grounds of a school or 13 grounds adjacent thereto, or is in any part of a building 14 used for school purposes; 15 (4) Knows the individual assaulted to be a 16 supervisor, director, instructor or other person employed 17 in any park district and such supervisor, director, 18 instructor or other employee is upon the grounds of the 19 park or grounds adjacent thereto, or is in any part of a 20 building used for park purposes; 21 (5) Knows the individual assaulted to be a 22 caseworker, investigator, or other person employed bythe23State Department of Public Aid,a County Department of 24 Public Aid,or the Department of Human Services (acting 25 as successor to the Illinois Department of Public Aid 26 under the Department of Human Services Act) and such 27 caseworker, investigator, or other person is upon the 28 grounds of a public aid office or grounds adjacent 29 thereto, or is in any part of a building used for public 30 aid purposes, or upon the grounds of a home of a public 31 aid applicant, recipient or any other person being 32 interviewed or investigated in the employees' discharge 33 of his duties, or on grounds adjacent thereto, or is in 34 any part of a building in which the applicant, recipient, -555- LRB9206615WHmb 1 or other such person resides or is located; 2 (6) Knows the individual assaulted to be a peace 3 officer, or a community policing volunteer, or a fireman 4 while the officer or fireman is engaged in the execution 5 of any of his official duties, or to prevent the officer, 6 community policing volunteer, or fireman from performing 7 his official duties, or in retaliation for the officer, 8 community policing volunteer, or fireman performing his 9 official duties, and the assault is committed other than 10 by the discharge of a firearm in the direction of the 11 officer or fireman or in the direction of a vehicle 12 occupied by the officer or fireman; 13 (7) Knows the individual assaulted to be an 14 emergency medical technician - ambulance, emergency 15 medical technician - intermediate, emergency medical 16 technician - paramedic, ambulance driver or other medical 17 assistance or first aid personnel employed by a 18 municipality or other governmental unit engaged in the 19 execution of any of his official duties, or to prevent 20 the emergency medical technician - ambulance, emergency 21 medical technician - intermediate, emergency medical 22 technician - paramedic, ambulance driver, or other 23 medical assistance or first aid personnel from performing 24 his official duties, or in retaliation for the emergency 25 medical technician - ambulance, emergency medical 26 technician - intermediate, emergency medical technician - 27 paramedic, ambulance driver, or other medical assistance 28 or first aid personnel performing his official duties; 29 (8) Knows the individual assaulted to be the 30 driver, operator, employee or passenger of any 31 transportation facility or system engaged in the business 32 of transportation of the public for hire and the 33 individual assaulted is then performing in such capacity 34 or then using such public transportation as a passenger -556- LRB9206615WHmb 1 or using any area of any description designated by the 2 transportation facility or system as a vehicle boarding, 3 departure, or transfer location; 4 (9) Or the individual assaulted is on or about a 5 public way, public property, or public place of 6 accommodation or amusement; 7 (10) Knows the individual assaulted to be an 8 employee of the State of Illinois, a municipal 9 corporation therein or a political subdivision thereof, 10 engaged in the performance of his authorized duties as 11 such employee; 12 (11) Knowingly and without legal justification, 13 commits an assault on a physically handicapped person; 14 (12) Knowingly and without legal justification, 15 commits an assault on a person 60 years of age or older; 16 (13) Discharges a firearm; 17 (14) Knows the individual assaulted to be a 18 correctional officer, while the officer is engaged in the 19 execution of any of his or her official duties, or to 20 prevent the officer from performing his or her official 21 duties, or in retaliation for the officer performing his 22 or her official duties; or 23 (15) Knows the individual assaulted to be a 24 correctional employee, while the employee is engaged in 25 the execution of any of his or her official duties, or to 26 prevent the employee from performing his or her official 27 duties, or in retaliation for the employee performing his 28 or her official duties, and the assault is committed 29 other than by the discharge of a firearm in the direction 30 of the employee or in the direction of a vehicle occupied 31 by the employee. 32 (a-5) A person commits an aggravated assault when he or 33 she knowingly and without lawful justification shines or 34 flashes a laser gunsight or other laser device that is -557- LRB9206615WHmb 1 attached or affixed to a firearm, or used in concert with a 2 firearm, so that the laser beam strikes near or in the 3 immediate vicinity of any person. 4 (b) Sentence. 5 Aggravated assault as defined in paragraphs (1) through 6 (5) and (7) through (12) of subsection (a) of this Section is 7 a Class A misdemeanor. Aggravated assault as defined in 8 paragraphs (13), (14), and (15) of subsection (a) of this 9 Section and as defined in subsection (a-5) of this Section is 10 a Class 4 felony. Aggravated assault as defined in paragraph 11 (6) of subsection (a) of this Section is a Class A 12 misdemeanor if a firearm is not used in the commission of the 13 assault. Aggravated assault as defined in paragraph (6) of 14 subsection (a) of this Section is a Class 4 felony if a 15 firearm is used in the commission of the assault. 16 (Source: P.A. 90-406, eff. 8-15-97; 90-651, eff. 1-1-99; 17 91-672, eff. 1-1-00.) 18 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4) 19 Sec. 12-4. Aggravated Battery. 20 (a) A person who, in committing a battery, intentionally 21 or knowingly causes great bodily harm, or permanent 22 disability or disfigurement commits aggravated battery. 23 (b) In committing a battery, a person commits aggravated 24 battery if he or she: 25 (1) Uses a deadly weapon other than by the 26 discharge of a firearm; 27 (2) Is hooded, robed or masked, in such manner as 28 to conceal his identity; 29 (3) Knows the individual harmed to be a teacher or 30 other person employed in any school and such teacher or 31 other employee is upon the grounds of a school or grounds 32 adjacent thereto, or is in any part of a building used 33 for school purposes; -558- LRB9206615WHmb 1 (4) Knows the individual harmed to be a supervisor, 2 director, instructor or other person employed in any park 3 district and such supervisor, director, instructor or 4 other employee is upon the grounds of the park or grounds 5 adjacent thereto, or is in any part of a building used 6 for park purposes; 7 (5) Knows the individual harmed to be a caseworker, 8 investigator, or other person employed bythe State9Department of Public Aid,a County Department of Public 10 Aid,or the Department of Human Services (acting as 11 successor to the Illinois Department of Public Aid under 12 the Department of Human Services Act) and such 13 caseworker, investigator, or other person is upon the 14 grounds of a public aid office or grounds adjacent 15 thereto, or is in any part of a building used for public 16 aid purposes, or upon the grounds of a home of a public 17 aid applicant, recipient, or any other person being 18 interviewed or investigated in the employee's discharge 19 of his duties, or on grounds adjacent thereto, or is in 20 any part of a building in which the applicant, recipient, 21 or other such person resides or is located; 22 (6) Knows the individual harmed to be a peace 23 officer, a community policing volunteer, a correctional 24 institution employee, or a fireman while such officer, 25 volunteer, employee or fireman is engaged in the 26 execution of any official duties including arrest or 27 attempted arrest, or to prevent the officer, volunteer, 28 employee or fireman from performing official duties, or 29 in retaliation for the officer, volunteer, employee or 30 fireman performing official duties, and the battery is 31 committed other than by the discharge of a firearm; 32 (7) Knows the individual harmed to be an emergency 33 medical technician - ambulance, emergency medical 34 technician - intermediate, emergency medical technician - -559- LRB9206615WHmb 1 paramedic, ambulance driver, other medical assistance, 2 first aid personnel, or hospital emergency room personnel 3 engaged in the performance of any of his or her official 4 duties, or to prevent the emergency medical technician - 5 ambulance, emergency medical technician - intermediate, 6 emergency medical technician - paramedic, ambulance 7 driver, other medical assistance, first aid personnel, or 8 hospital emergency room personnel from performing 9 official duties, or in retaliation for performing 10 official duties; 11 (8) Is, or the person battered is, on or about a 12 public way, public property or public place of 13 accommodation or amusement; 14 (9) Knows the individual harmed to be the driver, 15 operator, employee or passenger of any transportation 16 facility or system engaged in the business of 17 transportation of the public for hire and the individual 18 assaulted is then performing in such capacity or then 19 using such public transportation as a passenger or using 20 any area of any description designated by the 21 transportation facility or system as a vehicle boarding, 22 departure, or transfer location; 23 (10) Knowingly and without legal justification and 24 by any means causes bodily harm to an individual of 60 25 years of age or older; 26 (11) Knows the individual harmed is pregnant; 27 (12) Knows the individual harmed to be a judge whom 28 the person intended to harm as a result of the judge's 29 performance of his or her official duties as a judge; 30 (13) Knows the individual harmed to be an employee 31 of the Illinois Department of Children and Family 32 Services engaged in the performance of his authorized 33 duties as such employee; 34 (14) Knows the individual harmed to be a person who -560- LRB9206615WHmb 1 is physically handicapped; or 2 (15) Knowingly and without legal justification and 3 by any means causes bodily harm to a merchant who detains 4 the person for an alleged commission of retail theft 5 under Section 16A-5 of this Code. In this item (15), 6 "merchant" has the meaning ascribed to it in Section 7 16A-2.4 of this Code. 8 For the purpose of paragraph (14) of subsection (b) of 9 this Section, a physically handicapped person is a person who 10 suffers from a permanent and disabling physical 11 characteristic, resulting from disease, injury, functional 12 disorder or congenital condition. 13 (c) A person who administers to an individual or causes 14 him to take, without his consent or by threat or deception, 15 and for other than medical purposes, any intoxicating, 16 poisonous, stupefying, narcotic, anesthetic, or controlled 17 substance commits aggravated battery. 18 (d) A person who knowingly gives to another person any 19 food that contains any substance or object that is intended 20 to cause physical injury if eaten, commits aggravated 21 battery. 22 (d-3)(d-5)A person commits aggravated battery when he 23 or she knowingly and without lawful justification shines or 24 flashes a laser gunsight or other laser device that is 25 attached or affixed to a firearm, or used in concert with a 26 firearm, so that the laser beam strikes upon or against the 27 person of another. 28 (d-5) An inmate of a penal institution who causes or 29 attempts to cause a correctional employee of the penal 30 institution to come into contact with blood, seminal fluid, 31 urine, or feces, by throwing, tossing, or expelling that 32 fluid or material commits aggravated battery. For purposes 33 of this subsection (d-5), "correctional employee" means a 34 person who is employed by a penal institution. -561- LRB9206615WHmb 1 (e) Sentence. 2 Aggravated battery is a Class 3 felony. 3 (Source: P.A. 90-115, eff. 1-1-98; 90-651, eff. 1-1-99; 4 90-735, eff. 8-11-98; 91-357, eff. 7-29-99; 91-488, eff. 5 1-1-00; 91-619, eff. 1-1-00; 91-672, eff. 1-1-00; revised 6 1-7-00.) 7 Section 440. The Sexually Violent Persons Commitment Act 8 is amended by changing Section 90 as follows: 9 (725 ILCS 207/90) 10 Sec. 90. Committed persons ability to pay for services. 11 Each person committed or detained under this Act who receives 12 services provided directly or funded by the Department and 13 the estate of that person is liable for the payment of sums 14 representing charges for services to the person at a rate to 15 be determined by the Department. Services charges against 16 that person take effect on the date of admission or the 17 effective date of this Section. The Department in its rules 18 may establish a maximum rate for the cost of services. In 19 the case of any person who has received residential services 20 from the Department, whether directly from the Department or 21 through a public or private agency or entity funded by the 22 Department, the liability shall be the same regardless of the 23 source of services. When the person is placed in a facility 24 outside the Department, the facility shall collect 25 reimbursement from the person. The Department may supplement 26 the contribution of the person to private facilities after 27 all other sources of income have been utilized; however the 28 supplement shall not exceed the allowable rate under Title 29 XVIII or Title XIX of the Federal Social Security Act for 30 those persons eligible for those respective programs. The 31 Department may pay the actual costs of services or 32 maintenance in the facility and may collect reimbursement for -562- LRB9206615WHmb 1 the entire amount paid from the person or an amount not to 2 exceed the maximum. Lesser or greater amounts may be 3 accepted by the Department when conditions warrant that 4 action or when offered by persons not liable under this Act. 5 Nothing in this Section shall preclude the Department from 6 applying federal benefits that are specifically provided for 7 the care and treatment of a disabled person toward the cost 8 of care provided by a State facility or private agency. The 9 Department may investigate the financial condition of each 10 person committed under this Act, may make determinations of 11 the ability of each such person to pay sums representing 12 services charges, and for those purposes may set a standard 13 as a basis of judgment of ability to pay. The Department 14 shall by rule make provisions for unusual and exceptional 15 circumstances in the application of that standard. The 16 Department may issue to any person liable under this Act a 17 statement of amount due as treatment charges requiring him or 18 her to pay monthly, quarterly, or otherwise as may be 19 arranged, an amount not exceeding that required under this 20 Act, plus fees to which the Department may be entitled under 21 this Act. 22 (a) Whenever an individual is covered, in part or in 23 whole, under any type of insurance arrangement, private or 24 public, for services provided by the Department, the proceeds 25 from the insurance shall be considered as part of the 26 individual's ability to pay notwithstanding that the 27 insurance contract was entered into by a person other than 28 the individual or that the premiums for the insurance were 29 paid for by a person other than the individual. Remittances 30 from intermediary agencies under Title XVIII of the Federal 31 Social Security Act for services to committed persons shall 32 be deposited with the State Treasurer and placed in the 33 Mental Health Fund. Payments received from the Department of 34 Human ServicesPublic Aidunder Title XIX of the Federal -563- LRB9206615WHmb 1 Social Security Act for services to those persons shall be 2 deposited with the State Treasurer and shall be placed in the 3 General Revenue Fund. 4 (b) Any person who has been issued a Notice of 5 Determination of sums due as services charges may petition 6 the Department for a review of that determination. The 7 petition must be in writing and filed with the Department 8 within 90 days from the date of the Notice of Determination. 9 The Department shall provide for a hearing to be held on the 10 charges for the period covered by the petition. The 11 Department may after the hearing, cancel, modify, or increase 12 the former determination to an amount not to exceed the 13 maximum provided for the person by this Act. The Department 14 at its expense shall take testimony and preserve a record of 15 all proceedings at the hearing upon any petition for a 16 release from or modification of the determination. The 17 petition and other documents in the nature of pleadings and 18 motions filed in the case, a transcript of testimony, 19 findings of the Department, and orders of the Secretary 20 constitute the record. The Secretary shall furnish a 21 transcript of the record to any person upon payment of 75¢ 22 per page for each original transcript and 25¢ per page for 23 each copy of the transcript. Any person aggrieved by the 24 decision of the Department upon a hearing may, within 30 days 25 thereafter, file a petition with the Department for review of 26 the decision by the Board of Reimbursement Appeals 27 established in the Mental Health and Developmental 28 Disabilities Code. The Board of Reimbursement Appeals may 29 approve action taken by the Department or may remand the case 30 to the Secretary with recommendation for redetermination of 31 charges. 32 (c) Upon receiving a petition for review under 33 subsection (b) of this Section, the Department shall 34 thereupon notify the Board of Reimbursement Appeals which -564- LRB9206615WHmb 1 shall render its decision thereon within 30 days after the 2 petition is filed and certify such decision to the 3 Department. Concurrence of a majority of the Board is 4 necessary in any such decision. Upon request of the 5 Department, the State's Attorney of the county in which a 6 client who is liable under this Act for payment of sums 7 representing services charges resides, shall institute 8 appropriate legal action against any such client, or within 9 the time provided by law shall file a claim against the 10 estate of the client who fails or refuses to pay those 11 charges. The court shall order the payment of sums due for 12 services charges for such period or periods of time as the 13 circumstances require. The order may be entered against any 14 defendant and may be based upon the proportionate ability of 15 each defendant to contribute to the payment of sums 16 representing services charges including the actual charges 17 for services in facilities outside the Department where the 18 Department has paid those charges. Orders for the payment of 19 money may be enforced by attachment as for contempt against 20 the persons of the defendants and, in addition, as other 21 judgments for the payment of money, and costs may be adjudged 22 against the defendants and apportioned among them. 23 (d) The money collected shall be deposited into the 24 Mental Health Fund. 25 (Source: P.A. 90-793, eff. 8-14-98.) 26 Section 445. The Unified Code of Corrections is amended 27 by changing Sections 3-2-2 and 3-5-4 as follows: 28 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2) 29 Sec. 3-2-2. Powers and Duties of the Department. 30 (1) In addition to the powers, duties and 31 responsibilities which are otherwise provided by law, the 32 Department shall have the following powers: -565- LRB9206615WHmb 1 (a) To accept persons committed to it by the courts 2 of this State for care, custody, treatment and 3 rehabilitation. 4 (b) To develop and maintain reception and 5 evaluation units for purposes of analyzing the custody 6 and rehabilitation needs of persons committed to it and 7 to assign such persons to institutions and programs under 8 its control or transfer them to other appropriate 9 agencies. In consultation with the Department of 10 Alcoholism and Substance Abuse (now the Department of 11 Human Services), the Department of Corrections shall 12 develop a master plan for the screening and evaluation of 13 persons committed to its custody who have alcohol or drug 14 abuse problems, and for making appropriate treatment 15 available to such persons; the Department shall report to 16 the General Assembly on such plan not later than April 1, 17 1987. The maintenance and implementation of such plan 18 shall be contingent upon the availability of funds. 19 (b-5) To develop, in consultation with the 20 Department of State Police, a program for tracking and 21 evaluating each inmate from commitment through release 22 for recording his or her gang affiliations, activities, 23 or ranks. 24 (c) To maintain and administer all State 25 correctional institutions and facilities under its 26 control and to establish new ones as needed. Pursuant to 27 its power to establish new institutions and facilities, 28 the Department may, with the written approval of the 29 Governor, authorize the Department of Central Management 30 Services to enter into an agreement of the type described 31 in subsection (d) of Section 405-300 of the Department of 32 Central Management Services Law (20 ILCS 405/405-300). 33 The Department shall designate those institutions which 34 shall constitute the State Penitentiary System. -566- LRB9206615WHmb 1 Pursuant to its power to establish new institutions 2 and facilities, the Department may authorize the 3 Department of Central Management Services to accept bids 4 from counties and municipalities for the construction, 5 remodeling or conversion of a structure to be leased to 6 the Department of Corrections for the purposes of its 7 serving as a correctional institution or facility. Such 8 construction, remodeling or conversion may be financed 9 with revenue bonds issued pursuant to the Industrial 10 Building Revenue Bond Act by the municipality or county. 11 The lease specified in a bid shall be for a term of not 12 less than the time needed to retire any revenue bonds 13 used to finance the project, but not to exceed 40 years. 14 The lease may grant to the State the option to purchase 15 the structure outright. 16 Upon receipt of the bids, the Department may certify 17 one or more of the bids and shall submit any such bids to 18 the General Assembly for approval. Upon approval of a 19 bid by a constitutional majority of both houses of the 20 General Assembly, pursuant to joint resolution, the 21 Department of Central Management Services may enter into 22 an agreement with the county or municipality pursuant to 23 such bid. 24 (c-5) To build and maintain regional juvenile 25 detention centers and to charge a per diem to the 26 counties as established by the Department to defray the 27 costs of housing each minor in a center. In this 28 subsection (c-5), "juvenile detention center" means a 29 facility to house minors during pendency of trial who 30 have been transferred from proceedings under the Juvenile 31 Court Act of 1987 to prosecutions under the criminal laws 32 of this State in accordance with Section 5-805 of the 33 Juvenile Court Act of 1987, whether the transfer was by 34 operation of law or permissive under that Section. The -567- LRB9206615WHmb 1 Department shall designate the counties to be served by 2 each regional juvenile detention center. 3 (d) To develop and maintain programs of control, 4 rehabilitation and employment of committed persons within 5 its institutions. 6 (e) To establish a system of supervision and 7 guidance of committed persons in the community. 8 (f) To establish in cooperation with the Department 9 of Transportation to supply a sufficient number of 10 prisoners for use by the Department of Transportation to 11 clean up the trash and garbage along State, county, 12 township, or municipal highways as designated by the 13 Department of Transportation. The Department of 14 Corrections, at the request of the Department of 15 Transportation, shall furnish such prisoners at least 16 annually for a period to be agreed upon between the 17 Director of Corrections and the Director of 18 Transportation. The prisoners used on this program shall 19 be selected by the Director of Corrections on whatever 20 basis he deems proper in consideration of their term, 21 behavior and earned eligibility to participate in such 22 program - where they will be outside of the prison 23 facility but still in the custody of the Department of 24 Corrections. Prisoners convicted of first degree murder, 25 or a Class X felony, or armed violence, or aggravated 26 kidnapping, or criminal sexual assault, aggravated 27 criminal sexual abuse or a subsequent conviction for 28 criminal sexual abuse, or forcible detention, or arson, 29 or a prisoner adjudged a Habitual Criminal shall not be 30 eligible for selection to participate in such program. 31 The prisoners shall remain as prisoners in the custody of 32 the Department of Corrections and such Department shall 33 furnish whatever security is necessary. The Department of 34 Transportation shall furnish trucks and equipment for the -568- LRB9206615WHmb 1 highway cleanup program and personnel to supervise and 2 direct the program. Neither the Department of Corrections 3 nor the Department of Transportation shall replace any 4 regular employee with a prisoner. 5 (g) To maintain records of persons committed to it 6 and to establish programs of research, statistics and 7 planning. 8 (h) To investigate the grievances of any person 9 committed to the Department, to inquire into any alleged 10 misconduct by employees or committed persons, and to 11 investigate the assets of committed persons to implement 12 Section 3-7-6 of this Code; and for these purposes it may 13 issue subpoenas and compel the attendance of witnesses 14 and the production of writings and papers, and may 15 examine under oath any witnesses who may appear before 16 it; to also investigate alleged violations of a parolee's 17 or releasee's conditions of parole or release; and for 18 this purpose it may issue subpoenas and compel the 19 attendance of witnesses and the production of documents 20 only if there is reason to believe that such procedures 21 would provide evidence that such violations have 22 occurred. 23 If any person fails to obey a subpoena issued under 24 this subsection, the Director may apply to any circuit 25 court to secure compliance with the subpoena. The 26 failure to comply with the order of the court issued in 27 response thereto shall be punishable as contempt of 28 court. 29 (i) To appoint and remove the chief administrative 30 officers, and administer programs of training and 31 development of personnel of the Department. Personnel 32 assigned by the Department to be responsible for the 33 custody and control of committed persons or to 34 investigate the alleged misconduct of committed persons -569- LRB9206615WHmb 1 or employees or alleged violations of a parolee's or 2 releasee's conditions of parole shall be conservators of 3 the peace for those purposes, and shall have the full 4 power of peace officers outside of the facilities of the 5 Department in the protection, arrest, retaking and 6 reconfining of committed persons or where the exercise of 7 such power is necessary to the investigation of such 8 misconduct or violations. 9 (j) To cooperate with other departments and 10 agencies and with local communities for the development 11 of standards and programs for better correctional 12 services in this State. 13 (k) To administer all moneys and properties of the 14 Department. 15 (l) To report annually to the Governor on the 16 committed persons, institutions and programs of the 17 Department. 18 (l-5) In a confidential annual report to the 19 Governor, the Department shall identify all inmate gangs 20 by specifying each current gang's name, population and 21 allied gangs. The Department shall further specify the 22 number of top leaders identified by the Department for 23 each gang during the past year, and the measures taken by 24 the Department to segregate each leader from his or her 25 gang and allied gangs. The Department shall further 26 report the current status of leaders identified and 27 segregated in previous years. All leaders described in 28 the report shall be identified by inmate number or other 29 designation to enable tracking, auditing, and 30 verification without revealing the names of the leaders. 31 Because this report contains law enforcement intelligence 32 information collected by the Department, the report is 33 confidential and not subject to public disclosure. 34 (m) To make all rules and regulations and exercise -570- LRB9206615WHmb 1 all powers and duties vested by law in the Department. 2 (n) To establish rules and regulations for 3 administering a system of good conduct credits, 4 established in accordance with Section 3-6-3, subject to 5 review by the Prisoner Review Board. 6 (o) To administer the distribution of funds from 7 the State Treasury to reimburse counties where State 8 penal institutions are located for the payment of 9 assistant state's attorneys' salaries under Section 10 4-2001 of the Counties Code. 11 (p) To exchange information with the Department of 12 Human Servicesand the Illinois Department of Public Aid13 for the purpose of verifying living arrangements and for 14 other purposes directly connected with the administration 15 of this Code and the Illinois Public Aid Code. 16 (q) To establish a diversion program. 17 The program shall provide a structured environment 18 for selected technical parole or mandatory supervised 19 release violators and committed persons who have violated 20 the rules governing their conduct while in work release. 21 This program shall not apply to those persons who have 22 committed a new offense while serving on parole or 23 mandatory supervised release or while committed to work 24 release. 25 Elements of the program shall include, but shall not 26 be limited to, the following: 27 (1) The staff of a diversion facility shall 28 provide supervision in accordance with required 29 objectives set by the facility. 30 (2) Participants shall be required to maintain 31 employment. 32 (3) Each participant shall pay for room and 33 board at the facility on a sliding-scale basis 34 according to the participant's income. -571- LRB9206615WHmb 1 (4) Each participant shall: 2 (A) provide restitution to victims in 3 accordance with any court order; 4 (B) provide financial support to his 5 dependents; and 6 (C) make appropriate payments toward any 7 other court-ordered obligations. 8 (5) Each participant shall complete community 9 service in addition to employment. 10 (6) Participants shall take part in such 11 counseling, educational and other programs as the 12 Department may deem appropriate. 13 (7) Participants shall submit to drug and 14 alcohol screening. 15 (8) The Department shall promulgate rules 16 governing the administration of the program. 17 (r) To enter into intergovernmental cooperation 18 agreements under which persons in the custody of the 19 Department may participate in a county impact 20 incarceration program established under Section 3-6038 or 21 3-15003.5 of the Counties Code. 22 (r-5) To enter into intergovernmental cooperation 23 agreements under which minors adjudicated delinquent and 24 committed to the Department of Corrections, Juvenile 25 Division, may participate in a county juvenile impact 26 incarceration program established under Section 3-6039 of 27 the Counties Code. 28 (r-10) To systematically and routinely identify 29 with respect to each streetgang active within the 30 correctional system: (1) each active gang; (2) every 31 existing inter-gang affiliation or alliance; and (3) the 32 current leaders in each gang. The Department shall 33 promptly segregate leaders from inmates who belong to 34 their gangs and allied gangs. "Segregate" means no -572- LRB9206615WHmb 1 physical contact and, to the extent possible under the 2 conditions and space available at the correctional 3 facility, prohibition of visual and sound communication. 4 For the purposes of this paragraph (r-10), "leaders" 5 means persons who: 6 (i) are members of a criminal streetgang; 7 (ii) with respect to other individuals within 8 the streetgang, occupy a position of organizer, 9 supervisor, or other position of management or 10 leadership; and 11 (iii) are actively and personally engaged in 12 directing, ordering, authorizing, or requesting 13 commission of criminal acts by others, which are 14 punishable as a felony, in furtherance of streetgang 15 related activity both within and outside of the 16 Department of Corrections. 17 "Streetgang", "gang", and "streetgang related" have the 18 meanings ascribed to them in Section 10 of the Illinois 19 Streetgang Terrorism Omnibus Prevention Act. 20 (s) To operate a super-maximum security 21 institution, in order to manage and supervise inmates who 22 are disruptive or dangerous and provide for the safety 23 and security of the staff and the other inmates. 24 (t) To monitor any unprivileged conversation or any 25 unprivileged communication, whether in person or by 26 mail, telephone, or other means, between an inmate who, 27 before commitment to the Department, was a member of an 28 organized gang and any other person without the need to 29 show cause or satisfy any other requirement of law before 30 beginning the monitoring, except as constitutionally 31 required. The monitoring may be by video, voice, or other 32 method of recording or by any other means. As used in 33 this subdivision (1)(t), "organized gang" has the meaning 34 ascribed to it in Section 10 of the Illinois Streetgang -573- LRB9206615WHmb 1 Terrorism Omnibus Prevention Act. 2 As used in this subdivision (1)(t), "unprivileged 3 conversation" or "unprivileged communication" means a 4 conversation or communication that is not protected by 5 any privilege recognized by law or by decision, rule, or 6 order of the Illinois Supreme Court. 7 (u) To establish a Women's and Children's 8 Pre-release Community Supervision Program for the purpose 9 of providing housing and services to eligible female 10 inmates, as determined by the Department, and their 11 newborn and young children. 12 (v) To do all other acts necessary to carry out the 13 provisions of this Chapter. 14 (2) The Department of Corrections shall by January 1, 15 1998, consider building and operating a correctional facility 16 within 100 miles of a county of over 2,000,000 inhabitants, 17 especially a facility designed to house juvenile participants 18 in the impact incarceration program. 19 (Source: P.A. 90-14, eff. 7-1-97; 90-590, eff. 1-1-99; 20 90-658, eff. 1-1-99; 91-239, eff. 1-1-00; 91-357, eff. 21 7-29-99.) 22 (730 ILCS 5/3-5-4) 23 Sec. 3-5-4. Exchange of information for child support 24 enforcement. 25 (a) The Department shall exchange with the Illinois 26 Department of Human ServicesPublic Aidinformation that may 27 be necessary for the enforcement of child support orders 28 entered pursuant to the Illinois Public Aid Code, the 29 Illinois Marriage and Dissolution of Marriage Act, the 30 Non-Support of Spouse and Children Act, the Non-Support 31 Punishment Act, the Revised Uniform Reciprocal Enforcement of 32 Support Act, the Uniform Interstate Family Support Act, or 33 the Illinois Parentage Act of 1984. -574- LRB9206615WHmb 1 (b) Notwithstanding any provisions in this Code to the 2 contrary, the Department shall not be liable to any person 3 for any disclosure of information to the Illinois Department 4 of Human ServicesPublic Aidunder subsection (a) or for any 5 other action taken in good faith to comply with the 6 requirements of subsection (a). 7 (Source: P.A. 90-18, eff. 1-1-97; 91-613, eff. 10-1-99.) 8 Section 450. The County Jail Act is amended by changing 9 Section 17 as follows: 10 (730 ILCS 125/17) (from Ch. 75, par. 117) 11 Sec. 17. Bedding, clothing, fuel, and medical aid; 12 reimbursement for medical or hospital expenses. The Warden 13 of the jail shall furnish necessary bedding, clothing, fuel 14 and medical aid for all prisoners under his charge, and keep 15 an accurate account of the same. When medical or hospital 16 services are required by any person held in custody, the 17 county, private hospital, physician or any public agency 18 which provides such services shall be entitled to obtain 19 reimbursement from the county or from the Arrestee's Medical 20 Costs Fund to the extent that moneys in the Fund are 21 available for the cost of such services. The county board of 22 a county may adopt an ordinance or resolution providing for 23 reimbursement for the cost of those services at the rates of 24 the Department of Human ServicesPublic Aid's ratesfor 25 medical assistance. To the extent that such person is 26 reasonably able to pay for such care, including reimbursement 27 from any insurance program or from other medical benefit 28 programs available to such person, he or she shall reimburse 29 the county or arresting authority. If such person has 30 already been determined eligible for medical assistance under 31 The Illinois Public Aid Code at the time the person is 32 initially detained pending trial, the cost of such services, -575- LRB9206615WHmb 1 to the extent such cost exceeds $2,500, shall be reimbursed 2 by the Department of Human ServicesPublic Aidunder that 3 Code. A reimbursement under any public or private program 4 authorized by this Section shall be paid to the county or 5 arresting authority to the same extent as would have been 6 obtained had the services been rendered in a non-custodial 7 environment. 8 An arresting authority shall be responsible for any 9 incurred medical expenses relating to the arrestee until such 10 time as the arrestee is placed in the custody of the sheriff. 11 However, the arresting authority shall not be so responsible 12 if the arrest was made pursuant to a request by the sheriff. 13 When medical or hospital services are required by any person 14 held in custody, the county or arresting authority shall be 15 entitled to obtain reimbursement from the Arrestee's Medical 16 Costs Fund to the extent moneys are available from the Fund. 17 To the extent that the person is reasonably able to pay for 18 that care, including reimbursement from any insurance program 19 or from other medical benefit programs available to the 20 person, he or she shall reimburse the county. 21 The county shall be entitled to a $10 fee for each 22 conviction or order of supervision for a criminal violation, 23 other than a petty offense or business offense. The fee 24 shall be taxed as costs to be collected from the defendant, 25 if possible, upon conviction or entry of an order of 26 supervision. The fee shall not be considered a part of the 27 fine for purposes of any reduction in the fine. 28 All such fees collected shall be deposited by the county 29 in a fund to be established and known as the Arrestee's 30 Medical Costs Fund. Moneys in the Fund shall be used solely 31 for reimbursement of costs for medical expenses relating to 32 the arrestee and administration of the Fund. 33 For the purposes of this Section, "arresting authority" 34 means a unit of local government, other than a county, which -576- LRB9206615WHmb 1 employs peace officers and whose peace officers have made the 2 arrest of a person. For the purposes of this Section, 3 "medical expenses relating to the arrestee" means only those 4 expenses incurred for medical care or treatment provided to 5 an arrestee on account of an injury suffered by the arrestee 6 during the course of his arrest; the term does not include 7 any expenses incurred for medical care or treatment provided 8 to an arrestee on account of a health condition of the 9 arrestee which existed prior to the time of his arrest. 10 (Source: P.A. 89-654, eff. 8-14-96; 89-676, 8-14-96; 90-14, 11 eff. 7-1-97.) 12 Section 455. The Code of Civil Procedure is amended by 13 changing Section 12-710 as follows: 14 (735 ILCS 5/12-710) (from Ch. 110, par. 12-710) 15 Sec. 12-710. Adverse claims; Trial. 16 (a) In the event any indebtedness or other property due 17 from or in the possession of a garnishee is claimed by any 18 other person, the court shall permit the claimant to appear 19 and maintain his or her claim. A claimant not voluntarily 20 appearing shall be served with notice as the court shall 21 direct. If a claimant fails to appear after being served 22 with notice in the manner directed, he or she shall be 23 concluded by the judgment entered in the garnishment 24 proceeding. 25 (b) If the adverse claimant appears and, within the time 26 the court allows, files his or her claim and serves a copy 27 thereof upon the judgment creditor, the judgment debtor, and 28 the garnishee, he or she is then a party to the garnishment 29 proceeding; and his or her claim shall be tried and 30 determined with the other issues in the garnishment action. 31 Upon certification by the Illinois Department of Human 32 ServicesPublic Aidthat a person who is receiving support -577- LRB9206615WHmb 1 payments under this Section is a public aid recipient, any 2 support payments subsequently received by the clerk of the 3 court shall be transmitted to the Illinois Department of 4 Human ServicesPublic Aiduntil the Department gives notice 5 to cease such transmittal. If the adverse claimant is 6 entitled to all or part of the indebtedness or other 7 property, the court shall enter judgment in accordance with 8 the interests of the parties. 9 (c) Claims for the support of a spouse or dependent 10 children shall be superior to all other claims for 11 garnishment of property. 12 (Source: P.A. 87-1252.) 13 Section 460. The Mental Health and Developmental 14 Disabilities Confidentiality Act is amended by changing 15 Section 7.1 as follows: 16 (740 ILCS 110/7.1) 17 Sec. 7.1. Interagency disclosures. 18 (a) Nothing in this Act shall be construed to prevent 19 the interagency disclosure of the name, social security 20 number, and information concerning services rendered, 21 currently being rendered, or proposed to be rendered 22 regarding a recipient of services. This disclosure may be 23 made only between agencies or departments of the State 24 including, but not limited to: (i) the Department of Human 25 Services, (ii) (blank),the Department of Public Aid,(iii) 26 the Department of Public Health, (iv) the State Board of 27 Education, and (v) the Department of Children and Family 28 Services for the purpose of a diligent search for a missing 29 parent pursuant to Sections 2-15 and 2-16 of the Juvenile 30 Court Act of 1987 if the Department of Children and Family 31 Services has reason to believe the parent is residing in a 32 mental health facility, when one or more agencies or -578- LRB9206615WHmb 1 departments of the State have entered into a prior 2 interagency agreement, memorandum of understanding, or 3 similar agreement to jointly provide or cooperate in the 4 provision of or funding of mental health or developmental 5 disabilities services. 6 The Department of Children and Family Services shall not 7 redisclose the information received under this Section other 8 than for purposes of service provision or as necessary for 9 proceedings under the Juvenile Court Act of 1987. 10 (b) This Section applies to, but is not limited to, 11 interagency disclosures under interagency agreements entered 12 into in compliance with the Early Intervention Services 13 System Act. 14 (c) Information disclosed under this Section shall be 15 for the limited purpose of coordinating State efforts in 16 providing efficient interagency service systems and avoiding 17 duplication of interagency services. 18 (d) Information disclosed under this Section shall be 19 limited to the recipient's name, address, social security 20 number or other individually assigned identifying number, or 21 information generally descriptive of services rendered or to 22 be rendered. The disclosure of individual clinical or 23 treatment records or other confidential information is not 24 authorized by this Section. 25 (Source: P.A. 89-507, eff. 7-1-97; 90-608, eff. 6-30-98.) 26 Section 465. The Illinois Marriage and Dissolution of 27 Marriage Act is amended by changing Sections 505, 505.1, 28 505.2, 505.3, 506, 507, 507.1, 510, 516, 704, 705, 709, and 29 712 as follows: 30 (750 ILCS 5/505) (from Ch. 40, par. 505) 31 Sec. 505. Child support; contempt; penalties. 32 (a) In a proceeding for dissolution of marriage, legal -579- LRB9206615WHmb 1 separation, declaration of invalidity of marriage, a 2 proceeding for child support following dissolution of the 3 marriage by a court which lacked personal jurisdiction over 4 the absent spouse, a proceeding for modification of a 5 previous order for child support under Section 510 of this 6 Act, or any proceeding authorized under Section 501 or 601 of 7 this Act, the court may order either or both parents owing a 8 duty of support to a child of the marriage to pay an amount 9 reasonable and necessary for his support, without regard to 10 marital misconduct. The duty of support owed to a minor 11 child includes the obligation to provide for the reasonable 12 and necessary physical, mental and emotional health needs of 13 the child. 14 (1) The Court shall determine the minimum amount of 15 support by using the following guidelines: 16 Number of Children Percent of Supporting Party's 17 Net Income 18 1 20% 19 2 25% 20 3 32% 21 4 40% 22 5 45% 23 6 or more 50% 24 (2) The above guidelines shall be applied in each 25 case unless the court makes a finding that application of 26 the guidelines would be inappropriate, after considering 27 the best interests of the child in light of evidence 28 including but not limited to one or more of the following 29 relevant factors: 30 (a) the financial resources and needs of the 31 child; 32 (b) the financial resources and needs of the 33 custodial parent; 34 (c) the standard of living the child would -580- LRB9206615WHmb 1 have enjoyed had the marriage not been dissolved; 2 (d) the physical and emotional condition of 3 the child, and his educational needs; and 4 (e) the financial resources and needs of the 5 non-custodial parent. 6 If the court deviates from the guidelines, the 7 court's finding shall state the amount of support that 8 would have been required under the guidelines, if 9 determinable. The court shall include the reason or 10 reasons for the variance from the guidelines. 11 (3) "Net income" is defined as the total of all 12 income from all sources, minus the following deductions: 13 (a) Federal income tax (properly calculated 14 withholding or estimated payments); 15 (b) State income tax (properly calculated 16 withholding or estimated payments); 17 (c) Social Security (FICA payments); 18 (d) Mandatory retirement contributions 19 required by law or as a condition of employment; 20 (e) Union dues; 21 (f) Dependent and individual 22 health/hospitalization insurance premiums; 23 (g) Prior obligations of support or 24 maintenance actually paid pursuant to a court order; 25 (h) Expenditures for repayment of debts that 26 represent reasonable and necessary expenses for the 27 production of income, medical expenditures necessary 28 to preserve life or health, reasonable expenditures 29 for the benefit of the child and the other parent, 30 exclusive of gifts. The court shall reduce net 31 income in determining the minimum amount of support 32 to be ordered only for the period that such payments 33 are due and shall enter an order containing 34 provisions for its self-executing modification upon -581- LRB9206615WHmb 1 termination of such payment period. 2 (4) In cases where the court order provides for 3 health/hospitalization insurance coverage pursuant to 4 Section 505.2 of this Act, the premiums for that 5 insurance, or that portion of the premiums for which the 6 supporting party is responsible in the case of insurance 7 provided through an employer's health insurance plan 8 where the employer pays a portion of the premiums, shall 9 be subtracted from net income in determining the minimum 10 amount of support to be ordered. 11 (4.5) In a proceeding for child support following 12 dissolution of the marriage by a court that lacked 13 personal jurisdiction over the absent spouse, and in 14 which the court is requiring payment of support for the 15 period before the date an order for current support is 16 entered, there is a rebuttable presumption that the 17 supporting party's net income for the prior period was 18 the same as his or her net income at the time the order 19 for current support is entered. 20 (5) If the net income cannot be determined because 21 of default or any other reason, the court shall order 22 support in an amount considered reasonable in the 23 particular case. The final order in all cases shall 24 state the support level in dollar amounts. However, if 25 the court finds that the child support amount cannot be 26 expressed exclusively as a dollar amount because all or a 27 portion of the payor's net income is uncertain as to 28 source, time of payment, or amount, the court may order a 29 percentage amount of support in addition to a specific 30 dollar amount and enter such other orders as may be 31 necessary to determine and enforce, on a timely basis, 32 the applicable support ordered. 33 (6) If (i) the non-custodial parent was properly 34 served with a request for discovery of financial -582- LRB9206615WHmb 1 information relating to the non-custodial parent's 2 ability to provide child support, (ii) the non-custodial 3 parent failed to comply with the request, despite having 4 been ordered to do so by the court, and (iii) the 5 non-custodial parent is not present at the hearing to 6 determine support despite having received proper notice, 7 then any relevant financial information concerning the 8 non-custodial parent's ability to provide child support 9 that was obtained pursuant to subpoena and proper notice 10 shall be admitted into evidence without the need to 11 establish any further foundation for its admission. 12 (a-5) In an action to enforce an order for support based 13 on the respondent's failure to make support payments as 14 required by the order, notice of proceedings to hold the 15 respondent in contempt for that failure may be served on the 16 respondent by personal service or by regular mail addressed 17 to the respondent's last known address. The respondent's 18 last known address may be determined from records of the 19 clerk of the court, from the Federal Case Registry of Child 20 Support Orders, or by any other reasonable means. 21 (b) Failure of either parent to comply with an order to 22 pay support shall be punishable as in other cases of 23 contempt. In addition to other penalties provided by law the 24 Court may, after finding the parent guilty of contempt, order 25 that the parent be: 26 (1) placed on probation with such conditions of 27 probation as the Court deems advisable; 28 (2) sentenced to periodic imprisonment for a period 29 not to exceed 6 months; provided, however, that the Court 30 may permit the parent to be released for periods of time 31 during the day or night to: 32 (A) work; or 33 (B) conduct a business or other self-employed 34 occupation. -583- LRB9206615WHmb 1 The Court may further order any part or all of the 2 earnings of a parent during a sentence of periodic 3 imprisonment paid to the Clerk of the Circuit Court or to the 4 parent having custody or to the guardian having custody of 5 the minor children of the sentenced parent for the support of 6 said minor children until further order of the Court. 7 If there is a unity of interest and ownership sufficient 8 to render no financial separation between a non-custodial 9 parent and another person or persons or business entity, the 10 court may pierce the ownership veil of the person, persons, 11 or business entity to discover assets of the non-custodial 12 parent held in the name of that person, those persons, or 13 that business entity. The following circumstances are 14 sufficient to authorize a court to order discovery of the 15 assets of a person, persons, or business entity and to compel 16 the application of any discovered assets toward payment on 17 the judgment for support: 18 (1) the non-custodial parent and the person, 19 persons, or business entity maintain records together. 20 (2) the non-custodial parent and the person, 21 persons, or business entity fail to maintain an arms 22 length relationship between themselves with regard to any 23 assets. 24 (3) the non-custodial parent transfers assets to 25 the person, persons, or business entity with the intent 26 to perpetrate a fraud on the custodial parent. 27 With respect to assets which are real property, no order 28 entered under this paragraph shall affect the rights of bona 29 fide purchasers, mortgagees, judgment creditors, or other 30 lien holders who acquire their interests in the property 31 prior to the time a notice of lis pendens pursuant to the 32 Code of Civil Procedure or a copy of the order is placed of 33 record in the office of the recorder of deeds for the county 34 in which the real property is located. -584- LRB9206615WHmb 1 The court may also order in cases where the parent is 90 2 days or more delinquent in payment of support or has been 3 adjudicated in arrears in an amount equal to 90 days 4 obligation or more, that the parent's Illinois driving 5 privileges be suspended until the court determines that the 6 parent is in compliance with the order of support. The court 7 may also order that the parent be issued a family financial 8 responsibility driving permit that would allow limited 9 driving privileges for employment and medical purposes in 10 accordance with Section 7-702.1 of the Illinois Vehicle Code. 11 The clerk of the circuit court shall certify the order 12 suspending the driving privileges of the parent or granting 13 the issuance of a family financial responsibility driving 14 permit to the Secretary of State on forms prescribed by the 15 Secretary. Upon receipt of the authenticated documents, the 16 Secretary of State shall suspend the parent's driving 17 privileges until further order of the court and shall, if 18 ordered by the court, subject to the provisions of Section 19 7-702.1 of the Illinois Vehicle Code, issue a family 20 financial responsibility driving permit to the parent. 21 In addition to the penalties or punishment that may be 22 imposed under this Section, any person whose conduct 23 constitutes a violation of Section 15 of the Non-Support 24 Punishment Act may be prosecuted under that Act, and a person 25 convicted under that Act may be sentenced in accordance with 26 that Act. The sentence may include but need not be limited 27 to a requirement that the person perform community service 28 under Section 50 of that Act or participate in a work 29 alternative program under Section 50 of that Act. A person 30 may not be required to participate in a work alternative 31 program under Section 50 of that Act if the person is 32 currently participating in a work program pursuant to Section 33 505.1 of this Act. 34 A support obligation, or any portion of a support -585- LRB9206615WHmb 1 obligation, which becomes due and remains unpaid for 30 days 2 or more shall accrue interest at the rate of 9% per annum. 3 (c) A one-time charge of 20% is imposable upon the 4 amount of past-due child support owed on July 1, 1988 which 5 has accrued under a support order entered by the court. The 6 charge shall be imposed in accordance with the provisions of 7 Section 10-21 of the Illinois Public Aid Code and shall be 8 enforced by the court upon petition. 9 (d) Any new or existing support order entered by the 10 court under this Section shall be deemed to be a series of 11 judgments against the person obligated to pay support 12 thereunder, each such judgment to be in the amount of each 13 payment or installment of support and each such judgment to 14 be deemed entered as of the date the corresponding payment or 15 installment becomes due under the terms of the support order. 16 Each such judgment shall have the full force, effect and 17 attributes of any other judgment of this State, including the 18 ability to be enforced. A lien arises by operation of law 19 against the real and personal property of the noncustodial 20 parent for each installment of overdue support owed by the 21 noncustodial parent. 22 (e) When child support is to be paid through the clerk 23 of the court in a county of 1,000,000 inhabitants or less, 24 the order shall direct the obligor to pay to the clerk, in 25 addition to the child support payments, all fees imposed by 26 the county board under paragraph (3) of subsection (u) of 27 Section 27.1 of the Clerks of Courts Act. Unless paid in 28 cash or pursuant to an order for withholding, the payment of 29 the fee shall be by a separate instrument from the support 30 payment and shall be made to the order of the Clerk. 31 (f) All orders for support, when entered or modified, 32 shall include a provision requiring the obligor to notify the 33 court and, in cases in which a party is receiving child and 34 spouse services under Article X of the Illinois Public Aid -586- LRB9206615WHmb 1 Code, the Illinois Department of Human ServicesPublic Aid, 2 within 7 days, (i) of the name and address of any new 3 employer of the obligor, (ii) whether the obligor has access 4 to health insurance coverage through the employer or other 5 group coverage and, if so, the policy name and number and the 6 names of persons covered under the policy, and (iii) of any 7 new residential or mailing address or telephone number of the 8 non-custodial parent. In any subsequent action to enforce a 9 support order, upon a sufficient showing that a diligent 10 effort has been made to ascertain the location of the 11 non-custodial parent, service of process or provision of 12 notice necessary in the case may be made at the last known 13 address of the non-custodial parent in any manner expressly 14 provided by the Code of Civil Procedure or this Act, which 15 service shall be sufficient for purposes of due process. 16 (g) An order for support shall include a date on which 17 the current support obligation terminates. The termination 18 date shall be no earlier than the date on which the child 19 covered by the order will attain the age of majority or is 20 otherwise emancipated. The order for support shall state that 21 the termination date does not apply to any arrearage that may 22 remain unpaid on that date. Nothing in this subsection shall 23 be construed to prevent the court from modifying the order. 24 (h) An order entered under this Section shall include a 25 provision requiring the obligor to report to the obligee and 26 to the clerk of court within 10 days each time the obligor 27 obtains new employment, and each time the obligor's 28 employment is terminated for any reason. The report shall be 29 in writing and shall, in the case of new employment, include 30 the name and address of the new employer. Failure to report 31 new employment or the termination of current employment, if 32 coupled with nonpayment of support for a period in excess of 33 60 days, is indirect criminal contempt. For any obligor 34 arrested for failure to report new employment bond shall be -587- LRB9206615WHmb 1 set in the amount of the child support that should have been 2 paid during the period of unreported employment. An order 3 entered under this Section shall also include a provision 4 requiring the obligor and obligee parents to advise each 5 other of a change in residence within 5 days of the change 6 except when the court finds that the physical, mental, or 7 emotional health of a party or that of a minor child, or 8 both, would be seriously endangered by disclosure of the 9 party's address. 10 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98; 11 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff. 12 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; 91-655, 13 eff. 6-1-00; 91-767, eff. 6-9-00; revised 6-28-00.) 14 (750 ILCS 5/505.1) (from Ch. 40, par. 505.1) 15 Sec. 505.1. (a) Whenever it is determined in a 16 proceeding to establish or enforce a child support or 17 maintenance obligation that the person owing a duty of 18 support is unemployed, the court may order the person to seek 19 employment and report periodically to the court with a diary, 20 listing or other memorandum of his or her efforts in 21 accordance with such order. Additionally, the court may order 22 the unemployed person to report to the Department of 23 Employment Security for job search services or to make 24 application with the local Job Training Partnership Act 25 provider for participation in job search, training or work 26 programs and where the duty of support is owed to a child 27 receiving support services under Article X of the Illinois 28 Public Aid Code, as amended, the court may order the 29 unemployed person to report to the Illinois Department of 30 Human ServicesPublic Aidfor participation in job search, 31 training or work programs established under Section 9-6 and 32 Article IXA of that Code. 33 (b) Whenever it is determined that a person owes -588- LRB9206615WHmb 1 past-due support for a child or for a child and the parent 2 with whom the child is living, and the child is receiving 3 assistance under the Illinois Public Aid Code, the court 4 shall order at the request of the Illinois Department of 5 Human ServicesPublic Aid: 6 (1) that the person pay the past-due support in 7 accordance with a plan approved by the court; or 8 (2) if the person owing past-due support is 9 unemployed, is subject to such a plan, and is not 10 incapacitated, that the person participate in such job 11 search, training, or work programs established under 12 Section 9-6 and Article IXA of the Illinois Public Aid 13 Code as the court deems appropriate. 14 (Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.) 15 (750 ILCS 5/505.2) (from Ch. 40, par. 505.2) 16 Sec. 505.2. Health insurance. 17 (a) Definitions. As used in this Section: 18 (1) "Obligee" means the individual to whom the duty 19 of support is owed or the individual's legal 20 representative. 21 (2) "Obligor" means the individual who owes a duty 22 of support pursuant to an order for support. 23 (3) "Public office" means any elected official or 24 any State or local agency which is or may become 25 responsible by law for enforcement of, or which is or may 26 become authorized to enforce, an order for support, 27 including, but not limited to: the Attorney General, the 28Illinois Department of Public Aid, theIllinois 29 Department of Human Services, the Illinois Department of 30 Children and Family Services, and the various State's 31 Attorneys, Clerks of the Circuit Court and supervisors of 32 general assistance. 33 (b) Order. -589- LRB9206615WHmb 1 (1) Whenever the court establishes, modifies or 2 enforces an order for child support or for child support 3 and maintenance the court shall include in the order a 4 provision for the health care coverage of the child which 5 shall, upon request of the obligee or Public Office, 6 require that any child covered by the order be named as a 7 beneficiary of any health insurance plan that is 8 available to the obligor through an employer or labor 9 union or trade union. If the court finds that such a 10 plan is not available to the obligor, or that the plan is 11 not accessible to the obligee, the court may, upon 12 request of the obligee or Public Office, order the 13 obligor to name the child covered by the order as a 14 beneficiary of any health insurance plan that is 15 available to the obligor on a group basis, or as a 16 beneficiary of an independent health insurance plan to be 17 obtained by the obligor, after considering the following 18 factors: 19 (A) the medical needs of the child; 20 (B) the availability of a plan to meet those 21 needs; and 22 (C) the cost of such a plan to the obligor. 23 (2) If the employer or labor union or trade union 24 offers more than one plan, the order shall require the 25 obligor to name the child as a beneficiary of the plan in 26 which the obligor is enrolled. 27 (3) Nothing in this Section shall be construed to 28 limit the authority of the court to establish or modify a 29 support order to provide for payment of expenses, 30 including deductibles, copayments and any other health 31 expenses, which are in addition to expenses covered by an 32 insurance plan of which a child is ordered to be named a 33 beneficiary pursuant to this Section. 34 (c) Implementation and enforcement. -590- LRB9206615WHmb 1 (1) When the court order requires that a minor 2 child be named as a beneficiary of a health insurance 3 plan, other than a health insurance plan available 4 through an employer or labor union or trade union, the 5 obligor shall provide written proof to the obligee or 6 Public Office that the required insurance has been 7 obtained, or that application for insurability has been 8 made, within 30 days of receiving notice of the court 9 order. Unless the obligor was present in court when the 10 order was issued, notice of the order shall be given 11 pursuant to Illinois Supreme Court Rules. If an obligor 12 fails to provide the required proof, he may be held in 13 contempt of court. 14 (2) When the court requires that a minor child be 15 named as a beneficiary of a health insurance plan 16 available through an employer or labor union or trade 17 union, the court's order shall be implemented in 18 accordance with the Income Withholding for Support Act 19Section 706.1, as now or hereafter amended. 20 (d) Failure to maintain insurance. The dollar amount of 21 the premiums for court-ordered health insurance, or that 22 portion of the premiums for which the obligor is responsible 23 in the case of insurance provided under a group health 24 insurance plan through an employer or labor union or trade 25 union where the employer or labor union or trade union pays a 26 portion of the premiums, shall be considered an additional 27 child support obligation owed by the obligor. Whenever the 28 obligor fails to provide or maintain health insurance 29 pursuant to an order for support, the obligor shall be liable 30 to the obligee for the dollar amount of the premiums which 31 were not paid, and shall also be liable for all medical 32 expenses incurred by the minor child which would have been 33 paid or reimbursed by the health insurance which the obligor 34 was ordered to provide or maintain. In addition, the obligee -591- LRB9206615WHmb 1 may petition the court to modify the order based solely on 2 the obligor's failure to pay the premiums for court-ordered 3 health insurance. 4 (e) Authorization for payment. The signature of the 5 obligee is a valid authorization to the insurer to process a 6 claim for payment under the insurance plan to the provider of 7 the health care services or to the obligee. 8 (f) Disclosure of information. The obligor's employer 9 or labor union or trade union shall disclose to the obligee 10 or Public Office, upon request, information concerning any 11 dependent coverage plans which would be made available to a 12 new employee or labor union member or trade union member. 13 The employer or labor union or trade union shall disclose 14 such information whether or not a court order for medical 15 support has been entered. 16 (g) Employer obligations. If a parent is required by an 17 order for support to provide coverage for a child's health 18 care expenses and if that coverage is available to the parent 19 through an employer who does business in this State, the 20 employer must do all of the following upon receipt of a copy 21 of the order of support or order for withholding: 22 (1) The employer shall, upon the parent's request, 23 permit the parent to include in that coverage a child who 24 is otherwise eligible for that coverage, without regard 25 to any enrollment season restrictions that might 26 otherwise be applicable as to the time period within 27 which the child may be added to that coverage. 28 (2) If the parent has health care coverage through 29 the employer but fails to apply for coverage of the 30 child, the employer shall include the child in the 31 parent's coverage upon application by the child's other 32 parent or the Illinois Department of Human Services 33Public Aid. 34 (3) The employer may not eliminate any child from -592- LRB9206615WHmb 1 the parent's health care coverage unless the employee is 2 no longer employed by the employer and no longer covered 3 under the employer's group health plan or unless the 4 employer is provided with satisfactory written evidence 5 of either of the following: 6 (A) The order for support is no longer in 7 effect. 8 (B) The child is or will be included in a 9 comparable health care plan obtained by the parent 10 under such order that is currently in effect or will 11 take effect no later than the date the prior 12 coverage is terminated. 13 The employer may eliminate a child from a parent's 14 health care plan obtained by the parent under such order 15 if the employer has eliminated dependent health care 16 coverage for all of its employees. 17 (Source: P.A. 89-183, eff. 1-1-96; 89-507, eff. 7-1-97; 18 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; revised 3-9-00.) 19 (750 ILCS 5/505.3) 20 Sec. 505.3. Information to State Case Registry. 21 (a) When an order for support is entered or modified 22 under this Act, the clerk of the circuit court shall, within 23 5 business days, provide to the State Case Registry 24 established under Section 10-27 of the Illinois Public Aid 25 Code the court docket number and county in which the order is 26 entered or modified and the following information, which the 27 parties shall disclose to the court: 28 (1) The names of the custodial and non-custodial 29 parents and of the child or children covered by the 30 order. 31 (2) The dates of birth of the custodial and 32 non-custodial parents and of the child or children 33 covered by the order. -593- LRB9206615WHmb 1 (3) The social security numbers of the custodial 2 and non-custodial parents and of the child or children 3 covered by the order. 4 (4) The residential and mailing addresses for the 5 custodial and non-custodial parents. 6 (5) The telephone numbers for the custodial and 7 non-custodial parents. 8 (6) The driver's license numbers for the custodial 9 and non-custodial parents. 10 (7) The name, address, and telephone number of each 11 parent's employer or employers. 12 (b) When a child support order is entered or modified 13 for a case in which a party is receiving child and spouse 14 support services under Article X of the Illinois Public Aid 15 Code, the clerk shall provide the State Case Registry with 16 the following information: 17 (1) The information specified in subsection (a) of 18 this Section. 19 (2) The amount of monthly or other periodic support 20 owed under the order and other amounts, including 21 arrearages, interest, or late payment penalties and fees, 22 due or overdue under the order. 23 (3) Any amounts described in subdivision (2) of 24 this subsection (b) that have been received by the clerk. 25 (4) The distribution of the amounts received by the 26 clerk. 27 (c) A party shall report to the clerk of the circuit 28 court changes in information required to bethedisclosed 29 under this Section within 5 business days of the change. 30 (d) To the extent that updated information is in the 31 clerk's possession, the clerk shall provide updates of the 32 information specified in subsection (b) of this Section 33 within 5 business days after the request of the Illinois 34 Department of Human ServicesPublic Aid's requestfor that -594- LRB9206615WHmb 1 updated information. 2 (Source: P.A. 91-212, eff. 7-20-99; revised 1-16-01.) 3 (750 ILCS 5/506) (from Ch. 40, par. 506) 4 Sec. 506. Representation of child. 5 (a) Duties. In any proceedings involving the support, 6 custody, visitation, education, parentage, property interest, 7 or general welfare of a minor or dependent child, the court 8 may, on its own motion or that of any party, and subject to 9 the terms or specifications the court determines, appoint an 10 attorney to serve in one of the following capacities: 11 (1) as an attorney to represent the child; 12 (2) as a guardian ad litem to address issues the 13 court delineates; 14 (3) as a child's representative whose duty shall be 15 to advocate what the representative finds to be in the 16 best interests of the child after reviewing the facts and 17 circumstances of the case. The child's representative 18 shall have the same power and authority to take part in 19 the conduct of the litigation as does an attorney for a 20 party and shall possess all the powers of investigation 21 and recommendation as does a guardian ad litem. The 22 child's representative shall consider, but not be bound 23 by, the expressed wishes of the child. A child's 24 representative shall have received training in child 25 advocacy or shall possess such experience as determined 26 to be equivalent to such training by the chief judge of 27 the circuit where the child's representative has been 28 appointed. The child's representative shall not disclose 29 confidential communications made by the child, except as 30 required by law or by the Rules of Professional Conduct. 31 The child's representative shall not be called as a 32 witness regarding the issues set forth in this 33 subsection. -595- LRB9206615WHmb 1 During the proceedings the court may appoint an 2 additional attorney to serve in another of the capacities 3 described in subdivisions (a)(1), (a)(2), or (a)(3) on its 4 own motion or that of a party only for good cause shown and 5 when the reasons for the additional appointment are set forth 6 in specific findings. 7 (b) Fees and costs. The court shall enter an order as 8 appropriate for costs, fees, and disbursements, including a 9 retainer, when the attorney, guardian ad litem, or child's 10 representative is appointed, and thereafter as necessary. 11 Such orders shall require payment by either or both parents, 12 by any other party or source, or from the marital estate or 13 the child's separate estate. The court may not order payment 14 by the Illinois Department of Human ServicesPublic Aidin 15 cases in which the Department is providing child and spouse 16 support services under Article X of the Illinois Public Aid 17 Code. Unless otherwise ordered by the court at the time fees 18 and costs are approved, all fees and costs payable to an 19 attorney, guardian ad litem, or child's representative under 20 this Section are by implication deemed to be in the nature of 21 support of the child and are within the exceptions to 22 discharge in bankruptcy under 11 U.S.C.A. 523. The 23 provisions of Sections 501 and 508 of this Act shall apply to 24 fees and costs for attorneys appointed under this Section. 25 (Source: P.A. 90-309, eff. 1-1-98; 91-410, eff. 1-1-00.) 26 (750 ILCS 5/507) (from Ch. 40, par. 507) 27 Sec. 507. Payment of maintenance or support to court. 28 (a) In actions instituted under this Act, the court 29 shall order that maintenance and support payments be made to 30 the clerk of court as trustee for remittance to the person 31 entitled to receive the payments. However, the court in its 32 discretion may direct otherwise where circumstances so 33 warrant. -596- LRB9206615WHmb 1 Upon notification in writing or by electronic 2 transmission from the Illinois Department of Human Services 3Public Aidto the clerk of the court that a person who is 4 receiving support payments under this Section is receiving 5 services under the Child Support Enforcement Program 6 established by Title IV-D of the Social Security Act, any 7 support payments subsequently received by the clerk of the 8 court shall be transmitted in accordance with the 9 instructions of the Illinois Department of Human Services 10Public Aiduntil the Department gives notice to the clerk of 11 the court to cease the transmittal. After providing the 12 notification authorized under this paragraph, the Illinois 13 Department of Human ServicesPublic Aidshall be entitled as 14 a party to notice of any further proceedings in the case. 15 The clerk of the court shall file a copy of the notification 16 to the Illinois Department of Human ServicesPublic Aid's17notificationin the court file. The failure of the clerk to 18 file a copy of the notification in the court file shall not, 19 however, affect the right of the Illinois Department of Human 20 ServicesPublic Aid's rightto receive notice of further 21 proceedings. 22 (b) The clerk of court shall maintain records listing 23 the amount of payments, the date payments are required to be 24 made and the names and addresses of the parties affected by 25 the order. For those cases in which support is payable to the 26 clerk of the circuit court for transmittal to the Illinois 27 Department of Human ServicesPublic Aidby order of the court 28 or upon notification of the Illinois Department of Human 29 ServicesPublic Aid, and the Illinois Department of Human 30 ServicesPublic Aidcollects support by assignment, offset, 31 withholding, deduction or other process permitted by law, the 32 Illinois Department shall notify the clerk of the date and 33 amount of such collection. Upon notification, the clerk shall 34 record the collection on the payment record for the case. -597- LRB9206615WHmb 1 (c) The parties affected by the order shall inform the 2 clerk of court of any change of address or of other condition 3 that may affect the administration of the order. 4 (d) The provisions of this Section shall not apply to 5 cases that come under the provisions of Sections 709 through 6 712. 7 (e) To the extent the provisions of this Section are 8 inconsistent with the requirements pertaining to the State 9 Disbursement Unit under Section 507.1 of this Act and Section 10 10-26 of the Illinois Public Aid Code, the requirements 11 pertaining to the State Disbursement Unit shall apply. 12 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 13 90-790, eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 14 7-29-99.) 15 (750 ILCS 5/507.1) 16 Sec. 507.1. Payment of Support to State Disbursement 17 Unit. 18 (a) As used in this Section: 19 "Order for support", "obligor", "obligee", and "payor" 20 mean those terms as defined in the Income Withholding for 21 Support Act, except that "order for support" shall not mean 22 orders providing for spousal maintenance under which there is 23 no child support obligation. 24 (b) Notwithstanding any other provision of this Act to 25 the contrary, each order for support entered or modified on 26 or after October 1, 1999 shall require that support payments 27 be made to the State Disbursement Unit established under 28 Section 10-26 of the Illinois Public Aid Code if: 29 (1) a party to the order is receiving child and 30 spouse support services under Article X of the Illinois 31 Public Aid Code; or 32 (2) no party to the order is receiving child and 33 spouse support services, but the support payments are -598- LRB9206615WHmb 1 made through income withholding. 2 (c) Support payments shall be made to the State 3 Disbursement Unit if: 4 (1) the order for support was entered before 5 October 1, 1999, and a party to the order is receiving 6 child and spouse support services under Article X of the 7 Illinois Public Aid Code; or 8 (2) no party to the order is receiving child and 9 spouse support services, and the support payments are 10 being made through income withholding. 11 (c-5) If no party to the order is receiving child and 12 spouse support services under Article X of the Illinois 13 Public Aid Code, and the support payments are not made 14 through income withholding, then support payments shall be 15 made as directed by the order for support. 16 (c-10) Within 15 days after the effective date of this 17 amendatory Act of the 91st General Assembly, the Illinois 18 Department shall provide written notice to the clerk of the 19 circuit court, the obligor, and, where applicable, the 20 obligor's payor to make payments to the State Disbursement 21 Unit if: 22 (1) the order for support was entered before 23 October 1, 1999, and a party to the order is receiving 24 child and spouse support services under Article X of the 25 Illinois Public Aid Code; or 26 (2) no party to the order is receiving child and 27 spouse support services, and the support payments are 28 being made through income withholding. 29 (c-15) Within 15 days after the effective date of this 30 amendatory Act of the 91st General Assembly, the clerk of the 31 circuit court shall provide written notice to the obligor to 32 make payments directly to the clerk of the circuit court if 33 no party to the order is receiving child and spouse support 34 services under Article X of the Illinois Public Aid Code, the -599- LRB9206615WHmb 1 support payments are not made through income withholding, and 2 the order for support requires support payments to be made 3 directly to the clerk of the circuit court. 4 (c-20) If the State Disbursement Unit receives a support 5 payment that was not appropriately made to the Unit under 6 this Section, the Unit shall immediately return the payment 7 to the sender, including, if possible, instructions detailing 8 where to send the support payment. 9 (d) The notices required under subsections (c-10) and 10 (c-15) may be sent by ordinary mail, certified mail, return 11 receipt requested, facsimile transmission, or other 12 electronic process, or may be served upon the obligor or 13 payor using any method provided by law for service of a 14 summons. The Illinois Department of Human ServicesPublic15Aidshall provide a copy of the notice to the obligee and to 16 the clerk of the court. 17 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.) 18 (750 ILCS 5/510) (from Ch. 40, par. 510) 19 Sec. 510. Modification and termination of provisions for 20 maintenance, support, educational expenses, and property 21 disposition. 22 (a) Except as otherwise provided in paragraph (f) of 23 Section 502 and in subsection (d), clause (3) of Section 24 505.2, the provisions of any judgment respecting maintenance 25 or support may be modified only as to installments accruing 26 subsequent to due notice by the moving party of the filing of 27 the motion for modification and, with respect to maintenance, 28 only upon a showing of a substantial change in circumstances. 29 An order for child support may be modified as follows: 30 (1) upon a showing of a substantial change in 31 circumstances; and 32 (2) without the necessity of showing a substantial 33 change in circumstances, as follows: -600- LRB9206615WHmb 1 (A) upon a showing of an inconsistency of at 2 least 20%, but no less than $10 per month, between 3 the amount of the existing order and the amount of 4 child support that results from application of the 5 guidelines specified in Section 505 of this Act 6 unless the inconsistency is due to the fact that the 7 amount of the existing order resulted from a 8 deviation from the guideline amount and there has 9 not been a change in the circumstances that resulted 10 in that deviation; or 11 (B) Upon a showing of a need to provide for 12 the health care needs of the child under the order 13 through health insurance or other means. In no 14 event shall the eligibility for or receipt of 15 medical assistance be considered to meet the need to 16 provide for the child's health care needs. 17 The provisions of subparagraph (a)(2)(A) shall apply only 18 in cases in which a party is receiving child and spouse 19 support services from the Illinois Department of Human 20 ServicesPublic Aidunder Article X of the Illinois Public 21 Aid Code, and only when at least 36 months have elapsed since 22 the order for child support was entered or last modified. 23 (b) The provisions as to property disposition may not be 24 revoked or modified, unless the court finds the existence of 25 conditions that justify the reopening of a judgment under the 26 laws of this State. 27 (c) Unless otherwise agreed by the parties in a written 28 agreement set forth in the judgment or otherwise approved by 29 the court, the obligation to pay future maintenance is 30 terminated upon the death of either party, or the remarriage 31 of the party receiving maintenance, or if the party receiving 32 maintenance cohabits with another person on a resident, 33 continuing conjugal basis. 34 (d) Unless otherwise agreed in writing or expressly -601- LRB9206615WHmb 1 provided in a judgment, provisions for the support of a child 2 are terminated by emancipation of the child, except as 3 otherwise provided herein, but not by the death of a parent 4 obligated to support or educate the child. An existing 5 obligation to pay for support or educational expenses, or 6 both, is not terminated by the death of a parent. When a 7 parent obligated to pay support or educational expenses, or 8 both, dies, the amount of support or educational expenses, or 9 both, may be enforced, modified, revoked or commuted to a 10 lump sum payment, as equity may require, and that 11 determination may be provided for at the time of the 12 dissolution of the marriage or thereafter. 13 (e) The right to petition for support or educational 14 expenses, or both, under Sections 505 and 513 is not 15 extinguished by the death of a parent. Upon a petition filed 16 before or after a parent's death, the court may award sums of 17 money out of the decedent's estate for the child's support or 18 educational expenses, or both, as equity may require. The 19 time within which a claim may be filed against the estate of 20 a decedent under Sections 505 and 513 and subsection (d) and 21 this subsection shall be governed by the provisions of the 22 Probate Act of 1975, as a barrable, noncontingent claim. 23 (Source: P.A. 87-714; 88-42; 88-307; 88-670, eff. 12-2-94.) 24 (750 ILCS 5/516) (from Ch. 40, par. 516) 25 Sec. 516. Public Aid collection fee. In all cases 26 instituted by the Illinois Department of Human Services 27Public Aidon behalf of a child or spouse, other than one 28 receiving a grant of financial aid under Article IV of The 29 Illinois Public Aid Code, on whose behalf an application has 30 been made and approved for support services as provided by 31 Section 10-1 of that Code, the court shall impose a 32 collection fee on the individual who owes a child or spouse 33 support obligation in an amount equal to 10% of the amount so -602- LRB9206615WHmb 1 owed as long as such collection is required by federal law, 2 which fee shall be in addition to the support obligation. 3 The imposition of such fee shall be in accordance with 4 provisions of Title IV, Part D, of the Social Security Act 5 and regulations duly promulgated thereunder. The fee shall 6 be payable to the clerk of the circuit court for transmittal 7 to the Illinois Department of Human ServicesPublic Aidand 8 shall continue until support services are terminated by that 9 Department. 10 (Source: P.A. 82-979.) 11 (750 ILCS 5/704) (from Ch. 40, par. 704) 12 Sec. 704. Public Aid Provisions.) Except as provided in 13 Sections 709 through 712, if maintenance, child support or 14 both, is awarded to persons who are recipients of aid under 15 "The Illinois Public Aid Code", the court shall direct the 16 husband or wife, as the case may be, to make the payments to 17 (1) the Illinois Department of Human ServicesPublic Aidif 18 the persons are recipients under Articles III, IV or V of the 19 Code, or (2) the local governmental unit responsible for 20 their support if they are recipients under Article VI or VII 21 of the Code. The order shall permit the Illinois Department 22 of Human ServicesPublic Aidor the local governmental unit, 23 as the case may be, to direct that subsequent payments be 24 made directly to the former spouse, the children, or both, or 25 to some person or agency in their behalf, upon removal of the 26 former spouse or children from the public aid rolls; and upon 27 such direction and removal of the recipients from the public 28 aid rolls, the Illinois Department or local governmental 29 unit, as the case requires, shall give written notice of such 30 action to the court. 31 (Source: P.A. 81-1474.) 32 (750 ILCS 5/705) (from Ch. 40, par. 705) -603- LRB9206615WHmb 1 Sec. 705. Support payments; receiving and disbursing 2 agents. 3 (1) The provisions of this Section shall apply, except 4 as provided in Sections 709 through 712. 5 (2) In a dissolution of marriage action filed in a 6 county of less than 3 million population in which an order or 7 judgment for child support is entered, and in supplementary 8 proceedings in any such county to enforce or vary the terms 9 of such order or judgment arising out of an action for 10 dissolution of marriage filed in such county, the court, 11 except as it otherwise orders, under subsection (4) of this 12 Section, may direct that child support payments be made to 13 the clerk of the court. 14 (3) In a dissolution of marriage action filed in any 15 county of 3 million or more population in which an order or 16 judgment for child support is entered, and in supplementary 17 proceedings in any such county to enforce or vary the terms 18 of such order or judgment arising out of an action for 19 dissolution of marriage filed in such county, the court, 20 except as it otherwise orders under subsection (4) of this 21 Section, may direct that child support payments be made 22 either to the clerk of the court or to the Court Service 23 Division of the County Department of Public Aid. After the 24 effective date of this Act, the court, except as it otherwise 25 orders under subsection (4) of this Section, may direct that 26 child support payments be made either to the clerk of the 27 court or to the Illinois Department of Human ServicesPublic28Aid. 29 (4) In a dissolution of marriage action or supplementary 30 proceedings involving maintenance or child support payments, 31 or both, to persons who are recipients of aid under the 32 Illinois Public Aid Code, the court shall direct that such 33 payments be made to (a) the Illinois Department of Human 34 ServicesPublic Aidif the persons are recipients under -604- LRB9206615WHmb 1 Articles III, IV, or V of the Code, or (b) the local 2 governmental unit responsible for their support if they are 3 recipients under Articles VI or VII of the Code. In 4 accordance with federal law and regulations, the Illinois 5 Department of Human ServicesPublic Aidmay continue to 6 collect current maintenance payments or child support 7 payments, or both, after those persons cease to receive 8 public assistance and until termination of services under 9 Article X of the Illinois Public Aid Code. The Illinois 10 Department of Human ServicesPublic Aidshall pay the net 11 amount collected to those persons after deducting any costs 12 incurred in making the collection or any collection fee from 13 the amount of any recovery made. The order shall permit the 14 Illinois Department of Human ServicesPublic Aidor the local 15 governmental unit, as the case may be, to direct that 16 payments be made directly to the former spouse, the children, 17 or both, or to some person or agency in their behalf, upon 18 removal of the former spouse or children from the public aid 19 rolls or upon termination of services under Article X of the 20 Illinois Public Aid Code; and upon such direction, the 21 Illinois Department or local governmental unit, as the case 22 requires, shall give notice of such action to the court in 23 writing or by electronic transmission. 24 (5) All clerks of the court and the Court Service 25 Division of a County Department of Public Aid and, after the 26 effective date of this Act, all clerks of the court and the 27 Illinois Department of Human ServicesPublic Aid, receiving 28 child support payments under subsections (2) and (3) of this 29 Section shall disburse the payments to the person or persons 30 entitled thereto under the terms of the order or judgment. 31 They shall establish and maintain current records of all 32 moneys received and disbursed and of defaults and 33 delinquencies in required payments. The court, by order or 34 rule, shall make provision for the carrying out of these -605- LRB9206615WHmb 1 duties. 2 Upon notification in writing or by electronic 3 transmission from the Illinois Department of Human Services 4Public Aidto the clerk of the court that a person who is 5 receiving support payments under this Section is receiving 6 services under the Child Support Enforcement Program 7 established by Title IV-D of the Social Security Act, any 8 support payments subsequently received by the clerk of the 9 court shall be transmitted in accordance with the 10 instructions of the Illinois Department of Human Services 11Public Aiduntil the Department gives notice to the clerk of 12 the court to cease the transmittal. After providing the 13 notification authorized under this paragraph, the Illinois 14 Department of Human ServicesPublic Aidshall be entitled as 15 a party to notice of any further proceedings in the case. 16 The clerk of the court shall file a copy of the notification 17 of the Illinois Department of Human ServicesPublic Aid's18notificationin the court file. The failure of the clerk to 19 file a copy of the notification in the court file shall not, 20 however, affect the right of the Illinois Department of Human 21 ServicesPublic Aid's rightto receive notice of further 22 proceedings. 23 Payments under this Section to the Illinois Department of 24 Human ServicesPublic Aidpursuant to the Child Support 25 Enforcement Program established by Title IV-D of the Social 26 Security Act shall be paid into the Child Support Enforcement 27 Trust Fund. All payments under this Section to the Illinois 28 Department of Human Services shall be deposited in the DHS 29 Recoveries Trust Fund. Disbursements from these funds shall 30 be as provided in the Illinois Public Aid Code. Payments 31 received by a local governmental unit shall be deposited in 32 that unit's General Assistance Fund. Any order of court 33 directing payment of child support to a clerk of court or the 34 Court Service Division of a County Department of Public Aid, -606- LRB9206615WHmb 1 which order has been entered on or after August 14, 1961, and 2 prior to the effective date of this Act, may be amended by 3 the court in line with this Act; and orders involving 4 payments of maintenance or child support to recipients of 5 public aid may in like manner be amended to conform to this 6 Act. 7 (6) No filing fee or costs will be required in any 8 action brought at the request of the Illinois Department of 9 Human ServicesPublic Aidin any proceeding under this Act. 10 However, any such fees or costs may be assessed by the court 11 against the respondent in the court's order of support or any 12 modification thereof in a proceeding under this Act. 13 (7) For those cases in which child support is payable to 14 the clerk of the circuit court for transmittal to the 15 Illinois Department of Human ServicesPublic Aidby order of 16 court or upon notification by the Illinois Department of 17 Human ServicesPublic Aid, the clerk shall transmit all such 18 payments, within 4 working days of receipt, to insure that 19 funds are available for immediate distribution by the 20 Department to the person or entity entitled thereto in 21 accordance with standards of the Child Support Enforcement 22 Program established under Title IV-D of the Social Security 23 Act. The clerk shall notify the Department of the date of 24 receipt and amount thereof at the time of transmittal. Where 25 the clerk has entered into an agreement of cooperation with 26 the Department to record the terms of child support orders 27 and payments made thereunder directly into the Department's 28 automated data processing system, the clerk shall account 29 for, transmit and otherwise distribute child support payments 30 in accordance with such agreement in lieu of the requirements 31 contained herein. 32 In any action filed in a county with a population of 33 1,000,000 or less, the court shall assess against the 34 respondent in any order of maintenance or child support any -607- LRB9206615WHmb 1 sum up to $36 annually authorized by ordinance of the county 2 board to be collected by the clerk of the court as costs for 3 administering the collection and disbursement of maintenance 4 and child support payments. Such sum shall be in addition to 5 and separate from amounts ordered to be paid as maintenance 6 or child support. 7 (8) To the extent the provisions of this Section are 8 inconsistent with the requirements pertaining to the State 9 Disbursement Unit under Section 507.1 of this Act and Section 10 10-26 of the Illinois Public Aid Code, the requirements 11 pertaining to the State Disbursement Unit shall apply. 12 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 13 90-790, eff. 8-14-98; 91-24, eff. 7-1-99; 91-212, eff. 14 7-20-99; 91-357, eff. 7-29-99; revised 8-31-99.) 15 (750 ILCS 5/709) (from Ch. 40, par. 709) 16 Sec. 709. Mandatory child support payments to clerk. 17 (a) As of January 1, 1982, child support orders entered 18 in any county covered by this subsection shall be made 19 pursuant to the provisions of Sections 709 through 712 of 20 this Act. For purposes of these Sections, the term "child 21 support payment" or "payment" shall include any payment 22 ordered to be made solely for the purpose of the support of a 23 child or children or any payment ordered for general support 24 which includes any amount for support of any child or 25 children. 26 The provisions of Sections 709 through 712 shall be 27 applicable to any county with a population of 2 million or 28 more and to any other county which notifies the Supreme Court 29 of its desire to be included within the coverage of these 30 Sections and is certified pursuant to Supreme Court Rules. 31 The effective date of inclusion, however, shall be 32 subject to approval of the application for reimbursement of 33 the costs of the support program by the Department of Human -608- LRB9206615WHmb 1 ServicesPublic Aidas provided in Section 712. 2 (b) In any proceeding for a dissolution of marriage, 3 legal separation, or declaration of invalidity of marriage, 4 or in any supplementary proceedings in which a judgment or 5 modification thereof for the payment of child support is 6 entered on or after January 1, 1982, in any county covered by 7 Sections 709 through 712, and the person entitled to payment 8 is receiving a grant of financial aid under Article IV of the 9 Illinois Public Aid Code or has applied and qualified for 10 support services under Section 10-1 of that Code, the court 11 shall direct: (1) that such payments be made to the clerk of 12 the court and (2) that the parties affected shall each 13 thereafter notify the clerk of any change of address or 14 change in other conditions that may affect the administration 15 of the order, including the fact that a party who was 16 previously not on public aid has become a recipient of public 17 aid, within 10 days of such change. All notices sent to the 18 obligor's last known address on file with the clerk shall be 19 deemed sufficient to proceed with enforcement pursuant to the 20 provisions of Sections 709 through 712. 21 In all other cases, the court may direct that payments be 22 made to the clerk of the court. 23 (c) Except as provided in subsection (d) of this 24 Section, the clerk shall disburse the payments to the person 25 or persons entitled thereto under the terms of the order or 26 judgment. 27 (d) The court shall determine, prior to the entry of the 28 support order, if the party who is to receive the support is 29 presently receiving public aid or has a current application 30 for public aid pending and shall enter the finding on the 31 record. 32 If the person entitled to payment is a recipient of aid 33 under the Illinois Public Aid Code, the clerk, upon being 34 informed of this fact by finding of the court, by -609- LRB9206615WHmb 1 notification by the party entitled to payment, by the 2 Illinois Department of Human ServicesPublic Aidor by the 3 local governmental unit, shall make all payments to: (1) the 4 Illinois Department of Human ServicesPublic Aidif the 5 person is a recipient under Article III, IV, or V of the Code 6 or (2) the local governmental unit responsible for his or her 7 support if the person is a recipient under Article VI or VII 8 of the Code. In accordance with federal law and regulations, 9 the Illinois Department of Human ServicesPublic Aidmay 10 continue to collect current maintenance payments or child 11 support payments, or both, after those persons cease to 12 receive public assistance and until termination of services 13 under Article X of the Illinois Public Aid Code. The 14 Illinois Department of Human ServicesPublic Aidshall pay 15 the net amount collected to those persons after deducting any 16 costs incurred in making the collection or any collection fee 17 from the amount of any recovery made. Upon termination of 18 public aid payments to such a recipient or termination of 19 services under Article X of the Illinois Public Aid Code, the 20 Illinois Department of Human ServicesPublic Aidor the 21 appropriate local governmental unit shall notify the clerk in 22 writing or by electronic transmission that all subsequent 23 payments are to be sent directly to the person entitled 24 thereto. 25 Upon notification in writing or by electronic 26 transmission from the Illinois Department of Human Services 27Public Aidto the clerk of the court that a person who is 28 receiving support payments under this Section is receiving 29 services under the Child Support Enforcement Program 30 established by Title IV-D of the Social Security Act, any 31 support payments subsequently received by the clerk of the 32 court shall be transmitted in accordance with the 33 instructions of the Illinois Department of Human Services 34Public Aiduntil the Department gives notice to the clerk of -610- LRB9206615WHmb 1 the court to cease the transmittal. After providing the 2 notification authorized under this paragraph, the Illinois 3 Department of Human ServicesPublic Aidshall be entitled as 4 a party to notice of any further proceedings in the case. 5 The clerk of the court shall file a copy of the Illinois 6 notification to the Department of Human ServicesPublic Aid's7notificationin the court file. The failure of the clerk to 8 file a copy of the notification in the court file shall not, 9 however, affect the right of the Illinois Department of Human 10 ServicesPublic Aid's rightto receive notice of further 11 proceedings. 12 Payments under this Section to the Illinois Department of 13 Human ServicesPublic Aidpursuant to the Child Support 14 Enforcement Program established by Title IV-D of the Social 15 Security Act shall be paid into the Child Support Enforcement 16 Trust Fund. All payments under this Section to the Illinois 17 Department of Human Services shall be deposited in the DHS 18 Recoveries Trust Fund. Disbursements from these funds shall 19 be as provided in the Illinois Public Aid Code. Payments 20 received by a local governmental unit shall be deposited in 21 that unit's General Assistance Fund. 22 (e) Any order or judgment may be amended by the court, 23 upon its own motion or upon the motion of either party, to 24 conform with the provisions of Sections 709 through 712, 25 either as to the requirement of making payments to the clerk 26 or, where payments are already being made to the clerk, as to 27 the statutory fees provided for under Section 711. 28 (f) The clerk may invest in any interest bearing account 29 or in any securities, monies collected for the benefit of a 30 payee, where such payee cannot be found; however, the 31 investment may be only for the period until the clerk is able 32 to locate and present the payee with such monies. The clerk 33 may invest in any interest bearing account, or in any 34 securities, monies collected for the benefit of any other -611- LRB9206615WHmb 1 payee; however, this does not alter the clerk's obligation to 2 make payments to the payee in a timely manner. Any interest 3 or capital gains accrued shall be for the benefit of the 4 county and shall be paid into the special fund established in 5 subsection (b) of Section 711. 6 (g) The clerk shall establish and maintain a payment 7 record of all monies received and disbursed and such record 8 shall constitute prima facie evidence of such payment and 9 non-payment, as the case may be. 10 (h) For those cases in which child support is payable to 11 the clerk of the circuit court for transmittal to the 12 Illinois Department of Human ServicesPublic Aidby order of 13 court or upon notification by the Illinois Department of 14 Human ServicesPublic Aid, the clerk shall transmit all such 15 payments, within 4 working days of receipt, to insure that 16 funds are available for immediate distribution by the 17 Department to the person or entity entitled thereto in 18 accordance with standards of the Child Support Enforcement 19 Program established under Title IV-D of the Social Security 20 Act. The clerk shall notify the Department of the date of 21 receipt and amount thereof at the time of transmittal. Where 22 the clerk has entered into an agreement of cooperation with 23 the Department to record the terms of child support orders 24 and payments made thereunder directly into the Department's 25 automated data processing system, the clerk shall account 26 for, transmit and otherwise distribute child support payments 27 in accordance with such agreement in lieu of the requirements 28 contained herein. 29 (i) To the extent the provisions of this Section are 30 inconsistent with the requirements pertaining to the State 31 Disbursement Unit under Section 507.1 of this Act and Section 32 10-26 of the Illinois Public Aid Code, the requirements 33 pertaining to the State Disbursement Unit shall apply. 34 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; -612- LRB9206615WHmb 1 revised 9-28-99.) 2 (750 ILCS 5/712) (from Ch. 40, par. 712) 3 Sec. 712. (a) The Supreme Court may make Rules 4 concerning the certification of counties for inclusion in the 5 child support enforcement program and the application of the 6 procedures created by Sections 709 through 712 in the various 7 counties. 8 The Supreme Court shall inform each circuit court and 9 clerk of the court of the availability of the program to 10 reimburse counties desiring to participate in the program of 11 enforcement of child support payments. 12 The Supreme Court shall also distribute to each circuit 13 court and clerk of the court any materials prepared by the 14 Child and Spouse Support Unit comparing child support 15 enforcement in counties included and not included in this 16 program. 17 (b) The Illinois Department of Human ServicesPublic18Aid, through the Child and Spouse Support Unit provided for 19 by Section 10-3.1 of The Illinois Public Aid Code, shall have 20 general supervision of the child support programs created by 21 Sections 709 through 712 and shall have the powers and duties 22 provided in this Section, including the following: 23 (1) to make advance payments to any county included in 24 the program for expenses in preparing programs to enforce 25 payment of child support to the clerk from appropriations 26 made for such purposes by the General Assembly; 27 (2) to make payments to each covered county to pay for 28 its reasonable expenses actually necessary to maintain a 29 continuing program not paid for by fees, penalties, or other 30 monies; provided that, with respect to that portion of the 31 program on behalf of dependent children included in a grant 32 of financial aid under Article IV of The Illinois Public Aid 33 Code the Unit shall pay only such expenses as is its current -613- LRB9206615WHmb 1 practice or as it may deem appropriate; provided further that 2 the Unit shall only pay expenses of the entire program 3 subject to the availability of federal monies to pay the 4 majority of expenses of the entire child support enforcement 5 program; provided further that the Unit or Department may set 6 standards relating to enforcement which have to be met by any 7 county seeking to enter a contract with the Department for 8 reimbursement of expenses of the entire enforcement program 9 prior to an application for reimbursement being approved and 10 the contract granted; and provided further that such 11 standards may relate to, but are not limited to the following 12 factors: maintenance of the payment record, the definition of 13 delinquency; the period of time in which a delinquency must 14 be determined, the payor notified, the remittance received, 15 the referral to the state's attorney made, and the payment 16 remitted by the clerk to the payee or other party entitled to 17 the payment; the conditions under which referral will not be 18 made to the state's attorney; and the definitions and 19 procedures for other matters necessary for the conduct and 20 operation of the program; 21 (3) to monitor the various local programs for 22 enforcement of child support payments to the clerk; 23 (4) to act to encourage enforcement whenever local 24 enforcement procedures are inadequate; 25 (5) to receive monies from any source for assistance in 26 enforcement of child support; and 27 (6) to assist any county desirous of assistance in 28 establishing and maintaining a child support enforcement 29 program. 30 (c) Any county may apply for financial assistance to the 31 Unit to initiate or maintain a program of child support 32 enforcement. Every county which desires such assistance 33 shall apply according to procedures established by the Unit. 34 In its application, it shall state the following: financial -614- LRB9206615WHmb 1 needs, personnel requirements, anticipated caseloads, any 2 amounts collected or anticipated in fees or penalties, and 3 any other information required by the Unit. 4 (d) In the case that any advance money is given to any 5 county under this Section to initiate an enforcement system, 6 the county shall reimburse the state within 2 years from the 7 date such monies are given to it. The Unit may establish an 8 appropriate schedule of reimbursement for any county. 9 (e) In the event of the unavailability of federal monies 10 to pay for the greater part of the costs to a county of the 11 child support enforcement program under Sections 709 through 12 712 and the resulting cessation of state participation, the 13 operation of the child support enforcement program under 14 Sections 709 through 712 shall terminate. The date and the 15 method of termination shall be determined by Supreme Court 16 Rule. 17 (Source: P.A. 84-1395.) 18 Section 470. The Non-Support Punishment Act is amended 19 by changing Sections 7, 20, 25, 30, 35, and 60 as follows: 20 (750 ILCS 16/7) 21 Sec. 7. Prosecutions by Attorney General. In addition 22 to enforcement proceedings by the several State's Attorneys, 23 a proceeding for the enforcement of this Act may be 24 instituted and prosecuted by the Attorney General in cases 25 referred by the Illinois Department of Human ServicesPublic26Aidinvolving persons receiving child and spouse support 27 services under Article X of the Illinois Public Aid Code. 28 Before referring a case to the Attorney General for 29 enforcement under this Act, the Department of Human Services 30Public Aidshall notify the person receiving child and spouse 31 support services under Article X of the Illinois Public Aid 32 Code of the Department's intent to refer the case to the -615- LRB9206615WHmb 1 Attorney General under this Section for prosecution. 2 (Source: P.A. 91-613, eff. 10-1-99.) 3 (750 ILCS 16/20) 4 Sec. 20. Entry of order for support; income withholding. 5 (a) In a case in which no court or administrative order 6 for support is in effect against the defendant: 7 (1) at any time before the trial, upon motion of the 8 State's Attorney, or of the Attorney General if the 9 action has been instituted by his office, and upon notice 10 to the defendant, or at the time of arraignment or as a 11 condition of postponement of arraignment, the court may 12 enter such temporary order for support as may seem just, 13 providing for the support or maintenance of the spouse or 14 child or children of the defendant, or both, pendente 15 lite; or 16 (2) before trial with the consent of the defendant, 17 or at the trial on entry of a plea of guilty, or after 18 conviction, instead of imposing the penalty provided in 19 this Act, or in addition thereto, the court may enter an 20 order for support, subject to modification by the court 21 from time to time as circumstances may require, directing 22 the defendant to pay a certain sum for maintenance of the 23 spouse, or for support of the child or children, or both. 24 (b) The court shall determine the amount of child support 25 by using the guidelines and standards set forth in subsection 26 (a) of Section 505 and in Section 505.2 of the Illinois 27 Marriage and Dissolution of Marriage Act. 28 If (i) the non-custodial parent was properly served with 29 a request for discovery of financial information relating to 30 the non-custodial parent's ability to provide child support, 31 (ii) the non-custodial parent failed to comply with the 32 request, despite having been ordered to do so by the court, 33 and (iii) the non-custodial parent is not present at the -616- LRB9206615WHmb 1 hearing to determine support despite having received proper 2 notice, then any relevant financial information concerning 3 the non-custodial parent's ability to provide support that 4 was obtained pursuant to subpoena and proper notice shall be 5 admitted into evidence without the need to establish any 6 further foundation for its admission. 7 (c) The court shall determine the amount of maintenance 8 using the standards set forth in Section 504 of the Illinois 9 Marriage and Dissolution of Marriage Act. 10 (d) The court may, for violation of any order under this 11 Section, punish the offender as for a contempt of court, but 12 no pendente lite order shall remain in effect longer than 4 13 months, or after the discharge of any panel of jurors 14 summoned for service thereafter in such court, whichever is 15 sooner. 16 (e) Any order for support entered by the court under this 17 Section shall be deemed to be a series of judgments against 18 the person obligated to pay support under the judgments, each 19 such judgment to be in the amount of each payment or 20 installment of support and each judgment to be deemed entered 21 as of the date the corresponding payment or installment 22 becomes due under the terms of the support order. Each 23 judgment shall have the full force, effect, and attributes of 24 any other judgment of this State, including the ability to be 25 enforced. Each judgment is subject to modification or 26 termination only in accordance with Section 510 of the 27 Illinois Marriage and Dissolution of Marriage Act. A lien 28 arises by operation of law against the real and personal 29 property of the noncustodial parent for each installment of 30 overdue support owed by the noncustodial parent. 31 (f) An order for support entered under this Section shall 32 include a provision requiring the obligor to report to the 33 obligee and to the clerk of the court within 10 days each 34 time the obligor obtains new employment, and each time the -617- LRB9206615WHmb 1 obligor's employment is terminated for any reason. The 2 report shall be in writing and shall, in the case of new 3 employment, include the name and address of the new employer. 4 Failure to report new employment or the termination of 5 current employment, if coupled with nonpayment of support for 6 a period in excess of 60 days, is indirect criminal contempt. 7 For any obligor arrested for failure to report new 8 employment, bond shall be set in the amount of the child 9 support that should have been paid during the period of 10 unreported employment. 11 An order for support entered under this Section shall 12 also include a provision requiring the obligor and obligee 13 parents to advise each other of a change in residence within 14 5 days of the change except when the court finds that the 15 physical, mental, or emotional health of a party or of a 16 minor child, or both, would be seriously endangered by 17 disclosure of the party's address. 18 (g) An order for support entered or modified in a case in 19 which a party is receiving child and spouse support services 20 under Article X of the Illinois Public Aid Code shall include 21 a provision requiring the noncustodial parent to notify the 22 Illinois Department of Human ServicesPublic Aid, within 7 23 days, of the name and address of any new employer of the 24 noncustodial parent, whether the noncustodial parent has 25 access to health insurance coverage through the employer or 26 other group coverage and, if so, the policy name and number 27 and the names of persons covered under the policy. 28 (h) In any subsequent action to enforce an order for 29 support entered under this Act, upon sufficient showing that 30 diligent effort has been made to ascertain the location of 31 the noncustodial parent, service of process or provision of 32 notice necessary in that action may be made at the last known 33 address of the noncustodial parent, in any manner expressly 34 provided by the Code of Civil Procedure or in this Act, which -618- LRB9206615WHmb 1 service shall be sufficient for purposes of due process. 2 (i) An order for support shall include a date on which 3 the current support obligation terminates. The termination 4 date shall be no earlier than the date on which the child 5 covered by the order will attain the age of majority or is 6 otherwise emancipated. The order for support shall state that 7 the termination date does not apply to any arrearage that may 8 remain unpaid on that date. Nothing in this subsection shall 9 be construed to prevent the court from modifying the order. 10 (Source: P.A. 91-613, eff. 10-1-99; 91-767, eff. 6-9-00.) 11 (750 ILCS 16/25) 12 Sec. 25. Payment of support to State Disbursement Unit; 13 clerk of the court. 14 (a) As used in this Section, "order for support", 15 "obligor", "obligee", and "payor" mean those terms as defined 16 in the Income Withholding for Support Act. 17 (b) Each order for support entered or modified under 18 Section 20 of this Act shall require that support payments be 19 made to the State Disbursement Unit established under the 20 Illinois Public Aid Code, under the following circumstances: 21 (1) when a party to the order is receiving child and 22 spouse support services under Article X of the Illinois 23 Public Aid Code; or 24 (2) when no party to the order is receiving child 25 and spouse support services, but the support payments are 26 made through income withholding. 27 (c) When no party to the order is receiving child and 28 spouse support services, and payments are not being made 29 through income withholding, the court shall order the obligor 30 to make support payments to the clerk of the court. 31 (d) In the case of an order for support entered by the 32 court under this Act before a party commenced receipt of 33 child and spouse support services, upon receipt of these -619- LRB9206615WHmb 1 services by a party the Illinois Department of Human Services 2Public Aidshall provide notice to the obligor to send any 3 support payments he or she makes personally to the State 4 Disbursement Unit until further direction of the Department. 5 The Department shall provide a copy of the notice to the 6 obligee and to the clerk of the court. 7 (e) If a State Disbursement Unit as specified by federal 8 law has not been created in Illinois upon the effective date 9 of this Act, then, until the creation of a State Disbursement 10 Unit as specified by federal law, the following provisions 11 regarding payment and disbursement of support payments shall 12 control and the provisions in subsections (a), (b), (c), and 13 (d) shall be inoperative. Upon the creation of a State 14 Disbursement Unit as specified by federal law, this 15 subsection (e) shall be inoperative and the payment and 16 disbursement provisions of subsections (a), (b), (c), and (d) 17 shall control. 18 (1) In cases in which an order for support is 19 entered under Section 20 of this Act, the court shall 20 order that maintenance and support payments be made to 21 the clerk of the court for remittance to the person or 22 agency entitled to receive the payments. However, the 23 court in its discretion may direct otherwise where 24 exceptional circumstances so warrant. 25 (2) The court shall direct that support payments be 26 sent by the clerk to (i) the Illinois Department of Human 27 ServicesPublic Aidif the person in whose behalf 28 payments are made is receiving aid under Articles III, 29 IV, or V of the Illinois Public Aid Code, or child and 30 spouse support services under Article X of the Code, or 31 (ii) to the local governmental unit responsible for the 32 support of the person if he or she is a recipient under 33 Article VI of the Code. In accordance with federal law 34 and regulations, the Illinois Department of Human -620- LRB9206615WHmb 1 ServicesPublic Aidmay continue to collect current 2 maintenance payments or child support payments, or both, 3 after those persons cease to receive public assistance 4 and until termination of services under Article X of the 5 Illinois Public Aid Code. The Illinois Department shall 6 pay the net amount collected to those persons after 7 deducting any costs incurred in making the collection or 8 any collection fee from the amount of any recovery made. 9 The order shall permit the Illinois Department of Human 10 ServicesPublic Aidor the local governmental unit, as 11 the case may be, to direct that support payments be made 12 directly to the spouse, children, or both, or to some 13 person or agency in their behalf, upon removal of the 14 spouse or children from the public aid rolls or upon 15 termination of services under Article X of the Illinois 16 Public Aid Code; and upon such direction, the Illinois 17 Department or the local governmental unit, as the case 18 requires, shall give notice of such action to the court 19 in writing or by electronic transmission. 20 (3) The clerk of the court shall establish and 21 maintain current records of all moneys received and 22 disbursed and of delinquencies and defaults in required 23 payments. The court, by order or rule, shall make 24 provision for the carrying out of these duties. 25 (4) Upon notification in writing or by electronic 26 transmission from the Illinois Department of Human 27 ServicesPublic Aidto the clerk of the court that a 28 person who is receiving support payments under this 29 Section is receiving services under the Child Support 30 Enforcement Program established by Title IV-D of the 31 Social Security Act, any support payments subsequently 32 received by the clerk of the court shall be transmitted 33 in accordance with the instructions of the Illinois 34 Department of Human ServicesPublic Aiduntil the -621- LRB9206615WHmb 1 Department gives notice to cease the transmittal. After 2 providing the notification authorized under this 3 paragraph, the Illinois Department of Human Services 4Public Aidshall be a party and entitled to notice of any 5 further proceedings in the case. The clerk of the court 6 shall file a copy of the notification to the Illinois 7 Department of Human ServicesPublic Aid's notificationin 8 the court file. The failure of the clerk to file a copy 9 of the notification in the court file shall not, however, 10 affect the rights of the Illinois Department of Human 11 ServicesPublic Aid's rightsas a party or its right to 12 receive notice of further proceedings. 13 (5) Payments under this Section to the Illinois 14 Department of Human ServicesPublic Aidpursuant to the 15 Child Support Enforcement Program established by Title 16 IV-D of the Social Security Act shall be paid into the 17 Child Support Enforcement Trust Fund. All other payments 18 under this Section to the Illinois Department of Human 19 ServicesPublic Aidshall be deposited in the Public 20 Assistance Recoveries Trust Fund. Disbursements from 21 these funds shall be as provided in the Illinois Public 22 Aid Code. Payments received by a local governmental unit 23 shall be deposited in that unit's General Assistance 24 Fund. 25 (6) For those cases in which child support is 26 payable to the clerk of the circuit court for transmittal 27 to the Illinois Department of Human ServicesPublic Aid28 by order of court or upon notification by the Illinois 29 Department of Human ServicesPublic Aid, the clerk shall 30 transmit all such payments, within 4 working days of 31 receipt, to insure that funds are available for immediate 32 distribution by the Department to the person or entity 33 entitled thereto in accordance with standards of the 34 Child Support Enforcement Program established under Title -622- LRB9206615WHmb 1 IV-D of the Social Security Act. The clerk shall notify 2 the Department of the date of receipt and amount thereof 3 at the time of transmittal. Where the clerk has entered 4 into an agreement of cooperation with the Department to 5 record the terms of child support orders and payments 6 made thereunder directly into the Department's automated 7 data processing system, the clerk shall account for, 8 transmit and otherwise distribute child support payments 9 in accordance with such agreement in lieu of the 10 requirements contained herein. 11 (Source: P.A. 91-613, eff. 10-1-99.) 12 (750 ILCS 16/30) 13 Sec. 30. Information to State Case Registry. 14 (a) When an order for support is entered or modified 15 under Section 20 of this Act, the clerk of the court shall, 16 within 5 business days, provide to the State Case Registry 17 established under Section 10-27 of the Illinois Public Aid 18 Code the court docket number and county in which the order is 19 entered or modified and the following information, which the 20 parents involved in the case shall disclose to the court: 21 (1) the names of the custodial and noncustodial 22 parents and of the child or children covered by the 23 order; 24 (2) the dates of birth of the custodial and 25 noncustodial parents and of the child or children covered 26 by the order; 27 (3) the social security numbers of the custodial and 28 noncustodial parents and, if available, of the child or 29 children covered by the order; 30 (4) the residential and mailing address for the 31 custodial and noncustodial parents; 32 (5) the telephone numbers for the custodial and 33 noncustodial parents; -623- LRB9206615WHmb 1 (6) the driver's license numbers for the custodial 2 and noncustodial parents; and 3 (7) the name, address, and telephone number of each 4 parent's employer or employers. 5 (b) When an order for support is entered or modified 6 under Section 20 in a case in which a party is receiving 7 child and spouse support services under Article X of the 8 Illinois Public Aid Code, the clerk shall provide the State 9 Case Registry with the following information within 5 10 business days: 11 (1) the information specified in subsection (a); 12 (2) the amount of monthly or other periodic support 13 owed under the order and other amounts, including 14 arrearages, interest, or late payment penalties and fees, 15 due or overdue under the order; 16 (3) any amounts described in subdivision (2) of this 17 subsection (b) that have been received by the clerk; and 18 (4) the distribution of the amounts received by the 19 clerk. 20 (c) A party shall report to the clerk of the circuit 21 court changes in information required to be disclosed under 22 this Section within 5 business days of the change. 23 (d) To the extent that updated information is in the 24 clerk's possession, the clerk shall provide updates of the 25 information specified in subsection (b) within 5 business 26 days after the request by the Illinois Department of Human 27 ServicesPublic Aid's requestfor that updated information. 28 (Source: P.A. 91-613, eff. 10-1-99.) 29 (750 ILCS 16/35) 30 Sec. 35. Fine; release of defendant on probation; 31 violation of order for support; forfeiture of recognizance. 32 (a) Whenever a fine is imposed it may be directed by the 33 court to be paid, in whole or in part, to the spouse, -624- LRB9206615WHmb 1 ex-spouse, or if the support of a child or children is 2 involved, to the custodial parent, to the clerk, probation 3 officer, or to the Illinois Department of Human Services 4Public Aidif a recipient of child and spouse support 5 services under Article X of the Illinois Public Aid Code is 6 involved as the case requires, to be disbursed by such 7 officers or agency under the terms of the order. 8 (b) The court may also relieve the defendant from custody 9 on probation for the period fixed in the order or judgment 10 upon his or her entering into a recognizance, with or without 11 surety, in the sum as the court orders and approves. The 12 condition of the recognizance shall be such that if the 13 defendant makes his or her personal appearance in court 14 whenever ordered to do so by the court, during such period as 15 may be so fixed, and further complies with the terms of the 16 order for support, or any subsequent modification of the 17 order, then the recognizance shall be void; otherwise it will 18 remain in full force and effect. 19 (c) If the court is satisfied by testimony in open court, 20 that at any time during the period of one year the defendant 21 has violated the terms of the order for support, it may 22 proceed with the trial of the defendant under the original 23 charge, or sentence him or her under the original conviction, 24 or enforce the suspended sentence, as the case may be. In 25 case of forfeiture of recognizance, and enforcement of 26 recognizance by execution, the sum so recovered may, in the 27 discretion of the court, be paid, in whole or in part, to the 28 spouse, ex-spouse, or if the support of a child or children 29 is involved, to the custodial parent, to the clerk, or to the 30 Illinois Department of Human ServicesPublic Aidif a 31 recipient of child and spouse support services under Article 32 X of the Illinois Public Aid Code is involved as the case 33 requires, to be disbursed by the clerk or the Department 34 under the terms of the order. -625- LRB9206615WHmb 1 (Source: P.A. 91-613, eff. 10-1-99.) 2 (750 ILCS 16/60) 3 Sec. 60. Unemployed persons owing duty of support. 4 (a) Whenever it is determined in a proceeding to 5 establish or enforce a child support or maintenance 6 obligation that the person owing a duty of support is 7 unemployed, the court may order the person to seek employment 8 and report periodically to the court with a diary, listing or 9 other memorandum of his or her efforts in accordance with 10 such order. Additionally, the court may order the unemployed 11 person to report to the Department of Employment Security for 12 job search services or to make application with the local Job 13JobsTraining Partnership Act provider for participation in 14 job search, training, or work programs and where the duty of 15 support is owed to a child receiving support services under 16 Article X of the Illinois Public Aid Code the court may order 17 the unemployed person to report to the Illinois Department of 18 Human ServicesPublic Aidfor participation in job search, 19 training, or work programs established under Section 9-6 and 20 Article IXA of that Code. 21 (b) Whenever it is determined that a person owes past 22 due support for a child or for a child and the parent with 23 whom the child is living, and the child is receiving 24 assistance under the Illinois Public Aid Code, the court 25 shall order at the request of the Illinois Department of 26 Human ServicesPublic Aid: 27 (1) that the person pay the past-due support in 28 accordance with a plan approved by the court; or 29 (2) if the person owing past-due support is 30 unemployed, is subject to such a plan, and is not 31 incapacitated, that the person participate in such job 32 search, training, or work programs established under 33 Section 9-6 and Article IXA of the Illinois Public Aid -626- LRB9206615WHmb 1 Code as the court deems appropriate. 2 (Source: P.A. 91-613, eff. 10-1-99; revised 10-1-99.) 3 Section 475. The Uniform Interstate Family Support Act is 4 amended by changing Sections 102, 310, and 320 as follows: 5 (750 ILCS 22/102) 6 Sec. 102. Tribunal of State. The circuit court is a 7 tribunal of this State. The Illinois Department of Human 8 ServicesPublic Aidis an initiating tribunal. The Illinois 9 Department of Human ServicesPublic Aidis also a responding 10 tribunal of this State to the extent that it can 11 administratively establish paternity and establish, modify, 12 and enforce an administrative child-support order under 13 authority of Article X of the Illinois Public Aid Code. 14 (Source: P.A. 90-240, eff. 7-28-97.) 15 (750 ILCS 22/310) 16 Sec. 310. Duties of the Illinois Department of Human 17 ServicesPublic Aid. 18 (a) The Illinois Department of Human ServicesPublic Aid19 is the state information agency under this Act. 20 (b) The state information agency shall: 21 (1) compile and maintain a current list, including 22 addresses, of the tribunals in this State which have 23 jurisdiction under this Act and any support enforcement 24 agencies in this State and transmit a copy to the state 25 information agency of every other state; 26 (2) maintain a register of tribunals and support 27 enforcement agencies received from other states; 28 (3) forward to the appropriate tribunal in the 29 place in this State in which the individual obligee or 30 the obligor resides, or in which the obligor's property 31 is believed to be located, all documents concerning a -627- LRB9206615WHmb 1 proceeding under this Act received from an initiating 2 tribunal or the state information agency of the 3 initiating state; and 4 (4) obtain information concerning the location of 5 the obligor and the obligor's property within this State 6 not exempt from execution, by such means as postal 7 verification and federal or state locator services, 8 examination of telephone directories, requests for the 9 obligor's address from employers, and examination of 10 governmental records, including, to the extent not 11 prohibited by other law, those relating to real property, 12 vital statistics, law enforcement, taxation, motor 13 vehicles, driver's licenses, and social security. 14 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96 15 by P.A. 88-691.) 16 (750 ILCS 22/320) 17 Sec. 320. Payment of Support to State Disbursement Unit. 18 (a) As used in this Section: 19 "Order for support", "obligor", "obligee", and "payor" 20 mean those terms as defined in the Income Withholding for 21 Support Act, except that "order for support" means an order 22 entered by any tribunal of this State but shall not mean 23 orders providing for spousal maintenance under which there is 24 no child support obligation. 25 (b) Notwithstanding any other provision of this Act to 26 the contrary, each order for support entered or modified on 27 or after October 1, 1999 shall require that support payments 28 be made to the State Disbursement Unit established under 29 Section 10-26 of the Illinois Public Aid Code if: 30 (1) a party to the order is receiving child and 31 spouse support services under Article X of the Illinois 32 Public Aid Code; or 33 (2) no party to the order is receiving child and -628- LRB9206615WHmb 1 spouse support services, but the support payments are 2 made through income withholding. 3 (c) Support payments shall be made to the State 4 Disbursement Unit if: 5 (1) the order for support was entered before 6 October 1, 1999, and a party to the order is receiving 7 child and spouse support services under Article X of the 8 Illinois Public Aid Code; or 9 (2) no party to the order is receiving child and 10 spouse support services, and the support payments are 11 being made through income withholding. 12 (c-5) If no party to the order is receiving child and 13 spouse support services under Article X of the Illinois 14 Public Aid Code, and the support payments are not made 15 through income withholding, then support payments shall be 16 made as directed by the order for support. 17 (c-10) Within 15 days after the effective date of this 18 amendatory Act of the 91st General Assembly, the Illinois 19 Department shall provide written notice to the clerk of the 20 circuit court, the obligor, and, where applicable, the 21 obligor's payor to make payments to the State Disbursement 22 Unit if: 23 (1) the order for support was entered before 24 October 1, 1999, and a party to the order is receiving 25 child and spouse support services under Article X of the 26 Illinois Public Aid Code; or 27 (2) no party to the order is receiving child and 28 spouse support services, and the support payments are 29 being made through income withholding. 30 (c-15) Within 15 days after the effective date of this 31 amendatory Act of the 91st General Assembly, the clerk of the 32 circuit court shall provide written notice to the obligor to 33 make payments directly to the clerk of the circuit court if 34 no party to the order is receiving child and spouse support -629- LRB9206615WHmb 1 services under Article X of the Illinois Public Aid Code, the 2 support payments are not made through income withholding, and 3 the order for support requires support payments to be made 4 directly to the clerk of the circuit court. 5 (c-20) If the State Disbursement Unit receives a support 6 payment that was not appropriately made to the Unit under 7 this Section, the Unit shall immediately return the payment 8 to the sender, including, if possible, instructions detailing 9 where to send the support payments. 10 (d) The notices required under subsections (c-10) and 11 (c-15) may be sent by ordinary mail, certified mail, return 12 receipt requested, facsimile transmission, or other 13 electronic process, or may be served upon the obligor or 14 payor using any method provided by law for service of a 15 summons. The Illinois Department of Human ServicesPublic16Aidshall provide a copy of the notice to the obligee and to 17 the clerk of the court. 18 (Source: P.A. 91-677, eff. 1-5-00.) 19 Section 480. The Expedited Child Support Act of 1990 is 20 amended by changing Sections 3 and 6 as follows: 21 (750 ILCS 25/3) (from Ch. 40, par. 2703) 22 Sec. 3. Definitions. For the purposes of this Act, the 23 following terms shall have the following meaning: 24 (a) "Administrative Hearing Officer" shall mean the 25 person employed by the Chief Judge of the Circuit Court of 26 each county establishing an Expedited Child Support System 27 for the purpose of hearing child support and parentage 28 matters and making recommendations. 29 (b) "Administrative expenses" shall mean, but not be 30 limited to, the costs of personnel, travel, equipment, 31 telecommunications, postage, space, contractual services, and 32 other related costs necessary to implement the provisions of -630- LRB9206615WHmb 1 this Act. 2 (c) "Arrearage" shall mean the total amount of unpaid 3 child support obligations. 4 (d) "Department" shall mean the Illinois Department of 5 Human ServicesPublic Aid. 6 (e) "Expedited child support hearing" shall mean a 7 hearing before an Administrative Hearing Officer pursuant to 8 this Act. 9 (f) "Federal time frames" shall mean the time frames 10 established for the IV-D program in regulations promulgated 11 by the United States Department of Health and Human Services, 12 Office of Child Support Enforcement, (codified at 45 C.F.R. 13 303), for the disposition of parentage and child support 14 cases and shall, for purposes of this Act, apply to all 15 parentage and child support matters, whether IV-D or 16 non-IV-D. 17 (g) "System" shall mean the procedures and personnel 18 created by this Act for the expedited establishment, 19 modification, and enforcement of child support orders, and 20 for the expedited establishment of parentage. 21 (h) "IV-D program" shall mean the Child Support 22 Enforcement Program established pursuant to Title IV, Part D 23 of the Social Security Act, (42 U.S.C. 651 et seq.) as 24 administered by the Illinois Department of Human Services 25Public Aid. 26 (i) "Medical support" shall mean support provided 27 pursuant to Section 505.2 of the Illinois Marriage and 28 Dissolution of Marriage Act. 29 (j) "Obligee" shall mean the individual to whom a duty 30 of support is owed or that individual's legal representative. 31 (k) "Obligor" shall mean the individual who owes a duty 32 to make payments under an order of support. 33 (l) "Plan" shall mean the plan submitted by the Chief 34 Judge of a Judicial Circuit to the Supreme Court for the -631- LRB9206615WHmb 1 creation of an Expedited Child Support System in such circuit 2 pursuant to this Act. 3 (m) "Pre-hearing motions" shall mean all motions, the 4 disposition of which requires a court order, except motions 5 for the ultimate relief requested in the petition to commence 6 the action. 7 (n) "Recommendations" shall mean the Administrative 8 Hearing Officer's proposed findings of fact, recommended 9 orders and any other recommendations made by the 10 Administrative Hearing Officer. 11 (Source: P.A. 86-1401.) 12 (750 ILCS 25/6) (from Ch. 40, par. 2706) 13 Sec. 6. Authority of hearing officers. 14 (a) With the exception of judicial functions exclusively 15 retained by the court in Section 8 of this Act and in 16 accordance with Supreme Court rules promulgated pursuant to 17 this Act, Administrative Hearing Officers shall be authorized 18 to: 19 (1) Accept voluntary agreements reached by the 20 parties setting the amount of child support to be paid 21 and medical support liability and recommend the entry of 22 orders incorporating such agreements. 23 (2) Accept voluntary acknowledgments of parentage 24 and recommend entry of an order establishing parentage 25 based on such acknowledgement. Prior to accepting such 26 acknowledgment, the Administrative Hearing Officer shall 27 advise the putative father of his rights and obligations 28 in accordance with Supreme Court rules promulgated 29 pursuant to this Act. 30 (3) Manage all stages of discovery, including 31 setting deadlines by which discovery must be completed; 32 and directing the parties to submit to appropriate tests 33 pursuant to Section 11 of the Illinois Parentage Act of -632- LRB9206615WHmb 1 1984. 2 (4) Cause notices to be issued requiring the 3 Obligor to appear either before the Administrative 4 Hearing Officer or in court. 5 (5) Administer the oath or affirmation and take 6 testimony under oath or affirmation. 7 (6) Analyze the evidence and prepare written 8 recommendations based on such evidence, including but not 9 limited to: (i) proposed findings as to the amount of the 10 Obligor's income; (ii) proposed findings as to the amount 11 and nature of appropriate deductions from the Obligor's 12 income to determine the Obligor's net income; (iii) 13 proposed findings as to the existence of relevant factors 14 as set forth in subsection (a)(2) of Section 505 of the 15 Illinois Marriage and Dissolution of Marriage Act, which 16 justify setting child support payment levels above or 17 below the guidelines; (iv) recommended orders for 18 temporary child support; (v) recommended orders setting 19 the amount of current child support to be paid; (vi) 20 proposed findings as to the existence and amount of any 21 arrearages; (vii) recommended orders reducing any 22 arrearages to judgement and for the payment of amounts 23 towards such arrearages; (viii) proposed findings as to 24 whether there has been a substantial change of 25 circumstances since the entry of the last child support 26 order, or other circumstances justifying a modification 27 of the child support order; and (ix) proposed findings as 28 to whether the Obligor is employed. 29 (7) With respect to any unemployed Obligor who is 30 not making child support payments or is otherwise unable 31 to provide support, recommend that the Obligor be ordered 32 to seek employment and report periodically of his or her 33 efforts in accordance with such order. Additionally, the 34 Administrative Hearing Officer may recommend that the -633- LRB9206615WHmb 1 Obligor be ordered to report to the Department of 2 Employment Security for job search services or to make 3 application with the local JobJobsTraining Partnership 4 Act provider for participation in job search, training or 5 work programs and, where the duty of support is owed to a 6 child receiving support services under Article X of the 7 Illinois Public Aid Code, the Administrative Hearing 8 Officer may recommend that the Obligor be ordered to 9 report to the Illinois Department of Human Services 10Public Aidfor participation in the job search, training 11 or work programs established under Section 9-6 of the 12 Public Aid Code.; and13 (8) Recommend the registration of any foreign 14 support judgments or orders as the judgments or orders of 15 Illinois. 16 (b) In any case in which the Obligee is not 17 participating in the IV-D program or has not applied to 18 participate in the IV-D program, the Administrative Hearing 19 Officer shall: 20 (1) inform the Obligee of the existence of the IV-D 21 program and provide applications on request; and 22 (2) inform the Obligee and the Obligor of the 23 option of requesting payment to be made through the Clerk 24 of the Circuit Court. 25 If a request for payment through the Clerk is made, the 26 Administrative Hearing Officer shall note this fact in the 27 recommendations to the court. 28 (c) The Administrative Hearing Officer may make 29 recommendations in addition to the proposed findings of fact 30 and recommended order to which the parties have agreed. 31 (Source: P.A. 86-1401; revised 2-23-00.) 32 Section 485. The Income Withholding for Support Act is 33 amended by changing Sections 15 and 45 as follows: -634- LRB9206615WHmb 1 (750 ILCS 28/15) 2 Sec. 15. Definitions. 3 (a) "Order for support" means any order of the court 4 which provides for periodic payment of funds for the support 5 of a child or maintenance of a spouse, whether temporary or 6 final, and includes any such order which provides for: 7 (1) modification or resumption of, or payment of 8 arrearage accrued under, a previously existing order; 9 (2) reimbursement of support; 10 (3) payment or reimbursement of the expenses of 11 pregnancy and delivery (for orders for support entered 12 under the Illinois Parentage Act of 1984 or its 13 predecessor the Paternity Act); or 14 (4) enrollment in a health insurance plan that is 15 available to the obligor through an employer or labor 16 union or trade union. 17 (b) "Arrearage" means the total amount of unpaid support 18 obligations as determined by the court and incorporated into 19 an order for support. 20 (b-5) "Business day" means a day on which State offices 21 are open for regular business. 22 (c) "Delinquency" means any payment under an order for 23 support which becomes due and remains unpaid after entry of 24 the order for support. 25 (d) "Income" means any form of periodic payment to an 26 individual, regardless of source, including, but not limited 27 to: wages, salary, commission, compensation as an independent 28 contractor, workers' compensation, disability, annuity, 29 pension, and retirement benefits, lottery prize awards, 30 insurance proceeds, vacation pay, bonuses, profit-sharing 31 payments, interest, and any other payments, made by any 32 person, private entity, federal or state government, any unit 33 of local government, school district or any entity created by 34 Public Act; however, "income" excludes: -635- LRB9206615WHmb 1 (1) any amounts required by law to be withheld, 2 other than creditor claims, including, but not limited 3 to, federal, State and local taxes, Social Security and 4 other retirement and disability contributions; 5 (2) union dues; 6 (3) any amounts exempted by the federal Consumer 7 Credit Protection Act; 8 (4) public assistance payments; and 9 (5) unemployment insurance benefits except as 10 provided by law. 11 Any other State or local laws which limit or exempt 12 income or the amount or percentage of income that can be 13 withheld shall not apply. 14 (e) "Obligor" means the individual who owes a duty to 15 make payments under an order for support. 16 (f) "Obligee" means the individual to whom a duty of 17 support is owed or the individual's legal representative. 18 (g) "Payor" means any payor of income to an obligor. 19 (h) "Public office" means any elected official or any 20 State or local agency which is or may become responsible by 21 law for enforcement of, or which is or may become authorized 22 to enforce, an order for support, including, but not limited 23 to: the Attorney General, theIllinois Department of Public24Aid, theIllinois Department of Human Services, the Illinois 25 Department of Children and Family Services, and the various 26 State's Attorneys, Clerks of the Circuit Court and 27 supervisors of general assistance. 28 (i) "Premium" means the dollar amount for which the 29 obligor is liable to his employer or labor union or trade 30 union and which must be paid to enroll or maintain a child in 31 a health insurance plan that is available to the obligor 32 through an employer or labor union or trade union. 33 (j) "State Disbursement Unit" means the unit established 34 to collect and disburse support payments in accordance with -636- LRB9206615WHmb 1 the provisions of Section 10-26 of the Illinois Public Aid 2 Code. 3 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790, 4 eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.) 5 (750 ILCS 28/45) 6 Sec. 45. Additional duties. 7 (a) An obligee who is receiving income withholding 8 payments under this Act shall notify the State Disbursement 9 Unit and the Clerk of the Circuit Court of any change of 10 address within 7 days of such change. 11 (b) An obligee who is a recipient of public aid shall 12 send a copy of any income withholding notice served by the 13 obligee to the Division of Child Support Enforcement of the 14 Illinois Department of Human ServicesPublic Aid. 15 (c) Each obligor shall notify the obligee, the public 16 office, and the Clerk of the Circuit Court of any change of 17 address within 7 days. 18 (d) An obligor whose income is being withheld pursuant 19 to this Act shall notify the obligee, the public office, and 20 the Clerk of the Circuit Court of any new payor, within 7 21 days. 22 (e) (Blank.) 23 (f) The obligee or public office shall provide notice to 24 the payor and Clerk of the Circuit Court of any other support 25 payment made, including but not limited to, a set-off under 26 federal and State law or partial payment of the delinquency 27 or arrearage, or both. 28 (g) The State Disbursement Unit shall maintain complete, 29 accurate, and clear records of all income withholding 30 payments and their disbursements. Certified copies of 31 payment records maintained by the State Disbursement Unit, a 32 public office, or the Clerk of the Circuit Court shall, 33 without further proof, be admitted into evidence in any legal -637- LRB9206615WHmb 1 proceedings under this Act. 2 (h) The Illinois Department of Human ServicesPublic Aid3 shall design suggested legal forms for proceeding under this 4 Act and shall make available to the courts such forms and 5 informational materials which describe the procedures and 6 remedies set forth herein for distribution to all parties in 7 support actions. 8 (i) At the time of transmitting each support payment, 9 the State Disbursement Unit shall provide the obligee or 10 public office, as appropriate, with any information furnished 11 by the payor as to the date the amount would (but for the 12 duty to withhold income) have been paid or credited to the 13 obligor. 14 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790, 15 eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.) 16 Section 490. The Illinois Parentage Act of 1984 is 17 amended by changing Sections 4.1, 5, 7, 8, 13.1, 14, 14.1, 18 15.1, 18, 21, 21.1, 22, and 23 as follows: 19 (750 ILCS 45/4.1) 20 Sec. 4.1. Administrative paternity determinations. 21 Notwithstanding any other provision of this Act, the Illinois 22 Department of Human ServicesPublic Aidmay make 23 administrative determinations of paternity and nonpaternity 24 in accordance with Section 10-17.7 of the Illinois Public Aid 25 Code. These determinations of paternity or nonpaternity 26 shall have the full force and effect of judgments entered 27 under this Act. 28 (Source: P.A. 88-687, eff. 1-24-95.) 29 (750 ILCS 45/5) (from Ch. 40, par. 2505) 30 Sec. 5. Presumption of Paternity. 31 (a) A man is presumed to be the natural father of a -638- LRB9206615WHmb 1 child if: 2 (1) he and the child's natural mother are or have 3 been married to each other, even though the marriage is 4 or could be declared invalid, and the child is born or 5 conceived during such marriage; 6 (2) after the child's birth, he and the child's 7 natural mother have married each other, even though the 8 marriage is or could be declared invalid, and he is 9 named, with his written consent, as the child's father on 10 the child's birth certificate; 11 (3) he and the child's natural mother have signed 12 an acknowledgment of paternity in accordance with rules 13 adopted by the Illinois Department of Human Services 14Public Aidunder Section 10-17.7 of the Illinois Public 15 Aid Code; or 16 (4) he and the child's natural mother have signed 17 an acknowledgment of parentage or, if the natural father 18 is someone other than one presumed to be the father under 19 this Section, an acknowledgment of parentage and denial 20 of paternity in accordance with Section 12 of the Vital 21 Records Act. 22 (b) A presumption under subdivision (a)(1) or (a)(2) of 23 this Section may be rebutted only by clear and convincing 24 evidence. A presumption under subdivision (a)(3) or (a)(4) 25 is conclusive, unless the acknowledgment of parentage is 26 rescinded under the process provided in Section 12 of the 27 Vital Records Act, upon the earlier of: 28 (1) 60 days after the date the acknowledgment of 29 parentage is signed, or 30 (2) the date of an administrative or judicial 31 proceeding relating to the child (including a proceeding 32 to establish a support order) in which the signatory is a 33 party; 34 except that if a minor has signed the acknowledgment of -639- LRB9206615WHmb 1 paternity or acknowledgment of parentage and denial of 2 paternity, the presumption becomes conclusive 6 months after 3 the minor reaches majority or is otherwise emancipated. 4 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.) 5 (750 ILCS 45/7) (from Ch. 40, par. 2507) 6 Sec. 7. Determination of Father and Child Relationship; 7 Who May Bring Action; Parties. 8 (a) An action to determine the existence of the father 9 and child relationship, whether or not such a relationship is 10 already presumed under Section 5 of this Act, may be brought 11 by the child; the mother; a pregnant woman; any person or 12 public agency who has custody of, or is providing or has 13 provided financial support to, the child; the Illinois 14 Department of Human ServicesPublic Aidif it is providing or 15 has provided financial support to the child or if it is 16 assisting with child support collection services; or a man 17 presumed or alleging himself to be the father of the child or 18 expected child. The complaint shall be verified and shall 19 name the person or persons alleged to be the father of the 20 child. 21 (b) An action to declare the non-existence of the parent 22 and child relationship may be brought by the child, the 23 natural mother, or a man presumed to be the father under 24 subdivision (a)(1) or (a)(2) of Section 5 of this Act. 25 Actions brought by the child, the natural mother or a 26 presumed father shall be brought by verified complaint. 27 After the presumption that a man presumed to be the 28 father under subdivision (a)(1) or (a)(2) of Section 5 has 29 been rebutted, paternity of the child by another man may be 30 determined in the same action, if he has been made a party. 31 (b-5) An action to declare the non-existence of the 32 parent and child relationship may be brought subsequent to an 33 adjudication of paternity in any judgment by the man -640- LRB9206615WHmb 1 adjudicated to be the father pursuant to the presumptions in 2 Section 5 of this Act if, as a result of deoxyribonucleic 3 acid (DNA) tests, it is discovered that the man adjudicated 4 to be the father is not the natural father of the child. 5 Actions brought by the adjudicated father shall be brought by 6 verified complaint. If, as a result of the deoxyribonucleic 7 acid (DNA) tests, the plaintiff is determined not to be the 8 father of the child, the adjudication of paternity and any 9 orders regarding custody, visitation, and future payments of 10 support may be vacated. 11 (c) If any party is a minor, he or she may be 12 represented by his or her general guardian or a guardian ad 13 litem appointed by the court, which may include an 14 appropriate agency. The court may align the parties. 15 (d) Regardless of its terms, an agreement, other than a 16 settlement approved by the court, between an alleged or 17 presumed father and the mother or child, does not bar an 18 action under this Section. 19 (e) If an action under this Section is brought before 20 the birth of the child, all proceedings shall be stayed until 21 after the birth, except for service or process, the taking of 22 depositions to perpetuate testimony, and the ordering of 23 blood tests under appropriate circumstances. 24 (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97; 25 90-715, eff. 8-7-98.) 26 (750 ILCS 45/8) (from Ch. 40, par. 2508) 27 Sec. 8. Statute of limitations. 28 (a) (1) An action brought by or on behalf of a child, an 29 action brought by a party alleging that he or she is the 30 child's natural parent, or an action brought by the 31 Illinois Department of Human ServicesPublic Aid, if it 32 is providing or has provided financial support to the 33 child or if it is assisting with child support collection -641- LRB9206615WHmb 1 services, shall be barred if brought later than 2 years 2 after the child reaches the age of majority; however, if 3 the action on behalf of the child is brought by a public 4 agency, other than the Illinois Department of Human 5 ServicesPublic Aidif it is providing or has provided 6 financial support to the child or if it is assisting with 7 child support collection services, it shall be barred 2 8 years after the agency has ceased to provide assistance 9 to the child. 10 (2) Failure to bring an action within 2 years shall 11 not bar any party from asserting a defense in any action 12 to declare the non-existence of the parent and child 13 relationship. 14 (3) An action to declare the non-existence of the 15 parent and child relationship brought under subsection 16 (b) of Section 7 of this Act shall be barred if brought 17 later than 2 years after the petitioner obtains knowledge 18 of relevant facts. The 2-year period for bringing an 19 action to declare the nonexistence of the parent and 20 child relationship shall not extend beyond the date on 21 which the child reaches the age of 18 years. Failure to 22 bring an action within 2 years shall not bar any party 23 from asserting a defense in any action to declare the 24 existence of the parent and child relationship. 25 (4) An action to declare the non-existence of the 26 parent and child relationship brought under subsection 27 (b-5) of Section 7 of this Act shall be barred if brought 28 more than 6 months after the effective date of this 29 amendatory Act of 1998 or more than 2 years after the 30 petitioner obtains actual knowledge of relevant facts, 31 whichever is later. The 2-year period shall not apply to 32 periods of time where the natural mother or the child 33 refuses to submit to deoxyribonucleic acid (DNA) tests. 34 The 2-year period for bringing an action to declare the -642- LRB9206615WHmb 1 nonexistence of the parent and child relationship shall 2 not extend beyond the date on which the child reaches the 3 age of 18 years. Failure to bring an action within 2 4 years shall not bar any party from asserting a defense in 5 any action to declare the existence of the parent and 6 child relationship. 7 (b) The time during which any party is not subject to 8 service of process or is otherwise not subject to the 9 jurisdiction of the courts of this State shall toll the 10 aforementioned periods. 11 (c) This Act does not affect the time within which any 12 rights under the Probate Act of 1975 may be asserted beyond 13 the time provided by law relating to distribution and closing 14 of decedent's estates or to the determination of heirship, or 15 otherwise. 16 (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97; 17 90-715, eff. 8-7-98.) 18 (750 ILCS 45/13.1) 19 Sec. 13.1. Temporary order for child support. 20 Notwithstanding any other law to the contrary, pending the 21 outcome of a judicial determination of parentage, the court 22 shall issue a temporary order for child support, upon motion 23 by a party and a showing of clear and convincing evidence of 24 paternity. In determining the amount of the temporary child 25 support award, the court shall use the guidelines and 26 standards set forth in subsection (a) of Section 505 and in 27 Section 505.2 of the Illinois Marriage and Dissolution of 28 Marriage Act. 29 Any new or existing support order entered by the court 30 under this Section shall be deemed to be a series of 31 judgments against the person obligated to pay support 32 thereunder, each such judgment to be in the amount of each 33 payment or installment of support and each judgment to be -643- LRB9206615WHmb 1 deemed entered as of the date the corresponding payment or 2 installment becomes due under the terms of the support order. 3 Each such judgment shall have the full force, effect, and 4 attributes of any other judgment of this State, including the 5 ability to be enforced. Any such judgment is subject to 6 modification or termination only in accordance with Section 7 510 of the Illinois Marriage and Dissolution of Marriage Act. 8 A lien arises by operation of law against the real and 9 personal property of the noncustodial parent for each 10 installment of overdue support owed by the noncustodial 11 parent. 12 All orders for support, when entered or modified, shall 13 include a provision requiring the non-custodial parent to 14 notify the court, and in cases in which a party is receiving 15 child and spouse support services under Article X of the 16 Illinois Public Aid Code, the Illinois Department of Human 17 ServicesPublic Aid, within 7 days, (i) of the name, address, 18 and telephone number of any new employer of the non-custodial 19 parent, (ii) whether the non-custodial parent has access to 20 health insurance coverage through the employer or other group 21 coverage, and, if so, the policy name and number and the 22 names of persons covered under the policy, and (iii) of any 23 new residential or mailing address or telephone number of the 24 non-custodial parent. 25 In any subsequent action to enforce a support order, upon 26 sufficient showing that diligent effort has been made to 27 ascertain the location of the non-custodial parent, service 28 of process or provision of notice necessary in that action 29 may be made at the last known address of the non-custodial 30 parent, in any manner expressly provided by the Code of Civil 31 Procedure or in this Act, which service shall be sufficient 32 for purposes of due process. 33 An order for support shall include a date on which the 34 current support obligation terminates. The termination date -644- LRB9206615WHmb 1 shall be no earlier than the date on which the child covered 2 by the order will attain the age of majority or is otherwise 3 emancipated. The order for support shall state that the 4 termination date does not apply to any arrearage that may 5 remain unpaid on that date. Nothing in this paragraph shall 6 be construed to prevent the court from modifying the order. 7 (Source: P.A. 90-18, eff. 7-1-97.) 8 (750 ILCS 45/14) (from Ch. 40, par. 2514) 9 Sec. 14. Judgment. 10 (a) (1) The judgment shall contain or explicitly reserve 11 provisions concerning any duty and amount of child support 12 and may contain provisions concerning the custody and 13 guardianship of the child, visitation privileges with the 14 child, the furnishing of bond or other security for the 15 payment of the judgment, which the court shall determine in 16 accordance with the relevant factors set forth in the 17 Illinois Marriage and Dissolution of Marriage Act and any 18 other applicable law of Illinois, to guide the court in a 19 finding in the best interests of the child. In determining 20 custody, joint custody, or visitation, the court shall apply 21 the relevant standards of the Illinois Marriage and 22 Dissolution of Marriage Act. Specifically, in determining the 23 amount of any child support award, the court shall use the 24 guidelines and standards set forth in subsection (a) of 25 Section 505 and in Section 505.2 of the Illinois Marriage and 26 Dissolution of Marriage Act. For purposes of Section 505 of 27 the Illinois Marriage and Dissolution of Marriage Act, "net 28 income" of the non-custodial parent shall include any 29 benefits available to that person under the Illinois Public 30 Aid Code or from other federal, State or local 31 government-funded programs. The court shall, in any event 32 and regardless of the amount of the non-custodial parent's 33 net income, in its judgment order the non-custodial parent to -645- LRB9206615WHmb 1 pay child support to the custodial parent in a minimum amount 2 of not less than $10 per month. In an action brought within 2 3 years after a child's birth, the judgment or order may direct 4 either parent to pay the reasonable expenses incurred by 5 either parent related to the mother's pregnancy and the 6 delivery of the child. The judgment or order shall contain 7 the father's social security number, which the father shall 8 disclose to the court; however, failure to include the 9 father's social security number on the judgment or order does 10 not invalidate the judgment or order. 11 (2) If a judgment of parentage contains no explicit 12 award of custody, the establishment of a support obligation 13 or of visitation rights in one parent shall be considered a 14 judgment granting custody to the other parent. If the 15 parentage judgment contains no such provisions, custody shall 16 be presumed to be with the mother; however, the presumption 17 shall not apply if the father has had physical custody for at 18 least 6 months prior to the date that the mother seeks to 19 enforce custodial rights. 20 (b) The court shall order all child support payments, 21 determined in accordance with such guidelines, to commence 22 with the date summons is served. The level of current 23 periodic support payments shall not be reduced because of 24 payments set for the period prior to the date of entry of the 25 support order. The Court may order any child support 26 payments to be made for a period prior to the commencement of 27 the action. In determining whether and the extent to which 28 the payments shall be made for any prior period, the court 29 shall consider all relevant facts, including the factors for 30 determining the amount of support specified in the Illinois 31 Marriage and Dissolution of Marriage Act and other equitable 32 factors including but not limited to: 33 (1) The father's prior knowledge of the fact and 34 circumstances of the child's birth. -646- LRB9206615WHmb 1 (2) The father's prior willingness or refusal to 2 help raise or support the child. 3 (3) The extent to which the mother or the public 4 agency bringing the action previously informed the father 5 of the child's needs or attempted to seek or require his 6 help in raising or supporting the child. 7 (4) The reasons the mother or the public agency did 8 not file the action earlier. 9 (5) The extent to which the father would be 10 prejudiced by the delay in bringing the action. 11 For purposes of determining the amount of child support 12 to be paid for any period before the date the order for 13 current child support is entered, there is a rebuttable 14 presumption that the father's net income for the prior period 15 was the same as his net income at the time the order for 16 current child support is entered. 17 If (i) the non-custodial parent was properly served with 18 a request for discovery of financial information relating to 19 the non-custodial parent's ability to provide child support, 20 (ii) the non-custodial parent failed to comply with the 21 request, despite having been ordered to do so by the court, 22 and (iii) the non-custodial parent is not present at the 23 hearing to determine support despite having received proper 24 notice, then any relevant financial information concerning 25 the non-custodial parent's ability to provide child support 26 that was obtained pursuant to subpoena and proper notice 27 shall be admitted into evidence without the need to establish 28 any further foundation for its admission. 29 (c) Any new or existing support order entered by the 30 court under this Section shall be deemed to be a series of 31 judgments against the person obligated to pay support 32 thereunder, each judgment to be in the amount of each payment 33 or installment of support and each such judgment to be deemed 34 entered as of the date the corresponding payment or -647- LRB9206615WHmb 1 installment becomes due under the terms of the support order. 2 Each judgment shall have the full force, effect and 3 attributes of any other judgment of this State, including the 4 ability to be enforced. A lien arises by operation of law 5 against the real and personal property of the noncustodial 6 parent for each installment of overdue support owed by the 7 noncustodial parent. 8 (d) If the judgment or order of the court is at variance 9 with the child's birth certificate, the court shall order 10 that a new birth certificate be issued under the Vital 11 Records Act. 12 (e) On request of the mother and the father, the court 13 shall order a change in the child's name. After hearing 14 evidence the court may stay payment of support during the 15 period of the father's minority or period of disability. 16 (f) If, upon a showing of proper service, the father 17 fails to appear in court, or otherwise appear as provided by 18 law, the court may proceed to hear the cause upon testimony 19 of the mother or other parties taken in open court and shall 20 enter a judgment by default. The court may reserve any order 21 as to the amount of child support until the father has 22 received notice, by regular mail, of a hearing on the matter. 23 (g) A one-time charge of 20% is imposable upon the 24 amount of past-due child support owed on July 1, 1988 which 25 has accrued under a support order entered by the court. The 26 charge shall be imposed in accordance with the provisions of 27 Section 10-21 of the Illinois Public Aid Code and shall be 28 enforced by the court upon petition. 29 (h) All orders for support, when entered or modified, 30 shall include a provision requiring the non-custodial parent 31 to notify the court and, in cases in which party is receiving 32 child and spouse support services under Article X of the 33 Illinois Public Aid Code, the Illinois Department of Human 34 ServicesPublic Aid, within 7 days, (i) of the name and -648- LRB9206615WHmb 1 address of any new employer of the non-custodial parent, (ii) 2 whether the non-custodial parent has access to health 3 insurance coverage through the employer or other group 4 coverage and, if so, the policy name and number and the names 5 of persons covered under the policy, and (iii) of any new 6 residential or mailing address or telephone number of the 7 non-custodial parent. In any subsequent action to enforce a 8 support order, upon a sufficient showing that a diligent 9 effort has been made to ascertain the location of the 10 non-custodial parent, service of process or provision of 11 notice necessary in the case may be made at the last known 12 address of the non-custodial parent in any manner expressly 13 provided by the Code of Civil Procedure or this Act, which 14 service shall be sufficient for purposes of due process. 15 (i) An order for support shall include a date on which 16 the current support obligation terminates. The termination 17 date shall be no earlier than the date on which the child 18 covered by the order will attain the age of majority or is 19 otherwise emancipated. The order for support shall state 20 that the termination date does not apply to any arrearage 21 that may remain unpaid on that date. Nothing in this 22 subsection shall be construed to prevent the court from 23 modifying the order. 24 (j) An order entered under this Section shall include a 25 provision requiring the obligor to report to the obligee and 26 to the clerk of court within 10 days each time the obligor 27 obtains new employment, and each time the obligor's 28 employment is terminated for any reason. The report shall be 29 in writing and shall, in the case of new employment, include 30 the name and address of the new employer. Failure to report 31 new employment or the termination of current employment, if 32 coupled with nonpayment of support for a period in excess of 33 60 days, is indirect criminal contempt. For any obligor 34 arrested for failure to report new employment bond shall be -649- LRB9206615WHmb 1 set in the amount of the child support that should have been 2 paid during the period of unreported employment. An order 3 entered under this Section shall also include a provision 4 requiring the obligor and obligee parents to advise each 5 other of a change in residence within 5 days of the change 6 except when the court finds that the physical, mental, or 7 emotional health of a party or that of a minor child, or 8 both, would be seriously endangered by disclosure of the 9 party's address. 10 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 11 90-655, eff. 7-30-98; 91-767, eff. 6-9-00.) 12 (750 ILCS 45/14.1) 13 Sec. 14.1. Information to State Case Registry. 14 (a) When an order for support is entered or modified 15 under this Act, the clerk of the circuit court shall, within 16 5 business days, provide to the State Case Registry 17 established under Section 10-27 of the Illinois Public Aid 18 Code the court docket number and county in which the order 19 is entered or modified and the following information, 20 which the parties shall disclose to the court: 21 (1) The names of the custodial and non-custodial 22 parents and of the child or children covered by the 23 order. 24 (2) The dates of birth of the custodial and 25 non-custodial parents and of the child or children 26 covered by the order. 27 (3) The social security numbers of the custodial 28 and non-custodial parents and of the child or children 29 covered by the order. 30 (4) The residential and mailing addresses for the 31 custodial and non-custodial parents. 32 (5) The telephone numbers for the custodial and 33 non-custodial parents. -650- LRB9206615WHmb 1 (6) The driver's license numbers for the custodial 2 and non-custodial parents. 3 (7) The name, address, and telephone number of each 4 parent's employer or employers. 5 (b) When a child support order is entered or modified 6 for a case in which a party is receiving child and spouse 7 support services under Article X of the Illinois Public Aid 8 Code, the clerk shall provide the State Case Registry with 9 the following information: 10 (1) The information specified in subsection (a) of 11 this Section. 12 (2) The amount of monthly or other periodic support 13 owed under the order and other amounts, including 14 arrearages, interest, or late payment penalties and fees, 15 due or overdue under the order. 16 (3) Any amounts described in subdivision (2) of 17 this subsection (b) that have been received by the clerk. 18 (4) The distribution of the amounts received by the 19 clerk. 20 (c) The parties affected by the order shall inform the 21 clerk of court of any change of address or of other condition 22 that may affect the administration of the order. 23 (d) To the extent that updated information is in the 24 clerk's possession, the clerk shall provide updates of the 25 information specified in subsection (b) of this Section 26 within 5 business days after the request of the Illinois 27 Department of Human ServicesPublic Aid's requestfor that 28 updated information. 29 (Source: P.A. 91-212, eff. 7-20-99.) 30 (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1) 31 Sec. 15.1. (a) Whenever it is determined in a proceeding 32 to establish or enforce a child support obligation that the 33 person owing a duty of support is unemployed, the court may -651- LRB9206615WHmb 1 order the person to seek employment and report periodically 2 to the court with a diary, listing or other memorandum of his 3 or her efforts in accordance with such order. Additionally, 4 the court may order the unemployed person to report to the 5 Department of Employment Security for job search services or 6 to make application with the local Job Training Partnership 7 Act provider for participation in job search, training or 8 work programs and where the duty of support is owed to a 9 child receiving support services under Article X of the 10 Illinois Public Aid Code, as amended, the court may order the 11 unemployed person to report to the Illinois Department of 12 Human ServicesPublic Aidfor participation in job search, 13 training or work programs established under Section 9-6 and 14 Article IXA of that Code. 15 (b) Whenever it is determined that a person owes 16 past-due support for a child, and the child is receiving 17 assistance under the Illinois Public Aid Code, the court 18 shall order the following at the request of the Illinois 19 Department of Human ServicesPublic Aid: 20 (1) that the person pay the past-due support in 21 accordance with a plan approved by the court; or 22 (2) if the person owing past-due support is 23 unemployed, is subject to such a plan, and is not 24 incapacitated, that the person participate in such job 25 search, training, or work programs established under 26 Section 9-6 and Article IXA of the Illinois Public Aid 27 Code as the court deems appropriate. 28 (Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.) 29 (750 ILCS 45/18) (from Ch. 40, par. 2518) 30 Sec. 18. Right to Counsel; Free Transcript on Appeal. 31 (a) Any party may be represented by counsel at all 32 proceedings under this Act. 33 (a-5) In any proceedings involving the support, custody, -652- LRB9206615WHmb 1 visitation, education, parentage, property interest, or 2 general welfare of a minor or dependent child, the court may, 3 on its own motion or that of any party, and subject to the 4 terms or specifications the court determines, appoint an 5 attorney to serve in one of the following capacities: 6 (1) as an attorney to represent the child; 7 (2) as a guardian ad litem to address issues the 8 court delineates; 9 (3) as a child's representative whose duty shall be 10 to advocate what the representative finds to be in the 11 best interests of the child after reviewing the facts and 12 circumstances of the case. The child's representative 13 shall have the same power and authority to take part in 14 the conduct of the litigation as does an attorney for a 15 party and shall possess all the powers of investigation 16 and recommendation as does a guardian ad litem. The 17 child's representative shall consider, but not be bound 18 by, the expressed wishes of the child. A child's 19 representative shall have received training in child 20 advocacy or shall possess such experience as determined 21 to be equivalent to such training by the chief judge of 22 the circuit where the child's representative has been 23 appointed. The child's representative shall not disclose 24 confidential communications made by the child, except as 25 required by law or by the Rules of Professional Conduct. 26 The child's representative shall not be called as a 27 witness regarding the issues set forth in this 28 subsection. 29 During the proceedings the court may appoint an 30 additional attorney to serve in another of the capacities 31 described in subdivisions (1), (2), or (3) of the preceding 32 paragraph on its own motion or that of a party only for good 33 cause shown and when the reasons for the additional 34 appointment are set forth in specific findings. -653- LRB9206615WHmb 1 The court shall enter an order as appropriate for costs, 2 fees, and disbursements, including a retainer, when the 3 attorney, guardian ad litem, or child's representative is 4 appointed, and thereafter as necessary. Such orders shall 5 require payment by either or both parents, by any other party 6 or source, or from the marital estate or the child's separate 7 estate. The court may not order payment by the Illinois 8 Department of Human ServicesPublic Aidin cases in which the 9 Department is providing child and spouse support services 10 under Article X of the Illinois Public Aid Code. Unless 11 otherwise ordered by the court at the time fees and costs are 12 approved, all fees and costs payable to an attorney, guardian 13 ad litem, or child's representative under this Section are by 14 implication deemed to be in the nature of support of the 15 child and are within the exceptions to discharge in 16 bankruptcy under 11 U.S.C.A. 523. The provisions of Sections 17 501 and 508 of this Act shall apply to fees and costs for 18 attorneys appointed under this Section. 19 (b) Upon the request of a mother or child seeking to 20 establish the existence of a father and child relationship, 21 the State's Attorney shall represent the mother or child in 22 the trial court. If the child is an applicant for or a 23 recipient of assistance as defined in Section 2-6 of "The 24 Illinois Public Aid Code", approved April 11, 1967, as 25 amended, or has applied to the Illinois Department of Human 26 ServicesPublic Aidfor services under Article X of such 27 Code, the Department may file a complaint in the child's 28 behalf under this Act. The Department shall refer the 29 complaint to the Public Aid Claims Enforcement Division of 30 the Office of the Attorney General as provided in Section 31 12-16 of "The Illinois Public Aid Code" for enforcement by 32 the Attorney General. Legal representation by the State's 33 Attorney or the Attorney General shall be limited to the 34 establishment and enforcement of an order for support, and -654- LRB9206615WHmb 1 shall not extend to visitation, custody, property or other 2 matters. If visitation, custody, property or other matters 3 are raised by a party and considered by the court in any 4 proceeding under this Act, the court shall provide a 5 continuance sufficient to enable the mother or child to 6 obtain representation for such matters. 7 (c) The Court may appoint counsel to represent any 8 indigent defendant in the trial court, except that this 9 representation shall be limited to the establishment of a 10 parent and child relationship and an order for support, and 11 shall not extend to visitation, custody, property, 12 enforcement of an order for support, or other matters. If 13 visitation, custody, property or other matters are raised by 14 a party and considered by the court in any proceeding under 15 this Act, the court shall provide a continuance sufficient to 16 enable the defendant to obtain representation for such 17 matters. 18 (d) The court shall furnish on request of any indigent 19 party a transcript for purposes of appeal. 20 (Source: P.A. 90-23, eff. 1-1-98; 91-410, eff. 1-1-00.) 21 (750 ILCS 45/21) (from Ch. 40, par. 2521) 22 Sec. 21. Support payments; receiving and disbursing 23 agents. 24 (1) In an action filed in a county of less than 3 25 million population in which an order for child support is 26 entered, and in supplementary proceedings in such a county to 27 enforce or vary the terms of such order arising out of an 28 action filed in such a county, the court, except in actions 29 or supplementary proceedings in which the pregnancy and 30 delivery expenses of the mother or the child support payments 31 are for a recipient of aid under the Illinois Public Aid 32 Code, shall direct that child support payments be made to the 33 clerk of the court unless in the discretion of the court -655- LRB9206615WHmb 1 exceptional circumstances warrant otherwise. In cases where 2 payment is to be made to persons other than the clerk of the 3 court the judgment or order of support shall set forth the 4 facts of the exceptional circumstances. 5 (2) In an action filed in a county of 3 million or more 6 population in which an order for child support is entered, 7 and in supplementary proceedings in such a county to enforce 8 or vary the terms of such order arising out of an action 9 filed in such a county, the court, except in actions or 10 supplementary proceedings in which the pregnancy and delivery 11 expenses of the mother or the child support payments are for 12 a recipient of aid under the Illinois Public Aid Code, shall 13 direct that child support payments be made either to the 14 clerk of the court or to the Court Service Division of the 15 County Department of Public Aid, or to the clerk of the court 16 or to the Illinois Department of Human ServicesPublic Aid, 17 unless in the discretion of the court exceptional 18 circumstances warrant otherwise. In cases where payment is 19 to be made to persons other than the clerk of the court, the 20 Court Service Division of the County Department of Public 21 Aid, or the Illinois Department of Human ServicesPublic Aid, 22 the judgment or order of support shall set forth the facts of 23 the exceptional circumstances. 24 (3) Where the action or supplementary proceeding is in 25 behalf of a mother for pregnancy and delivery expenses or for 26 child support, or both, and the mother, child, or both, are 27 recipients of aid under the Illinois Public Aid Code, the 28 court shall order that the payments be made directly to (a) 29 the Illinois Department of Human ServicesPublic Aidif the 30 mother or child, or both, are recipients under Articles IV or 31 V of the Code, or (b) the local governmental unit responsible 32 for the support of the mother or child, or both, if they are 33 recipients under Articles VI or VII of the Code. In 34 accordance with federal law and regulations, the Illinois -656- LRB9206615WHmb 1 Department of Human ServicesPublic Aidmay continue to 2 collect current maintenance payments or child support 3 payments, or both, after those persons cease to receive 4 public assistance and until termination of services under 5 Article X of the Illinois Public Aid Code. The Illinois 6 Department of Human ServicesPublic Aidshall pay the net 7 amount collected to those persons after deducting any costs 8 incurred in making the collection or any collection fee from 9 the amount of any recovery made. The Illinois Department of 10 Human ServicesPublic Aidor the local governmental unit, as 11 the case may be, may direct that payments be made directly to 12 the mother of the child, or to some other person or agency in 13 the child's behalf, upon the removal of the mother and child 14 from the public aid rolls or upon termination of services 15 under Article X of the Illinois Public Aid Code; and upon 16 such direction, the Illinois Department or the local 17 governmental unit, as the case requires, shall give notice of 18 such action to the court in writing or by electronic 19 transmission. 20 (4) All clerks of the court and the Court Service 21 Division of a County Department of Public Aid and the 22 Illinois Department of Human ServicesPublic Aid, receiving 23 child support payments under paragraphs (1) or (2) shall 24 disburse the same to the person or persons entitled thereto 25 under the terms of the order. They shall establish and 26 maintain clear and current records of all moneys received and 27 disbursed and of defaults and delinquencies in required 28 payments. The court, by order or rule, shall make provision 29 for the carrying out of these duties. 30 Upon notification in writing or by electronic 31 transmission from the Illinois Department of Human Services 32Public Aidto the clerk of the court that a person who is 33 receiving support payments under this Section is receiving 34 services under the Child Support Enforcement Program -657- LRB9206615WHmb 1 established by Title IV-D of the Social Security Act, any 2 support payments subsequently received by the clerk of the 3 court shall be transmitted in accordance with the 4 instructions of the Illinois Department of Human Services 5Public Aiduntil the Department gives notice to cease the 6 transmittal. After providing the notification authorized 7 under this paragraph, the Illinois Department of Human 8 ServicesPublic Aidshall be entitled as a party to notice of 9 any further proceedings in the case. The clerk of the court 10 shall file a copy of the notification to the Illinois 11 Department of Human ServicesPublic Aid's notificationin the 12 court file. The failure of the clerk to file a copy of the 13 notification in the court file shall not, however, affect the 14 right of the Illinois Department of Human ServicesPublic15Aid's rightto receive notice of further proceedings. 16 Payments under this Section to the Illinois Department of 17 Human ServicesPublic Aidpursuant to the Child Support 18 Enforcement Program established by Title IV-D of the Social 19 Security Act shall be paid into the Child Support Enforcement 20 Trust Fund. All payments under this Section to the Illinois 21 Department of Human Services shall be deposited in the DHS 22 Recoveries Trust Fund. Disbursement from these funds shall 23 be as provided in the Illinois Public Aid Code. Payments 24 received by a local governmental unit shall be deposited in 25 that unit's General Assistance Fund. 26 (5) The moneys received by persons or agencies 27 designated by the court shall be disbursed by them in 28 accordance with the order. However, the court, on petition 29 of the state's attorney, may enter new orders designating the 30 clerk of the court or the Illinois Department of Human 31 ServicesPublic Aid, as the person or agency authorized to 32 receive and disburse child support payments and, in the case 33 of recipients of public aid, the court, on petition of the 34 Attorney General or State's Attorney, shall direct subsequent -658- LRB9206615WHmb 1 payments to be paid to the Illinois Department of Human 2 ServicesPublic Aidor to the appropriate local governmental 3 unit, as provided in paragraph (3). Payments of child support 4 by principals or sureties on bonds, or proceeds of any sale 5 for the enforcement of a judgment shall be made to the clerk 6 of the court, the Illinois Department of Human Services 7Public Aidor the appropriate local governmental unit, as the 8 respective provisions of this Section require. 9 (6) For those cases in which child support is payable to 10 the clerk of the circuit court for transmittal to the 11 Illinois Department of Human ServicesPublic Aidby order of 12 court or upon notification by the Illinois Department of 13 Human ServicesPublic Aid, the clerk shall transmit all such 14 payments, within 4 working days of receipt, to insure that 15 funds are available for immediate distribution by the 16 Department to the person or entity entitled thereto in 17 accordance with standards of the Child Support Enforcement 18 Program established under Title IV-D of the Social Security 19 Act. The clerk shall notify the Department of the date of 20 receipt and amount thereof at the time of transmittal. Where 21 the clerk has entered into an agreement of cooperation with 22 the Department to record the terms of child support orders 23 and payments made thereunder directly into the Department's 24 automated data processing system, the clerk shall account 25 for, transmit and otherwise distribute child support payments 26 in accordance with such agreement in lieu of the requirements 27 contained herein. 28 (7) To the extent the provisions of this Section are 29 inconsistent with the requirements pertaining to the State 30 Disbursement Unit under Section 21.1 of this Act and Section 31 10-26 of the Illinois Public Aid Code, the requirements 32 pertaining to the State Disbursement Unit shall apply. 33 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 34 90-790, eff. 8-14-98; 91-24, eff. 7-1-99; 91-212, eff. -659- LRB9206615WHmb 1 7-20-99; 91-357, eff. 7-29-99; revised 9-1-99.) 2 (750 ILCS 45/21.1) 3 Sec. 21.1. Payment of Support to State Disbursement Unit. 4 (a) As used in this Section: 5 "Order for support", "obligor", "obligee", and "payor" 6 mean those terms as defined in the Income Withholding for 7 Support Act, except that "order for support" shall not mean 8 orders providing for spousal maintenance under which there is 9 no child support obligation. 10 (b) Notwithstanding any other provision of this Act to 11 the contrary, each order for support entered or modified on 12 or after October 1, 1999 shall require that support payments 13 be made to the State Disbursement Unit established under 14 Section 10-26 of the Illinois Public Aid Code if: 15 (1) a party to the order is receiving child and 16 spouse support services under Article X of the Illinois 17 Public Aid Code; or 18 (2) no party to the order is receiving child and 19 spouse support services, but the support payments are 20 made through income withholding. 21 (c) Support payments shall be made to the State 22 Disbursement Unit if: 23 (1) the order for support was entered before 24 October 1, 1999, and a party to the order is receiving 25 child and spouse support services under Article X of the 26 Illinois Public Aid Code; or 27 (2) no party to the order is receiving child and 28 spouse support services, and the support payments are 29 being made through income withholding. 30 (c-5) If no party to the order is receiving child and 31 spouse support services under Article X of the Illinois 32 Public Aid Code, and the support payments are not made 33 through income withholding, then support payments shall be -660- LRB9206615WHmb 1 made as directed by the order for support. 2 (c-10) Within 15 days after the effective date of this 3 amendatory Act of the 91st General Assembly, the Illinois 4 Department shall provide written notice to the clerk of the 5 circuit court, the obligor, and, where applicable, the 6 obligor's payor to make payments to the State Disbursement 7 Unit if: 8 (1) the order for support was entered before 9 October 1, 1999, and a party to the order is receiving 10 child and spouse support services under Article X of the 11 Illinois Public Aid Code; or 12 (2) no party to the order is receiving child and 13 spouse support services, and the support payments are 14 being made through income withholding. 15 (c-15) Within 15 days after the effective date of this 16 amendatory Act of the 91st General Assembly, the clerk of the 17 circuit court shall provide written notice to the obligor to 18 make payments directly to the clerk of the circuit court if 19 no party to the order is receiving child and spouse support 20 services under Article X of the Illinois Public Aid Code, the 21 support payments are not made through income withholding, and 22 the order for support requires support payments to be made 23 directly to the clerk of the circuit court. 24 (c-20) If the State Disbursement Unit receives a support 25 payment that was not appropriately made to the Unit under 26 this Section, the Unit shall immediately return the payment 27 to the sender, including, if possible, instructions detailing 28 where to send the support payments. 29 (d) The notices required under subsections (c-10) and 30 (c-15) may be sent by ordinary mail, certified mail, return 31 receipt requested, facsimile transmission, or other 32 electronic process, or may be served upon the obligor or 33 payor using any method provided by law for service of a 34 summons. The Illinois Department of Human ServicesPublic-661- LRB9206615WHmb 1Aidshall provide a copy of the notice to the obligee and to 2 the clerk of the court. 3 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.) 4 (750 ILCS 45/22) (from Ch. 40, par. 2522) 5 Sec. 22. In all cases instituted by the Illinois 6 Department of Human ServicesPublic Aidon behalf of a child 7 or spouse, other than one receiving a grant of financial aid 8 under Article IV of The Illinois Public Aid Code, on whose 9 behalf an application has been made and approved for support 10 services as provided by Section 10-1 of that Code, the court 11 shall impose a collection fee on the individual who owes a 12 child or spouse support obligation in an amount equal to 10% 13 of the amount so owed as long as such collection is required 14 by federal law, which fee shall be in addition to the support 15 obligation. The imposition of such fee shall be in 16 accordance with provisions of Title IV, Part D, of the Social 17 Security Act and regulations duly promulgated thereunder. 18 The fee shall be payable to the clerk of the circuit court 19 for transmittal to the Illinois Department of Human Services 20Public Aidand shall continue until support services are 21 terminated by that Department. 22 (Source: P.A. 83-1372.) 23 (750 ILCS 45/23) (from Ch. 40, par. 2523) 24 Sec. 23. Notice to Clerk of Circuit Court of Payment 25 Received by Illinois Department of Human ServicesPublic Aid26 for Recording. For those cases in which support is payable to 27 the clerk of the circuit court for transmittal to the 28 Illinois Department of Human ServicesPublic Aidby order of 29 court, and the Illinois Department of Human ServicesPublic30Aidcollects support by assignment offset, withhold, 31 deduction or other process permitted by law, the Illinois 32 Department of Human ServicesPublic Aidshall notify the -662- LRB9206615WHmb 1 clerk of the date and amount of such collection. Upon 2 notification, the clerk shall record the collection on the 3 payment record for the case. 4 (Source: P.A. 83-1372.) 5 Section 495. The Business Corporation Act of 1983 is 6 amended by changing Section 1.25 as follows: 7 (805 ILCS 5/1.25) (from Ch. 32, par. 1.25) 8 Sec. 1.25. List of corporations; exchange of 9 information. 10 (a) The Secretary of State shall publish each year a 11 list of corporations filing an annual report for the 12 preceding year in accordance with the provisions of this Act, 13 which report shall state the name of the corporation and the 14 respective names and addresses of the president, secretary, 15 and registered agent thereof and the address of the 16 registered office in this State of each such corporation. The 17 Secretary of State shall furnish without charge a copy of 18 such report to each recorder of this State, and to each 19 member of the General Assembly and to each State agency or 20 department requesting the same. The Secretary of State shall, 21 upon receipt of a written request and a fee as determined by 22 the Secretary, furnish such report to anyone else. 23 (b) (1) The Secretary of State shall publish daily a 24 list of all newly formed corporations, business and not for 25 profit, chartered by him on that day issued after receipt of 26 the application. The daily list shall contain the same 27 information as to each corporation as is provided for the 28 corporation list published under subsection (a) of this 29 Section. The daily list may be obtained at the Secretary's 30 office by any person, newspaper, State department or agency, 31 or local government for a reasonable charge to be determined 32 by the Secretary. Inspection of the daily list may be made -663- LRB9206615WHmb 1 at the Secretary's office during normal business hours 2 without charge by any person, newspaper, State department or 3 agency, or local government. 4 (2) The Secretary shall compile the daily list mentioned 5 in paragraph (1) of subsection (b) of this Section monthly, 6 or more often at the Secretary's discretion. The compilation 7 shall be immediately mailed free of charge to all local 8 governments requesting in writing receipt of such 9 publication, or shall be automatically mailed by the 10 Secretary without charge to local governments as determined 11 by the Secretary. The Secretary shall mail a copy of the 12 compilations free of charge to all State departments or 13 agencies making a written request. A request for a 14 compilation of the daily list once made by a local government 15 or State department or agency need not be renewed. However, 16 the Secretary may request from time to time whether the local 17 governments or State departments or agencies desire to 18 continue receiving the compilation. 19 (3) The compilations of the daily list mentioned in 20 paragraph (2) of subsection (b) of this Section shall be 21 mailed to newspapers, or any other person not included as a 22 recipient in paragraph (2) of subsection (b) of this Section, 23 upon receipt of a written application signed by the applicant 24 and accompanied by the payment of a fee as determined by the 25 Secretary. 26 (c) If a domestic or foreign corporation has filed with 27 the Secretary of State an annual report for the preceding 28 year or has been newly formed or is otherwise and in any 29 manner registered with the Secretary of State, the Secretary 30 of State shall exchange with the Illinois Department of Human 31 ServicesPublic Aidany information concerning that 32 corporation that may be necessary for the enforcement of 33 child support orders entered pursuant to the Illinois Public 34 Aid Code, the Illinois Marriage and Dissolution of Marriage -664- LRB9206615WHmb 1 Act, the Non-Support of Spouse and Children Act, the 2 Non-Support Punishment Act, the Revised Uniform Reciprocal 3 Enforcement of Support Act, the Uniform Interstate Family 4 Support Act, or the Illinois Parentage Act of 1984. 5 Notwithstanding any provisions in this Act to the 6 contrary, the Secretary of State shall not be liable to any 7 person for any disclosure of information to the Illinois 8 Department of Human ServicesPublic Aidunder this subsection 9 or for any other action taken in good faith to comply with 10 the requirements of this subsection. 11 (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.) 12 Section 500. The General Not For Profit Corporation Act 13 of 1986 is amended by changing Section 101.25 as follows: 14 (805 ILCS 105/101.25) (from Ch. 32, par. 101.25) 15 Sec. 101.25. Lists of corporations; exchange of 16 information. 17 (a) The Secretary of State shall include in his or her 18 daily publication lists of business corporations formed on 19 that day as provided in paragraph (1) of subsection (b) of 20 Section 1.25 of the Business Corporation Act of 1983 all 21 not-for-profit corporations formed on the day of publication 22 of such lists. 23 (b) The Secretary of State shall include among 24 information to be exchanged with the Illinois Department of 25 Human ServicesPublic Aid, as provided in subsection (c) of 26 Section 1.25 of the Business Corporation Act of 1983, 27 information regarding all not-for-profit corporations formed 28 pursuant to this Act. 29 (Source: P.A. 90-18, eff. 7-1-97.) 30 Section 505. The Limited Liability Company Act is amended 31 by changing Section 50-5 as follows: -665- LRB9206615WHmb 1 (805 ILCS 180/50-5) 2 Sec. 50-5. List of limited liability companies; exchange 3 of information. 4 (a) The Secretary of State may publish a list or lists 5 of limited liability companies and foreign limited liability 6 companies, as often, in the format, and for the fees as the 7 Secretary of State may in his or her discretion provide by 8 rule. The Secretary of State may disseminate information 9 concerning limited liability companies and foreign limited 10 liability companies by computer network in the format and for 11 the fees as may be determined by rule. 12 (b) Upon written request, any list published under 13 subsection (a) shall be free to each member of the General 14 Assembly, to each State agency or department, and to each 15 recorder in this State. An appropriate fee established by 16 rule to cover the cost of producing the list shall be charged 17 to all others. 18 (c) If a domestic or foreign limited liability company 19 has filed with the Secretary of State an annual report for 20 the preceding year or has been newly formed or is otherwise 21 and in any manner registered with the Secretary of State, the 22 Secretary of State shall exchange with the Illinois 23 Department of Human ServicesPublic Aidany information 24 concerning that limited liability company that may be 25 necessary for the enforcement of child support orders entered 26 pursuant to the Illinois Public Aid Code, the Illinois 27 Marriage and Dissolution of Marriage Act, the Non-Support of 28 Spouse and Children Act, the Non-Support Punishment Act, the 29 Revised Uniform Reciprocal Enforcement of Support Act, the 30 Uniform Interstate Family Support Act, or the Illinois 31 Parentage Act of 1984. 32 Notwithstanding any provisions in this Act to the 33 contrary, the Secretary of State shall not be liable to any 34 person for any disclosure of information to the Illinois -666- LRB9206615WHmb 1 Department of Human ServicesPublic Aidunder this subsection 2 or for any other action taken in good faith to comply with 3 the requirements of this subsection. 4 (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.) 5 Section 510. The Unemployment Insurance Act is amended by 6 changing Section 1300 as follows: 7 (820 ILCS 405/1300) (from Ch. 48, par. 540) 8 Sec. 1300. Waiver or transfer of benefit rights - 9 Partial exemption. 10 (A) Except as otherwise provided herein any agreement by 11 an individual to waive, release or commute his rights under 12 this Act shall be void. 13 (B) Benefits due under this Act shall not be assigned, 14 pledged, encumbered, released or commuted and shall be exempt 15 from all claims of creditors and from levy, execution and 16 attachment or other remedy for recovery or collection of a 17 debt. However, nothing in this Section shall prohibit a 18 specified or agreed upon deduction from benefits by an 19 individual, or a court or administrative order for 20 withholding of income, for payment of past due child support 21 from being enforced and collected by the Department of Human 22 ServicesPublic Aidon behalf of persons receiving a grant of 23 financial aid under Article IV of the Illinois Public Aid 24 Code, persons for whom an application has been made and 25 approved for support services under Section 10-1 of such 26 Code, or persons similarly situated and receiving like 27 support services in other states. It is provided that: 28 (1) The aforementioned deduction of benefits and 29 order for withholding of income apply only if appropriate 30 arrangements have been made for reimbursement to the 31 Director by the Department of Human ServicesPublic Aid32 for any administrative costs incurred by the Director -667- LRB9206615WHmb 1 under this Section. 2 (2) The Director shall deduct and withhold from 3 benefits payable under this Act, or under any arrangement 4 for the payment of benefits entered into by the Director 5 pursuant to the powers granted under Section 2700 of this 6 Act, the amount specified or agreed upon. In the case of 7 a court or administrative order for withholding of 8 income, the Director shall withhold the amount of the 9 order. 10 (3) Any amount deducted and withheld by the 11 Director shall be paid to the Department of Human 12 ServicesPublic Aidor the State Disbursement Unit 13 established under Section 10-26 of the Illinois Public 14 Aid Code, as directed by the Department of Human Services 15Public Aid, on behalf of the individual. 16 (4) Any amount deducted and withheld under 17 subsection (3) shall for all purposes be treated as if it 18 were paid to the individual as benefits and paid by such 19 individual to the Department of Human ServicesPublic Aid20 or the State Disbursement Unit in satisfaction of the 21 individual's child support obligations. 22 (5) For the purpose of this Section, child support 23 is defined as those obligations which are being enforced 24 pursuant to a plan described in Title IV, Part D, Section 25 454 of the Social Security Act and approved by the 26 Secretary of Health and Human Services. 27 (6) The deduction of benefits and order for 28 withholding of income for child support shall be governed 29 by Titles III and IV of the Social Security Act and all 30 regulations duly promulgated thereunder. 31 (C) Nothing in this Section prohibits an individual from 32 voluntarily electing to have federal income tax deducted and 33 withheld from his or her unemployment insurance benefit 34 payments. -668- LRB9206615WHmb 1 (1) The Director shall, at the time that an 2 individual files his or her claim for benefits that 3 establishes his or her benefit year, inform the 4 individual that: 5 (a) unemployment insurance is subject to 6 federal, State, and local income taxes; 7 (b) requirements exist pertaining to estimated 8 tax payments; 9 (c) the individual may elect to have federal 10 income tax deducted and withheld from his or her 11 payments of unemployment insurance in the amount 12 specified in the federal Internal Revenue Code; and 13 (d) the individual is permitted to change a 14 previously elected withholding status. 15 (2) Amounts deducted and withheld from unemployment 16 insurance shall remain in the unemployment fund until 17 transferred to the federal taxing authority as a payment 18 of income tax. 19 (3) The Director shall follow all procedures 20 specified by the United States Department of Labor and 21 the federal Internal Revenue Service pertaining to the 22 deducting and withholding of income tax. 23 (4) Amounts shall be deducted and withheld in 24 accordance with the priorities established in rules 25 promulgated by the Director. 26 (D) Nothing in this Section prohibits an individual from 27 voluntarily electing to have State of Illinois income tax 28 deducted and withheld from his or her unemployment insurance 29 benefit payments if such deduction and withholding is 30 provided for pursuant to rules promulgated by the Director. 31 (1) If pursuant to rules promulgated by the 32 Director, an individual may voluntarily elect to have 33 State of Illinois income tax deducted and withheld from 34 his or her unemployment insurance benefit payments, the -669- LRB9206615WHmb 1 Director shall, at the time that an individual files his 2 or her claim for benefits that establishes his or her 3 benefit year, in addition to providing the notice 4 required under subsection C, inform the individual that: 5 (a) the individual may elect to have State of 6 Illinois income tax deducted and withheld from his 7 or her payments of unemployment insurance in the 8 amount specified pursuant to rules promulgated by 9 the Director; and 10 (b) the individual is permitted to change a 11 previously elected withholding status. 12 (2) Amounts deducted and withheld from unemployment 13 insurance shall remain in the unemployment fund until 14 transferred to the Department of Revenue as a payment of 15 State of Illinois income tax. 16 (3) Amounts shall be deducted and withheld in 17 accordance with the priorities established in rules 18 promulgated by the Director. 19 (E) Nothing in this Section prohibits the deduction and 20 withholding of an uncollected overissuance of food stamp 21 coupons from unemployment insurance benefits pursuant to this 22 subsection (E). 23 (1) At the time that an individual files a claim 24 for benefits that establishes his or her benefit year, 25 that individual must disclose whether or not he or she 26 owes an uncollected overissuance (as defined in Section 27 13(c)(1) of the federal Food Stamp Act of 1977) of food 28 stamp coupons. The Director shall notify the State food 29 stamp agency enforcing such obligation of any individual 30 who discloses that he or she owes an uncollected 31 overissuance of food stamp coupons and who meets the 32 monetary eligibility requirements of subsection E of 33 Section 500. 34 (2) The Director shall deduct and withhold from any -670- LRB9206615WHmb 1 unemployment insurance benefits payable to an individual 2 who owes an uncollected overissuance of food stamp 3 coupons: 4 (a) the amount specified by the individual to 5 the Director to be deducted and withheld under this 6 subsection (E); 7 (b) the amount (if any) determined pursuant to 8 an agreement submitted to the State food stamp 9 agency under Section 13(c)(3)(A) of the federal Food 10 Stamp Act of 1977; or 11 (c) any amount otherwise required to be 12 deducted and withheld from unemployment insurance 13 benefits pursuant to Section 13(c)(3)(B) of the 14 federal Food Stamp Act of 1977. 15 (3) Any amount deducted and withheld pursuant to 16 this subsection (E) shall be paid by the Director to the 17 State food stamp agency. 18 (4) Any amount deducted and withheld pursuant to 19 this subsection (E) shall for all purposes be treated as 20 if it were paid to the individual as unemployment 21 insurance benefits and paid by the individual to the 22 State food stamp agency as repayment of the individual's 23 uncollected overissuance of food stamp coupons. 24 (5) For purposes of this subsection (E), 25 "unemployment insurance benefits" means any compensation 26 payable under this Act including amounts payable by the 27 Director pursuant to an agreement under any federal law 28 providing for compensation, assistance, or allowances 29 with respect to unemployment. 30 (6) This subsection (E) applies only if 31 arrangements have been made for reimbursement by the 32 State food stamp agency for the administrative costs 33 incurred by the Director under this subsection (E) which 34 are attributable to the repayment of uncollected -671- LRB9206615WHmb 1 overissuances of food stamp coupons to the State food 2 stamp agency. 3 (Source: P.A. 90-425, eff. 8-15-97; 90-554, eff. 12-12-97; 4 91-212, eff. 7-20-99; 91-712, eff. 7-1-00.) -672- LRB9206615WHmb 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 100/10-65 from Ch. 127, par. 1010-65 4 5 ILCS 140/7.1 from Ch. 116, par. 207.1 5 5 ILCS 220/3 from Ch. 127, par. 743 6 5 ILCS 390/4 from Ch. 127, par. 3904 7 10 ILCS 5/1A-15 from Ch. 46, par. 1A-15 8 10 ILCS 5/4-6.2 from Ch. 46, par. 4-6.2 9 10 ILCS 5/5-16.2 from Ch. 46, par. 5-16.2 10 10 ILCS 5/6-50.2 from Ch. 46, par. 6-50.2 11 15 ILCS 405/10.05a from Ch. 15, par. 210.05a 12 20 ILCS 5/5-15 was 20 ILCS 5/3 13 20 ILCS 5/5-20 was 20 ILCS 5/4 14 20 ILCS 5/5-165 rep. 15 20 ILCS 5/5-230 rep. 16 20 ILCS 5/5-395 rep. 17 20 ILCS 10/4 from Ch. 127, par. 954 18 20 ILCS 105/4 from Ch. 23, par. 6104 19 20 ILCS 105/4.02 from Ch. 23, par. 6104.02 20 20 ILCS 105/4.02b from Ch. 23, par. 6104.02b 21 20 ILCS 105/4.06 22 20 ILCS 105/8.01 from Ch. 23, par. 6108.01 23 20 ILCS 301/5-10 24 20 ILCS 301/10-45 25 20 ILCS 301/35-5 26 20 ILCS 415/8a from Ch. 127, par. 63b108a 27 20 ILCS 415/8b.1 from Ch. 127, par. 63b108b.1 28 20 ILCS 415/10 from Ch. 127, par. 63b110 29 20 ILCS 505/9.1 from Ch. 23, par. 5009.1 30 20 ILCS 1005/1005-130 was 20 ILCS 1005/43a.14 31 20 ILCS 1020/35 32 20 ILCS 1305/80-10 33 20 ILCS 1305/80-15 34 20 ILCS 1305/80-20 -673- LRB9206615WHmb 1 20 ILCS 1305/80-25 2 20 ILCS 1305/80-30 3 20 ILCS 1305/80-35 4 20 ILCS 1305/80-5 rep. 5 20 ILCS 1605/13 from Ch. 120, par. 1163 6 20 ILCS 1705/15.2 from Ch. 91 1/2, par. 100-15.2 7 20 ILCS 1705/15.3 from Ch. 91 1/2, par. 100-15.3 8 20 ILCS 1705/18 from Ch. 91 1/2, par. 100-18 9 20 ILCS 1705/18.2 from Ch. 91 1/2, par. 100-18.2 10 20 ILCS 1705/18.3 11 20 ILCS 1705/50a from Ch. 91 1/2, par. 100-50a 12 20 ILCS 2105/2105-15 was 20 ILCS 2105/60 13 20 ILCS 2105/2105-155 was 20 ILCS 2105/60n 14 20 ILCS 2205/Art. 2205 heading 15 20 ILCS 2205/2205-1 16 20 ILCS 2205/2205-5 was 20 ILCS 2205/48a 17 20 ILCS 2205/2205-10 was 20 ILCS 2205/48b 18 20 ILCS 2215/2-4 from Ch. 111 1/2, par. 6502-4 19 20 ILCS 2215/4-2 from Ch. 111 1/2, par. 6504-2 20 20 ILCS 2215/5-1 from Ch. 111 1/2, par. 6505-1 21 20 ILCS 2310/2310-135 was 20 ILCS 2310/55.37 22 20 ILCS 2310/2310-215 was 20 ILCS 2310/55.62 23 20 ILCS 2310/2310-275 was 20 ILCS 2310/55.61 24 20 ILCS 2310/2310-395 was 20 ILCS 2310/55.72 25 20 ILCS 2405/3 from Ch. 23, par. 3434 26 20 ILCS 2505/2505-65 was 20 ILCS 2505/39b12 27 20 ILCS 2505/2505-650 was 20 ILCS 2505/39b52 28 20 ILCS 2605/55a from Ch. 127, par. 55a 29 20 ILCS 2605/2605-377 was 20 ILCS 2605/55a in part 30 20 ILCS 3957/15 31 20 ILCS 3970/2 from Ch. 127, par. 3832 32 20 ILCS 3960/4 from Ch. 111 1/2, par. 1154 33 20 ILCS 3970/2 from Ch. 127, par. 3832 34 20 ILCS 4010/2004.5 -674- LRB9206615WHmb 1 20 ILCS 4022/5 2 20 ILCS 4022/15 3 20 ILCS 4022/20 4 20 ILCS 4022/30 5 25 ILCS 130/11A-8 from Ch. 63, par. 1011A-8 6 30 ILCS 5/3-1 from Ch. 15, par. 303-1 7 30 ILCS 105/6b from Ch. 127, par. 142b 8 30 ILCS 105/6z-24 from Ch. 127, par. 142z-24 9 30 ILCS 105/6z-30 10 30 ILCS 105/6z-40 11 30 ILCS 105/13.2 from Ch. 127, par. 149.2 12 30 ILCS 105/25 from Ch. 127, par. 161 13 30 ILCS 260/5 from Ch. 127, par. 181a 14 30 ILCS 435/10 15 30 ILCS 500/50-13 16 30 ILCS 775/65 17 30 ILCS 775/74 18 35 ILCS 5/901 from Ch. 120, par. 9-901 19 35 ILCS 5/917 from Ch. 120, par. 9-917 20 45 ILCS 17/5-35 21 45 ILCS 17/5-40 22 55 ILCS 5/3-5036.5 23 55 ILCS 5/4-2002 from Ch. 34, par. 4-2002 24 55 ILCS 5/4-2002.1 from Ch. 34, par. 4-2002.1 25 55 ILCS 5/5-1065 from Ch. 34, par. 5-1065 26 55 ILCS 5/5-21009 from Ch. 34, par. 5-21009 27 55 ILCS 5/5-37006 from Ch. 34, par. 5-37006 28 65 ILCS 5/11-31.1-12.1 from Ch. 24, par. 11-31.1-12.1 29 105 ILCS 5/2-3.79 from Ch. 122, par. 2-3.79 30 105 ILCS 5/14-7.04 from Ch. 122, par. 14-7.04 31 105 ILCS 5/14-15.01 from Ch. 122, par. 14-15.01 32 105 ILCS 5/30-14.1 from Ch. 122, par. 30-14.1 33 105 ILCS 410/1 from Ch. 122, par. 1851 34 205 ILCS 5/48.4 -675- LRB9206615WHmb 1 205 ILCS 105/1-6d 2 205 ILCS 205/7007 3 205 ILCS 305/43.1 4 205 ILCS 645/20 5 210 ILCS 3/30 6 210 ILCS 3/35 7 210 ILCS 9/125 8 210 ILCS 9/130 9 210 ILCS 30/4 from Ch. 111 1/2, par. 4164 10 210 ILCS 45/2-202 from Ch. 111 1/2, par. 4152-202 11 210 ILCS 45/2-204 from Ch. 111 1/2, par. 4152-204 12 210 ILCS 45/2-205 from Ch. 111 1/2, par. 4152-205 13 210 ILCS 45/3-108 from Ch. 111 1/2, par. 4153-108 14 210 ILCS 45/3-208 from Ch. 111 1/2, par. 4153-208 15 210 ILCS 45/3-304 from Ch. 111 1/2, par. 4153-304 16 210 ILCS 45/3-401.1 from Ch. 111 1/2, par. 4153-401.1 17 210 ILCS 45/3-405 from Ch. 111 1/2, par. 4153-405 18 210 ILCS 45/3-406 from Ch. 111 1/2, par. 4153-406 19 210 ILCS 45/3-411 from Ch. 111 1/2, par. 4153-411 20 210 ILCS 45/3-414 from Ch. 111 1/2, par. 4153-414 21 210 ILCS 45/3-805 from Ch. 111 1/2, par. 4153-805 22 210 ILCS 45/3A-101 23 210 ILCS 55/11 from Ch. 111 1/2, par. 2811 24 215 ILCS 5/238 from Ch. 73, par. 850 25 215 ILCS 5/238.1 26 215 ILCS 5/299.1a from Ch. 73, par. 911.1a 27 215 ILCS 5/299.1b 28 215 ILCS 5/337.1 29 215 ILCS 5/352 from Ch. 73, par. 964 30 215 ILCS 5/356b from Ch. 73, par. 968b 31 215 ILCS 5/356r 32 215 ILCS 5/367b from Ch. 73, par. 979b 33 215 ILCS 5/512-3 from Ch. 73, par. 1065.59-3 34 215 ILCS 105/8 from Ch. 73, par. 1308 -676- LRB9206615WHmb 1 215 ILCS 106/10 2 215 ILCS 106/15 3 215 ILCS 125/2-1 from Ch. 111 1/2, par. 1403 4 215 ILCS 125/4-9.1 from Ch. 111 1/2, par. 1409.2-1 5 215 ILCS 125/4-17 6 215 ILCS 125/6-8 from Ch. 111 1/2, par. 1418.8 7 215 ILCS 165/2 from Ch. 32, par. 596 8 215 ILCS 165/15a from Ch. 32, par. 609a 9 215 ILCS 165/25 from Ch. 32, par. 619 10 225 ILCS 25/23 from Ch. 111, par. 2323 11 225 ILCS 25/23a from Ch. 111, par. 2323a 12 225 ILCS 45/4 from Ch. 111 1/2, par. 73.104 13 225 ILCS 60/22 from Ch. 111, par. 4400-22 14 225 ILCS 60/25 from Ch. 111, par. 4400-25 15 225 ILCS 63/110 16 225 ILCS 65/10-45 17 225 ILCS 65/20-55 18 225 ILCS 80/24 from Ch. 111, par. 3924 19 225 ILCS 85/30 from Ch. 111, par. 4150 20 225 ILCS 85/33 from Ch. 111, par. 4153 21 225 ILCS 100/24 from Ch. 111, par. 4824 22 225 ILCS 110/16 from Ch. 111, par. 7916 23 225 ILCS 407/20-20 24 225 ILCS 454/20-45 25 305 ILCS 5/2-12 from Ch. 23, par. 2-12 26 305 ILCS 5/2-12.5 27 305 ILCS 5/2-14 from Ch. 23, par. 2-14 28 305 ILCS 5/3-10.7 from Ch. 23, par. 3-10.7 29 305 ILCS 5/3-10.9 from Ch. 23, par. 3-10.9 30 305 ILCS 5/3-13 from Ch. 23, par. 3-13 31 305 ILCS 5/4-1.7 from Ch. 23, par. 4-1.7 32 305 ILCS 5/4-2 from Ch. 23, par. 4-2 33 305 ILCS 5/4-4.1 34 305 ILCS 5/5-1.1 from Ch. 23, par. 5-1.1 -677- LRB9206615WHmb 1 305 ILCS 5/5-4 from Ch. 23, par. 5-4 2 305 ILCS 5/5-4.23 from Ch. 23, par. 5-4.23 3 305 ILCS 5/5-4.33 from Ch. 23, par. 5-4.33 4 305 ILCS 5/5-5 from Ch. 23, par. 5-5 5 305 ILCS 5/5-5.01 from Ch. 23, par. 5-5.01 6 305 ILCS 5/5-5.1 from Ch. 23, par. 5-5.1 7 305 ILCS 5/5-5.3 from Ch. 23, par. 5-5.3 8 305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4 9 305 ILCS 5/5-5.4a 10 305 ILCS 5/5-5.5 from Ch. 23, par. 5-5.5 11 305 ILCS 5/5-5.5a from Ch. 23, par. 5-5.5a 12 305 ILCS 5/5-5.7 from Ch. 23, par. 5-5.7 13 305 ILCS 5/5-5.8a from Ch. 23, par. 5-5.8a 14 305 ILCS 5/5-5.8b from Ch. 23, par. 5-5.8b 15 305 ILCS 5/5-9 from Ch. 23, par. 5-9 16 305 ILCS 5/5-11 from Ch. 23, par. 5-11 17 305 ILCS 5/5-11.1 18 305 ILCS 5/5-15.5 19 305 ILCS 5/5-16.1 from Ch. 23, par. 5-16.1 20 305 ILCS 5/5-16.4 21 305 ILCS 5/5-21 22 305 ILCS 5/5A-7 from Ch. 23, par. 5A-7 23 305 ILCS 5/5B-7 from Ch. 23, par. 5B-7 24 305 ILCS 5/5C-6 from Ch. 23, par. 5C-6 25 305 ILCS 5/6-11 from Ch. 23, par. 6-11 26 305 ILCS 5/8A-7.1 from Ch. 23, par. 8A-7.1 27 305 ILCS 5/8A-9 from Ch. 23, par. 8A-9 28 305 ILCS 5/9-1 from Ch. 23, par. 9-1 29 305 ILCS 5/10-1 from Ch. 23, par. 10-1 30 305 ILCS 5/10-13.4 from Ch. 23, par. 10-13.4 31 305 ILCS 5/10-15 from Ch. 23, par. 10-15 32 305 ILCS 5/10-17.9 33 305 ILCS 5/10-24.35 34 305 ILCS 5/10-24.40 -678- LRB9206615WHmb 1 305 ILCS 5/10-24.50 2 305 ILCS 5/11-8.3 from Ch. 23, par. 11-8.3 3 305 ILCS 5/11-9 from Ch. 23, par. 11-9 4 305 ILCS 5/11-27 from Ch. 23, par. 11-27 5 305 ILCS 5/12-1 from Ch. 23, par. 12-1 6 305 ILCS 5/12-4.7c 7 305 ILCS 5/12-4.9 from Ch. 23, par. 12-4.9 8 305 ILCS 5/12-4.17 from Ch. 23, par. 12-4.17 9 305 ILCS 5/12-4.20c from Ch. 23, par. 12-4.20c 10 305 ILCS 5/12-4.20d from Ch. 23, par. 12-4.20d 11 305 ILCS 5/12-4.25 from Ch. 23, par. 12-4.25 12 305 ILCS 5/12-4.35 13 305 ILCS 5/12-4.201 14 305 ILCS 5/12-8.1 15 305 ILCS 5/12-9 from Ch. 23, par. 12-9 16 305 ILCS 5/12-10.1 from Ch. 23, par. 12-10.1 17 305 ILCS 5/12-10.4 18 305 ILCS 5/12-13.1 19 305 ILCS 5/12-16 from Ch. 23, par. 12-16 20 305 ILCS 5/12-20 from Ch. 23, par. 12-20 21 305 ILCS 5/14-7 from Ch. 23, par. 14-7 22 305 ILCS 35/1-2 from Ch. 23, par. 7051-2 23 305 ILCS 40/20 from Ch. 23, par. 7100-20 24 320 ILCS 20/2 from Ch. 23, par. 6602 25 320 ILCS 20/3.5 26 320 ILCS 25/4 from Ch. 67 1/2, par. 404 27 320 ILCS 35/15 from Ch. 23, par. 6801-15 28 320 ILCS 35/20 from Ch. 23, par. 6801-20 29 320 ILCS 35/25 from Ch. 23, par. 6801-25 30 320 ILCS 35/50 from Ch. 23, par. 6801-50 31 320 ILCS 35/60 from Ch. 23, par. 6801-60 32 320 ILCS 40/10 from Ch. 23, par. 6910 33 320 ILCS 40/15 from Ch. 23, par. 6915 34 320 ILCS 40/30 from Ch. 23, par. 6930 -679- LRB9206615WHmb 1 325 ILCS 5/4 from Ch. 23, par. 2054 2 325 ILCS 5/7.20 3 325 ILCS 20/4 from Ch. 23, par. 4154 4 325 ILCS 20/9 from Ch. 23, par. 4159 5 325 ILCS 35/4 from Ch. 23, par. 6704 6 405 ILCS 5/5-107 from Ch. 91 1/2, par. 5-107 7 405 ILCS 5/5-107.1 from Ch. 91 1/2, par. 5-107.1 8 405 ILCS 30/4.2 from Ch. 91 1/2, par. 904.2 9 405 ILCS 80/1-3 from Ch. 91 1/2, par. 1801-3 10 410 ILCS 70/6 from Ch. 111 1/2, par. 87-6 11 410 ILCS 70/7 from Ch. 111 1/2, par. 87-7 12 410 ILCS 220/7 from Ch. 111 1/2, par. 7007 13 410 ILCS 405/6 from Ch. 111 1/2, par. 6956 14 410 ILCS 420/Act title 15 410 ILCS 420/1 from Ch. 111 1/2, par. 2901 16 410 ILCS 420/3 from Ch. 111 1/2, par. 2903 17 410 ILCS 420/4 from Ch. 111 1/2, par. 2904 18 410 ILCS 430/Act title 19 410 ILCS 430/1 from Ch. 111 1/2, par. 22.31 20 410 ILCS 430/2 from Ch. 111 1/2, par. 22.32 21 410 ILCS 430/3 from Ch. 111 1/2, par. 22.33 22 410 ILCS 430/3.01 from Ch. 111 1/2, par. 22.33.01 23 410 ILCS 513/22 24 410 ILCS 515/6 from Ch. 111 1/2, par. 7856 25 410 ILCS 535/12 from Ch. 111 1/2, par. 73-12 26 410 ILCS 535/17 from Ch. 111 1/2, par. 73-17 27 410 ILCS 535/22 from Ch. 111 1/2, par. 73-22 28 410 ILCS 535/24 from Ch. 111 1/2, par. 73-24 29 410 ILCS 535/25.1 from Ch. 111 1/2, par. 73-25.1 30 625 ILCS 5/2-109.1 31 625 ILCS 5/2-123 from Ch. 95 1/2, par. 2-123 32 625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412 33 625 ILCS 5/16-104b 34 705 ILCS 105/27.6 -680- LRB9206615WHmb 1 705 ILCS 205/1 from Ch. 13, par. 1 2 705 ILCS 405/6-9 from Ch. 37, par. 806-9 3 705 ILCS 505/21 from Ch. 37, par. 439.21 4 720 ILCS 5/12-2 from Ch. 38, par. 12-2 5 720 ILCS 5/12-4 from Ch. 38, par. 12-4 6 725 ILCS 207/90 7 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2 8 730 ILCS 5/3-5-4 9 730 ILCS 125/17 from Ch. 75, par. 117 10 735 ILCS 5/12-710 from Ch. 110, par. 12-710 11 740 ILCS 110/7.1 12 750 ILCS 5/505 from Ch. 40, par. 505 13 750 ILCS 5/505.1 from Ch. 40, par. 505.1 14 750 ILCS 5/505.2 from Ch. 40, par. 505.2 15 750 ILCS 5/505.3 16 750 ILCS 5/506 from Ch. 40, par. 506 17 750 ILCS 5/507 from Ch. 40, par. 507 18 750 ILCS 5/507.1 19 750 ILCS 5/510 from Ch. 40, par. 510 20 750 ILCS 5/516 from Ch. 40, par. 516 21 750 ILCS 5/704 from Ch. 40, par. 704 22 750 ILCS 5/705 from Ch. 40, par. 705 23 750 ILCS 5/709 from Ch. 40, par. 709 24 750 ILCS 5/712 from Ch. 40, par. 712 25 750 ILCS 16/7 26 750 ILCS 16/20 27 750 ILCS 16/25 28 750 ILCS 16/30 29 750 ILCS 16/35 30 750 ILCS 16/60 31 750 ILCS 22/102 32 750 ILCS 22/310 33 750 ILCS 22/320 34 750 ILCS 25/3 from Ch. 40, par. 2703 -681- LRB9206615WHmb 1 750 ILCS 25/6 from Ch. 40, par. 2706 2 750 ILCS 28/15 3 750 ILCS 28/45 4 750 ILCS 45/4.1 5 750 ILCS 45/5 from Ch. 40, par. 2505 6 750 ILCS 45/7 from Ch. 40, par. 2507 7 750 ILCS 45/8 from Ch. 40, par. 2508 8 750 ILCS 45/13.1 9 750 ILCS 45/14 from Ch. 40, par. 2514 10 750 ILCS 45/14.1 11 750 ILCS 45/15.1 from Ch. 40, par. 2515.1 12 750 ILCS 45/18 from Ch. 40, par. 2518 13 750 ILCS 45/21 from Ch. 40, par. 2521 14 750 ILCS 45/21.1 15 750 ILCS 45/22 from Ch. 40, par. 2522 16 750 ILCS 45/23 from Ch. 40, par. 2523 17 805 ILCS 5/1.25 from Ch. 32, par. 1.25 18 805 ILCS 105/101.25 from Ch. 32, par. 101.25 19 805 ILCS 180/50-5 20 820 ILCS 405/1300 from Ch. 48, par. 540