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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_HB3491enr HB3491 Enrolled LRB9208405LDpr 1 AN ACT relating to budget implementation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 FY2002 Budget Implementation (Human Services) Act. 6 Section 5. Purpose. It is the purpose and subject of 7 this Act to make the changes in State programs relating to 8 human services that are necessary to implement the State's 9 FY2002 budget. 10 Section 10. The Illinois Administrative Procedure Act is 11 amended by changing Section 5-45 as follows: 12 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) 13 Sec. 5-45. Emergency rulemaking. 14 (a) "Emergency" means the existence of any situation 15 that any agency finds reasonably constitutes a threat to the 16 public interest, safety, or welfare. 17 (b) If any agency finds that an emergency exists that 18 requires adoption of a rule upon fewer days than is required 19 by Section 5-40 and states in writing its reasons for that 20 finding, the agency may adopt an emergency rule without prior 21 notice or hearing upon filing a notice of emergency 22 rulemaking with the Secretary of State under Section 5-70. 23 The notice shall include the text of the emergency rule and 24 shall be published in the Illinois Register. Consent orders 25 or other court orders adopting settlements negotiated by an 26 agency may be adopted under this Section. Subject to 27 applicable constitutional or statutory provisions, an 28 emergency rule becomes effective immediately upon filing 29 under Section 5-65 or at a stated date less than 10 days HB3491 Enrolled -2- LRB9208405LDpr 1 thereafter. The agency's finding and a statement of the 2 specific reasons for the finding shall be filed with the 3 rule. The agency shall take reasonable and appropriate 4 measures to make emergency rules known to the persons who may 5 be affected by them. 6 (c) An emergency rule may be effective for a period of 7 not longer than 150 days, but the agency's authority to adopt 8 an identical rule under Section 5-40 is not precluded. No 9 emergency rule may be adopted more than once in any 24 month 10 period, except that this limitation on the number of 11 emergency rules that may be adopted in a 24 month period does 12 not apply to (i) emergency rules that make additions to and 13 deletions from the Drug Manual under Section 5-5.16 of the 14 Illinois Public Aid Code or the generic drug formulary under 15 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or 16 (ii) emergency rules adopted by the Pollution Control Board 17 before July 1, 1997 to implement portions of the Livestock 18 Management Facilities Act. Two or more emergency rules 19 having substantially the same purpose and effect shall be 20 deemed to be a single rule for purposes of this Section. 21 (d) In order to provide for the expeditious and timely 22 implementation of the State's fiscal year 1999 budget, 23 emergency rules to implement any provision of Public Act 24 90-587 or 90-588 or any other budget initiative for fiscal 25 year 1999 may be adopted in accordance with this Section by 26 the agency charged with administering that provision or 27 initiative, except that the 24-month limitation on the 28 adoption of emergency rules and the provisions of Sections 29 5-115 and 5-125 do not apply to rules adopted under this 30 subsection (d). The adoption of emergency rules authorized 31 by this subsection (d) shall be deemed to be necessary for 32 the public interest, safety, and welfare. 33 (e) In order to provide for the expeditious and timely 34 implementation of the State's fiscal year 2000 budget, HB3491 Enrolled -3- LRB9208405LDpr 1 emergency rules to implement any provision of this amendatory 2 Act of the 91st General Assembly or any other budget 3 initiative for fiscal year 2000 may be adopted in accordance 4 with this Section by the agency charged with administering 5 that provision or initiative, except that the 24-month 6 limitation on the adoption of emergency rules and the 7 provisions of Sections 5-115 and 5-125 do not apply to rules 8 adopted under this subsection (e). The adoption of emergency 9 rules authorized by this subsection (e) shall be deemed to be 10 necessary for the public interest, safety, and welfare. 11 (f) In order to provide for the expeditious and timely 12 implementation of the State's fiscal year 2001 budget, 13 emergency rules to implement any provision of this amendatory 14 Act of the 91st General Assembly or any other budget 15 initiative for fiscal year 2001 may be adopted in accordance 16 with this Section by the agency charged with administering 17 that provision or initiative, except that the 24-month 18 limitation on the adoption of emergency rules and the 19 provisions of Sections 5-115 and 5-125 do not apply to rules 20 adopted under this subsection (f). The adoption of emergency 21 rules authorized by this subsection (f) shall be deemed to be 22 necessary for the public interest, safety, and welfare. 23 (g) In order to provide for the expeditious and timely 24 implementation of the State's fiscal year 2002 budget, 25 emergency rules to implement any provision of this amendatory 26 Act of the 92nd General Assembly or any other budget 27 initiative for fiscal year 2002 may be adopted in accordance 28 with this Section by the agency charged with administering 29 that provision or initiative, except that the 24-month 30 limitation on the adoption of emergency rules and the 31 provisions of Sections 5-115 and 5-125 do not apply to rules 32 adopted under this subsection (g). The adoption of emergency 33 rules authorized by this subsection (g) shall be deemed to be 34 necessary for the public interest, safety, and welfare. HB3491 Enrolled -4- LRB9208405LDpr 1 (Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98; 90-588, 2 eff. 7-1-98; 91-24, eff. 7-1-99; 91-357, eff. 7-29-99; 3 91-712, eff. 7-1-00.) 4 Section 20. The State Finance Act is amended by changing 5 Section 6z-24 and adding Sections 5.549, 5.550, 5.551, 6z-52, 6 and 6z-53 as follows: 7 (30 ILCS 105/5.549 new) 8 Sec. 5.549. The Independent Academic Medical Center Fund. 9 (30 ILCS 105/5.550 new) 10 Sec. 5.550. The Drug Rebate Fund. 11 (30 ILCS 105/5.551 new) 12 Sec. 5.551. The Downstate Emergency Response Fund. 13 (30 ILCS 105/6z-24) (from Ch. 127, par. 142z-24) 14 Sec. 6z-24. There is created in the State Treasury the 15 Special Education Medicaid Matching Fund. All monies 16 received from the federal government due to expenditures by 17 local education agencies foreducationally-relatedservices 18 authorized under Section 1903 of the Social Security Act, as 19 amended, and for the administrative costs related thereto 20 shall be deposited in the Special Education Medicaid Matching 21 Fund. All monies received from the federal government due to 22 expenditures by local education agencies for 23educationally-relatedservices authorized under Section 2105 24 of the Social Security Act, as amended, shall be deposited in 25 the Special Education Medicaid Matching Fund. 26 The monies in the Special Education Medicaid Matching 27 Fund shall be held subject to appropriation by the General 28 Assembly to the State Board of Education or the Illinois 29 Department of Public Aid for distribution to school HB3491 Enrolled -5- LRB9208405LDpr 1 districts, pursuant to an interagency agreement between the 2 Illinois Department of Public Aid and the State Board of 3 Education or intergovernmental agreements between the 4 Illinois Department of Public Aid and individual local 5 education agencies,for eligiblespecial education children6 claims under Titles XIX and XXI of the Social Security Act. 7 (Source: P.A. 91-24, eff. 7-1-99; 91-266, eff. 7-23-99.) 8 (30 ILCS 105/6z-52 new) 9 Sec. 6z-52. Drug Rebate Fund. 10 (a) There is created in the State Treasury a special 11 fund to be known as the Drug Rebate Fund. 12 (b) The Fund is created for the purpose of receiving and 13 disbursing moneys in accordance with this Section. 14 Disbursements from the Fund shall be made, subject to 15 appropriation, only as follows: 16 (1) For payments to pharmacies for reimbursement 17 for prescription drugs provided to a recipient of aid 18 under Article V of the Illinois Public Aid Code or the 19 Children's Health Insurance Program Act. 20 (2) For reimbursement of moneys collected by the 21 Illinois Department of Public Aid through error or 22 mistake. 23 (3) For payments of any amounts that are 24 reimbursable to the federal government resulting from a 25 payment into this Fund. 26 (c) The Fund shall consist of the following: 27 (1) Upon notification from the Director of Public 28 Aid, the Comptroller shall direct and the Treasurer shall 29 transfer the net State share of all moneys received by 30 the Illinois Department of Public Aid from drug rebate 31 agreements with pharmaceutical manufacturers pursuant to 32 Title XIX of the federal Social Security Act, including 33 any portion of the balance in the Public Aid Recoveries HB3491 Enrolled -6- LRB9208405LDpr 1 Trust Fund on July 1, 2001 that is attributable to such 2 receipts. 3 (2) All federal matching funds received by the 4 Illinois Department as a result of expenditures made by 5 the Department that are attributable to moneys deposited 6 in the Fund. 7 (3) Any premium collected by the Illinois 8 Department from participants under a waiver approved by 9 the federal government relating to provision of 10 pharmaceutical services. 11 (4) All other moneys received for the Fund from any 12 other source, including interest earned thereon. 13 (30 ILCS 105/6z-53 new) 14 Sec. 6z-53. Downstate Emergency Response Fund. 15 (a) In this Section: 16 "Downstate county" means any county with a population of 17 less than 250,000 with a level I trauma center. 18 "Trauma center" has the same meaning as in the Emergency 19 Medical Services (EMS) Systems Act. 20 (b) The Downstate Emergency Response Fund is created as 21 a special fund in the State Treasury. 22 (c) The following moneys shall be deposited into the 23 Fund: 24 (1) Moneys appropriated by the General Assembly. 25 (2) Fees or other amounts paid to the Department of 26 Transportation for the use of an emergency helicopter for 27 the transportation of an individual to a trauma center 28 located in a downstate county or for any other medical 29 emergency response. The Department may adopt rules 30 establishing reasonable fees and other amounts to be paid 31 for the use of such helicopters and may collect those 32 fees and other amounts. 33 (3) Gifts, grants, other appropriations, or any HB3491 Enrolled -7- LRB9208405LDpr 1 other moneys designated for deposit into the Fund. 2 (d) Subject to appropriation, moneys in the Fund shall 3 be used for the following purposes: 4 (1) By the Department of Transportation to 5 purchase, lease, maintain, and operate helicopters, 6 including payment of any costs associated with personnel 7 or other expenses necessary for the maintenance or 8 operation of such helicopters, (A) for emergency response 9 transportation of individuals to trauma centers located 10 in downstate counties and (B) to support law enforcement, 11 disaster response, and other medical emergency response. 12 Moneys appropriated from the Fund for these purposes 13 shall be in addition to any other moneys used for these 14 purposes. 15 (2) By the Department of Public Aid for medical 16 assistance under Article V of the Illinois Public Aid 17 Code. 18 Section 25. The Excellence in Academic Medicine Act is 19 amended by changing Sections 15, 20, 60, and 65 and adding 20 Section 35 as follows: 21 (30 ILCS 775/15) 22 Sec. 15. Definitions. As used in this Act: 23 "Academic medical center hospital" means a hospital 24 located in Illinois which is either (i) under common 25 ownership with the college of medicine of a college or 26 university or (ii) a free-standing hospital in which the 27 majority of the clinical chiefs of service are department 28 chairmen in an affiliated medical school. 29 "Academic medical center children's hospital" means a 30 children's hospital which is separately incorporated and 31 non-integrated into the academic medical center hospital but 32 which is the pediatric partner for an academic medical center HB3491 Enrolled -8- LRB9208405LDpr 1 hospital and which serves as the primary teaching hospital 2 for pediatrics for its affiliated medical school; children's 3 hospitals which are separately incorporated but integrated 4 into the academic medical center hospital are considered part 5 of the academic medical center hospital. 6 "Chicago Medicare Metropolitan Statistical Area academic 7 medical center hospital" means an academic medical center 8 hospital located in the Chicago Medicare Metropolitan 9 Statistical Area. 10 "Independent academic medical center hospital" means the 11 primary teaching hospital for the University of Illinois at 12 Urbana. 13 "Non-Chicago Medicare Metropolitan Statistical Area 14 academic medical center hospital" means an academic medical 15 center hospital located outside the Chicago Medicare 16 Metropolitan Statistical Area. 17 "Qualified Chicago Medicare Metropolitan Statistical Area 18 academic medical center hospital" means any Chicago Medicare 19 Metropolitan Statistical Area academic medical center 20 hospital that either directly or in connection with its 21 affiliated medical school receives in excess of $8,000,000 in 22 grants or contracts from the National Institutes of Health 23 during the calendar year preceding the beginning of the State 24 fiscal year; except that for the purposes of Section 25, the 25 term also includes the entity specified in subsection (e) of 26 that Section. 27 "Qualified Non-Chicago Medicare Metropolitan Statistical 28 Area academic medical center hospital" means the primary 29 teaching hospital for the University of Illinois School of 30 Medicine at Peoria and the primary teaching hospital for the 31 University of Illinois School of Medicine at Rockford and the 32 primary teaching hospitals for Southern Illinois University 33 School of Medicine in Springfield. 34 "Qualified academic medical center hospital" means (i) a HB3491 Enrolled -9- LRB9208405LDpr 1 qualified Chicago Medicare Metropolitan Statistical Area 2 academic medical center hospital, (ii) a qualified 3 Non-Chicago Medicare Metropolitan Statistical Area academic 4 medical center hospital, or (iii) an academic medical center 5 children's hospital. 6 "Qualified programs" include: 7 (i) Thoracic Transplantation: heart and lung, in 8 particular; 9 (ii) Cancer: particularly biologic modifiers of 10 tumor response, and mechanisms of drug resistance in 11 cancer therapy; 12 (iii) Shock/Burn: development of biological 13 alternatives to skin for grafting in burn injury, and 14 research in mechanisms of shock and tissue injury in 15 severe injury; 16 (iv) Abdominal transplantation: kidney, liver, 17 pancreas, and development of islet cell and small bowel 18 transplantation technologies; 19 (v) Minimally invasive surgery: particularly 20 laparoscopic surgery; 21 (vi) High performance medical computing: 22 telemedicine and teleradiology; 23 (vii) Transmyocardial laser revascularization: a 24 laser creates holes in heart muscles to allow new blood 25 flow; 26 (viii) Pet scanning: viewing how organs function 27 (CT and MRI only allow viewing of the structure of an 28 organ); 29 (ix) Strokes in the African-American community: 30 particularly risk factors for cerebral vascular accident 31 (strokes) in the African-American community at much 32 higher risk than the general population; 33 (x) Neurosurgery: particularly focusing on 34 interventional neuroradiology; HB3491 Enrolled -10- LRB9208405LDpr 1 (xi) Comprehensive eye center: including further 2 development in pediatric eye trauma; 3 (xii) Cancers: particularly melanoma, head and 4 neck; 5 (xiii) Pediatric cancer; 6 (xiv) Invasive pediatric cardiology; 7 (xv) Pediatric organ transplantation: 8 transplantation of solid organs, marrow, and other stem 9 cells; and 10 (xvi) Such other programs as may be identified. 11 (Source: P.A. 89-506, eff. 7-3-96.) 12 (30 ILCS 775/20) 13 Sec. 20. Establishment of Funds. 14 (a) The Medical Research and Development Fund is created 15 in the State Treasury to which the General Assembly may from 16 time to time appropriate funds and from which the Comptroller 17 shall pay amounts as authorized by law. 18 (i) The following accounts are created in the 19 Medical Research and Development Fund: The National 20 Institutes of Health Account; the Philanthropic Medical 21 Research Account; and the Market Medical Research 22 Account. 23 (ii) Funds appropriated to the Medical Research and 24 Development Fund shall be assigned in equal amounts to 25 each account within the Fund, subject to transferability 26 of funds under subsection (c) of Section 25. 27 (b) The Post-Tertiary Clinical Services Fund is created 28 in the State Treasury to which the General Assembly may from 29 time to time appropriate funds and from which the Comptroller 30 shall pay amounts as authorized by law. 31 (c) The Independent Academic Medical Center Fund is 32 created as a special fund in the State Treasury, to which the 33 General Assembly shall from time to time appropriate funds HB3491 Enrolled -11- LRB9208405LDpr 1 for the purposes of the Independent Academic Medical Center 2 Program. The amount appropriated for any fiscal year after 3 2002 shall not be less than the amount appropriated for 4 fiscal year 2002. The State Comptroller shall pay amounts 5 from the Fund as authorized by law. 6 (Source: P.A. 89-506, eff. 7-3-96.) 7 (30 ILCS 775/35 new) 8 Sec. 35. Independent Academic Medical Center Program. 9 There is created an Independent Academic Medical Center 10 Program to provide incentives to develop and enhance the 11 independent academic medical center hospital. In each State 12 fiscal year, beginning in fiscal year 2002, the independent 13 academic medical center hospital shall receive funding under 14 the Program, equal to the full amount appropriated for that 15 purpose for that fiscal year. In each fiscal year, one 16 quarter of the amount payable to the independent academic 17 medical center hospital shall be paid on the fifteenth 18 working day after July 1, October 1, January 1, and March 1. 19 (30 ILCS 775/60) 20 Sec. 60. Restriction on funds. No academic medical 21 center hospital shall be eligible for payments from the 22 Medical Research and Development Fund unless the academic 23 medical center hospital qualifies under Section 15 as a 24 qualified Chicago Medicare Metropolitan Statistical Area 25 academic medical center hospital which in connection with its 26 affiliated medical school received at least $8,000,000 in the 27 preceding calendar year in grants or contracts from the 28 National Institutes of Health; except that this restriction 29 does not apply to the entity specified in subsection (e) of 30 Section 25. 31 If a hospital is eligible for funds from the Independent 32 Academic Medical Center Fund, that hospital shall not receive HB3491 Enrolled -12- LRB9208405LDpr 1 funds from the Medical Research and Development Fund or the 2 Post-Tertiary Clinical Services Fund. If a hospital receives 3 funds from the Medical Research and Development Fund or the 4 Post-Tertiary Clinical Services Fund, that hospital is 5 ineligible to receive funds from the Independent Academic 6 Medical Center Fund. 7 (Source: P.A. 89-506, eff. 7-3-96.) 8 (30 ILCS 775/65) 9 Sec. 65. Reporting requirements. On or before May 1 of 10 each year, the chief executive officer of each Qualified 11 Academic Medical Center Hospital shall submit a report to the 12 Comptroller regarding the effects of the programs authorized 13 by this Act. The report shall also report the total amount 14 of grants from and contracts with the National Institutes of 15 Health in the preceding calendar year. It shall assess 16 whether the programs funded are likely to be successful, 17 require further study, or no longer appear to be promising 18 avenues of research. It shall discuss the probable use of 19 the developmental program in mainstream medicine including 20 both cost impact and medical effect. The report shall 21 address the effects the programs may have on containing Title 22 XIX and Title XXI costs in Illinois. The Comptroller shall 23 immediately forward the report to the Director of Public Aid 24 and the Director of Public Health who shall evaluate the 25 contents in a letter submitted to the President of the Senate 26 and the Speaker of the House of Representatives. 27 (Source: P.A. 89-506, eff. 7-3-96.) 28 Section 30. The Illinois Public Aid Code is amended by 29 changing Sections 5-5.4, 12-4.34, and 12-9 and adding Section 30 5-5.12a as follows: 31 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) HB3491 Enrolled -13- LRB9208405LDpr 1 Sec. 5-5.4. Standards of Payment - Department of Public 2 Aid. The Department of Public Aid shall develop standards of 3 payment of skilled nursing and intermediate care services in 4 facilities providing such services under this Article which: 5 (1) Provides for the determination of a facility's 6 payment for skilled nursing and intermediate care services on 7 a prospective basis. The amount of the payment rate for all 8 nursing facilities certified under the medical assistance 9 program shall be prospectively established annually on the 10 basis of historical, financial, and statistical data 11 reflecting actual costs from prior years, which shall be 12 applied to the current rate year and updated for inflation, 13 except that the capital cost element for newly constructed 14 facilities shall be based upon projected budgets. The 15 annually established payment rate shall take effect on July 1 16 in 1984 and subsequent years. Rate increases shall be 17 provided annually thereafter on July 1 in 1984 and on each 18 subsequent July 1 in the following years, except that no rate 19 increase and no update for inflation shall be provided on or 20 after July 1, 1994 and before July 1, 2001, unless 21 specifically provided for in this Section. 22 For facilities licensed by the Department of Public 23 Health under the Nursing Home Care Act as Intermediate Care 24 for the Developmentally Disabled facilities or Long Term Care 25 for Under Age 22 facilities, the rates taking effect on July 26 1, 1998 shall include an increase of 3%. For facilities 27 licensed by the Department of Public Health under the Nursing 28 Home Care Act as Skilled Nursing facilities or Intermediate 29 Care facilities, the rates taking effect on July 1, 1998 30 shall include an increase of 3% plus $1.10 per resident-day, 31 as defined by the Department. 32 For facilities licensed by the Department of Public 33 Health under the Nursing Home Care Act as Intermediate Care 34 for the Developmentally Disabled facilities or Long Term Care HB3491 Enrolled -14- LRB9208405LDpr 1 for Under Age 22 facilities, the rates taking effect on July 2 1, 1999 shall include an increase of 1.6% plus $3.00 per 3 resident-day, as defined by the Department. For facilities 4 licensed by the Department of Public Health under the Nursing 5 Home Care Act as Skilled Nursing facilities or Intermediate 6 Care facilities, the rates taking effect on July 1, 1999 7 shall include an increase of 1.6% and, for services provided 8 on or after October 1, 1999, shall be increased by $4.00 per 9 resident-day, as defined by the Department. 10 For facilities licensed by the Department of Public 11 Health under the Nursing Home Care Act as Intermediate Care 12 for the Developmentally Disabled facilities or Long Term Care 13 for Under Age 22 facilities, the rates taking effect on July 14 1, 2000 shall include an increase of 2.5% per resident-day, 15 as defined by the Department. For facilities licensed by the 16 Department of Public Health under the Nursing Home Care Act 17 as Skilled Nursing facilities or Intermediate Care 18 facilities, the rates taking effect on July 1, 2000 shall 19 include an increase of 2.5% per resident-day, as defined by 20 the Department. 21 For facilities licensed by the Department of Public 22 Health under the Nursing Home Care Act as Intermediate Care 23 for the Developmentally Disabled facilities or Long Term Care 24 for Under Age 22 facilities, the rates taking effect on March 25 1, 2001 shall include a statewide increase of 7.85%, as 26 defined by the Department. 27 For facilities licensed by the Department of Public 28 Health under the Nursing Home Care Act as Intermediate Care 29 for the Developmentally Disabled facilities or Long Term Care 30 for Under Age 22 facilities, the rates taking effect on April 31 1, 2002 shall include a statewide increase of 2.0%, as 32 defined by the Department. 33 Rates established effective each July 1 shall govern 34 payment for services rendered throughout that fiscal year, HB3491 Enrolled -15- LRB9208405LDpr 1 except that rates established on July 1, 1996 shall be 2 increased by 6.8% for services provided on or after January 3 1, 1997. Such rates will be based upon the rates calculated 4 for the year beginning July 1, 1990, and for subsequent years 5 thereafter shall be based on the facility cost reports for 6 the facility fiscal year ending at any point in time during 7 the previous calendar year, updated to the midpoint of the 8 rate year. The cost report shall be on file with the 9 Department no later than April 1 of the current rate year. 10 Should the cost report not be on file by April 1, the 11 Department shall base the rate on the latest cost report 12 filed by each skilled care facility and intermediate care 13 facility, updated to the midpoint of the current rate year. 14 In determining rates for services rendered on and after July 15 1, 1985, fixed time shall not be computed at less than zero. 16 The Department shall not make any alterations of regulations 17 which would reduce any component of the Medicaid rate to a 18 level below what that component would have been utilizing in 19 the rate effective on July 1, 1984. 20 (2) Shall take into account the actual costs incurred by 21 facilities in providing services for recipients of skilled 22 nursing and intermediate care services under the medical 23 assistance program. 24 (3) Shall take into account the medical and 25 psycho-social characteristics and needs of the patients. 26 (4) Shall take into account the actual costs incurred by 27 facilities in meeting licensing and certification standards 28 imposed and prescribed by the State of Illinois, any of its 29 political subdivisions or municipalities and by the U.S. 30 Department of Health and Human Services pursuant to Title XIX 31 of the Social Security Act. 32 The Department of Public Aid shall develop precise 33 standards for payments to reimburse nursing facilities for 34 any utilization of appropriate rehabilitative personnel for HB3491 Enrolled -16- LRB9208405LDpr 1 the provision of rehabilitative services which is authorized 2 by federal regulations, including reimbursement for services 3 provided by qualified therapists or qualified assistants, and 4 which is in accordance with accepted professional practices. 5 Reimbursement also may be made for utilization of other 6 supportive personnel under appropriate supervision. 7 (Source: P.A. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98; 91-24, 8 eff. 7-1-99; 91-712, eff. 7-1-00.) 9 (305 ILCS 5/5-5.12a new) 10 Sec. 5-5.12a. Title XIX waiver; pharmacy assistance 11 program. The Illinois Department may seek a waiver of 12 otherwise applicable requirements of Title XIX of the federal 13 Social Security Act in order to claim federal financial 14 participation for a pharmacy assistance program for persons 15 aged 65 and over with income levels at or less than 250% of 16 the federal poverty level. The Illinois Department may 17 provide by rule for all other requirements of the program, 18 including cost sharing, as permitted by an approved waiver 19 and without regard to any provision of this Code to the 20 contrary. The benefits may be no more restrictive than the 21 Pharmacy Assistance Program in effect on May 31, 2001. 22 Benefits provided under the waiver are subject to 23 appropriation. 24 The Illinois Department may not implement the waiver 25 until cost neutrality is demonstrated for the State relative 26 to the final Pharmacy Assistance Program appropriation for 27 the fiscal year beginning July 1, 2001. Implementation of 28 the waiver shall terminate on June 30, 2007. 29 (305 ILCS 5/12-4.34) 30 (Section scheduled to be repealed on August 31, 2001) 31 Sec. 12-4.34. Services to noncitizens. 32 (a) Subject to specific appropriation for this purpose HB3491 Enrolled -17- LRB9208405LDpr 1 and notwithstanding Sections 1-11 and 3-1 of this Code, the 2 Department of Human Services is authorized to provide 3 services to legal immigrants, including but not limited to 4 naturalization and nutrition services and financial 5 assistance. The nature of these services, payment levels, 6 and eligibility conditions shall be determined by rule. 7 (b) The Illinois Department is authorized to lower the 8 payment levels established under this subsection or take such 9 other actions during the fiscal year as are necessary to 10 ensure that payments under this subsection do not exceed the 11 amounts appropriated for this purpose. These changes may be 12 accomplished by emergency rule under Section 5-45 of the 13 Illinois Administrative Procedure Act, except that the 14 limitation on the number of emergency rules that may be 15 adopted in a 24-month period shall not apply. 16 (c) This Section is repealed on August 31, 20022001. 17 (Source: P.A. 90-564, eff. 12-22-97; 90-588, eff. 7-1-98; 18 91-24, eff. 7-1-99; 91-712, eff. 7-1-00.) 19 (305 ILCS 5/12-9) (from Ch. 23, par. 12-9) 20 Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The 21 Public Aid Recoveries Trust Fund shall consist of (1) 22 recoveries by the Illinois Department of Public Aid 23 authorized by this Code in respect to applicants or 24 recipients under Articles III, IV, V, and VI, including 25 recoveries made by the Illinois Department of Public Aid from 26 the estates of deceased recipients, (2) recoveries made by 27 the Illinois Department of Public Aid in respect to 28 applicants and recipients under the Children's Health 29 Insurance Program, and (3) federal funds received on behalf 30 of and earned by local governmental entities for services 31 provided to applicants or recipients covered under this Code. 32to the State Disbursement Unit established under Section3310-26 of this Code orThe Fund shall be held as a special HB3491 Enrolled -18- LRB9208405LDpr 1 fund in the State Treasury. 2 Disbursements from this Fund shall be only (1) for the 3 reimbursement of claims collected by the Illinois Department 4 of Public Aid through error or mistake, (2) for payment to 5 persons or agencies designated as payees or co-payees on any 6 instrument, whether or not negotiable, delivered to the 7 Illinois Department of Public Aid as a recovery under this 8 Section, such payment to be in proportion to the respective 9 interests of the payees in the amount so collected, (3) for 10 payments to the Department of Human Services for collections 11 made by the Illinois Department of Public Aid on behalf of 12 the Department of Human Services under this Code, (4)from13the State Disbursement Unit Revolving Fund under Section1412-8.1 of this Code orfor payment of administrative expenses 15 incurred in performing the activities authorized under this 16 Code, (5) for payment of fees to persons or agencies in the 17 performance of activities pursuant to the collection of 18 monies owed the State that are collected under this Code, (6) 19 for payments of any amounts which are reimbursable to the 20 federal government which are required to be paid by State 21 warrant by either the State or federal government, and (7) 22 for payments to local governmental entities of federal funds 23 for services provided to applicants or recipients covered 24 under this Code. Disbursements from this Fund for purposes 25 of items (4) and (5) of this paragraph shall be subject to 26 appropriations from the Fund to the Illinois Department of 27 Public Aid. 28 The balance in this Fund on the first day of each 29 calendar quarter, after payment therefrom of any amounts 30 reimbursable to the federal government, and minus the amount 31 reasonably anticipated to be needed to make the disbursements 32 during that quarter authorized by this Section, shall be 33 certified by the Director of the Illinois Department of 34 Public Aid and transferred by the State Comptroller to the HB3491 Enrolled -19- LRB9208405LDpr 1 Drug Rebate Fund or the General Revenue Fund in the State 2 Treasury, as appropriate, within 30 days of the first day of 3 each calendar quarter. 4 On July 1, 1999, the State Comptroller shall transfer the 5 sum of $5,000,000 from the Public Aid Recoveries Trust Fund 6 (formerly the Public Assistance Recoveries Trust Fund) into 7 the DHS Recoveries Trust Fund. 8 (Source: P.A. 90-255, eff. 1-1-98; 91-24, eff. 7-1-99; 9 91-212, eff. 7-20-99; revised 9-28-99.) 10 Section 35. The Senior Citizens and Disabled Persons 11 Property Tax Relief and Pharmaceutical Assistance Act is 12 amended by changing Section 3.15 as follows: 13 (320 ILCS 25/3.15) (from Ch. 67 1/2, par. 403.15) 14 Sec. 3.15. "Covered prescription drug" means (1) any 15 cardiovascular agent or drug; (2) any insulin or other 16 prescription drug used in the treatment of diabetes, 17 including syringe and needles used to administer the insulin; 18 (3) any prescription drug used in the treatment of arthritis, 19 (4) beginning on January 1, 2001, any prescription drug used 20 in the treatment of cancer, (5) beginning on January 1, 2001, 21 any prescription drug used in the treatment of Alzheimer's 22 disease, (6) beginning on January 1, 2001, any prescription 23 drug used in the treatment of Parkinson's disease, (7) 24 beginning on January 1, 2001, any prescription drug used in 25 the treatment of glaucoma,and(8) beginning on January 1, 26 2001, any prescription drug used in the treatment of lung 27 disease and smoking related illnesses, and (9) beginning on 28 July 1, 2001, any prescription drug used in the treatment of 29 osteoporosis. The specific agents or products to be included 30 under such categories shall be listed in a handbook to be 31 prepared and distributed by the Department. The general 32 types of covered prescription drugs shall be indicated by HB3491 Enrolled -20- LRB9208405LDpr 1 rule. The Department of Public Health shall promulgate a 2 list of covered prescription drugs under this program that 3 meet the definition of a narrow therapeutic index drug as 4 described in subsection (f) of Section 4. 5 (Source: P.A. 91-699, eff. 1-1-01.) 6 Section 40. The Early Intervention Services System Act 7 is amended by changing Sections 11 and 13 as follows: 8 (325 ILCS 20/11) (from Ch. 23, par. 4161) 9 Sec. 11. Individualized Family Service Plans. Each 10 eligible infant or toddler and that infant's or toddler's 11 family shall receive: 12 (a) timely, comprehensive, multidisciplinary 13 assessment of the unique needs of each eligible infant 14 and toddler, and assessment of the concerns and 15 priorities of the families to appropriately assist them 16 in meeting their needs and identify services to meet 17 those needs; and 18 (b) a written Individualized Family Service Plan 19 developed by a multidisciplinary team which includes the 20 parent or guardian. 21 The Individualized Family Service Plan shall be evaluated 22 once a year and the family shall be provided a review of the 23 Plan at 6 month intervals or more often where appropriate 24 based on infant or toddler and family needs. The lead agency 25 shall create a quality review process regarding 26 Individualized Family Service Plan development and changes 27 thereto, to monitor and help assure that resources are being 28 used to provide appropriate early intervention services. 29 The evaluation and initial assessment and initial Plan 30 meeting must be held within 45 days after the initial contact 31 with the early intervention services system. With parental 32 consent, early intervention services may commence before the HB3491 Enrolled -21- LRB9208405LDpr 1 completion of the comprehensive assessment and development of 2 the Plan. 3 Parents must be informed that, at their discretion, early 4 intervention services shall be provided to each eligible 5 infant and toddler in the natural environment, which may 6 include the home or other community settings. Parents shall 7 make the final decision to accept or decline early 8 intervention services. A decision to decline such services 9 shall not be a basis for administrative determination of 10 parental fitness, or other findings or sanctions against the 11 parents. Parameters of the Plan shall be set forth in rules. 12 (Source: P.A. 91-538, eff. 8-13-99.) 13 (325 ILCS 20/13) (from Ch. 23, par. 4163) 14 Sec. 13. Funding and Fiscal Responsibility. The lead 15 agency and every other participating State agency may receive 16 and expend funds appropriated by the General Assembly to 17 implement the early intervention services system as required 18 by this Act. 19 The lead agency and each participating State agency shall 20 identify and report on an annual basis to the Council the 21 State agency funds utilized for the provision of early 22 intervention services to eligible infants and toddlers. 23 Funds provided under Section 633 of the Individuals with 24 Disabilities Education Act (20 United States Code 1433) may 25 not be used to satisfy a financial commitment for services 26 which would have been paid for from another public or private 27 source but for the enactment of this Act, except whenever 28 considered necessary to prevent delay in receiving 29 appropriate early intervention services by the eligible 30 infant or toddler or family in a timely manner. "Public or 31 private source" includes public and private insurance 32 coverage. 33 Funds provided under Section 633 of the Individuals with HB3491 Enrolled -22- LRB9208405LDpr 1 Disabilities Education Act may be used by the lead agency to 2 pay the provider of services pending reimbursement from the 3 appropriate state agency. 4 Nothing in this Act shall be construed to permit the 5 State to reduce medical or other assistance available or to 6 alter eligibility under Title V and Title XIX of the Social 7 Security Act relating to the Maternal Child Health Program 8 and Medicaid for eligible infants and toddlers in this State. 9 The lead agency shall create a central billing office to 10 receive and dispense all relevant State and federal 11 resources, as well as local government or independent 12 resources available, for early intervention services. This 13 office shall assure that maximum federal resources are 14 utilized and that providers receive funds with minimal 15 duplications or interagency reporting and with consolidated 16 audit procedures. 17 The lead agency shallmayalso create a system of 18 payments by families, including a schedule of fees. No fees, 19 however, may be charged for: implementing child find, 20 evaluation and assessment, service coordination, 21 administrative and coordination activities related to the 22 development, review, and evaluation of Individualized Family 23 Service Plans, or the implementation of procedural safeguards 24 and other administrative components of the statewide early 25 intervention system. 26 (Source: P.A. 91-538, eff. 8-13-99.) 27 Section 99. Effective date. This Act takes effect upon 28 becoming law.