Illinois General Assembly - Full Text of Public Act 095-0518
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Public Act 095-0518




Public Act 095-0518
SB1739 Enrolled LRB095 11093 DRJ 31421 b

    AN ACT in relation to public aid.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Public Aid Code is amended by
changing Sections 5-8 and 12-13 as follows:
    (305 ILCS 5/5-8)  (from Ch. 23, par. 5-8)
    Sec. 5-8. Practitioners. In supplying medical assistance,
the Illinois Department may provide for the legally authorized
services of (i) persons licensed under the Medical Practice Act
of 1987, as amended, except as hereafter in this Section
stated, whether under a general or limited license, (ii) and of
persons licensed or registered under other laws of this State
to provide dental, medical, pharmaceutical, optometric,
podiatric, or nursing services, or other remedial care
recognized under State law, and (iii) persons licensed under
other laws of this State as a clinical social worker. The
Department may not provide for legally authorized services of
any physician who has been convicted of having performed an
abortion procedure in a wilful and wanton manner on a woman who
was not pregnant at the time such abortion procedure was
performed. The utilization of the services of persons engaged
in the treatment or care of the sick, which persons are not
required to be licensed or registered under the laws of this
State, is not prohibited by this Section.
(Source: P.A. 85-1209.)
    (305 ILCS 5/12-13)  (from Ch. 23, par. 12-13)
    Sec. 12-13. Rules and regulations. The Department shall
make all rules and regulations and take such action as may be
necessary or desirable for carrying out the provisions of this
Code, to the end that its spirit and purpose may be achieved
and the public aid programs administered efficiently
throughout the State. However, the rules and regulations shall
not provide that payment for services rendered to a specific
recipient by (i) a person licensed under the Medical Practice
Act of 1987, whether under a general or limited license, (ii)
or a person licensed or registered under other laws of this
State to provide dental, optometric, or pediatric care, or
(iii) a licensed clinical social worker may be authorized only
when services are recommended for that recipient by a person
licensed to practice medicine in all its branches.
    Whenever a rule of the Department requires that an
applicant or recipient verify information submitted to the
Department, the rule, in order to make the public fully aware
of what information is required for verification, shall specify
the acceptable means of verification or shall list examples of
acceptable means of verification.
    The provisions of the Illinois Administrative Procedure
Act are hereby expressly adopted and incorporated herein, and
shall apply to all administrative rules and procedures of the
Illinois Department under this Act, except that Section 5-35 of
the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption of
any rule required by federal law in connection with which the
Illinois Department is precluded by law from exercising any
discretion, and the requirements of the Administrative
Procedure Act with respect to contested cases are not
applicable to (1) hearings involving eligibility of applicants
or recipients of public aid or (2) support hearings involving
responsible relatives.
(Source: P.A. 92-111, eff. 1-1-02.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/28/2007