Rep. Greg Harris
Filed: 5/28/2015
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1 | AMENDMENT TO SENATE BILL 788
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2 | AMENDMENT NO. ______. Amend Senate Bill 788, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 2, on page 1, line 4, by inserting after "The" the following:
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5 | "Illinois Administrative Procedure Act is amended by changing | ||||||
6 | Section 5-45 as follows: | ||||||
7 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||
8 | Sec. 5-45. Emergency rulemaking. | ||||||
9 | (a) "Emergency" means the existence of any situation that | ||||||
10 | any agency
finds reasonably constitutes a threat to the public | ||||||
11 | interest, safety, or
welfare. | ||||||
12 | (b) If any agency finds that an
emergency exists that | ||||||
13 | requires adoption of a rule upon fewer days than
is required by | ||||||
14 | Section 5-40 and states in writing its reasons for that
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15 | finding, the agency may adopt an emergency rule without prior | ||||||
16 | notice or
hearing upon filing a notice of emergency rulemaking |
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1 | with the Secretary of
State under Section 5-70. The notice | ||||||
2 | shall include the text of the
emergency rule and shall be | ||||||
3 | published in the Illinois Register. Consent
orders or other | ||||||
4 | court orders adopting settlements negotiated by an agency
may | ||||||
5 | be adopted under this Section. Subject to applicable | ||||||
6 | constitutional or
statutory provisions, an emergency rule | ||||||
7 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
8 | at a stated date less than 10 days
thereafter. The agency's | ||||||
9 | finding and a statement of the specific reasons
for the finding | ||||||
10 | shall be filed with the rule. The agency shall take
reasonable | ||||||
11 | and appropriate measures to make emergency rules known to the
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12 | persons who may be affected by them. | ||||||
13 | (c) An emergency rule may be effective for a period of not | ||||||
14 | longer than
150 days, but the agency's authority to adopt an | ||||||
15 | identical rule under Section
5-40 is not precluded. No | ||||||
16 | emergency rule may be adopted more
than once in any 24 month | ||||||
17 | period, except that this limitation on the number
of emergency | ||||||
18 | rules that may be adopted in a 24 month period does not apply
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19 | to (i) emergency rules that make additions to and deletions | ||||||
20 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
21 | Public Aid Code or the
generic drug formulary under Section | ||||||
22 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
23 | emergency rules adopted by the Pollution Control
Board before | ||||||
24 | July 1, 1997 to implement portions of the Livestock Management
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25 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
26 | Department of Public Health under subsections (a) through (i) |
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1 | of Section 2 of the Department of Public Health Act when | ||||||
2 | necessary to protect the public's health, (iv) emergency rules | ||||||
3 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
4 | emergency rules adopted pursuant to subsection (o) of this | ||||||
5 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
6 | (c-5) of this Section. Two or more emergency rules having | ||||||
7 | substantially the same
purpose and effect shall be deemed to be | ||||||
8 | a single rule for purposes of this
Section. | ||||||
9 | (c-5) To facilitate the maintenance of the program of group | ||||||
10 | health benefits provided to annuitants, survivors, and retired | ||||||
11 | employees under the State Employees Group Insurance Act of | ||||||
12 | 1971, rules to alter the contributions to be paid by the State, | ||||||
13 | annuitants, survivors, retired employees, or any combination | ||||||
14 | of those entities, for that program of group health benefits, | ||||||
15 | shall be adopted as emergency rules. The adoption of those | ||||||
16 | rules shall be considered an emergency and necessary for the | ||||||
17 | public interest, safety, and welfare. | ||||||
18 | (d) In order to provide for the expeditious and timely | ||||||
19 | implementation
of the State's fiscal year 1999 budget, | ||||||
20 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
21 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
22 | may be adopted in
accordance with this Section by the agency | ||||||
23 | charged with administering that
provision or initiative, | ||||||
24 | except that the 24-month limitation on the adoption
of | ||||||
25 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
26 | do not apply
to rules adopted under this subsection (d). The |
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1 | adoption of emergency rules
authorized by this subsection (d) | ||||||
2 | shall be deemed to be necessary for the
public interest, | ||||||
3 | safety, and welfare. | ||||||
4 | (e) In order to provide for the expeditious and timely | ||||||
5 | implementation
of the State's fiscal year 2000 budget, | ||||||
6 | emergency rules to implement any
provision of this amendatory | ||||||
7 | Act of the 91st General Assembly
or any other budget initiative | ||||||
8 | for fiscal year 2000 may be adopted in
accordance with this | ||||||
9 | Section by the agency charged with administering that
provision | ||||||
10 | or initiative, except that the 24-month limitation on the | ||||||
11 | adoption
of emergency rules and the provisions of Sections | ||||||
12 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
13 | subsection (e). The adoption of emergency rules
authorized by | ||||||
14 | this subsection (e) shall be deemed to be necessary for the
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15 | public interest, safety, and welfare. | ||||||
16 | (f) In order to provide for the expeditious and timely | ||||||
17 | implementation
of the State's fiscal year 2001 budget, | ||||||
18 | emergency rules to implement any
provision of this amendatory | ||||||
19 | Act of the 91st General Assembly
or any other budget initiative | ||||||
20 | for fiscal year 2001 may be adopted in
accordance with this | ||||||
21 | Section by the agency charged with administering that
provision | ||||||
22 | or initiative, except that the 24-month limitation on the | ||||||
23 | adoption
of emergency rules and the provisions of Sections | ||||||
24 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
25 | subsection (f). The adoption of emergency rules
authorized by | ||||||
26 | this subsection (f) shall be deemed to be necessary for the
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1 | public interest, safety, and welfare. | ||||||
2 | (g) In order to provide for the expeditious and timely | ||||||
3 | implementation
of the State's fiscal year 2002 budget, | ||||||
4 | emergency rules to implement any
provision of this amendatory | ||||||
5 | Act of the 92nd General Assembly
or any other budget initiative | ||||||
6 | for fiscal year 2002 may be adopted in
accordance with this | ||||||
7 | Section by the agency charged with administering that
provision | ||||||
8 | or initiative, except that the 24-month limitation on the | ||||||
9 | adoption
of emergency rules and the provisions of Sections | ||||||
10 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
11 | subsection (g). The adoption of emergency rules
authorized by | ||||||
12 | this subsection (g) shall be deemed to be necessary for the
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13 | public interest, safety, and welfare. | ||||||
14 | (h) In order to provide for the expeditious and timely | ||||||
15 | implementation
of the State's fiscal year 2003 budget, | ||||||
16 | emergency rules to implement any
provision of this amendatory | ||||||
17 | Act of the 92nd General Assembly
or any other budget initiative | ||||||
18 | for fiscal year 2003 may be adopted in
accordance with this | ||||||
19 | Section by the agency charged with administering that
provision | ||||||
20 | or initiative, except that the 24-month limitation on the | ||||||
21 | adoption
of emergency rules and the provisions of Sections | ||||||
22 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
23 | subsection (h). The adoption of emergency rules
authorized by | ||||||
24 | this subsection (h) shall be deemed to be necessary for the
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25 | public interest, safety, and welfare. | ||||||
26 | (i) In order to provide for the expeditious and timely |
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1 | implementation
of the State's fiscal year 2004 budget, | ||||||
2 | emergency rules to implement any
provision of this amendatory | ||||||
3 | Act of the 93rd General Assembly
or any other budget initiative | ||||||
4 | for fiscal year 2004 may be adopted in
accordance with this | ||||||
5 | Section by the agency charged with administering that
provision | ||||||
6 | or initiative, except that the 24-month limitation on the | ||||||
7 | adoption
of emergency rules and the provisions of Sections | ||||||
8 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
9 | subsection (i). The adoption of emergency rules
authorized by | ||||||
10 | this subsection (i) shall be deemed to be necessary for the
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11 | public interest, safety, and welfare. | ||||||
12 | (j) In order to provide for the expeditious and timely | ||||||
13 | implementation of the provisions of the State's fiscal year | ||||||
14 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
15 | Implementation (Human Services) Act, emergency rules to | ||||||
16 | implement any provision of the Fiscal Year 2005 Budget | ||||||
17 | Implementation (Human Services) Act may be adopted in | ||||||
18 | accordance with this Section by the agency charged with | ||||||
19 | administering that provision, except that the 24-month | ||||||
20 | limitation on the adoption of emergency rules and the | ||||||
21 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
22 | adopted under this subsection (j). The Department of Public Aid | ||||||
23 | may also adopt rules under this subsection (j) necessary to | ||||||
24 | administer the Illinois Public Aid Code and the Children's | ||||||
25 | Health Insurance Program Act. The adoption of emergency rules | ||||||
26 | authorized by this subsection (j) shall be deemed to be |
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1 | necessary for the public interest, safety, and welfare.
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2 | (k) In order to provide for the expeditious and timely | ||||||
3 | implementation of the provisions of the State's fiscal year | ||||||
4 | 2006 budget, emergency rules to implement any provision of this | ||||||
5 | amendatory Act of the 94th General Assembly or any other budget | ||||||
6 | initiative for fiscal year 2006 may be adopted in accordance | ||||||
7 | with this Section by the agency charged with administering that | ||||||
8 | provision or initiative, except that the 24-month limitation on | ||||||
9 | the adoption of emergency rules and the provisions of Sections | ||||||
10 | 5-115 and 5-125 do not apply to rules adopted under this | ||||||
11 | subsection (k). The Department of Healthcare and Family | ||||||
12 | Services may also adopt rules under this subsection (k) | ||||||
13 | necessary to administer the Illinois Public Aid Code, the | ||||||
14 | Senior Citizens and Disabled Persons Property Tax Relief Act, | ||||||
15 | the Senior Citizens and Disabled Persons Prescription Drug | ||||||
16 | Discount Program Act (now the Illinois Prescription Drug | ||||||
17 | Discount Program Act), and the Children's Health Insurance | ||||||
18 | Program Act. The adoption of emergency rules authorized by this | ||||||
19 | subsection (k) shall be deemed to be necessary for the public | ||||||
20 | interest, safety, and welfare.
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21 | (l) In order to provide for the expeditious and timely | ||||||
22 | implementation of the provisions of the
State's fiscal year | ||||||
23 | 2007 budget, the Department of Healthcare and Family Services | ||||||
24 | may adopt emergency rules during fiscal year 2007, including | ||||||
25 | rules effective July 1, 2007, in
accordance with this | ||||||
26 | subsection to the extent necessary to administer the |
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1 | Department's responsibilities with respect to amendments to | ||||||
2 | the State plans and Illinois waivers approved by the federal | ||||||
3 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
4 | requirements of Title XIX and Title XXI of the federal Social | ||||||
5 | Security Act. The adoption of emergency rules
authorized by | ||||||
6 | this subsection (l) shall be deemed to be necessary for the | ||||||
7 | public interest,
safety, and welfare.
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8 | (m) In order to provide for the expeditious and timely | ||||||
9 | implementation of the provisions of the
State's fiscal year | ||||||
10 | 2008 budget, the Department of Healthcare and Family Services | ||||||
11 | may adopt emergency rules during fiscal year 2008, including | ||||||
12 | rules effective July 1, 2008, in
accordance with this | ||||||
13 | subsection to the extent necessary to administer the | ||||||
14 | Department's responsibilities with respect to amendments to | ||||||
15 | the State plans and Illinois waivers approved by the federal | ||||||
16 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
17 | requirements of Title XIX and Title XXI of the federal Social | ||||||
18 | Security Act. The adoption of emergency rules
authorized by | ||||||
19 | this subsection (m) shall be deemed to be necessary for the | ||||||
20 | public interest,
safety, and welfare.
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21 | (n) In order to provide for the expeditious and timely | ||||||
22 | implementation of the provisions of the State's fiscal year | ||||||
23 | 2010 budget, emergency rules to implement any provision of this | ||||||
24 | amendatory Act of the 96th General Assembly or any other budget | ||||||
25 | initiative authorized by the 96th General Assembly for fiscal | ||||||
26 | year 2010 may be adopted in accordance with this Section by the |
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1 | agency charged with administering that provision or | ||||||
2 | initiative. The adoption of emergency rules authorized by this | ||||||
3 | subsection (n) shall be deemed to be necessary for the public | ||||||
4 | interest, safety, and welfare. The rulemaking authority | ||||||
5 | granted in this subsection (n) shall apply only to rules | ||||||
6 | promulgated during Fiscal Year 2010. | ||||||
7 | (o) In order to provide for the expeditious and timely | ||||||
8 | implementation of the provisions of the State's fiscal year | ||||||
9 | 2011 budget, emergency rules to implement any provision of this | ||||||
10 | amendatory Act of the 96th General Assembly or any other budget | ||||||
11 | initiative authorized by the 96th General Assembly for fiscal | ||||||
12 | year 2011 may be adopted in accordance with this Section by the | ||||||
13 | agency charged with administering that provision or | ||||||
14 | initiative. The adoption of emergency rules authorized by this | ||||||
15 | subsection (o) is deemed to be necessary for the public | ||||||
16 | interest, safety, and welfare. The rulemaking authority | ||||||
17 | granted in this subsection (o) applies only to rules | ||||||
18 | promulgated on or after the effective date of this amendatory | ||||||
19 | Act of the 96th General Assembly through June 30, 2011. | ||||||
20 | (p) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of Public Act 97-689, | ||||||
22 | emergency rules to implement any provision of Public Act 97-689 | ||||||
23 | may be adopted in accordance with this subsection (p) by the | ||||||
24 | agency charged with administering that provision or | ||||||
25 | initiative. The 150-day limitation of the effective period of | ||||||
26 | emergency rules does not apply to rules adopted under this |
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1 | subsection (p), and the effective period may continue through | ||||||
2 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
3 | emergency rules does not apply to rules adopted under this | ||||||
4 | subsection (p). The adoption of emergency rules authorized by | ||||||
5 | this subsection (p) is deemed to be necessary for the public | ||||||
6 | interest, safety, and welfare. | ||||||
7 | (q) In order to provide for the expeditious and timely | ||||||
8 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
9 | 12 of this amendatory Act of the 98th General Assembly, | ||||||
10 | emergency rules to implement any provision of Articles 7, 8, 9, | ||||||
11 | 11, and 12 of this amendatory Act of the 98th General Assembly | ||||||
12 | may be adopted in accordance with this subsection (q) by the | ||||||
13 | agency charged with administering that provision or | ||||||
14 | initiative. The 24-month limitation on the adoption of | ||||||
15 | emergency rules does not apply to rules adopted under this | ||||||
16 | subsection (q). The adoption of emergency rules authorized by | ||||||
17 | this subsection (q) is deemed to be necessary for the public | ||||||
18 | interest, safety, and welfare. | ||||||
19 | (r) In order to provide for the expeditious and timely | ||||||
20 | implementation of the provisions of this amendatory Act of the | ||||||
21 | 98th General Assembly, emergency rules to implement this | ||||||
22 | amendatory Act of the 98th General Assembly may be adopted in | ||||||
23 | accordance with this subsection (r) by the Department of | ||||||
24 | Healthcare and Family Services. The 24-month limitation on the | ||||||
25 | adoption of emergency rules does not apply to rules adopted | ||||||
26 | under this subsection (r). The adoption of emergency rules |
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1 | authorized by this subsection (r) is deemed to be necessary for | ||||||
2 | the public interest, safety, and welfare. | ||||||
3 | (s) In order to provide for the expeditious and timely | ||||||
4 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
5 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
6 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
7 | Public Aid Code may be adopted in accordance with this | ||||||
8 | subsection (s) by the Department of Healthcare and Family | ||||||
9 | Services. The rulemaking authority granted in this subsection | ||||||
10 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
11 | 2015. Notwithstanding any other provision of this Section, any | ||||||
12 | emergency rule adopted under this subsection (s) shall only | ||||||
13 | apply to payments made for State fiscal year 2015. The adoption | ||||||
14 | of emergency rules authorized by this subsection (s) is deemed | ||||||
15 | to be necessary for the public interest, safety, and welfare. | ||||||
16 | (t) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of Sections 5-5b.2 and 5A-2 of | ||||||
18 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
19 | provision of Section 5-5b.2 or Section 5A-2 of the Illinois | ||||||
20 | Public Aid Code may be adopted in accordance with this | ||||||
21 | subsection (t) by the Department of Healthcare and Family | ||||||
22 | Services. The rulemaking authority granted in this subsection | ||||||
23 | (t) shall apply only to those rules adopted on or after July 1, | ||||||
24 | 2015. Notwithstanding any other provision of this Section, any | ||||||
25 | emergency rule adopted under this subsection (t) shall only | ||||||
26 | apply to payments made for State fiscal year 2016. The adoption |
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1 | of emergency rules authorized by this subsection (t) is deemed | ||||||
2 | to be necessary for the public interest, safety, and welfare. | ||||||
3 | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | ||||||
4 | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15.) | ||||||
5 | Section 6. The"; and | ||||||
6 | on page 37, line 4, after the period, by inserting " All 340B | ||||||
7 | dispensing fees shall be reduced by 2.25% from the rates in | ||||||
8 | effect as of April 30, 2015. ; and | ||||||
9 | on page 40, line 16, by replacing " (s) " with " (t) "; and | ||||||
10 | on page 59, line 1, replacing " (s) " with " (t) "; and | ||||||
11 | on page 60, line 21, replacing " (s) " with " (t) ".
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