State of Illinois
91st General Assembly
Legislation

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91_HB3205eng

 
HB3205 Engrossed                               LRB9110567DJcd

 1        AN ACT to amend the Illinois Public Aid Code by  changing
 2    Sections 5-8 and 12-13.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Illinois Public Aid Code  is  amended  by
 6    changing Sections 5-8 and 12-13 as follows:

 7        (305 ILCS 5/5-8) (from Ch. 23, par. 5-8)
 8        Sec. 5-8. Practitioners. In supplying medical assistance,
 9    the   Illinois   Department   may  provide  for  the  legally
10    authorized services of (i) persons licensed under the Medical
11    Practice Act of 1987, as amended, except as hereafter in this
12    Section stated, whether under a general or  limited  license,
13    (ii)  and  of persons licensed or registered under other laws
14    of this State to  provide  dental,  medical,  pharmaceutical,
15    optometric, podiatric, or nursing services, or other remedial
16    care  recognized  under State law, and (iii) persons licensed
17    under other laws of this State as  a  clinical  psychologist,
18    clinical  social  worker, or clinical professional counselor.
19    The  Department  may  not  provide  for  legally   authorized
20    services  of  any  physician who has been convicted of having
21    performed an abortion procedure in a wilful and wanton manner
22    on a woman who was not pregnant at  the  time  such  abortion
23    procedure  was performed.  The utilization of the services of
24    persons engaged in the treatment or care of the  sick,  which
25    persons  are  not required to be licensed or registered under
26    the laws of this State, is not prohibited by this Section.
27    (Source: P.A. 85-1209.)

28        (305 ILCS 5/12-13) (from Ch. 23, par. 12-13)
29        Sec. 12-13. Rules and regulations.  The Department  shall
30    make all rules and regulations and take such action as may be
 
HB3205 Engrossed            -2-                LRB9110567DJcd
 1    necessary  or  desirable  for  carrying out the provisions of
 2    this Code, to the end that its  spirit  and  purpose  may  be
 3    achieved and the public aid programs administered efficiently
 4    throughout  the  State.  However,  the  rules and regulations
 5    shall not provide that payment for  services  rendered  to  a
 6    specific recipient by (i) a person licensed under the Medical
 7    Practice  Act  of  1987,  whether  under a general or limited
 8    license, (ii) or a person licensed or registered under  other
 9    laws   of  this  State  to  provide  dental,  optometric,  or
10    pediatric care, or (iii) a  licensed  clinical  psychologist,
11    licensed   clinical   social  worker,  or  licensed  clinical
12    professional counselor may be authorized only  when  services
13    are  recommended  for  that recipient by a person licensed to
14    practice medicine in all its branches.
15        Whenever a  rule  of  the  Department  requires  that  an
16    applicant  or  recipient  verify information submitted to the
17    Department, the rule, in order to make the public fully aware
18    of what  information  is  required  for  verification,  shall
19    specify  the  acceptable  means of verification or shall list
20    examples of acceptable means of verification.
21        The provisions of the Illinois  Administrative  Procedure
22    Act are hereby expressly adopted and incorporated herein, and
23    shall apply to all administrative rules and procedures of the
24    Illinois  Department under this Act, except that Section 5-35
25    of the Illinois  Administrative  Procedure  Act  relating  to
26    procedures  for rule-making does not apply to the adoption of
27    any rule required by federal law in connection with which the
28    Illinois Department is precluded by law from  exercising  any
29    discretion,   and  the  requirements  of  the  Administrative
30    Procedure  Act  with  respect  to  contested  cases  are  not
31    applicable  to  (1)   hearings   involving   eligibility   of
32    applicants  or recipients of public aid, (2) support hearings
33    involving responsible relatives, or  (3)  personnel  hearings
34    involving matters arising under Section 12-18.1.
 
HB3205 Engrossed            -3-                LRB9110567DJcd
 1    (Source: P.A. 88-45.)

 2        Section  99.  Effective date.  This Act takes effect upon
 3    becoming law.

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