Bill Amendment: IL HB3376 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DHS-HOME CARE CONSUMER RIGHTS
Status: 2017-10-27 - Total Veto Stands - No Positive Action Taken [HB3376 Detail]
Download: Illinois-2017-HB3376-House_Amendment_001.html
Bill Title: DHS-HOME CARE CONSUMER RIGHTS
Status: 2017-10-27 - Total Veto Stands - No Positive Action Taken [HB3376 Detail]
Download: Illinois-2017-HB3376-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3376
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2 | AMENDMENT NO. ______. Amend House Bill 3376 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Rehabilitation of Persons with | ||||||
5 | Disabilities Act is amended by changing Section 3 as follows:
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6 | (20 ILCS 2405/3) (from Ch. 23, par. 3434)
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7 | Sec. 3. Powers and duties. The Department shall have the | ||||||
8 | powers and
duties enumerated
herein:
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9 | (a) To co-operate with the federal government in the | ||||||
10 | administration
of the provisions of the federal Rehabilitation | ||||||
11 | Act of 1973, as amended,
of the Workforce Investment Act of | ||||||
12 | 1998,
and of the federal Social Security Act to the extent and | ||||||
13 | in the manner
provided in these Acts.
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14 | (b) To prescribe and supervise such courses of vocational | ||||||
15 | training
and provide such other services as may be necessary | ||||||
16 | for the habilitation
and rehabilitation of persons with one or |
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1 | more disabilities, including the
administrative activities | ||||||
2 | under subsection (e) of this Section, and to
co-operate with | ||||||
3 | State and local school authorities and other recognized
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4 | agencies engaged in habilitation, rehabilitation and | ||||||
5 | comprehensive
rehabilitation services; and to cooperate with | ||||||
6 | the Department of Children
and Family Services regarding the | ||||||
7 | care and education of children with one
or more disabilities.
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8 | (c) (Blank).
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9 | (d) To report in writing, to the Governor, annually on or | ||||||
10 | before the
first day of December, and at such other times and | ||||||
11 | in such manner and
upon such subjects as the Governor may | ||||||
12 | require. The annual report shall
contain (1) a statement of the | ||||||
13 | existing condition of comprehensive
rehabilitation services, | ||||||
14 | habilitation and rehabilitation in the State;
(2) a statement | ||||||
15 | of suggestions and recommendations with reference to the
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16 | development of comprehensive rehabilitation services, | ||||||
17 | habilitation and
rehabilitation in the State; and (3) an | ||||||
18 | itemized statement of the
amounts of money received from | ||||||
19 | federal, State and other sources, and of
the objects and | ||||||
20 | purposes to which the respective items of these several
amounts | ||||||
21 | have been devoted.
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22 | (e) (Blank).
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23 | (f) To establish a program of services to prevent the | ||||||
24 | unnecessary
institutionalization of persons in need of long | ||||||
25 | term care and who meet the criteria for blindness or disability | ||||||
26 | as defined by the Social Security Act, thereby enabling them to
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1 | remain in their own homes. Such preventive
services include any | ||||||
2 | or all of the following:
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3 | (1) personal assistant services;
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4 | (2) homemaker services;
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5 | (3) home-delivered meals;
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6 | (4) adult day care services;
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7 | (5) respite care;
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8 | (6) home modification or assistive equipment;
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9 | (7) home health services;
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10 | (8) electronic home response;
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11 | (9) brain injury behavioral/cognitive services;
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12 | (10) brain injury habilitation;
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13 | (11) brain injury pre-vocational services; or
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14 | (12) brain injury supported employment.
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15 | The Department shall establish eligibility
standards for | ||||||
16 | such services taking into consideration the unique
economic and | ||||||
17 | social needs of the population for whom they are to
be | ||||||
18 | provided. Such eligibility standards may be based on the | ||||||
19 | recipient's
ability to pay for services; provided, however, | ||||||
20 | that any portion of a
person's income that is equal to or less | ||||||
21 | than the "protected income" level
shall not be considered by | ||||||
22 | the Department in determining eligibility. The
"protected | ||||||
23 | income" level shall be determined by the Department, shall | ||||||
24 | never be
less than the federal poverty standard, and shall be | ||||||
25 | adjusted each year to
reflect changes in the Consumer Price | ||||||
26 | Index For All Urban Consumers as
determined by the United |
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1 | States Department of Labor. The standards must
provide that a | ||||||
2 | person may not have more than $10,000 in assets to be eligible | ||||||
3 | for the services, and the Department may increase or decrease | ||||||
4 | the asset limitation by rule. The Department may not decrease | ||||||
5 | the asset level below $10,000.
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6 | The services shall be provided, as established by the
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7 | Department by rule, to eligible persons
to prevent unnecessary | ||||||
8 | or premature institutionalization, to
the extent that the cost | ||||||
9 | of the services, together with the
other personal maintenance | ||||||
10 | expenses of the persons, are reasonably
related to the | ||||||
11 | standards established for care in a group facility
appropriate | ||||||
12 | to their condition. These non-institutional
services, pilot | ||||||
13 | projects or experimental facilities may be provided as part of
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14 | or in addition to those authorized by federal law or those | ||||||
15 | funded and
administered by the Illinois Department on Aging. | ||||||
16 | The Department shall set rates and fees for services in a fair | ||||||
17 | and equitable manner. Services identical to those offered by | ||||||
18 | the Department on Aging shall be paid at the same rate.
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19 | Personal assistants shall be paid at a rate negotiated
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20 | between the State and an exclusive representative of personal
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21 | assistants under a collective bargaining agreement. In no case
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22 | shall the Department pay personal assistants an hourly wage
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23 | that is less than the federal minimum wage.
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24 | Solely for the purposes of coverage under the Illinois | ||||||
25 | Public Labor
Relations
Act
(5 ILCS 315/), personal assistants | ||||||
26 | providing
services under
the Department's Home Services |
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1 | Program shall be considered to be public
employees
and the | ||||||
2 | State of Illinois shall be considered to be their employer as | ||||||
3 | of the
effective date of
this amendatory Act of the 93rd | ||||||
4 | General Assembly, but not before. Solely for the purposes of | ||||||
5 | coverage under the Illinois Public Labor Relations Act, home | ||||||
6 | care and home health workers who function as personal | ||||||
7 | assistants and individual maintenance home health workers and | ||||||
8 | who also provide services under the Department's Home Services | ||||||
9 | Program shall be considered to be public employees, no matter | ||||||
10 | whether the State provides such services through direct | ||||||
11 | fee-for-service arrangements, with the assistance of a managed | ||||||
12 | care organization or other intermediary, or otherwise, and the | ||||||
13 | State of Illinois shall be considered to be the employer of | ||||||
14 | those persons as of January 29, 2013 (the effective date of | ||||||
15 | Public Act 97-1158), but not before except as otherwise | ||||||
16 | provided under this subsection (f). The State
shall
engage in | ||||||
17 | collective bargaining with an exclusive representative of home | ||||||
18 | care and home health workers who function as personal | ||||||
19 | assistants and individual maintenance home health workers | ||||||
20 | working under the Home Services Program
concerning
their terms | ||||||
21 | and conditions of employment that are within the State's | ||||||
22 | control.
Nothing in
this paragraph shall be understood to limit | ||||||
23 | the right of the persons receiving
services
defined in this | ||||||
24 | Section to hire and fire
home care and home health workers who | ||||||
25 | function as personal assistants
and individual maintenance | ||||||
26 | home health workers working under the Home Services Program or |
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1 | to supervise them within the limitations set by the Home | ||||||
2 | Services Program. The
State
shall not be considered to be the | ||||||
3 | employer of
home care and home health workers who function as | ||||||
4 | personal
assistants and individual maintenance home health | ||||||
5 | workers working under the Home Services Program for any | ||||||
6 | purposes not specifically provided in Public Act 93-204 or | ||||||
7 | Public Act 97-1158, including but not limited to, purposes of | ||||||
8 | vicarious liability
in tort and
purposes of statutory | ||||||
9 | retirement or health insurance benefits. Home care and home | ||||||
10 | health workers who function as personal assistants and | ||||||
11 | individual maintenance home health workers and who also provide | ||||||
12 | services under the Department's Home Services Program shall not | ||||||
13 | be covered by the State Employees Group
Insurance Act
of 1971 | ||||||
14 | (5 ILCS 375/).
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15 | A home care consumer, as defined in Section 17.1, in the | ||||||
16 | Department's Home Services Program has the right and discretion | ||||||
17 | to select and hire a personal assistant or other individual | ||||||
18 | provider of his or her choice. A home care consumer in the | ||||||
19 | Department's Home Services Program also has the right and | ||||||
20 | discretion to determine the number of hours per week his or her | ||||||
21 | personal assistant or other individual provider may work. | ||||||
22 | Subject to the Department's authority to approve the total | ||||||
23 | monthly hours in a home care consumer's service plan, the State | ||||||
24 | of Illinois and any of its departments, including the | ||||||
25 | Department, shall not impose a limit on the number of hours per | ||||||
26 | week a personal assistant or other individual provider may work |
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1 | that is less than 55 hours per week. Subject to the | ||||||
2 | Department's authority to approve the total monthly hours in a | ||||||
3 | home care consumer's service plan, the State of Illinois and | ||||||
4 | any of its departments, including the
Department, shall not | ||||||
5 | impose any limit on the number of hours per week a personal | ||||||
6 | assistant or other individual provider may work unless the | ||||||
7 | following conditions are satisfied: | ||||||
8 | (1) As an exception to any limit imposed by the | ||||||
9 | Department, a personal assistant or other individual | ||||||
10 | provider may work and be paid for all hours worked up to at | ||||||
11 | least 66 hours per week if, subject to verification by the | ||||||
12 | Department, the personal assistant or other individual | ||||||
13 | provider works for: (i) a home care consumer receiving | ||||||
14 | services under a court-ordered service plan; (ii) a home | ||||||
15 | care consumer with a Determination of Need score of 70 or | ||||||
16 | above (or the equivalent under any new assessment tool); or | ||||||
17 | (iii) a home care consumer with an exceptional care rate. | ||||||
18 | (2) The Department shall establish an exceptions and | ||||||
19 | appeals process that permits a home care consumer to | ||||||
20 | request an exception to any limit imposed by the Department | ||||||
21 | up to a maximum of no less than 66 hours per week. | ||||||
22 | Exceptions shall be approved as appropriate to maintain | ||||||
23 | consumer independence and shall be approved, at a minimum, | ||||||
24 | under the following circumstances which must be verified by | ||||||
25 | the Department: | ||||||
26 | (A) Delayed arrival of a provider. |
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1 | (B) Sudden loss of a provider. | ||||||
2 | (C) Unexpected illness of a provider. | ||||||
3 | (D) Extraordinary circumstances justified by the | ||||||
4 | health and safety issues of the home care consumer. | ||||||
5 | The exceptions and appeals process shall also permit a | ||||||
6 | home care consumer to apply to be pre-approved for the use | ||||||
7 | of a personal assistant or other individual provider for | ||||||
8 | hours worked above the weekly maximum. Such pre-approval | ||||||
9 | shall last for not less than one year from the date of the | ||||||
10 | approval. Additionally, the exceptions and appeals process | ||||||
11 | shall permit a home care consumer to apply after the fact | ||||||
12 | for the approval of the prior use of a personal assistant | ||||||
13 | or other individual provider who worked up to a maximum of | ||||||
14 | no less than 66 hours per week. | ||||||
15 | (3) Notwithstanding any limit imposed by the | ||||||
16 | Department on the number of hours per week a home care | ||||||
17 | consumer's personal assistant or other individual provider | ||||||
18 | may work, if the home care consumer would face a serious | ||||||
19 | risk of institutionalization, the Department shall work | ||||||
20 | with the home care consumer to ensure that appropriate care | ||||||
21 | in the community will be provided, whether through | ||||||
22 | authorized overtime or another solution. | ||||||
23 | Nothing in this subsection shall limit the Department's | ||||||
24 | authority under any other statute to disqualify an individual | ||||||
25 | from providing services in the Department's Home Services | ||||||
26 | Program for reasons other than the number of weekly hours |
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1 | worked by the individual. | ||||||
2 | The Department shall execute, relative to nursing home | ||||||
3 | prescreening, as authorized by Section 4.03 of the Illinois Act | ||||||
4 | on the Aging,
written inter-agency agreements with the | ||||||
5 | Department on Aging and
the Department of Healthcare and Family | ||||||
6 | Services, to effect the intake procedures
and eligibility | ||||||
7 | criteria for those persons who may need long term care. On and | ||||||
8 | after July 1, 1996, all nursing
home prescreenings for | ||||||
9 | individuals 18 through 59 years of age shall be
conducted by | ||||||
10 | the Department, or a designee of the
Department.
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11 | The Department is authorized to establish a system of | ||||||
12 | recipient cost-sharing
for services provided under this | ||||||
13 | Section. The cost-sharing shall be based upon
the recipient's | ||||||
14 | ability to pay for services, but in no case shall the
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15 | recipient's share exceed the actual cost of the services | ||||||
16 | provided. Protected
income shall not be considered by the | ||||||
17 | Department in its determination of the
recipient's ability to | ||||||
18 | pay a share of the cost of services. The level of
cost-sharing | ||||||
19 | shall be adjusted each year to reflect changes in the | ||||||
20 | "protected
income" level. The Department shall deduct from the | ||||||
21 | recipient's share of the
cost of services any money expended by | ||||||
22 | the recipient for disability-related
expenses.
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23 | To the extent permitted under the federal Social Security | ||||||
24 | Act, the Department, or the Department's authorized | ||||||
25 | representative, may recover
the amount of moneys expended for | ||||||
26 | services provided to or in behalf of a person
under this |
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1 | Section by a claim against the person's estate or against the | ||||||
2 | estate
of the person's surviving spouse, but no recovery may be | ||||||
3 | had until after the
death of the surviving spouse, if any, and | ||||||
4 | then only at such time when there is
no surviving child who is | ||||||
5 | under age 21 or blind or who has a permanent and total | ||||||
6 | disability. This paragraph, however, shall not bar recovery, at | ||||||
7 | the death of the
person, of moneys for services provided to the | ||||||
8 | person or in behalf of the
person under this Section to which | ||||||
9 | the person was not entitled; provided that
such recovery shall | ||||||
10 | not be enforced against any real estate while
it is occupied as | ||||||
11 | a homestead by the surviving spouse or other dependent, if no
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12 | claims by other creditors have been filed against the estate, | ||||||
13 | or, if such
claims have been filed, they remain dormant for | ||||||
14 | failure of prosecution or
failure of the claimant to compel | ||||||
15 | administration of the estate for the purpose
of payment. This | ||||||
16 | paragraph shall not bar recovery from the estate of a spouse,
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17 | under Sections 1915 and 1924 of the Social Security Act and | ||||||
18 | Section 5-4 of the
Illinois Public Aid Code, who precedes a | ||||||
19 | person receiving services under this
Section in death. All | ||||||
20 | moneys for services
paid to or in behalf of the person under | ||||||
21 | this Section shall be claimed for
recovery from the deceased | ||||||
22 | spouse's estate. "Homestead", as used in this
paragraph, means | ||||||
23 | the dwelling house and
contiguous real estate occupied by a | ||||||
24 | surviving spouse or relative, as defined
by the rules and | ||||||
25 | regulations of the Department of Healthcare and Family | ||||||
26 | Services,
regardless of the value of the property.
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1 | The Department shall submit an annual report on programs | ||||||
2 | and
services provided under this Section. The report shall be | ||||||
3 | filed
with the Governor and the General Assembly on or before | ||||||
4 | March
30
each year.
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5 | The requirement for reporting to the General Assembly shall | ||||||
6 | be satisfied
by filing copies of the report with the Speaker, | ||||||
7 | the Minority Leader and
the Clerk of the House of | ||||||
8 | Representatives and the President, the Minority
Leader and the | ||||||
9 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
10 | required by Section 3.1 of the General Assembly Organization | ||||||
11 | Act, and filing
additional copies with the State
Government | ||||||
12 | Report Distribution Center for the General Assembly as
required | ||||||
13 | under paragraph (t) of Section 7 of the State Library Act.
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14 | (g) To establish such subdivisions of the Department
as | ||||||
15 | shall be desirable and assign to the various subdivisions the
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16 | responsibilities and duties placed upon the Department by law.
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17 | (h) To cooperate and enter into any necessary agreements | ||||||
18 | with the
Department of Employment Security for the provision of | ||||||
19 | job placement and
job referral services to clients of the | ||||||
20 | Department, including job
service registration of such clients | ||||||
21 | with Illinois Employment Security
offices and making job | ||||||
22 | listings maintained by the Department of Employment
Security | ||||||
23 | available to such clients.
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24 | (i) To possess all powers reasonable and necessary for
the | ||||||
25 | exercise and administration of the powers, duties and
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26 | responsibilities of the Department which are provided for by |
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1 | law.
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2 | (j) (Blank).
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3 | (k) (Blank).
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4 | (l) To establish, operate and maintain a Statewide Housing | ||||||
5 | Clearinghouse
of information on available, government | ||||||
6 | subsidized housing accessible to
persons with disabilities and | ||||||
7 | available privately owned housing accessible to
persons with | ||||||
8 | disabilities. The information shall include but not be limited | ||||||
9 | to the
location, rental requirements, access features and | ||||||
10 | proximity to public
transportation of available housing. The | ||||||
11 | Clearinghouse shall consist
of at least a computerized database | ||||||
12 | for the storage and retrieval of
information and a separate or | ||||||
13 | shared toll free telephone number for use by
those seeking | ||||||
14 | information from the Clearinghouse. Department offices and
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15 | personnel throughout the State shall also assist in the | ||||||
16 | operation of the
Statewide Housing Clearinghouse. Cooperation | ||||||
17 | with local, State and federal
housing managers shall be sought | ||||||
18 | and extended in order to frequently and
promptly update the | ||||||
19 | Clearinghouse's information.
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20 | (m) To assure that the names and case records of persons | ||||||
21 | who received or
are
receiving services from the Department, | ||||||
22 | including persons receiving vocational
rehabilitation, home | ||||||
23 | services, or other services, and those attending one of
the | ||||||
24 | Department's schools or other supervised facility shall be | ||||||
25 | confidential and
not be open to the general public. Those case | ||||||
26 | records and reports or the
information contained in those |
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1 | records and reports shall be disclosed by the
Director only to | ||||||
2 | proper law enforcement officials, individuals authorized by a
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3 | court, the General Assembly or any committee or commission of | ||||||
4 | the General
Assembly, and other persons and for reasons as the | ||||||
5 | Director designates by rule.
Disclosure by the Director may be | ||||||
6 | only in accordance with other applicable
law.
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7 | (Source: P.A. 98-1004, eff. 8-18-14; 99-143, eff. 7-27-15.)".
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