Bill Text: IL SB2178 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Creates the Budget Management and Control Act. Provides that for State fiscal years 2017, 2018, and 2019, the Governor shall have the authority to transfer amounts from any fund held by the Treasurer to any general fund held by the Treasurer, with certain exceptions. Limits the total amount of transfers made to $1 billion through fiscal year 2019. Provides the Governor with the authority to modify any statute or rule establishing rates, benefits, or eligibility criteria for payments made by an agency to providers of services of medical assistance under Title XIX or Title XXI of the federal Social Security Act to achieve program savings of up to 5% for fiscal year 2018. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Amends the Illinois Public Labor Relations Act. Provides that design, implementation, and administration of certain health insurance plans is not subject to collective bargaining. Amends the State Employees Group Insurance Act of 1971. Provides that the level of premium contributions for health insurance plans is subject to collective bargaining. Amends the Illinois Public Aid Code to make conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2019-01-09 - Session Sine Die [SB2178 Detail]
Download: Illinois-2017-SB2178-Introduced.html
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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Budget | ||||||||||||||||||||||||||||||||||||
5 | Management and Control Act.
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6 | Section 5. Legislative intent. The State is currently | ||||||||||||||||||||||||||||||||||||
7 | confronted with an unprecedented fiscal crisis. Although the | ||||||||||||||||||||||||||||||||||||
8 | Constitution of the State of Illinois requires that spending | ||||||||||||||||||||||||||||||||||||
9 | not exceed available revenues, the State is currently spending | ||||||||||||||||||||||||||||||||||||
10 | in excess of estimated revenues during fiscal year 2017, which | ||||||||||||||||||||||||||||||||||||
11 | is significantly increasing the backlog of unpaid bills. | ||||||||||||||||||||||||||||||||||||
12 | Without substantial corrective action taken by the General | ||||||||||||||||||||||||||||||||||||
13 | Assembly, future fiscal years' budgets will also be unbalanced. | ||||||||||||||||||||||||||||||||||||
14 | This Act is to be liberally construed and interpreted in a | ||||||||||||||||||||||||||||||||||||
15 | manner that allows the State to address the fiscal crisis.
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16 | Section 10. Definitions. As used in this Act, "agency" | ||||||||||||||||||||||||||||||||||||
17 | means the Department on Aging, the Department of Children and | ||||||||||||||||||||||||||||||||||||
18 | Family Services, the Department of Healthcare and Family | ||||||||||||||||||||||||||||||||||||
19 | Services, and the Department of Human Services.
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20 | Section 20. Funds transfers. Notwithstanding any other | ||||||||||||||||||||||||||||||||||||
21 | provision of law, for the State's fiscal years 2017, 2018, and |
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1 | 2019, at the direction of and upon notification from the | ||||||
2 | Governor, the Comptroller shall direct and the Treasurer shall | ||||||
3 | transfer an amount specified by the Governor from any fund held | ||||||
4 | by the Treasurer to any general fund held by the Treasurer; | ||||||
5 | provided, however, that no transfer may be made out of: (i) any | ||||||
6 | federal trust fund; (ii) any amount set aside for payment of | ||||||
7 | debt service; (iii) amounts held in investments or cash by the | ||||||
8 | State retirement systems governed by Articles 2, 14, 15, 16, or | ||||||
9 | 18 of the Illinois Pension Code; (iv) the Road Fund; or (v) | ||||||
10 | funds administered or used solely by the General Assembly, | ||||||
11 | judicial branch, Treasurer, Comptroller, or Secretary of | ||||||
12 | State. The total amount of transfers made under this Section | ||||||
13 | shall not exceed $1 billion through the end of fiscal year | ||||||
14 | 2019. | ||||||
15 | No transfer made pursuant to this Section may reduce the | ||||||
16 | cumulative balance of all of the funds held by the Treasurer to | ||||||
17 | an amount less than the total debt service payable during the | ||||||
18 | 12 months immediately following the date of the transfer on any | ||||||
19 | bonded indebtedness of the State and any certificates issued | ||||||
20 | under the Short Term Borrowing Act. If the Director of the | ||||||
21 | Governor's Office of Management and Budget determines that any | ||||||
22 | transfer to the general funds from any of the funds from which | ||||||
23 | moneys have been transferred under this Section either (i) | ||||||
24 | jeopardizes federal funding based on a written communication | ||||||
25 | from a federal official or (ii) violates an order of a court of | ||||||
26 | competent jurisdiction, then the Director may order the |
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1 | Treasurer and Comptroller, in writing, to transfer from the | ||||||
2 | General Revenue Fund to that fund all or part of the amounts | ||||||
3 | transferred from that fund under this Section.
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4 | Section 25. Medical Assistance Program modifications. | ||||||
5 | Notwithstanding any other provision of law, the Governor may | ||||||
6 | modify any statute or rule establishing rates, benefits, or | ||||||
7 | eligibility criteria for payments made by an agency to | ||||||
8 | providers of services of medical assistance under Title XIX or | ||||||
9 | Title XXI of the federal Social Security Act to achieve program | ||||||
10 | savings of up to 5% of spending on Medicaid Title XIX or Title | ||||||
11 | XXI programs for fiscal year 2018 as estimated by the | ||||||
12 | Governor's Office of Management and Budget.
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13 | Section 30. Limitations; notice.
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14 | (a) The sum of transfers made pursuant to Section 20 and | ||||||
15 | savings to be realized by the State due to modifications | ||||||
16 | pursuant to Section 25 shall not exceed for each fiscal year | ||||||
17 | the amount by which total State spending for that fiscal year | ||||||
18 | is estimated to exceed available revenues for that fiscal year, | ||||||
19 | as determined by the Governor's Office of Management and | ||||||
20 | Budget. | ||||||
21 | (b) The Governor shall provide notice of each transfer made | ||||||
22 | pursuant to Section 20 and modification pursuant to Section 25 | ||||||
23 | within 10 business days after the action is taken to the Clerk | ||||||
24 | of the House of Representatives, the Secretary of the Senate, |
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1 | the Commission on Government Forecasting and Accountability, | ||||||
2 | the Comptroller, and the Treasurer. A copy of such notices, or | ||||||
3 | a cumulative summary of the actions taken, shall be posted on a | ||||||
4 | public website maintained by the Governor's Office of | ||||||
5 | Management and Budget.
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6 | Section 40. Emergency rules. Notwithstanding any other | ||||||
7 | provision of law, an agency may adopt emergency rules pursuant | ||||||
8 | to subsection (y) of Section 5-45 of the Illinois | ||||||
9 | Administrative Procedure Act to limit, reduce, or adjust | ||||||
10 | services, payment rates, expenditures, transfers of funds, and | ||||||
11 | eligibility criteria, to the extent permitted by federal law, | ||||||
12 | as necessary to implement (i) any transfer of balances pursuant | ||||||
13 | to Section 20 affecting State funds designated for use by the | ||||||
14 | agency or (ii) modifications made by the Governor pursuant to | ||||||
15 | Section 25. Nothing in this Section shall require rulemaking if | ||||||
16 | the limitation, reduction, or adjustment would otherwise be | ||||||
17 | within the authority of the agency without rulemaking.
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18 | Section 105. The Illinois Administrative Procedure Act is | ||||||
19 | amended by changing Section 5-45 as follows:
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20 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||
21 | (Text of Section before amendment by P.A. 99-906 ) | ||||||
22 | Sec. 5-45. Emergency rulemaking. | ||||||
23 | (a) "Emergency" means the existence of any situation that |
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1 | any agency
finds reasonably constitutes a threat to the public | ||||||
2 | interest, safety, or
welfare. | ||||||
3 | (b) If any agency finds that an
emergency exists that | ||||||
4 | requires adoption of a rule upon fewer days than
is required by | ||||||
5 | Section 5-40 and states in writing its reasons for that
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6 | finding, the agency may adopt an emergency rule without prior | ||||||
7 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
8 | with the Secretary of
State under Section 5-70. The notice | ||||||
9 | shall include the text of the
emergency rule and shall be | ||||||
10 | published in the Illinois Register. Consent
orders or other | ||||||
11 | court orders adopting settlements negotiated by an agency
may | ||||||
12 | be adopted under this Section. Subject to applicable | ||||||
13 | constitutional or
statutory provisions, an emergency rule | ||||||
14 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
15 | at a stated date less than 10 days
thereafter. The agency's | ||||||
16 | finding and a statement of the specific reasons
for the finding | ||||||
17 | shall be filed with the rule. The agency shall take
reasonable | ||||||
18 | and appropriate measures to make emergency rules known to the
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19 | persons who may be affected by them. | ||||||
20 | (c) An emergency rule may be effective for a period of not | ||||||
21 | longer than
150 days, but the agency's authority to adopt an | ||||||
22 | identical rule under Section
5-40 is not precluded. No | ||||||
23 | emergency rule may be adopted more
than once in any 24-month 24 | ||||||
24 | month period, except that this limitation on the number
of | ||||||
25 | emergency rules that may be adopted in a 24-month 24 month | ||||||
26 | period does not apply
to (i) emergency rules that make |
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1 | additions to and deletions from the Drug
Manual under Section | ||||||
2 | 5-5.16 of the Illinois Public Aid Code or the
generic drug | ||||||
3 | formulary under Section 3.14 of the Illinois Food, Drug
and | ||||||
4 | Cosmetic Act, (ii) emergency rules adopted by the Pollution | ||||||
5 | Control
Board before July 1, 1997 to implement portions of the | ||||||
6 | Livestock Management
Facilities Act, (iii) emergency rules | ||||||
7 | adopted by the Illinois Department of Public Health under | ||||||
8 | subsections (a) through (i) of Section 2 of the Department of | ||||||
9 | Public Health Act when necessary to protect the public's | ||||||
10 | health, (iv) emergency rules adopted pursuant to subsection (n) | ||||||
11 | of this Section, (v) emergency rules adopted pursuant to | ||||||
12 | subsection (o) of this Section, or (vi) emergency rules adopted | ||||||
13 | pursuant to subsection (c-5) of this Section , or (vii) | ||||||
14 | emergency rules adopted pursuant to subsection (y) of this | ||||||
15 | Section . Two or more emergency rules having substantially the | ||||||
16 | same
purpose and effect shall be deemed to be a single rule for | ||||||
17 | purposes of this
Section. | ||||||
18 | (c-5) To facilitate the maintenance of the program of group | ||||||
19 | health benefits provided to annuitants, survivors, and retired | ||||||
20 | employees under the State Employees Group Insurance Act of | ||||||
21 | 1971, rules to alter the contributions to be paid by the State, | ||||||
22 | annuitants, survivors, retired employees, or any combination | ||||||
23 | of those entities, for that program of group health benefits, | ||||||
24 | shall be adopted as emergency rules. The adoption of those | ||||||
25 | rules shall be considered an emergency and necessary for the | ||||||
26 | public interest, safety, and welfare. |
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1 | (d) In order to provide for the expeditious and timely | ||||||
2 | implementation
of the State's fiscal year 1999 budget, | ||||||
3 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
4 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
5 | may be adopted in
accordance with this Section by the agency | ||||||
6 | charged with administering that
provision or initiative, | ||||||
7 | except that the 24-month limitation on the adoption
of | ||||||
8 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
9 | do not apply
to rules adopted under this subsection (d). The | ||||||
10 | adoption of emergency rules
authorized by this subsection (d) | ||||||
11 | shall be deemed to be necessary for the
public interest, | ||||||
12 | safety, and welfare. | ||||||
13 | (e) In order to provide for the expeditious and timely | ||||||
14 | implementation
of the State's fiscal year 2000 budget, | ||||||
15 | emergency rules to implement any
provision of Public Act 91-24
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16 | or any other budget initiative for fiscal year 2000 may be | ||||||
17 | adopted in
accordance with this Section by the agency charged | ||||||
18 | with administering that
provision or initiative, except that | ||||||
19 | the 24-month limitation on the adoption
of emergency rules and | ||||||
20 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
21 | rules adopted under this subsection (e). The adoption of | ||||||
22 | emergency rules
authorized by this subsection (e) shall be | ||||||
23 | deemed to be necessary for the
public interest, safety, and | ||||||
24 | welfare. | ||||||
25 | (f) In order to provide for the expeditious and timely | ||||||
26 | implementation
of the State's fiscal year 2001 budget, |
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1 | emergency rules to implement any
provision of Public Act 91-712
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2 | or any other budget initiative for fiscal year 2001 may be | ||||||
3 | adopted in
accordance with this Section by the agency charged | ||||||
4 | with administering that
provision or initiative, except that | ||||||
5 | the 24-month limitation on the adoption
of emergency rules and | ||||||
6 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
7 | rules adopted under this subsection (f). The adoption of | ||||||
8 | emergency rules
authorized by this subsection (f) shall be | ||||||
9 | deemed to be necessary for the
public interest, safety, and | ||||||
10 | welfare. | ||||||
11 | (g) In order to provide for the expeditious and timely | ||||||
12 | implementation
of the State's fiscal year 2002 budget, | ||||||
13 | emergency rules to implement any
provision of Public Act 92-10
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14 | or any other budget initiative for fiscal year 2002 may be | ||||||
15 | adopted in
accordance with this Section by the agency charged | ||||||
16 | with administering that
provision or initiative, except that | ||||||
17 | the 24-month limitation on the adoption
of emergency rules and | ||||||
18 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
19 | rules adopted under this subsection (g). The adoption of | ||||||
20 | emergency rules
authorized by this subsection (g) shall be | ||||||
21 | deemed to be necessary for the
public interest, safety, and | ||||||
22 | welfare. | ||||||
23 | (h) In order to provide for the expeditious and timely | ||||||
24 | implementation
of the State's fiscal year 2003 budget, | ||||||
25 | emergency rules to implement any
provision of Public Act 92-597
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26 | or any other budget initiative for fiscal year 2003 may be |
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1 | adopted in
accordance with this Section by the agency charged | ||||||
2 | with administering that
provision or initiative, except that | ||||||
3 | the 24-month limitation on the adoption
of emergency rules and | ||||||
4 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
5 | rules adopted under this subsection (h). The adoption of | ||||||
6 | emergency rules
authorized by this subsection (h) shall be | ||||||
7 | deemed to be necessary for the
public interest, safety, and | ||||||
8 | welfare. | ||||||
9 | (i) In order to provide for the expeditious and timely | ||||||
10 | implementation
of the State's fiscal year 2004 budget, | ||||||
11 | emergency rules to implement any
provision of Public Act 93-20
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12 | or any other budget initiative for fiscal year 2004 may be | ||||||
13 | adopted in
accordance with this Section by the agency charged | ||||||
14 | with administering that
provision or initiative, except that | ||||||
15 | the 24-month limitation on the adoption
of emergency rules and | ||||||
16 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
17 | rules adopted under this subsection (i). The adoption of | ||||||
18 | emergency rules
authorized by this subsection (i) shall be | ||||||
19 | deemed to be necessary for the
public interest, safety, and | ||||||
20 | welfare. | ||||||
21 | (j) In order to provide for the expeditious and timely | ||||||
22 | implementation of the provisions of the State's fiscal year | ||||||
23 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
24 | Implementation (Human Services) Act, emergency rules to | ||||||
25 | implement any provision of the Fiscal Year 2005 Budget | ||||||
26 | Implementation (Human Services) Act may be adopted in |
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1 | accordance with this Section by the agency charged with | ||||||
2 | administering that provision, except that the 24-month | ||||||
3 | limitation on the adoption of emergency rules and the | ||||||
4 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
5 | adopted under this subsection (j). The Department of Public Aid | ||||||
6 | may also adopt rules under this subsection (j) necessary to | ||||||
7 | administer the Illinois Public Aid Code and the Children's | ||||||
8 | Health Insurance Program Act. The adoption of emergency rules | ||||||
9 | authorized by this subsection (j) shall be deemed to be | ||||||
10 | necessary for the public interest, safety, and welfare.
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11 | (k) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of the State's fiscal year | ||||||
13 | 2006 budget, emergency rules to implement any provision of | ||||||
14 | Public Act 94-48 or any other budget initiative for fiscal year | ||||||
15 | 2006 may be adopted in accordance with this Section by the | ||||||
16 | agency charged with administering that provision or | ||||||
17 | initiative, except that the 24-month limitation on the adoption | ||||||
18 | of emergency rules and the provisions of Sections 5-115 and | ||||||
19 | 5-125 do not apply to rules adopted under this subsection (k). | ||||||
20 | The Department of Healthcare and Family Services may also adopt | ||||||
21 | rules under this subsection (k) necessary to administer the | ||||||
22 | Illinois Public Aid Code, the Senior Citizens and Persons with | ||||||
23 | Disabilities Property Tax Relief Act, the Senior Citizens and | ||||||
24 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
25 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
26 | Children's Health Insurance Program Act. The adoption of |
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1 | emergency rules authorized by this subsection (k) shall be | ||||||
2 | deemed to be necessary for the public interest, safety, and | ||||||
3 | welfare.
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4 | (l) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of the
State's fiscal year | ||||||
6 | 2007 budget, the Department of Healthcare and Family Services | ||||||
7 | may adopt emergency rules during fiscal year 2007, including | ||||||
8 | rules effective July 1, 2007, in
accordance with this | ||||||
9 | subsection to the extent necessary to administer the | ||||||
10 | Department's responsibilities with respect to amendments to | ||||||
11 | the State plans and Illinois waivers approved by the federal | ||||||
12 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
13 | requirements of Title XIX and Title XXI of the federal Social | ||||||
14 | Security Act. The adoption of emergency rules
authorized by | ||||||
15 | this subsection (l) shall be deemed to be necessary for the | ||||||
16 | public interest,
safety, and welfare.
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17 | (m) In order to provide for the expeditious and timely | ||||||
18 | implementation of the provisions of the
State's fiscal year | ||||||
19 | 2008 budget, the Department of Healthcare and Family Services | ||||||
20 | may adopt emergency rules during fiscal year 2008, including | ||||||
21 | rules effective July 1, 2008, in
accordance with this | ||||||
22 | subsection to the extent necessary to administer the | ||||||
23 | Department's responsibilities with respect to amendments to | ||||||
24 | the State plans and Illinois waivers approved by the federal | ||||||
25 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
26 | requirements of Title XIX and Title XXI of the federal Social |
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1 | Security Act. The adoption of emergency rules
authorized by | ||||||
2 | this subsection (m) shall be deemed to be necessary for the | ||||||
3 | public interest,
safety, and welfare.
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4 | (n) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of the State's fiscal year | ||||||
6 | 2010 budget, emergency rules to implement any provision of | ||||||
7 | Public Act 96-45 or any other budget initiative authorized by | ||||||
8 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
9 | in accordance with this Section by the agency charged with | ||||||
10 | administering that provision or initiative. The adoption of | ||||||
11 | emergency rules authorized by this subsection (n) shall be | ||||||
12 | deemed to be necessary for the public interest, safety, and | ||||||
13 | welfare. The rulemaking authority granted in this subsection | ||||||
14 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
15 | 2010. | ||||||
16 | (o) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of the State's fiscal year | ||||||
18 | 2011 budget, emergency rules to implement any provision of | ||||||
19 | Public Act 96-958 or any other budget initiative authorized by | ||||||
20 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
21 | in accordance with this Section by the agency charged with | ||||||
22 | administering that provision or initiative. The adoption of | ||||||
23 | emergency rules authorized by this subsection (o) is deemed to | ||||||
24 | be necessary for the public interest, safety, and welfare. The | ||||||
25 | rulemaking authority granted in this subsection (o) applies | ||||||
26 | only to rules promulgated on or after July 1, 2010 ( the |
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1 | effective date of Public Act 96-958 ) through June 30, 2011. | ||||||
2 | (p) In order to provide for the expeditious and timely | ||||||
3 | implementation of the provisions of Public Act 97-689, | ||||||
4 | emergency rules to implement any provision of Public Act 97-689 | ||||||
5 | may be adopted in accordance with this subsection (p) by the | ||||||
6 | agency charged with administering that provision or | ||||||
7 | initiative. The 150-day limitation of the effective period of | ||||||
8 | emergency rules does not apply to rules adopted under this | ||||||
9 | subsection (p), and the effective period may continue through | ||||||
10 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
11 | emergency rules does not apply to rules adopted under this | ||||||
12 | subsection (p). The adoption of emergency rules authorized by | ||||||
13 | this subsection (p) is deemed to be necessary for the public | ||||||
14 | interest, safety, and welfare. | ||||||
15 | (q) In order to provide for the expeditious and timely | ||||||
16 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
17 | 12 of Public Act 98-104, emergency rules to implement any | ||||||
18 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
19 | may be adopted in accordance with this subsection (q) by the | ||||||
20 | agency charged with administering that provision or | ||||||
21 | initiative. The 24-month limitation on the adoption of | ||||||
22 | emergency rules does not apply to rules adopted under this | ||||||
23 | subsection (q). The adoption of emergency rules authorized by | ||||||
24 | this subsection (q) is deemed to be necessary for the public | ||||||
25 | interest, safety, and welfare. | ||||||
26 | (r) In order to provide for the expeditious and timely |
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1 | implementation of the provisions of Public Act 98-651, | ||||||
2 | emergency rules to implement Public Act 98-651 may be adopted | ||||||
3 | in accordance with this subsection (r) by the Department of | ||||||
4 | Healthcare and Family Services. The 24-month limitation on the | ||||||
5 | adoption of emergency rules does not apply to rules adopted | ||||||
6 | under this subsection (r). The adoption of emergency rules | ||||||
7 | authorized by this subsection (r) is deemed to be necessary for | ||||||
8 | the public interest, safety, and welfare. | ||||||
9 | (s) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
11 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
12 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
13 | Public Aid Code may be adopted in accordance with this | ||||||
14 | subsection (s) by the Department of Healthcare and Family | ||||||
15 | Services. The rulemaking authority granted in this subsection | ||||||
16 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
17 | 2015. Notwithstanding any other provision of this Section, any | ||||||
18 | emergency rule adopted under this subsection (s) shall only | ||||||
19 | apply to payments made for State fiscal year 2015. The adoption | ||||||
20 | of emergency rules authorized by this subsection (s) is deemed | ||||||
21 | to be necessary for the public interest, safety, and welfare. | ||||||
22 | (t) In order to provide for the expeditious and timely | ||||||
23 | implementation of the provisions of Article II of Public Act | ||||||
24 | 99-6, emergency rules to implement the changes made by Article | ||||||
25 | II of Public Act 99-6 to the Emergency Telephone System Act may | ||||||
26 | be adopted in accordance with this subsection (t) by the |
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1 | Department of State Police. The rulemaking authority granted in | ||||||
2 | this subsection (t) shall apply only to those rules adopted | ||||||
3 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
4 | of emergency rules does not apply to rules adopted under this | ||||||
5 | subsection (t). The adoption of emergency rules authorized by | ||||||
6 | this subsection (t) is deemed to be necessary for the public | ||||||
7 | interest, safety, and welfare. | ||||||
8 | (u) In order to provide for the expeditious and timely | ||||||
9 | implementation of the provisions of the Burn Victims Relief | ||||||
10 | Act, emergency rules to implement any provision of the Act may | ||||||
11 | be adopted in accordance with this subsection (u) by the | ||||||
12 | Department of Insurance. The rulemaking authority granted in | ||||||
13 | this subsection (u) shall apply only to those rules adopted | ||||||
14 | prior to December 31, 2015. The adoption of emergency rules | ||||||
15 | authorized by this subsection (u) is deemed to be necessary for | ||||||
16 | the public interest, safety, and welfare. | ||||||
17 | (v) In order to provide for the expeditious and timely | ||||||
18 | implementation of the provisions of Public Act 99-516 this | ||||||
19 | amendatory Act of the 99th General Assembly , emergency rules to | ||||||
20 | implement Public Act 99-516 this amendatory Act of the 99th | ||||||
21 | General Assembly may be adopted in accordance with this | ||||||
22 | subsection (v) by the Department of Healthcare and Family | ||||||
23 | Services. The 24-month limitation on the adoption of emergency | ||||||
24 | rules does not apply to rules adopted under this subsection | ||||||
25 | (v). The adoption of emergency rules authorized by this | ||||||
26 | subsection (v) is deemed to be necessary for the public |
| |||||||
| |||||||
1 | interest, safety, and welfare. | ||||||
2 | (w) (v) In order to provide for the expeditious and timely | ||||||
3 | implementation of the provisions of Public Act 99-796 this | ||||||
4 | amendatory Act of the 99th General Assembly , emergency rules to | ||||||
5 | implement the changes made by Public Act 99-796 this amendatory | ||||||
6 | Act of the 99th General Assembly may be adopted in accordance | ||||||
7 | with this subsection (w) (v) by the Adjutant General. The | ||||||
8 | adoption of emergency rules authorized by this subsection (w) | ||||||
9 | (v) is deemed to be necessary for the public interest, safety, | ||||||
10 | and welfare. | ||||||
11 | (y) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of the State's budget for | ||||||
13 | medical assistance under Title XIX or XXI of the federal Social | ||||||
14 | Security Act, emergency rules to implement any provision of | ||||||
15 | this amendatory Act of the 100th General Assembly may be | ||||||
16 | adopted in accordance with this Section by each agency as | ||||||
17 | defined in the Budget Management and Control Act. The adoption | ||||||
18 | of emergency rules authorized by this subsection (y) shall be | ||||||
19 | deemed to be necessary for the public interest, safety, and | ||||||
20 | welfare. | ||||||
21 | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | ||||||
22 | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; | ||||||
23 | 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. | ||||||
24 | 6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; revised | ||||||
25 | 9-21-16.)
|
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 99-906 ) | ||||||
2 | Sec. 5-45. Emergency rulemaking. | ||||||
3 | (a) "Emergency" means the existence of any situation that | ||||||
4 | any agency
finds reasonably constitutes a threat to the public | ||||||
5 | interest, safety, or
welfare. | ||||||
6 | (b) If any agency finds that an
emergency exists that | ||||||
7 | requires adoption of a rule upon fewer days than
is required by | ||||||
8 | Section 5-40 and states in writing its reasons for that
| ||||||
9 | finding, the agency may adopt an emergency rule without prior | ||||||
10 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
11 | with the Secretary of
State under Section 5-70. The notice | ||||||
12 | shall include the text of the
emergency rule and shall be | ||||||
13 | published in the Illinois Register. Consent
orders or other | ||||||
14 | court orders adopting settlements negotiated by an agency
may | ||||||
15 | be adopted under this Section. Subject to applicable | ||||||
16 | constitutional or
statutory provisions, an emergency rule | ||||||
17 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
18 | at a stated date less than 10 days
thereafter. The agency's | ||||||
19 | finding and a statement of the specific reasons
for the finding | ||||||
20 | shall be filed with the rule. The agency shall take
reasonable | ||||||
21 | and appropriate measures to make emergency rules known to the
| ||||||
22 | persons who may be affected by them. | ||||||
23 | (c) An emergency rule may be effective for a period of not | ||||||
24 | longer than
150 days, but the agency's authority to adopt an | ||||||
25 | identical rule under Section
5-40 is not precluded. No | ||||||
26 | emergency rule may be adopted more
than once in any 24-month |
| |||||||
| |||||||
1 | period, except that this limitation on the number
of emergency | ||||||
2 | rules that may be adopted in a 24-month period does not apply
| ||||||
3 | to (i) emergency rules that make additions to and deletions | ||||||
4 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
5 | Public Aid Code or the
generic drug formulary under Section | ||||||
6 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
7 | emergency rules adopted by the Pollution Control
Board before | ||||||
8 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
9 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
10 | Department of Public Health under subsections (a) through (i) | ||||||
11 | of Section 2 of the Department of Public Health Act when | ||||||
12 | necessary to protect the public's health, (iv) emergency rules | ||||||
13 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
14 | emergency rules adopted pursuant to subsection (o) of this | ||||||
15 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
16 | (c-5) of this Section , or (vii) emergency rules adopted | ||||||
17 | pursuant to subsection (y) of this Section . Two or more | ||||||
18 | emergency rules having substantially the same
purpose and | ||||||
19 | effect shall be deemed to be a single rule for purposes of this
| ||||||
20 | Section. | ||||||
21 | (c-5) To facilitate the maintenance of the program of group | ||||||
22 | health benefits provided to annuitants, survivors, and retired | ||||||
23 | employees under the State Employees Group Insurance Act of | ||||||
24 | 1971, rules to alter the contributions to be paid by the State, | ||||||
25 | annuitants, survivors, retired employees, or any combination | ||||||
26 | of those entities, for that program of group health benefits, |
| |||||||
| |||||||
1 | shall be adopted as emergency rules. The adoption of those | ||||||
2 | rules shall be considered an emergency and necessary for the | ||||||
3 | public interest, safety, and welfare. | ||||||
4 | (d) In order to provide for the expeditious and timely | ||||||
5 | implementation
of the State's fiscal year 1999 budget, | ||||||
6 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
7 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
8 | may be adopted in
accordance with this Section by the agency | ||||||
9 | charged with administering that
provision or initiative, | ||||||
10 | except that the 24-month limitation on the adoption
of | ||||||
11 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
12 | do not apply
to rules adopted under this subsection (d). The | ||||||
13 | adoption of emergency rules
authorized by this subsection (d) | ||||||
14 | shall be deemed to be necessary for the
public interest, | ||||||
15 | safety, and welfare. | ||||||
16 | (e) In order to provide for the expeditious and timely | ||||||
17 | implementation
of the State's fiscal year 2000 budget, | ||||||
18 | emergency rules to implement any
provision of Public Act 91-24
| ||||||
19 | or any other budget initiative for fiscal year 2000 may be | ||||||
20 | adopted in
accordance with this Section by the agency charged | ||||||
21 | with administering that
provision or initiative, except that | ||||||
22 | the 24-month limitation on the adoption
of emergency rules and | ||||||
23 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
24 | rules adopted under this subsection (e). The adoption of | ||||||
25 | emergency rules
authorized by this subsection (e) shall be | ||||||
26 | deemed to be necessary for the
public interest, safety, and |
| |||||||
| |||||||
1 | welfare. | ||||||
2 | (f) In order to provide for the expeditious and timely | ||||||
3 | implementation
of the State's fiscal year 2001 budget, | ||||||
4 | emergency rules to implement any
provision of Public Act 91-712
| ||||||
5 | or any other budget initiative for fiscal year 2001 may be | ||||||
6 | adopted in
accordance with this Section by the agency charged | ||||||
7 | with administering that
provision or initiative, except that | ||||||
8 | the 24-month limitation on the adoption
of emergency rules and | ||||||
9 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
10 | rules adopted under this subsection (f). The adoption of | ||||||
11 | emergency rules
authorized by this subsection (f) shall be | ||||||
12 | deemed to be necessary for the
public interest, safety, and | ||||||
13 | welfare. | ||||||
14 | (g) In order to provide for the expeditious and timely | ||||||
15 | implementation
of the State's fiscal year 2002 budget, | ||||||
16 | emergency rules to implement any
provision of Public Act 92-10
| ||||||
17 | or any other budget initiative for fiscal year 2002 may be | ||||||
18 | adopted in
accordance with this Section by the agency charged | ||||||
19 | with administering that
provision or initiative, except that | ||||||
20 | the 24-month limitation on the adoption
of emergency rules and | ||||||
21 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
22 | rules adopted under this subsection (g). The adoption of | ||||||
23 | emergency rules
authorized by this subsection (g) shall be | ||||||
24 | deemed to be necessary for the
public interest, safety, and | ||||||
25 | welfare. | ||||||
26 | (h) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation
of the State's fiscal year 2003 budget, | ||||||
2 | emergency rules to implement any
provision of Public Act 92-597
| ||||||
3 | or any other budget initiative for fiscal year 2003 may be | ||||||
4 | adopted in
accordance with this Section by the agency charged | ||||||
5 | with administering that
provision or initiative, except that | ||||||
6 | the 24-month limitation on the adoption
of emergency rules and | ||||||
7 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
8 | rules adopted under this subsection (h). The adoption of | ||||||
9 | emergency rules
authorized by this subsection (h) shall be | ||||||
10 | deemed to be necessary for the
public interest, safety, and | ||||||
11 | welfare. | ||||||
12 | (i) In order to provide for the expeditious and timely | ||||||
13 | implementation
of the State's fiscal year 2004 budget, | ||||||
14 | emergency rules to implement any
provision of Public Act 93-20
| ||||||
15 | or any other budget initiative for fiscal year 2004 may be | ||||||
16 | adopted in
accordance with this Section by the agency charged | ||||||
17 | with administering that
provision or initiative, except that | ||||||
18 | the 24-month limitation on the adoption
of emergency rules and | ||||||
19 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
20 | rules adopted under this subsection (i). The adoption of | ||||||
21 | emergency rules
authorized by this subsection (i) shall be | ||||||
22 | deemed to be necessary for the
public interest, safety, and | ||||||
23 | welfare. | ||||||
24 | (j) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of the State's fiscal year | ||||||
26 | 2005 budget as provided under the Fiscal Year 2005 Budget |
| |||||||
| |||||||
1 | Implementation (Human Services) Act, emergency rules to | ||||||
2 | implement any provision of the Fiscal Year 2005 Budget | ||||||
3 | Implementation (Human Services) Act may be adopted in | ||||||
4 | accordance with this Section by the agency charged with | ||||||
5 | administering that provision, 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 (j). The Department of Public Aid | ||||||
9 | may also adopt rules under this subsection (j) necessary to | ||||||
10 | administer the Illinois Public Aid Code and the Children's | ||||||
11 | Health Insurance Program Act. The adoption of emergency rules | ||||||
12 | authorized by this subsection (j) shall be deemed to be | ||||||
13 | necessary for the public interest, safety, and welfare.
| ||||||
14 | (k) In order to provide for the expeditious and timely | ||||||
15 | implementation of the provisions of the State's fiscal year | ||||||
16 | 2006 budget, emergency rules to implement any provision of | ||||||
17 | Public Act 94-48 or any other budget initiative for fiscal year | ||||||
18 | 2006 may be adopted in accordance with this Section by the | ||||||
19 | agency charged with administering that provision or | ||||||
20 | initiative, except that the 24-month limitation on the adoption | ||||||
21 | of emergency rules and the provisions of Sections 5-115 and | ||||||
22 | 5-125 do not apply to rules adopted under this subsection (k). | ||||||
23 | The Department of Healthcare and Family Services may also adopt | ||||||
24 | rules under this subsection (k) necessary to administer the | ||||||
25 | Illinois Public Aid Code, the Senior Citizens and Persons with | ||||||
26 | Disabilities Property Tax Relief Act, the Senior Citizens and |
| |||||||
| |||||||
1 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
2 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
3 | Children's Health Insurance Program Act. The adoption of | ||||||
4 | emergency rules authorized by this subsection (k) shall be | ||||||
5 | deemed to be necessary for the public interest, safety, and | ||||||
6 | welfare.
| ||||||
7 | (l) In order to provide for the expeditious and timely | ||||||
8 | implementation of the provisions of the
State's fiscal year | ||||||
9 | 2007 budget, the Department of Healthcare and Family Services | ||||||
10 | may adopt emergency rules during fiscal year 2007, including | ||||||
11 | rules effective July 1, 2007, in
accordance with this | ||||||
12 | subsection to the extent necessary to administer the | ||||||
13 | Department's responsibilities with respect to amendments to | ||||||
14 | the State plans and Illinois waivers approved by the federal | ||||||
15 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
16 | requirements of Title XIX and Title XXI of the federal Social | ||||||
17 | Security Act. The adoption of emergency rules
authorized by | ||||||
18 | this subsection (l) shall be deemed to be necessary for the | ||||||
19 | public interest,
safety, and welfare.
| ||||||
20 | (m) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of the
State's fiscal year | ||||||
22 | 2008 budget, the Department of Healthcare and Family Services | ||||||
23 | may adopt emergency rules during fiscal year 2008, including | ||||||
24 | rules effective July 1, 2008, in
accordance with this | ||||||
25 | subsection to the extent necessary to administer the | ||||||
26 | Department's responsibilities with respect to amendments to |
| |||||||
| |||||||
1 | the State plans and Illinois waivers approved by the federal | ||||||
2 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
3 | requirements of Title XIX and Title XXI of the federal Social | ||||||
4 | Security Act. The adoption of emergency rules
authorized by | ||||||
5 | this subsection (m) shall be deemed to be necessary for the | ||||||
6 | public interest,
safety, and welfare.
| ||||||
7 | (n) In order to provide for the expeditious and timely | ||||||
8 | implementation of the provisions of the State's fiscal year | ||||||
9 | 2010 budget, emergency rules to implement any provision of | ||||||
10 | Public Act 96-45 or any other budget initiative authorized by | ||||||
11 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
12 | in accordance with this Section by the agency charged with | ||||||
13 | administering that provision or initiative. The adoption of | ||||||
14 | emergency rules authorized by this subsection (n) shall be | ||||||
15 | deemed to be necessary for the public interest, safety, and | ||||||
16 | welfare. The rulemaking authority granted in this subsection | ||||||
17 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
18 | 2010. | ||||||
19 | (o) In order to provide for the expeditious and timely | ||||||
20 | implementation of the provisions of the State's fiscal year | ||||||
21 | 2011 budget, emergency rules to implement any provision of | ||||||
22 | Public Act 96-958 or any other budget initiative authorized by | ||||||
23 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
24 | in accordance with this Section by the agency charged with | ||||||
25 | administering that provision or initiative. The adoption of | ||||||
26 | emergency rules authorized by this subsection (o) is deemed to |
| |||||||
| |||||||
1 | be necessary for the public interest, safety, and welfare. The | ||||||
2 | rulemaking authority granted in this subsection (o) applies | ||||||
3 | only to rules promulgated on or after July 1, 2010 (the | ||||||
4 | effective date of Public Act 96-958) through June 30, 2011. | ||||||
5 | (p) In order to provide for the expeditious and timely | ||||||
6 | implementation of the provisions of Public Act 97-689, | ||||||
7 | emergency rules to implement any provision of Public Act 97-689 | ||||||
8 | may be adopted in accordance with this subsection (p) by the | ||||||
9 | agency charged with administering that provision or | ||||||
10 | initiative. The 150-day limitation of the effective period of | ||||||
11 | emergency rules does not apply to rules adopted under this | ||||||
12 | subsection (p), and the effective period may continue through | ||||||
13 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
14 | emergency rules does not apply to rules adopted under this | ||||||
15 | subsection (p). The adoption of emergency rules authorized by | ||||||
16 | this subsection (p) is deemed to be necessary for the public | ||||||
17 | interest, safety, and welfare. | ||||||
18 | (q) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
20 | 12 of Public Act 98-104, emergency rules to implement any | ||||||
21 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
22 | may be adopted in accordance with this subsection (q) by the | ||||||
23 | agency charged with administering that provision or | ||||||
24 | initiative. The 24-month limitation on the adoption of | ||||||
25 | emergency rules does not apply to rules adopted under this | ||||||
26 | subsection (q). The adoption of emergency rules authorized by |
| |||||||
| |||||||
1 | this subsection (q) is deemed to be necessary for the public | ||||||
2 | interest, safety, and welfare. | ||||||
3 | (r) In order to provide for the expeditious and timely | ||||||
4 | implementation of the provisions of Public Act 98-651, | ||||||
5 | emergency rules to implement Public Act 98-651 may be adopted | ||||||
6 | in accordance with this subsection (r) by the Department of | ||||||
7 | Healthcare and Family Services. The 24-month limitation on the | ||||||
8 | adoption of emergency rules does not apply to rules adopted | ||||||
9 | under this subsection (r). The adoption of emergency rules | ||||||
10 | authorized by this subsection (r) is deemed to be necessary for | ||||||
11 | the public interest, safety, and welfare. | ||||||
12 | (s) In order to provide for the expeditious and timely | ||||||
13 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
14 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
15 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
16 | Public Aid Code may be adopted in accordance with this | ||||||
17 | subsection (s) by the Department of Healthcare and Family | ||||||
18 | Services. The rulemaking authority granted in this subsection | ||||||
19 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
20 | 2015. Notwithstanding any other provision of this Section, any | ||||||
21 | emergency rule adopted under this subsection (s) shall only | ||||||
22 | apply to payments made for State fiscal year 2015. The adoption | ||||||
23 | of emergency rules authorized by this subsection (s) is deemed | ||||||
24 | to be necessary for the public interest, safety, and welfare. | ||||||
25 | (t) In order to provide for the expeditious and timely | ||||||
26 | implementation of the provisions of Article II of Public Act |
| |||||||
| |||||||
1 | 99-6, emergency rules to implement the changes made by Article | ||||||
2 | II of Public Act 99-6 to the Emergency Telephone System Act may | ||||||
3 | be adopted in accordance with this subsection (t) by the | ||||||
4 | Department of State Police. The rulemaking authority granted in | ||||||
5 | this subsection (t) shall apply only to those rules adopted | ||||||
6 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
7 | of emergency rules does not apply to rules adopted under this | ||||||
8 | subsection (t). The adoption of emergency rules authorized by | ||||||
9 | this subsection (t) is deemed to be necessary for the public | ||||||
10 | interest, safety, and welfare. | ||||||
11 | (u) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of the Burn Victims Relief | ||||||
13 | Act, emergency rules to implement any provision of the Act may | ||||||
14 | be adopted in accordance with this subsection (u) by the | ||||||
15 | Department of Insurance. The rulemaking authority granted in | ||||||
16 | this subsection (u) shall apply only to those rules adopted | ||||||
17 | prior to December 31, 2015. The adoption of emergency rules | ||||||
18 | authorized by this subsection (u) is deemed to be necessary for | ||||||
19 | the public interest, safety, and welfare. | ||||||
20 | (v) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of Public Act 99-516, | ||||||
22 | emergency rules to implement Public Act 99-516 may be adopted | ||||||
23 | in accordance with this subsection (v) 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 (v). The adoption of emergency rules |
| |||||||
| |||||||
1 | authorized by this subsection (v) is deemed to be necessary for | ||||||
2 | the public interest, safety, and welfare. | ||||||
3 | (w) In order to provide for the expeditious and timely | ||||||
4 | implementation of the provisions of Public Act 99-796, | ||||||
5 | emergency rules to implement the changes made by Public Act | ||||||
6 | 99-796 may be adopted in accordance with this subsection (w) by | ||||||
7 | the Adjutant General. The adoption of emergency rules | ||||||
8 | authorized by this subsection (w) is deemed to be necessary for | ||||||
9 | the public interest, safety, and welfare. | ||||||
10 | (x) In order to provide for the expeditious and timely | ||||||
11 | implementation of the provisions of Public Act 99-906 this | ||||||
12 | amendatory Act of the 99th General Assembly , emergency rules to | ||||||
13 | implement subsection (i) of Section 16-115D, subsection (g) of | ||||||
14 | Section 16-128A, and subsection (a) of Section 16-128B of the | ||||||
15 | Public Utilities Act may be adopted in accordance with this | ||||||
16 | subsection (x) by the Illinois Commerce Commission. The | ||||||
17 | rulemaking authority granted in this subsection (x) shall apply | ||||||
18 | only to those rules adopted within 180 days after June 1, 2017 | ||||||
19 | ( the effective date of Public Act 99-906) this amendatory Act | ||||||
20 | of the 99th General Assembly . The adoption of emergency rules | ||||||
21 | authorized by this subsection (x) is deemed to be necessary for | ||||||
22 | the public interest, safety, and welfare. | ||||||
23 | (y) In order to provide for the expeditious and timely | ||||||
24 | implementation of the provisions of the State's budget for | ||||||
25 | medical assistance under Title XIX or XXI of the federal Social | ||||||
26 | Security Act, emergency rules to implement any provision of |
| |||||||
| |||||||
1 | this amendatory Act of the 100th General Assembly may be | ||||||
2 | adopted in accordance with this Section by each agency as | ||||||
3 | defined in the Budget Management and Control Act. The adoption | ||||||
4 | of emergency rules authorized by this subsection (y) shall be | ||||||
5 | deemed to be necessary for the public interest, safety, and | ||||||
6 | welfare. | ||||||
7 | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | ||||||
8 | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; | ||||||
9 | 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. | ||||||
10 | 6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, | ||||||
11 | eff. 6-1-17; revised 1-1-17.)
| ||||||
12 | Section 110. The Illinois Public Labor Relations Act is | ||||||
13 | amended by changing Sections 4 and 7 as follows:
| ||||||
14 | (5 ILCS 315/4) (from Ch. 48, par. 1604)
| ||||||
15 | (Text of Section WITH the changes made by P.A. 98-599, | ||||||
16 | which has been held unconstitutional) | ||||||
17 | Sec. 4. Management Rights. Employers shall not be required | ||||||
18 | to bargain
over matters of inherent managerial policy, which | ||||||
19 | shall include such areas
of discretion or policy as the | ||||||
20 | functions of the employer, standards of
services,
its overall | ||||||
21 | budget, the organizational structure and selection of new
| ||||||
22 | employees, examination techniques
and direction of employees. | ||||||
23 | Employers, however, shall be required to bargain
collectively | ||||||
24 | with regard to
policy matters directly affecting wages, hours |
| |||||||
| |||||||
1 | and terms and conditions of employment
as well as the impact | ||||||
2 | thereon upon request by employee representatives, except as | ||||||
3 | provided in Section 7.5.
| ||||||
4 | To preserve the rights of employers and exclusive | ||||||
5 | representatives which
have established collective bargaining | ||||||
6 | relationships or negotiated collective
bargaining agreements | ||||||
7 | prior to the effective date of this Act, employers
shall be | ||||||
8 | required to bargain collectively with regard to any matter | ||||||
9 | concerning
wages, hours or conditions of employment about which | ||||||
10 | they have bargained
for and agreed to in a collective | ||||||
11 | bargaining agreement
prior to the effective date of this Act, | ||||||
12 | except as provided in Section 7.5.
| ||||||
13 | The chief judge of the judicial circuit that employs a | ||||||
14 | public employee who
is
a court reporter, as defined in the | ||||||
15 | Court Reporters Act, has the authority to
hire, appoint, | ||||||
16 | promote, evaluate, discipline, and discharge court reporters
| ||||||
17 | within that judicial circuit.
| ||||||
18 | Nothing in this amendatory Act of the 94th General Assembly | ||||||
19 | shall
be construed to intrude upon the judicial functions of | ||||||
20 | any court. This
amendatory Act of the 94th General Assembly | ||||||
21 | applies only to nonjudicial
administrative matters relating to | ||||||
22 | the collective bargaining rights of court
reporters.
| ||||||
23 | Only with respect to the State of Illinois as a public | ||||||
24 | employer, the design, implementation, and administration of | ||||||
25 | health insurance plans wherein the combination of employee | ||||||
26 | premiums and out-of-pocket costs for such plans do not exceed |
| |||||||
| |||||||
1 | 40% of total active employee healthcare costs, in aggregate, as | ||||||
2 | determined by actuaries contracted by the State, is an inherent | ||||||
3 | management right, and shall not be the subject of negotiations | ||||||
4 | between the State of Illinois as a public employer and any | ||||||
5 | exclusive representative of public employees. The State of | ||||||
6 | Illinois may elect to negotiate over other health insurance | ||||||
7 | plans, but permissive negotiations over such matters shall not | ||||||
8 | impair or impact the State's ability to design, implement, or | ||||||
9 | administer the health insurance plan identified in this | ||||||
10 | paragraph of Section 4 of this Act as amended by this | ||||||
11 | Amendatory Act of 100th General Assembly. | ||||||
12 | (Source: P.A. 98-599, eff. 6-1-14 .)
| ||||||
13 | (Text of Section WITHOUT the changes made by P.A. 98-599, | ||||||
14 | which has been held unconstitutional) | ||||||
15 | Sec. 4. Management Rights. Employers shall not be required | ||||||
16 | to bargain
over matters of inherent managerial policy, which | ||||||
17 | shall include such areas
of discretion or policy as the | ||||||
18 | functions of the employer, standards of
services,
its overall | ||||||
19 | budget, the organizational structure and selection of new
| ||||||
20 | employees, examination techniques
and direction of employees. | ||||||
21 | Employers, however, shall be required to bargain
collectively | ||||||
22 | with regard to
policy matters directly affecting wages, hours | ||||||
23 | and terms and conditions of employment
as well as the impact | ||||||
24 | thereon upon request by employee representatives.
| ||||||
25 | To preserve the rights of employers and exclusive |
| |||||||
| |||||||
1 | representatives which
have established collective bargaining | ||||||
2 | relationships or negotiated collective
bargaining agreements | ||||||
3 | prior to the effective date of this Act, employers
shall be | ||||||
4 | required to bargain collectively with regard to any matter | ||||||
5 | concerning
wages, hours or conditions of employment about which | ||||||
6 | they have bargained
for and agreed to in a collective | ||||||
7 | bargaining agreement
prior to the effective date of this Act.
| ||||||
8 | The chief judge of the judicial circuit that employs a | ||||||
9 | public employee who
is
a court reporter, as defined in the | ||||||
10 | Court Reporters Act, has the authority to
hire, appoint, | ||||||
11 | promote, evaluate, discipline, and discharge court reporters
| ||||||
12 | within that judicial circuit.
| ||||||
13 | Nothing in this amendatory Act of the 94th General Assembly | ||||||
14 | shall
be construed to intrude upon the judicial functions of | ||||||
15 | any court. This
amendatory Act of the 94th General Assembly | ||||||
16 | applies only to nonjudicial
administrative matters relating to | ||||||
17 | the collective bargaining rights of court
reporters.
| ||||||
18 | Only with respect to the State of Illinois as a public | ||||||
19 | employer, the design, implementation, and administration of | ||||||
20 | health insurance plans wherein the combination of employee | ||||||
21 | premiums and out-of-pocket costs for such plans do not exceed | ||||||
22 | 40% of total active employee healthcare costs, in aggregate, as | ||||||
23 | determined by actuaries contracted by the State, is an inherent | ||||||
24 | management right, and shall not be the subject of negotiations | ||||||
25 | between the State of Illinois as a public employer and any | ||||||
26 | exclusive representative of public employees. The State of |
| |||||||
| |||||||
1 | Illinois may elect to negotiate over other health insurance | ||||||
2 | plans, but permissive negotiations over such matters shall not | ||||||
3 | impair or impact the State's ability to design, implement, or | ||||||
4 | administer the health insurance plan identified in this | ||||||
5 | paragraph of Section 4 of this Act as amended by this | ||||||
6 | Amendatory Act of 100th General Assembly. | ||||||
7 | (Source: P.A. 94-98, eff. 7-1-05.)
| ||||||
8 | (5 ILCS 315/7) (from Ch. 48, par. 1607)
| ||||||
9 | Sec. 7. Duty to bargain. A public employer and the | ||||||
10 | exclusive representative
have the authority and the duty to | ||||||
11 | bargain collectively set forth in this
Section.
| ||||||
12 | For the purposes of this Act, "to bargain collectively" | ||||||
13 | means the performance
of the mutual obligation of the public | ||||||
14 | employer or his designated
representative and the | ||||||
15 | representative of the public employees to meet at
reasonable | ||||||
16 | times, including meetings in advance of the budget-making | ||||||
17 | process,
and to negotiate in good faith with respect to wages, | ||||||
18 | hours, and other
conditions
of employment, not excluded by | ||||||
19 | Section 4 of this Act, or the negotiation
of an agreement, or | ||||||
20 | any question arising
thereunder and the execution of a written | ||||||
21 | contract incorporating any agreement
reached if requested by | ||||||
22 | either party, but such obligation does not compel
either party | ||||||
23 | to agree to a proposal or require the making of a concession.
| ||||||
24 | The duty "to bargain collectively" shall also include an | ||||||
25 | obligation to
negotiate over any matter with respect to wages, |
| |||||||
| |||||||
1 | hours and other conditions
of employment, not specifically | ||||||
2 | provided for in any other law or not specifically
in violation | ||||||
3 | of the provisions
of any law. If any other law pertains, in | ||||||
4 | part, to a matter affecting
the wages, hours and other | ||||||
5 | conditions of employment, such other law shall
not be construed | ||||||
6 | as limiting the duty "to bargain collectively" and to enter
| ||||||
7 | into collective bargaining agreements containing clauses which | ||||||
8 | either supplement,
implement, or relate to the effect of such | ||||||
9 | provisions in other laws.
| ||||||
10 | The duty "to bargain collectively" shall also include | ||||||
11 | negotiations
as to the terms of a collective bargaining | ||||||
12 | agreement.
The parties may, by mutual agreement, provide for | ||||||
13 | arbitration of impasses
resulting from their inability to agree | ||||||
14 | upon wages, hours and terms and
conditions of employment to be | ||||||
15 | included in a collective bargaining agreement.
Such | ||||||
16 | arbitration provisions shall be subject to the Illinois | ||||||
17 | "Uniform Arbitration
Act" unless agreed by the parties.
| ||||||
18 | The duty "to bargain collectively" shall also mean that no | ||||||
19 | party to a collective
bargaining contract shall terminate or | ||||||
20 | modify such contract, unless the
party desiring such | ||||||
21 | termination or modification:
| ||||||
22 | (1) serves a written notice upon the other party to the | ||||||
23 | contract of the
proposed termination or modification 60 | ||||||
24 | days prior to the expiration date
thereof, or in the event | ||||||
25 | such contract contains no expiration date, 60 days
prior to | ||||||
26 | the time it is proposed to make such termination or |
| |||||||
| |||||||
1 | modification;
| ||||||
2 | (2) offers to meet and confer with the other party for | ||||||
3 | the purpose of
negotiating a new contract or a contract | ||||||
4 | containing the proposed modifications;
| ||||||
5 | (3) notifies the Board within 30 days after such notice | ||||||
6 | of the existence
of a dispute, provided no agreement has | ||||||
7 | been reached by that time; and
| ||||||
8 | (4) continues in full force and effect, without | ||||||
9 | resorting to strike or
lockout, all the terms and | ||||||
10 | conditions of the existing contract for a period
of 60 days | ||||||
11 | after such notice is given to the other party or until the | ||||||
12 | expiration
date of such contract, whichever occurs later.
| ||||||
13 | The duties imposed upon employers, employees and labor | ||||||
14 | organizations by
paragraphs (2), (3) and (4) shall become | ||||||
15 | inapplicable upon an intervening
certification of the Board, | ||||||
16 | under which the labor organization, which is
a party to the | ||||||
17 | contract, has been superseded as or ceased to be the exclusive
| ||||||
18 | representative
of the employees pursuant to the provisions of | ||||||
19 | subsection (a) of Section
9, and the duties so imposed shall | ||||||
20 | not be construed as requiring either
party to discuss or agree | ||||||
21 | to any modification of the terms and conditions
contained in a | ||||||
22 | contract for a fixed period, if such modification is to become
| ||||||
23 | effective before such terms and conditions can be reopened | ||||||
24 | under the provisions
of the contract.
| ||||||
25 | Collective bargaining for home care and home health workers | ||||||
26 | who function as personal assistants and individual maintenance |
| |||||||
| |||||||
1 | home health workers
under
the Home Services Program shall be | ||||||
2 | limited to the terms and conditions of
employment
under the | ||||||
3 | State's control, as defined in Public Act 93-204 or this | ||||||
4 | amendatory Act of the 97th General Assembly, as applicable.
| ||||||
5 | Collective bargaining for child and day care home providers | ||||||
6 | under the child care assistance program shall be limited to the | ||||||
7 | terms and conditions of employment under the State's control, | ||||||
8 | as defined in this amendatory Act of the 94th General Assembly.
| ||||||
9 | Notwithstanding any other provision of this Section, | ||||||
10 | whenever collective bargaining is for the purpose of | ||||||
11 | establishing an initial agreement following original | ||||||
12 | certification of units with fewer than 35 employees, with | ||||||
13 | respect to public employees other than peace officers, fire | ||||||
14 | fighters, and security employees, the following apply: | ||||||
15 | (1) Not later than 10 days after receiving a written | ||||||
16 | request for collective bargaining from a labor | ||||||
17 | organization that has been newly certified as a | ||||||
18 | representative as defined in Section 6(c), or within such | ||||||
19 | further period as the parties agree upon, the parties shall | ||||||
20 | meet and commence to bargain collectively and shall make | ||||||
21 | every reasonable effort to conclude and sign a collective | ||||||
22 | bargaining agreement. | ||||||
23 | (2) If anytime after the expiration of the 90-day | ||||||
24 | period beginning on the date on which bargaining is | ||||||
25 | commenced the parties have failed to reach an agreement, | ||||||
26 | either party may notify the Illinois Public Labor Relations |
| |||||||
| |||||||
1 | Board of the existence of a dispute and request mediation | ||||||
2 | in accordance with the provisions of Section 14 of this | ||||||
3 | Act. | ||||||
4 | (3) If after the expiration of the 30-day period | ||||||
5 | beginning on the date on which mediation commenced, or such | ||||||
6 | additional period as the parties may agree upon, the | ||||||
7 | mediator is not able to bring the parties to agreement by | ||||||
8 | conciliation, either the exclusive representative of the | ||||||
9 | employees or the employer may request of the other, in | ||||||
10 | writing, arbitration and shall submit a copy of the request | ||||||
11 | to the board. Upon submission of the request for | ||||||
12 | arbitration, the parties shall be required to participate | ||||||
13 | in the impasse arbitration procedures set forth in Section | ||||||
14 | 14 of this Act, except the right to strike shall not be | ||||||
15 | considered waived pursuant to Section 17 of this Act, until | ||||||
16 | the actual convening of the arbitration hearing. | ||||||
17 | Only with respect to negotiations between the State of | ||||||
18 | Illinois as a public employer and an exclusive | ||||||
19 | representative, the duty "to bargain collectively" shall | ||||||
20 | not include any obligation to negotiate health insurance or | ||||||
21 | health benefits provided that the State of Illinois | ||||||
22 | provides its employees with a health insurance plan wherein | ||||||
23 | the combination of employee premiums and out-of-pocket | ||||||
24 | costs for such plan does not exceed 40% of total active | ||||||
25 | employee healthcare costs, in aggregate, as determined by | ||||||
26 | actuaries contracted by the State. The design of such plans |
| |||||||
| |||||||
1 | shall be at the discretion of the State of Illinois. | ||||||
2 | Bargaining for other plan designs is permissive, and | ||||||
3 | negotiations over such other plan designs, or the | ||||||
4 | provisions of Section 14 of this Act, shall not impair the | ||||||
5 | State's ability to design, implement, or administer the | ||||||
6 | health insurance plan identified in this paragraph of | ||||||
7 | Section 7 as amended by this amendatory act of the 100th | ||||||
8 | General Assembly. | ||||||
9 | (Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
| ||||||
10 | Section 115. The State Employees Group Insurance Act of | ||||||
11 | 1971 is amended by changing Section 6 as follows:
| ||||||
12 | (5 ILCS 375/6) (from Ch. 127, par. 526)
| ||||||
13 | Sec. 6. Program of health benefits.
| ||||||
14 | (a) The program of health benefits shall provide for | ||||||
15 | protection
against the financial costs of health care expenses | ||||||
16 | incurred in and out
of hospital including basic | ||||||
17 | hospital-surgical-medical coverages. The program
may include, | ||||||
18 | but shall not be limited to, such supplemental coverages as
| ||||||
19 | out-patient diagnostic X-ray and laboratory expenses, | ||||||
20 | prescription drugs,
dental services, hearing evaluations, | ||||||
21 | hearing aids, the dispensing and
fitting
of hearing aids, and | ||||||
22 | similar group benefits
as are now or may become available. | ||||||
23 | However, nothing in this Act shall
be construed to permit, on | ||||||
24 | or after July 1, 1980, the non-contributory portion
of any such |
| |||||||
| |||||||
1 | program to include the expenses of obtaining an abortion, | ||||||
2 | induced
miscarriage or induced premature birth unless, in the | ||||||
3 | opinion of a physician,
such procedures are necessary for the | ||||||
4 | preservation of the life of the woman
seeking such treatment, | ||||||
5 | or except an induced premature birth intended to
produce a live | ||||||
6 | viable child and such procedure is necessary for the health
of | ||||||
7 | the mother or the unborn child. The program may also include
| ||||||
8 | coverage for those who rely on treatment by prayer or spiritual | ||||||
9 | means
alone for healing in accordance with the tenets and | ||||||
10 | practice of a
recognized religious denomination.
| ||||||
11 | The program of health benefits shall be designed by the | ||||||
12 | Director
(1) to provide a reasonable relationship between the | ||||||
13 | benefits to be
included and the expected distribution of | ||||||
14 | expenses of each such type to
be incurred by the covered | ||||||
15 | members and dependents,
(2) to specify, as covered benefits and | ||||||
16 | as optional benefits, the
medical services of practitioners in | ||||||
17 | all categories licensed under the
Medical Practice Act of 1987, | ||||||
18 | (3) to include
reasonable controls, which may include | ||||||
19 | deductible and co-insurance
provisions, applicable to some or | ||||||
20 | all of the benefits, or a coordination
of benefits provision, | ||||||
21 | to prevent or minimize unnecessary utilization of
the various | ||||||
22 | hospital, surgical and medical expenses to be provided and
to | ||||||
23 | provide reasonable assurance of stability of the program, and | ||||||
24 | (4) to
provide benefits to the extent possible to members | ||||||
25 | throughout the
State, wherever located, on an equitable basis.
| ||||||
26 | The design of such benefits shall be made by the Director based |
| |||||||
| |||||||
1 | on these considerations. Although the Director shall have the | ||||||
2 | sole authority to determine the specific design of such | ||||||
3 | benefits, the State and various employee unions shall bargain | ||||||
4 | over the level of premium contributions for such plans. | ||||||
5 | Notwithstanding any other provision of this Section or Act,
for | ||||||
6 | all members or dependents who are eligible for benefits under | ||||||
7 | Social
Security or the
Railroad Retirement system or who had | ||||||
8 | sufficient Medicare-covered government
employment,
the
| ||||||
9 | Department shall reduce benefits
which would otherwise be paid | ||||||
10 | by Medicare, by the amount of benefits for
which the member or | ||||||
11 | dependents are eligible
under Medicare, except that such | ||||||
12 | reduction in benefits shall apply only to
those members or | ||||||
13 | dependents who (1) first become
eligible for such medicare | ||||||
14 | coverage on or after the effective date of this
amendatory Act | ||||||
15 | of 1992; or (2) are Medicare-eligible members or dependents of
| ||||||
16 | a local government unit which began participation in the | ||||||
17 | program on or after
July 1, 1992; or (3) remain eligible for | ||||||
18 | but no longer receive
Medicare coverage which they had been | ||||||
19 | receiving on or after the effective date
of this amendatory Act | ||||||
20 | of 1992.
| ||||||
21 | Notwithstanding any other provisions of this Act, where a | ||||||
22 | covered member or
dependents are eligible for benefits under | ||||||
23 | the federal Medicare health
insurance program (Title XVIII of | ||||||
24 | the Social Security Act as added by
Public Law 89-97, 89th | ||||||
25 | Congress), benefits paid under the State of Illinois
program or | ||||||
26 | plan will be reduced by the amount of benefits paid by |
| |||||||
| |||||||
1 | Medicare.
For members or dependents
who are eligible for | ||||||
2 | benefits under Social Security
or the Railroad Retirement | ||||||
3 | system or who had sufficient Medicare-covered
government | ||||||
4 | employment, benefits shall be reduced by the amount for which
| ||||||
5 | the member or dependent is eligible under Medicare,
except that | ||||||
6 | such reduction in benefits shall apply only to those
members or | ||||||
7 | dependents who (1) first become eligible for such
Medicare | ||||||
8 | coverage on or after the effective date of this amendatory Act
| ||||||
9 | of 1992; or (2) are Medicare-eligible members or dependents of | ||||||
10 | a local
government unit which began participation in the | ||||||
11 | program on or after July 1,
1992; or (3) remain eligible for, | ||||||
12 | but no longer receive Medicare
coverage which they had been | ||||||
13 | receiving on or after the effective date of this
amendatory Act | ||||||
14 | of 1992. Premiums may be adjusted, where applicable, to an
| ||||||
15 | amount deemed by the Director to be reasonably consistent with | ||||||
16 | any reduction
of benefits.
| ||||||
17 | (b) A member, not otherwise covered by this Act, who has | ||||||
18 | retired as a
participating member under Article 2 of the | ||||||
19 | Illinois Pension Code
but is ineligible for the retirement | ||||||
20 | annuity under Section 2-119 of the
Illinois
Pension Code, shall | ||||||
21 | pay the premiums for coverage, not
exceeding the amount paid by | ||||||
22 | the State for the non-contributory coverage for
other members, | ||||||
23 | under the group health benefits program under this Act. The
| ||||||
24 | Director shall determine the premiums to be paid
by a member | ||||||
25 | under this subsection (b).
| ||||||
26 | (Source: P.A. 93-47, eff. 7-1-03.)
|
| |||||||
| |||||||
1 | Section 120. The Illinois Public Aid Code is amended by | ||||||
2 | changing Section 5A-10 as follows:
| ||||||
3 | (305 ILCS 5/5A-10) (from Ch. 23, par. 5A-10)
| ||||||
4 | Sec. 5A-10. Applicability.
| ||||||
5 | (a) The assessment imposed by subsection (a) of Section | ||||||
6 | 5A-2 shall cease to be imposed and the Department's obligation | ||||||
7 | to make payments shall immediately cease, and
any moneys
| ||||||
8 | remaining in the Fund shall be refunded to hospital providers
| ||||||
9 | in proportion to the amounts paid by them, if:
| ||||||
10 | (1) The payments to hospitals required under this | ||||||
11 | Article are not eligible for federal matching funds under | ||||||
12 | Title XIX or XXI of the Social Security Act;
| ||||||
13 | (2) For State fiscal years 2009 through 2018, the
| ||||||
14 | Department of Healthcare and Family Services adopts any | ||||||
15 | administrative rule change to reduce payment rates or | ||||||
16 | alters any payment methodology that reduces any payment | ||||||
17 | rates made to operating hospitals under the approved Title | ||||||
18 | XIX or Title XXI State plan in effect January 1, 2008 | ||||||
19 | except for: | ||||||
20 | (A) any changes for hospitals described in | ||||||
21 | subsection (b) of Section 5A-3; | ||||||
22 | (B) any rates for payments made under this Article | ||||||
23 | V-A; | ||||||
24 | (C) any changes proposed in State plan amendment |
| |||||||
| |||||||
1 | transmittal numbers 08-01, 08-02, 08-04, 08-06, and | ||||||
2 | 08-07; | ||||||
3 | (D) in relation to any admissions on or after | ||||||
4 | January 1, 2011, a modification in the methodology for | ||||||
5 | calculating outlier payments to hospitals for | ||||||
6 | exceptionally costly stays, for hospitals reimbursed | ||||||
7 | under the diagnosis-related grouping methodology in | ||||||
8 | effect on July 1, 2011; provided that the Department | ||||||
9 | shall be limited to one such modification during the | ||||||
10 | 36-month period after the effective date of this | ||||||
11 | amendatory Act of the 96th General Assembly; | ||||||
12 | (E) any changes affecting hospitals authorized by | ||||||
13 | Public Act 97-689;
| ||||||
14 | (F) any changes authorized by Section 14-12 of this | ||||||
15 | Code, or for any changes authorized under Section 5A-15 | ||||||
16 | of this Code; or | ||||||
17 | (G) any changes authorized under Section 5-5b.1 ; | ||||||
18 | or . | ||||||
19 | (H) any changes authorized under the Budget | ||||||
20 | Management and Control Act. | ||||||
21 | (b) The assessment imposed by Section 5A-2 shall not take | ||||||
22 | effect or
shall
cease to be imposed, and the Department's | ||||||
23 | obligation to make payments shall immediately cease, if the | ||||||
24 | assessment is determined to be an impermissible
tax under Title | ||||||
25 | XIX
of the Social Security Act. Moneys in the Hospital Provider | ||||||
26 | Fund derived
from assessments imposed prior thereto shall be
|
| |||||||
| |||||||
1 | disbursed in accordance with Section 5A-8 to the extent federal | ||||||
2 | financial participation is
not reduced due to the | ||||||
3 | impermissibility of the assessments, and any
remaining
moneys | ||||||
4 | shall be
refunded to hospital providers in proportion to the | ||||||
5 | amounts paid by them.
| ||||||
6 | (c) The assessments imposed by subsection (b-5) of Section | ||||||
7 | 5A-2 shall not take effect or shall cease to be imposed, the | ||||||
8 | Department's obligation to make payments shall immediately | ||||||
9 | cease, and any moneys remaining in the Fund shall be refunded | ||||||
10 | to hospital providers in proportion to the amounts paid by | ||||||
11 | them, if the payments to hospitals required under Section | ||||||
12 | 5A-12.4 are not eligible for federal matching funds under Title | ||||||
13 | XIX of the Social Security Act. | ||||||
14 | (d) The assessments imposed by Section 5A-2 shall not take | ||||||
15 | effect or shall cease to be imposed, the Department's | ||||||
16 | obligation to make payments shall immediately cease, and any | ||||||
17 | moneys remaining in the Fund shall be refunded to hospital | ||||||
18 | providers in proportion to the amounts paid by them, if: | ||||||
19 | (1) for State fiscal years 2013 through 2018, the | ||||||
20 | Department reduces any payment rates to hospitals as in | ||||||
21 | effect on May 1, 2012, or alters any payment methodology as | ||||||
22 | in effect on May 1, 2012, that has the effect of reducing | ||||||
23 | payment rates to hospitals, except for any changes | ||||||
24 | affecting hospitals authorized in Public Act 97-689 and any | ||||||
25 | changes authorized by Section 14-12 of this Code, and | ||||||
26 | except for any changes authorized under Section 5A-15, and |
| |||||||
| |||||||
1 | except for any changes authorized under Section 5-5b.1 , and | ||||||
2 | except for any changes authorized under the Budget | ||||||
3 | Management and Control Act ; | ||||||
4 | (2) for State fiscal years 2013 through 2018, the | ||||||
5 | Department reduces any supplemental payments made to | ||||||
6 | hospitals below the amounts paid for services provided in | ||||||
7 | State fiscal year 2011 as implemented by administrative | ||||||
8 | rules adopted and in effect on or prior to June 30, 2011, | ||||||
9 | except for any changes affecting hospitals authorized in | ||||||
10 | Public Act 97-689 and any changes authorized by Section | ||||||
11 | 14-12 of this Code, and except for any changes authorized | ||||||
12 | under Section 5A-15, and except for any changes authorized | ||||||
13 | under Section 5-5b.1 , and except for any changes authorized | ||||||
14 | under the Budget Management and Control Act ; or | ||||||
15 | (3) for State fiscal years 2015 through 2018, the | ||||||
16 | Department reduces the overall effective rate of | ||||||
17 | reimbursement to hospitals below the level authorized | ||||||
18 | under Section 14-12 of this Code, except for any changes | ||||||
19 | under Section 14-12 or Section 5A-15 of this Code, and | ||||||
20 | except for any changes authorized under Section 5-5b.1 , and | ||||||
21 | except for any changes authorized under the Budget | ||||||
22 | Management and Control Act . | ||||||
23 | (Source: P.A. 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 99-2, | ||||||
24 | eff. 3-26-15.)
| ||||||
25 | Section 990. The State Mandates Act is amended by adding |
| |||||||
| |||||||
1 | Section 8.41 as follows:
| ||||||
2 | (30 ILCS 805/8.41 new) | ||||||
3 | Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
4 | of this Act, no reimbursement by the State is required for the | ||||||
5 | implementation of any mandate created by this amendatory Act of | ||||||
6 | the 100th General Assembly.
| ||||||
7 | Section 995. No acceleration or delay. Where this Act makes | ||||||
8 | changes in a statute that is represented in this Act by text | ||||||
9 | that is not yet or no longer in effect (for example, a Section | ||||||
10 | represented by multiple versions), the use of that text does | ||||||
11 | not accelerate or delay the taking effect of (i) the changes | ||||||
12 | made by this Act or (ii) provisions derived from any other | ||||||
13 | Public Act.
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14 | Section 999. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
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