HB 4862 — MEDICAID-PAYMNTS-PRACTITIONERS

*LRB09518147DRJ44230b* HB4862 95THEngrossed GENERALLRB095 ASSEMBLY18147 StateDRJ of44230 Illinoisb andAN 2008ACT HB4862concerning bypublic Rep.aid.

Kathleen A.

Ryg SYNOPSIS AS INTRODUCED:

ILCS 5/5-8 from Ch.

23, par.

5-8 ILCS 5/12-13 from Ch.

23, par.

12-13 Amends the Illinois Public Aid Code.

Provides that in supplying medical assistance, the Department of Healthcare and Family Services may provide for the legally authorized services of a licensed clinical psychologist or licensed clinical professional counselor.

Provides that payment for services rendered to a specific recipient by a licensed clinical psychologist or licensed clinical professional counselor may be authorized only when services are recommended for that recipient by a person licensed to practice medicine in all its branches.

Effective immediately.

LRB095 18147 DRJ 44230 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB4862 LRB095 18147 DRJ 44230 b AN ACT concerning public aid.

The utilization of the services of persons engaged in the treatment or care of the sick, which persons are not HB4862 Engrossed - 2 - LRB095 18147 DRJ 44230 b required to be licensed or registered under the laws of this State, is not prohibited by this Section.

(Source:Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly.

If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly’s discretion.

Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given.

For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

HB4862 Engrossed - 3 - LRB095 18147 DRJ 44230 b (Source:

HB4862 - 3 - LRB095 18147 DRJ 44230 b The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and incorporated herein, and HB4862 Engrossed - 4 - LRB095 18147 DRJ 44230 b shall apply to all administrative rules and procedures of the Illinois Department under this Act, except that Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rule-making does not apply to the adoption of any rule required by federal law in connection with which the Illinois Department is precluded by law from exercising any discretion, and the requirements of the Administrative Procedure Act with respect to contested cases are not applicable to (1) hearings involving eligibility of applicants or recipients of public aid or (2) support hearings involving responsible relatives.

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly.

If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly’s discretion.

Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other HB4862 Engrossed - 5 - LRB095 18147 DRJ 44230 b Illinois statute where such authority is not otherwise explicitly given.

For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.