Administrative Rule Legislation - Illinois

SHORT-TERM & TITLE LOANS Creates the Title Loan Regulation Act. Provides that the Department of Financial and Professional Regulation shall license and regulate entities that offer title loans. Establishes requirements and restrictions applicable to license applications and licensing. Sets forth limitations, requirements, and disclosures applicable to loan agreements, terms of loans, finance charges, and renewal of loans. Provides for: revocation, suspension, and surrender of licenses; information to be available to the public; complaint handling; hearings; books and records; reports; advertising; prohibited acts; requirements and restrictions applicable to vehicle and boat titles; liens; penalties; enforcement; bonding; administrative rules; and other matters. Amends the Financial Institutions Code to provide that the Department of Financial and Professional Regulation shall administer the Title Loan Regulation Act. Amends the Consumer Installment Loan Act to provide that the [...]

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AGING-CLIENT FOCUSED SERVICES Amends the Illinois Act on the Aging. Provides that services provided, under the program established by the Department on Aging to prevent unnecessary institutionalization of persons age 60 and older in need of long term care or who are established as persons who suffer from Alzheimer's disease or a related disorder, shall be consumer directed and client focused. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 20 ILCS 105/4.12 Deletes everything after the enacting clause. Reinserts the substantive provisions of the bill with changes. Deletes a provision requiring services provided under the program to be consumer directed and client focused. Provides that by July [...]

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VETERANS HEALTH INSUR PROGRAM Amends the Legislative Commission Reorganization Act of 1984. Makes a technical change in a Section concerning the Joint Committee on Administrative Rules. Senate Floor Amendment No. 1 Deletes reference to: 25 ILCS 130/2-1 Authorizes the Department of Natural Resources to convey certain property in Johnson County to WLA Gambit IL, LP for an amount to be determined by 3 independent certified real estate appraisers. Effective immediately. House Amendment No. 1 Adds reference to: 305 ILCS 5/11-22

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RIVERS-DAMS & BUOYS Amends the Rivers, Lakes, and Streams Act. Requires the Department of Natural Resources to adopt emergency rules under the Illinois Administrative Procedure Act to require the immediate marking of each dam the Department considers dangerous with signs and buoys warning the public of the hazards posed by the dam. Provides that the rules shall require that warning signs be placed on the dam and that warning signs and buoys be placed in the areas above and below the dam and on the banks immediately adjacent to the dam. Provides that the Department shall examine each dam located on navigable waterways to determine the hazards that exist at each dam and that the Department shall require the establishment of specifications for signs and devices that provide warnings and information for persons using the waterways. Provides that, after conducting the required examination and within 90 days after the effective date of the amendatory Act, the Department shall issue [...]

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IDPH-MULTIDRUG RESIST ORGANISM Amends the Mental Health and Developmental Disabilities Administrative Act, the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois, the University of Illinois Hospital Act, and the Hospital Licensing Act. Requires the Department of Public Health to perform certain functions in relation to the prevention and control of Multidrug-Resistant Organisms (MDROs). In particular, requires the Department to: (1) adopt rules for all health care facilities subject to licensure, certification, registration, or other regulation by the Department requiring compliance with the 2006 recommendations of the U.S. Centers for Disease Control and Prevention for the prevention and control of MDROs; (2) conduct a public information campaign for health care providers not subject to regulation by the Department; (3) create and administer a training program for health care providers; and (4) recommend and approve tests or testing [...]

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ELDER ABUSE-REPORT-RESPONSE Amends the Elder Abuse and Neglect Act. Provides that in the case of a report of alleged or suspected abuse or neglect that places an eligible adult at risk of injury or death, a provider agency shall respond to the report without delay and shall ensure that it is capable of responding to such a report 24 hours per day, 7 days per week. Provides that a provider agency may use an on-call system to respond to reports of alleged or suspected abuse or neglect after hours and on weekends. Effective immediately.  Fiscal Note (Dept. on Aging) The FY 2008 estimated cost of adding this program enhancement is approximately $500,000. Senate Committee Amendment No. 1 Deletes the bill's immediate effective date. Senate Floor Amendment No. 2 Requires that a provider agency [...]

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IDPH-HOSPICE ADVISORY BOARD Amends the Hospice Program Licensing Act. Requires the Director of Public Health to appoint a Hospice and Palliative Care Advisory Board to advise the Department of Public Health on all aspects of the Department's responsibilities under the Act, including the format and content of administrative rules adopted by the Department. Sets forth Board member qualifications and terms. Requires the Board to meet at least 4 times each year. Requires the Board to analyze the economic and regulatory impact of the Department's rules adopted under the Act. House Amendment No. 1 In provisions concerning the physician member of the advisory board, provides that the member shall be selected from the recommendations of a statewide professional society representing physicians licensed to practice medicine in all its branches in all specialties.  Fiscal Note (Dept. of Children & Family [...]

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LONG TERM CARE OMBUDSMAN Amends the Illinois Act on the Aging. Allows the Long Term Care Ombudsman to communicate with, seek consent of, inspect records of, and do other things concerning nursing home residents, "regardless of age". Effective immediately. Senate Committee Amendment No. 1 Provides that the Department on Aging shall promulgate administrative rules to establish the responsibilities of the Department and the Office of the State Long Term Care Ombudsman including the investigation and resolution of complaints made by or on behalf of residents of long term care and other facilities, including the option to serve residents under the age of 60 (instead of regardless of the age of the residents). Provides that the Office and designated regional programs may represent all residents, but are not required to represent persons under 60 years of age, except to the extent required by federal law. Provides that the Department shall cooperate with the Department [...]

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STATE FACILITY OVERTIME ACT Creates the State Facility Overtime Act. Provides that the Director of the State agency responsible for the operation of specified State facilities (or the Director's designee or agent) may not require an employee to accept work in excess of an agreed upon, predetermined, and regularly scheduled daily work shift, not to exceed 40 hours per week. Provides for: exceptions to the prohibition; posting a summary of the Act and applicable rules; investigation of complaints by the Illinois Department of Labor and disposition of complaints; adoption of administrative rules; construction; and other matters. Effective immediately. House Amendment No. 1 Deletes provisions of the bill regarding adoption and posting of rules. Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the Act, but that the Governor may suggest rules by filing them with the General Assembly [...]

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MEDICAID-FAMILY MEMBR CAREGIVR Amends the Illinois Public Aid Code. Provides that the Department of Human Services, in consultation with the Department of Healthcare and Family Services, shall develop an initiative within the Home Services Program under which legally responsible adults may be reimbursed for providing care to eligible clients. Sets forth the components of the initiative. Provides that by November 1, 2008, the Department of Human Services and the Department of Healthcare and Family Services shall report their findings and recommendations to the General Assembly regarding proposed rule changes to the Illinois Administrative Code and amendatory changes to the State Medicaid Plan for the purpose of implementing the initiative. Provides that by January 1, 2009, the Department of Healthcare and Family Services shall seek federal approval to amend the State Medicaid Plan, and the Department of Human Services and the Department of Healthcare and Family Service shall submit [...]

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ASSISTED LIVING-ADVISORY BOARD Amends the Assisted Living and Shared Housing Act. Provides that the Assisted Living and Shared Housing Standards and Quality of Life Advisory Board shall give advice to the Director of Aging (instead of the Department of Public Health) concerning the activities of the assisted living ombudsman, and makes other changes concerning the Board's advice. Provides that the State Ombudsman, or his or her designee, shall serve as a nonvoting member of the Board. Provides that a quorum shall consist of a majority of those members appointed by the Director of Public Health, and eliminates a provision requiring the affirmative vote of 10 Board members for Board action. Provides that within 30 days after the effective date of this amendatory Act, the Director of Public Health shall call a meeting of the Board for the purpose of establishing a process and timetable for the review of the provisions of the Act and all administrative rules relevant to the implementation [...]

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HLTHCARE WRKR TASK FORCE-APPT Amends the Health Care Worker Background Check Act. Requires the Health Care Worker Task Force to advise the Director of Public Health regarding the implementation of Public Act 95-331 and to review all proposed administrative rules and changes to administrative rules created under the Act (instead of requiring the Task Force to issue an interim and a final report to the Governor and the General Assembly). Provides that beginning on the effective date of the amendatory Act, any Task Force vacancy created by the expiration or termination for any reason of the term of any member appointed by the Governor shall be filled in like manner by an appointee of the Director of Public Health. Sets forth additional requirements of the Task Force. Effective immediately. House Amendment No. 1 Removes provisions concerning the implementation of Public Act 95-331 and the review of all administrative rules and changes to administrative rules prior [...]

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