HB5580 Engrossed

LRB095 18284 DRJ 44368 b






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    AN ACT concerning regulation.

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


 
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    Section 5. The Nursing Home Care Act is amended  by adding 
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Section 3-217 as follows:
 
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    (210 ILCS 45/3-217  new)
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    Sec. 3-217. Quality Assurance Review. The Department may 
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develop a program to collaborate with facilities on quality 
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assurance issues. The Department may seek all necessary waivers 
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of federal requirements to permit the full implementation of 
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the program. Implementation of the program is subject to the 
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availability of funding for that purpose.
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    Notwithstanding any other rulemaking authority that may 
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exist, neither the Governor nor any agency or agency head under 
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the jurisdiction of the Governor has any authority to make or 
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promulgate rules to implement or enforce the provisions of this 
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amendatory Act of the 95th General Assembly.  If, however, the 
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Governor believes that rules are necessary to implement or 
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enforce the provisions of this amendatory Act of the 95th 
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General Assembly, the Governor may suggest rules to the General 
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Assembly by filing them with the Clerk of the House and 
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Secretary of the Senate and by requesting that the General 
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Assembly authorize such rulemaking by law, enact those 
 


 






HB5580 Engrossed
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LRB095 18284 DRJ 44368 b




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suggested rules into law, or take any other appropriate action 
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in the General Assembly's discretion.   Nothing contained in this 
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amendatory Act of the 95th General Assembly shall be 
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interpreted to grant rulemaking authority under any other 
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Illinois statute where such authority is not otherwise 
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explicitly given.  For the purposes of this amendatory Act of 
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the 95th General Assembly, "rules" is given the meaning 
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contained in Section 1-70 of the Illinois Administrative 
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Procedure Act, and "agency" and "agency head" are given the 
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meanings contained in Sections 1-20 and 1-25 of the Illinois 
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Administrative Procedure Act to the extent that such 
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definitions apply to agencies or agency heads under the 
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jurisdiction of the Governor. 
 

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