Bill Text: IL HB0595 | 2019-2020 | 101st General Assembly | Engrossed
Bill Title: Amends the Newborn Metabolic Screening Act. Provides that the Department of Public Health shall provide all newborns with a screening test for guanidinoacetate methyltransferase deficiency using a method that determines the presence or absence of the deficiency, beginning on the earlier of July 1, 2021 or within 6 months following the occurrence of specified milestones. Authorizes the Department to adopt emergency rules to implement the amendatory Act. Amends the Illinois Administrative Procedure Act. Makes a conforming change.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2019-05-10 - Rule 3-9(a) / Re-referred to Assignments [HB0595 Detail]
Download: Illinois-2019-HB0595-Engrossed.html
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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Administrative Procedure Act is | ||||||
5 | amended by changing Section 5-45 as follows:
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6 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||
7 | Sec. 5-45. Emergency rulemaking. | ||||||
8 | (a) "Emergency" means the existence of any situation that | ||||||
9 | any agency
finds reasonably constitutes a threat to the public | ||||||
10 | interest, safety, or
welfare. | ||||||
11 | (b) If any agency finds that an
emergency exists that | ||||||
12 | requires adoption of a rule upon fewer days than
is required by | ||||||
13 | Section 5-40 and states in writing its reasons for that
| ||||||
14 | finding, the agency may adopt an emergency rule without prior | ||||||
15 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
16 | with the Secretary of
State under Section 5-70. The notice | ||||||
17 | shall include the text of the
emergency rule and shall be | ||||||
18 | published in the Illinois Register. Consent
orders or other | ||||||
19 | court orders adopting settlements negotiated by an agency
may | ||||||
20 | be adopted under this Section. Subject to applicable | ||||||
21 | constitutional or
statutory provisions, an emergency rule | ||||||
22 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
23 | at a stated date less than 10 days
thereafter. The agency's |
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1 | finding and a statement of the specific reasons
for the finding | ||||||
2 | shall be filed with the rule. The agency shall take
reasonable | ||||||
3 | and appropriate measures to make emergency rules known to the
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4 | persons who may be affected by them. | ||||||
5 | (c) An emergency rule may be effective for a period of not | ||||||
6 | longer than
150 days, but the agency's authority to adopt an | ||||||
7 | identical rule under Section
5-40 is not precluded. No | ||||||
8 | emergency rule may be adopted more
than once in any 24-month | ||||||
9 | period, except that this limitation on the number
of emergency | ||||||
10 | rules that may be adopted in a 24-month period does not apply
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11 | to (i) emergency rules that make additions to and deletions | ||||||
12 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
13 | Public Aid Code or the
generic drug formulary under Section | ||||||
14 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
15 | emergency rules adopted by the Pollution Control
Board before | ||||||
16 | July 1, 1997 to implement portions of the Livestock Management
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17 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
18 | Department of Public Health under subsections (a) through (i) | ||||||
19 | of Section 2 of the Department of Public Health Act when | ||||||
20 | necessary to protect the public's health, (iv) emergency rules | ||||||
21 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
22 | emergency rules adopted pursuant to subsection (o) of this | ||||||
23 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
24 | (c-5) of this Section. Two or more emergency rules having | ||||||
25 | substantially the same
purpose and effect shall be deemed to be | ||||||
26 | a single rule for purposes of this
Section. |
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1 | (c-5) To facilitate the maintenance of the program of group | ||||||
2 | health benefits provided to annuitants, survivors, and retired | ||||||
3 | employees under the State Employees Group Insurance Act of | ||||||
4 | 1971, rules to alter the contributions to be paid by the State, | ||||||
5 | annuitants, survivors, retired employees, or any combination | ||||||
6 | of those entities, for that program of group health benefits, | ||||||
7 | shall be adopted as emergency rules. The adoption of those | ||||||
8 | rules shall be considered an emergency and necessary for the | ||||||
9 | public interest, safety, and welfare. | ||||||
10 | (d) In order to provide for the expeditious and timely | ||||||
11 | implementation
of the State's fiscal year 1999 budget, | ||||||
12 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
13 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
14 | may be adopted in
accordance with this Section by the agency | ||||||
15 | charged with administering that
provision or initiative, | ||||||
16 | except that the 24-month limitation on the adoption
of | ||||||
17 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
18 | do not apply
to rules adopted under this subsection (d). The | ||||||
19 | adoption of emergency rules
authorized by this subsection (d) | ||||||
20 | shall be deemed to be necessary for the
public interest, | ||||||
21 | safety, and welfare. | ||||||
22 | (e) In order to provide for the expeditious and timely | ||||||
23 | implementation
of the State's fiscal year 2000 budget, | ||||||
24 | emergency rules to implement any
provision of Public Act 91-24
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25 | or any other budget initiative for fiscal year 2000 may be | ||||||
26 | adopted in
accordance with this Section by the agency charged |
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1 | with administering that
provision or initiative, except that | ||||||
2 | the 24-month limitation on the adoption
of emergency rules and | ||||||
3 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
4 | rules adopted under this subsection (e). The adoption of | ||||||
5 | emergency rules
authorized by this subsection (e) shall be | ||||||
6 | deemed to be necessary for the
public interest, safety, and | ||||||
7 | welfare. | ||||||
8 | (f) In order to provide for the expeditious and timely | ||||||
9 | implementation
of the State's fiscal year 2001 budget, | ||||||
10 | emergency rules to implement any
provision of Public Act 91-712
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11 | or any other budget initiative for fiscal year 2001 may be | ||||||
12 | adopted in
accordance with this Section by the agency charged | ||||||
13 | with administering that
provision or initiative, except that | ||||||
14 | the 24-month limitation on the adoption
of emergency rules and | ||||||
15 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
16 | rules adopted under this subsection (f). The adoption of | ||||||
17 | emergency rules
authorized by this subsection (f) shall be | ||||||
18 | deemed to be necessary for the
public interest, safety, and | ||||||
19 | welfare. | ||||||
20 | (g) In order to provide for the expeditious and timely | ||||||
21 | implementation
of the State's fiscal year 2002 budget, | ||||||
22 | emergency rules to implement any
provision of Public Act 92-10
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23 | or any other budget initiative for fiscal year 2002 may be | ||||||
24 | adopted in
accordance with this Section by the agency charged | ||||||
25 | with administering that
provision or initiative, except that | ||||||
26 | the 24-month limitation on the adoption
of emergency rules and |
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1 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
2 | rules adopted under this subsection (g). The adoption of | ||||||
3 | emergency rules
authorized by this subsection (g) shall be | ||||||
4 | deemed to be necessary for the
public interest, safety, and | ||||||
5 | welfare. | ||||||
6 | (h) In order to provide for the expeditious and timely | ||||||
7 | implementation
of the State's fiscal year 2003 budget, | ||||||
8 | emergency rules to implement any
provision of Public Act 92-597
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9 | or any other budget initiative for fiscal year 2003 may be | ||||||
10 | adopted in
accordance with this Section by the agency charged | ||||||
11 | with administering that
provision or initiative, except that | ||||||
12 | the 24-month limitation on the adoption
of emergency rules and | ||||||
13 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
14 | rules adopted under this subsection (h). The adoption of | ||||||
15 | emergency rules
authorized by this subsection (h) shall be | ||||||
16 | deemed to be necessary for the
public interest, safety, and | ||||||
17 | welfare. | ||||||
18 | (i) In order to provide for the expeditious and timely | ||||||
19 | implementation
of the State's fiscal year 2004 budget, | ||||||
20 | emergency rules to implement any
provision of Public Act 93-20
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21 | or any other budget initiative for fiscal year 2004 may be | ||||||
22 | adopted in
accordance with this Section by the agency charged | ||||||
23 | with administering that
provision or initiative, except that | ||||||
24 | the 24-month limitation on the adoption
of emergency rules and | ||||||
25 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
26 | rules adopted under this subsection (i). The adoption of |
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1 | emergency rules
authorized by this subsection (i) shall be | ||||||
2 | deemed to be necessary for the
public interest, safety, and | ||||||
3 | welfare. | ||||||
4 | (j) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of the State's fiscal year | ||||||
6 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
7 | Implementation (Human Services) Act, emergency rules to | ||||||
8 | implement any provision of the Fiscal Year 2005 Budget | ||||||
9 | Implementation (Human Services) Act may be adopted in | ||||||
10 | accordance with this Section by the agency charged with | ||||||
11 | administering that provision, except that the 24-month | ||||||
12 | limitation on the adoption of emergency rules and the | ||||||
13 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
14 | adopted under this subsection (j). The Department of Public Aid | ||||||
15 | may also adopt rules under this subsection (j) necessary to | ||||||
16 | administer the Illinois Public Aid Code and the Children's | ||||||
17 | Health Insurance Program Act. The adoption of emergency rules | ||||||
18 | authorized by this subsection (j) shall be deemed to be | ||||||
19 | necessary for the public interest, safety, and welfare.
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20 | (k) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of the State's fiscal year | ||||||
22 | 2006 budget, emergency rules to implement any provision of | ||||||
23 | Public Act 94-48 or any other budget initiative for fiscal year | ||||||
24 | 2006 may be adopted in accordance with this Section by the | ||||||
25 | agency charged with administering that provision or | ||||||
26 | initiative, except that the 24-month limitation on the adoption |
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1 | of emergency rules and the provisions of Sections 5-115 and | ||||||
2 | 5-125 do not apply to rules adopted under this subsection (k). | ||||||
3 | The Department of Healthcare and Family Services may also adopt | ||||||
4 | rules under this subsection (k) necessary to administer the | ||||||
5 | Illinois Public Aid Code, the Senior Citizens and Persons with | ||||||
6 | Disabilities Property Tax Relief Act, the Senior Citizens and | ||||||
7 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
8 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
9 | Children's Health Insurance Program Act. The adoption of | ||||||
10 | emergency rules authorized by this subsection (k) shall be | ||||||
11 | deemed to be necessary for the public interest, safety, and | ||||||
12 | welfare.
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13 | (l) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of the
State's fiscal year | ||||||
15 | 2007 budget, the Department of Healthcare and Family Services | ||||||
16 | may adopt emergency rules during fiscal year 2007, including | ||||||
17 | rules effective July 1, 2007, in
accordance with this | ||||||
18 | subsection to the extent necessary to administer the | ||||||
19 | Department's responsibilities with respect to amendments to | ||||||
20 | the State plans and Illinois waivers approved by the federal | ||||||
21 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
22 | requirements of Title XIX and Title XXI of the federal Social | ||||||
23 | Security Act. The adoption of emergency rules
authorized by | ||||||
24 | this subsection (l) shall be deemed to be necessary for the | ||||||
25 | public interest,
safety, and welfare.
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26 | (m) In order to provide for the expeditious and timely |
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1 | implementation of the provisions of the
State's fiscal year | ||||||
2 | 2008 budget, the Department of Healthcare and Family Services | ||||||
3 | may adopt emergency rules during fiscal year 2008, including | ||||||
4 | rules effective July 1, 2008, in
accordance with this | ||||||
5 | subsection to the extent necessary to administer the | ||||||
6 | Department's responsibilities with respect to amendments to | ||||||
7 | the State plans and Illinois waivers approved by the federal | ||||||
8 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
9 | requirements of Title XIX and Title XXI of the federal Social | ||||||
10 | Security Act. The adoption of emergency rules
authorized by | ||||||
11 | this subsection (m) shall be deemed to be necessary for the | ||||||
12 | public interest,
safety, and welfare.
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13 | (n) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of the State's fiscal year | ||||||
15 | 2010 budget, emergency rules to implement any provision of | ||||||
16 | Public Act 96-45 or any other budget initiative authorized by | ||||||
17 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
18 | in accordance with this Section by the agency charged with | ||||||
19 | administering that provision or initiative. The adoption of | ||||||
20 | emergency rules authorized by this subsection (n) shall be | ||||||
21 | deemed to be necessary for the public interest, safety, and | ||||||
22 | welfare. The rulemaking authority granted in this subsection | ||||||
23 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
24 | 2010. | ||||||
25 | (o) In order to provide for the expeditious and timely | ||||||
26 | implementation of the provisions of the State's fiscal year |
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1 | 2011 budget, emergency rules to implement any provision of | ||||||
2 | Public Act 96-958 or any other budget initiative authorized by | ||||||
3 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
4 | in accordance with this Section by the agency charged with | ||||||
5 | administering that provision or initiative. The adoption of | ||||||
6 | emergency rules authorized by this subsection (o) is deemed to | ||||||
7 | be necessary for the public interest, safety, and welfare. The | ||||||
8 | rulemaking authority granted in this subsection (o) applies | ||||||
9 | only to rules promulgated on or after July 1, 2010 (the | ||||||
10 | effective date of Public Act 96-958) through June 30, 2011. | ||||||
11 | (p) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of Public Act 97-689, | ||||||
13 | emergency rules to implement any provision of Public Act 97-689 | ||||||
14 | may be adopted in accordance with this subsection (p) by the | ||||||
15 | agency charged with administering that provision or | ||||||
16 | initiative. The 150-day limitation of the effective period of | ||||||
17 | emergency rules does not apply to rules adopted under this | ||||||
18 | subsection (p), and the effective period may continue through | ||||||
19 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
20 | emergency rules does not apply to rules adopted under this | ||||||
21 | subsection (p). The adoption of emergency rules authorized by | ||||||
22 | this subsection (p) is deemed to be necessary for the public | ||||||
23 | interest, safety, and welfare. | ||||||
24 | (q) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
26 | 12 of Public Act 98-104, emergency rules to implement any |
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1 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
2 | may be adopted in accordance with this subsection (q) by the | ||||||
3 | agency charged with administering that provision or | ||||||
4 | initiative. The 24-month limitation on the adoption of | ||||||
5 | emergency rules does not apply to rules adopted under this | ||||||
6 | subsection (q). The adoption of emergency rules authorized by | ||||||
7 | this subsection (q) is deemed to be necessary for the public | ||||||
8 | interest, safety, and welfare. | ||||||
9 | (r) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Public Act 98-651, | ||||||
11 | emergency rules to implement Public Act 98-651 may be adopted | ||||||
12 | in accordance with this subsection (r) by the Department of | ||||||
13 | Healthcare and Family Services. The 24-month limitation on the | ||||||
14 | adoption of emergency rules does not apply to rules adopted | ||||||
15 | under this subsection (r). The adoption of emergency rules | ||||||
16 | authorized by this subsection (r) is deemed to be necessary for | ||||||
17 | the public interest, safety, and welfare. | ||||||
18 | (s) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
20 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
21 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
22 | Public Aid Code may be adopted in accordance with this | ||||||
23 | subsection (s) by the Department of Healthcare and Family | ||||||
24 | Services. The rulemaking authority granted in this subsection | ||||||
25 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
26 | 2015. Notwithstanding any other provision of this Section, any |
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1 | emergency rule adopted under this subsection (s) shall only | ||||||
2 | apply to payments made for State fiscal year 2015. The adoption | ||||||
3 | of emergency rules authorized by this subsection (s) is deemed | ||||||
4 | to be necessary for the public interest, safety, and welfare. | ||||||
5 | (t) In order to provide for the expeditious and timely | ||||||
6 | implementation of the provisions of Article II of Public Act | ||||||
7 | 99-6, emergency rules to implement the changes made by Article | ||||||
8 | II of Public Act 99-6 to the Emergency Telephone System Act may | ||||||
9 | be adopted in accordance with this subsection (t) by the | ||||||
10 | Department of State Police. The rulemaking authority granted in | ||||||
11 | this subsection (t) shall apply only to those rules adopted | ||||||
12 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
13 | of emergency rules does not apply to rules adopted under this | ||||||
14 | subsection (t). The adoption of emergency rules authorized by | ||||||
15 | this subsection (t) is deemed to be necessary for the public | ||||||
16 | interest, safety, and welfare. | ||||||
17 | (u) In order to provide for the expeditious and timely | ||||||
18 | implementation of the provisions of the Burn Victims Relief | ||||||
19 | Act, emergency rules to implement any provision of the Act may | ||||||
20 | be adopted in accordance with this subsection (u) by the | ||||||
21 | Department of Insurance. The rulemaking authority granted in | ||||||
22 | this subsection (u) shall apply only to those rules adopted | ||||||
23 | prior to December 31, 2015. The adoption of emergency rules | ||||||
24 | authorized by this subsection (u) is deemed to be necessary for | ||||||
25 | the public interest, safety, and welfare. | ||||||
26 | (v) In order to provide for the expeditious and timely |
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1 | implementation of the provisions of Public Act 99-516, | ||||||
2 | emergency rules to implement Public Act 99-516 may be adopted | ||||||
3 | in accordance with this subsection (v) 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 (v). The adoption of emergency rules | ||||||
7 | authorized by this subsection (v) is deemed to be necessary for | ||||||
8 | the public interest, safety, and welfare. | ||||||
9 | (w) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Public Act 99-796, | ||||||
11 | emergency rules to implement the changes made by Public Act | ||||||
12 | 99-796 may be adopted in accordance with this subsection (w) by | ||||||
13 | the Adjutant General. The adoption of emergency rules | ||||||
14 | authorized by this subsection (w) is deemed to be necessary for | ||||||
15 | the public interest, safety, and welfare. | ||||||
16 | (x) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of Public Act 99-906, | ||||||
18 | emergency rules to implement subsection (i) of Section 16-115D, | ||||||
19 | subsection (g) of Section 16-128A, and subsection (a) of | ||||||
20 | Section 16-128B of the Public Utilities Act may be adopted in | ||||||
21 | accordance with this subsection (x) by the Illinois Commerce | ||||||
22 | Commission. The rulemaking authority granted in this | ||||||
23 | subsection (x) shall apply only to those rules adopted within | ||||||
24 | 180 days after June 1, 2017 (the effective date of Public Act | ||||||
25 | 99-906). The adoption of emergency rules authorized by this | ||||||
26 | subsection (x) is deemed to be necessary for the public |
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1 | interest, safety, and welfare. | ||||||
2 | (y) In order to provide for the expeditious and timely | ||||||
3 | implementation of the provisions of Public Act 100-23, | ||||||
4 | emergency rules to implement the changes made by Public Act | ||||||
5 | 100-23 to Section 4.02 of the Illinois Act on the Aging, | ||||||
6 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
7 | Section 55-30 of the Alcoholism and Other Drug Abuse and | ||||||
8 | Dependency Act, and Sections 74 and 75 of the Mental Health and | ||||||
9 | Developmental Disabilities Administrative Act may be adopted | ||||||
10 | in accordance with this subsection (y) by the respective | ||||||
11 | Department. The adoption of emergency rules authorized by this | ||||||
12 | subsection (y) is deemed to be necessary for the public | ||||||
13 | interest, safety, and welfare. | ||||||
14 | (z) In order to provide for the expeditious and timely | ||||||
15 | implementation of the provisions of Public Act 100-554, | ||||||
16 | emergency rules to implement the changes made by Public Act | ||||||
17 | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | ||||||
18 | adopted in accordance with this subsection (z) by the Secretary | ||||||
19 | of State. The adoption of emergency rules authorized by this | ||||||
20 | subsection (z) is deemed to be necessary for the public | ||||||
21 | interest, safety, and welfare. | ||||||
22 | (aa) In order to provide for the expeditious and timely | ||||||
23 | initial implementation of the changes made to Articles 5, 5A, | ||||||
24 | 12, and 14 of the Illinois Public Aid Code under the provisions | ||||||
25 | of Public Act 100-581, the Department of Healthcare and Family | ||||||
26 | Services may adopt emergency rules in accordance with this |
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1 | subsection (aa). The 24-month limitation on the adoption of | ||||||
2 | emergency rules does not apply to rules to initially implement | ||||||
3 | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | ||||||
4 | Public Aid Code adopted under this subsection (aa). The | ||||||
5 | adoption of emergency rules authorized by this subsection (aa) | ||||||
6 | is deemed to be necessary for the public interest, safety, and | ||||||
7 | welfare. | ||||||
8 | (bb) In order to provide for the expeditious and timely | ||||||
9 | implementation of the provisions of Public Act 100-587, | ||||||
10 | emergency rules to implement the changes made by Public Act | ||||||
11 | 100-587 to Section 4.02 of the Illinois Act on the Aging, | ||||||
12 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
13 | subsection (b) of Section 55-30 of the Alcoholism and Other | ||||||
14 | Drug Abuse and Dependency Act, Section 5-104 of the Specialized | ||||||
15 | Mental Health Rehabilitation Act of 2013, and Section 75 and | ||||||
16 | subsection (b) of Section 74 of the Mental Health and | ||||||
17 | Developmental Disabilities Administrative Act may be adopted | ||||||
18 | in accordance with this subsection (bb) by the respective | ||||||
19 | Department. The adoption of emergency rules authorized by this | ||||||
20 | subsection (bb) is deemed to be necessary for the public | ||||||
21 | interest, safety, and welfare. | ||||||
22 | (cc) In order to provide for the expeditious and timely | ||||||
23 | implementation of the provisions of Public Act 100-587, | ||||||
24 | emergency rules may be adopted in accordance with this | ||||||
25 | subsection (cc) to implement the changes made by Public Act | ||||||
26 | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois |
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1 | Pension Code by the Board created under Article 14 of the Code; | ||||||
2 | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | ||||||
3 | the Board created under Article 15 of the Code; and Sections | ||||||
4 | 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board | ||||||
5 | created under Article 16 of the Code. The adoption of emergency | ||||||
6 | rules authorized by this subsection (cc) is deemed to be | ||||||
7 | necessary for the public interest, safety, and welfare. | ||||||
8 | (dd) In order to provide for the expeditious and timely | ||||||
9 | implementation of the provisions of Public Act 100-864, | ||||||
10 | emergency rules to implement the changes made by Public Act | ||||||
11 | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | ||||||
12 | may be adopted in accordance with this subsection (dd) by the | ||||||
13 | Secretary of State. The adoption of emergency rules authorized | ||||||
14 | by this subsection (dd) is deemed to be necessary for the | ||||||
15 | public interest, safety, and welfare. | ||||||
16 | (ee) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of this amendatory Act of the | ||||||
18 | 100th General Assembly, emergency rules implementing the | ||||||
19 | Illinois Underground Natural Gas Storage Safety Act may be | ||||||
20 | adopted in accordance with this subsection by the Department of | ||||||
21 | Natural Resources. The adoption of emergency rules authorized | ||||||
22 | by this subsection is deemed to be necessary for the public | ||||||
23 | interest, safety, and welfare. | ||||||
24 | (ff) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of this amendatory Act of the | ||||||
26 | 101st General Assembly, emergency rules may be adopted by the |
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| |||||||
1 | Department of Labor in accordance with this subsection (ff) to | ||||||
2 | implement the changes made by this amendatory Act of the 101st | ||||||
3 | General Assembly to the Minimum Wage Law. The adoption of | ||||||
4 | emergency rules authorized by this subsection (ff) is deemed to | ||||||
5 | be necessary for the public interest, safety, and welfare. | ||||||
6 | (gg) In order to provide for the expeditious and timely | ||||||
7 | implementation of the provisions of this amendatory Act of the | ||||||
8 | 101st General Assembly, emergency rules to implement the | ||||||
9 | changes made by this amendatory Act of the 101st General | ||||||
10 | Assembly to the Newborn Metabolic Screening Act may be adopted | ||||||
11 | in accordance with this subsection (gg) by the Department of | ||||||
12 | Public Health. The adoption of emergency rules authorized by | ||||||
13 | this subsection (gg) is deemed to be necessary for the public | ||||||
14 | interest, safety, and welfare. | ||||||
15 | (Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; | ||||||
16 | 100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. | ||||||
17 | 6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; | ||||||
18 | 100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 101-1, eff. | ||||||
19 | 2-19-19.)
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20 | Section 10. The Newborn Metabolic Screening Act is amended | ||||||
21 | by adding Section 3.40 as follows:
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22 | (410 ILCS 240/3.40 new) | ||||||
23 | Sec. 3.40. Guanidinoacetate methyltransferase deficiency. | ||||||
24 | In accordance with the timetable specified in this Section, the |
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1 | Department shall provide all newborns with a screening test for | ||||||
2 | guanidinoacetate methyltransferase deficiency using a method | ||||||
3 | that determines the presence or absence of guanidinoacetate | ||||||
4 | methyltransferase deficiency, beginning on the earlier of the | ||||||
5 | following: | ||||||
6 | (1) July 1, 2021; or | ||||||
7 | (2) within 6 months following the occurrence of all
of | ||||||
8 | the following: | ||||||
9 | (A) the establishment and verification of
relevant | ||||||
10 | and appropriate performance specifications as defined | ||||||
11 | under the federal Clinical Laboratory Improvement | ||||||
12 | Amendments and regulations thereunder for federal Food | ||||||
13 | and Drug Administration-cleared or in-house developed | ||||||
14 | methods, performed under an institutional review board | ||||||
15 | approved protocol, if required; | ||||||
16 | (B) the availability of quality assurance
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17 | materials and comparative threshold values to | ||||||
18 | determine the presence or absence of guanidinoacetate | ||||||
19 | methyltransferase deficiency; | ||||||
20 | (C) the procurement and installation by the
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21 | Department of the equipment necessary to implement the | ||||||
22 | initial pilot and statewide volume of screening tests | ||||||
23 | for guanidinoacetate methyltransferase deficiency; | ||||||
24 | (D) the establishment of precise threshold values
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25 | ensuring defined disease identification for | ||||||
26 | guanidinoacetate methyltransferase deficiency; |
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1 | (E) the development and validation of a reliable
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2 | methodology for screening newborns for | ||||||
3 | guanidinoacetate methyltransferase deficiency using | ||||||
4 | dried blood spots and quality assurance testing | ||||||
5 | methodology for such test or the approval and | ||||||
6 | procurement of a test for guanidinoacetate | ||||||
7 | methyltransferase deficiency using dried blood spots | ||||||
8 | by the federal Food and Drug Administration; | ||||||
9 | (F) the authentication of pilot testing achieving
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10 | each milestone described in subparagraphs (A) through | ||||||
11 | (E) of this paragraph for guanidinoacetate | ||||||
12 | methyltransferase deficiency; and | ||||||
13 | (G) the authentication of achieving the potential
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14 | of high throughput standards for statewide volume of | ||||||
15 | guanidinoacetate methyltransferase deficiency | ||||||
16 | concomitant with each milestone described in | ||||||
17 | subparagraphs (A) through (E) of this paragraph. | ||||||
18 | The Department is authorized to implement an additional fee | ||||||
19 | for the screening upon the effective date of this amendatory | ||||||
20 | Act of the 101st General Assembly in order to accumulate the | ||||||
21 | resources for start-up and other costs associated with the | ||||||
22 | implementation of the screening and thereafter to support the | ||||||
23 | costs associated with screening. If the Department has not | ||||||
24 | implemented statewide screening for guanidinoacetate | ||||||
25 | methyltransferase deficiency under this Section within 36 | ||||||
26 | months after the effective date of this amendatory Act of the |
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1 | 101st General Assembly, then the Department shall cease | ||||||
2 | collecting any additional fees related to the screening. The | ||||||
3 | Department may adopt emergency rules in accordance with Section | ||||||
4 | 5-45 of the Illinois Administrative Procedure Act to implement | ||||||
5 | this Section.
|