Bill Text: IL HB3887 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Abused and Neglected Child Reporting Act. Adds personnel of institutions of higher education, athletic program personnel, and early intervention providers to the list of mandated reporters under the Act. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 24-13)

Status: (Passed) 2012-06-27 - Public Act . . . . . . . . . 97-0711 [HB3887 Detail]

Download: Illinois-2011-HB3887-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3887 Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
20 ILCS 415/4d from Ch. 127, par. 63b104d
30 ILCS 500/20-30
305 ILCS 5/11-5.1
Amends the Personnel Code. Provides that 20 selected Senior Public Service Administrator positions within the Department of Healthcare and Family Services designated by the Director of that agency as requiring specific knowledge of healthcare administration, healthcare finance, healthcare data analytics, or information technology are exempt from jurisdiction B under certain conditions. Amends the Illinois Procurement Code. Provides that, notwithstanding any other law, rule, regulation, or provision of any kind, the Department of Healthcare and Family Services may procure goods and services for the verification of income and eligibility from a vendor as an emergency procurement to meet the agency's responsibilities, and may enter into a contract following that emergency procurement for not more than 18 months and sets forth procurement procedures for this type of transaction. Amends the Illinois Public Aid Code. Provides that, notwithstanding the provisions of the Illinois Procurement Code to the contrary, to expedite the expansion of electronic verification of income, the Department of Healthcare and Family Services may contract with an income verification service vendor for a contract term of up to 18 months in accordance with the Illinois Procurement Code and that the services of the vendor shall be available for verification of eligibility for any means-tested health benefits programs administered by the Department. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Personnel Code is amended by changing
Section 4d as follows:
(20 ILCS 415/4d) (from Ch. 127, par. 63b104d)
Sec. 4d. Partial exemptions. The following positions in
State service are exempt from jurisdictions A, B, and C to the
extent stated for each, unless those jurisdictions are extended
as provided in this Act:
(1) In each department, board or commission that now
maintains or may hereafter maintain a major administrative
division, service or office in both Sangamon County and Cook
County, 2 private secretaries for the director or chairman
thereof, one located in the Cook County office and the other
located in the Sangamon County office, shall be exempt from
jurisdiction B; in all other departments, boards and
commissions one private secretary for the director or chairman
thereof shall be exempt from jurisdiction B. In all
departments, boards and commissions one confidential assistant
for the director or chairman thereof shall be exempt from
jurisdiction B. This paragraph is subject to such modifications
or waiver of the exemptions as may be necessary to assure the

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continuity of federal contributions in those agencies
supported in whole or in part by federal funds.
(2) The resident administrative head of each State
charitable, penal and correctional institution, the chaplains
thereof, and all member, patient and inmate employees are
exempt from jurisdiction B.
(3) The Civil Service Commission, upon written
recommendation of the Director of Central Management Services,
shall exempt from jurisdiction B other positions which, in the
judgment of the Commission, involve either principal
administrative responsibility for the determination of policy
or principal administrative responsibility for the way in which
policies are carried out, except positions in agencies which
receive federal funds if such exemption is inconsistent with
federal requirements, and except positions in agencies
supported in whole by federal funds.
(4) All beauticians and teachers of beauty culture and
teachers of barbering, and all positions heretofore paid under
Section 1.22 of "An Act to standardize position titles and
salary rates", approved June 30, 1943, as amended, shall be
exempt from jurisdiction B.
(5) Licensed attorneys in positions as legal or technical
advisors, positions in the Department of Natural Resources
requiring incumbents to be either a registered professional
engineer or to hold a bachelor's degree in engineering from a
recognized college or university, licensed physicians in

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positions of medical administrator or physician or physician
specialist (including psychiatrists), and registered nurses
(except those registered nurses employed by the Department of
Public Health), except those in positions in agencies which
receive federal funds if such exemption is inconsistent with
federal requirements and except those in positions in agencies
supported in whole by federal funds, are exempt from
jurisdiction B only to the extent that the requirements of
Section 8b.1, 8b.3 and 8b.5 of this Code need not be met.
(6) All positions established outside the geographical
limits of the State of Illinois to which appointments of other
than Illinois citizens may be made are exempt from jurisdiction
B.
(7) Staff attorneys reporting directly to individual
Commissioners of the Illinois Workers' Compensation Commission
are exempt from jurisdiction B.
(8) Twenty selected Senior Public Service Administrator
positions within the Department of Healthcare and Family
Services designated by the Director of that agency as requiring
specific knowledge of healthcare administration, healthcare
finance, healthcare data analytics, or information technology
are exempt from jurisdiction B only to the extent that the
requirements of Sections 8b.1, 8b.3, and 8b.5 of this Code need
not be met.
(Source: P.A. 93-721, eff. 1-1-05.)

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Section 7. The Illinois Procurement Code is amended by
changing Section 20-30 as follows:
(30 ILCS 500/20-30)
Sec. 20-30. Emergency purchases.
(a) Conditions for use. In accordance with standards set by
rule, a purchasing agency may make emergency procurements
without competitive sealed bidding or prior notice when there
exists a threat to public health or public safety, or when
immediate expenditure is necessary for repairs to State
property in order to protect against further loss of or damage
to State property, to prevent or minimize serious disruption in
critical State services that affect health, safety, or
collection of substantial State revenues, or to ensure the
integrity of State records; provided, however, that the term of
the emergency purchase shall be limited to the time reasonably
needed for a competitive procurement, not to exceed 90 days. A
contract may be extended beyond 90 days if the chief
procurement officer determines additional time is necessary
and that the contract scope and duration are limited to the
emergency. Prior to execution of the extension, the chief
procurement officer must hold a public hearing and provide
written justification for all emergency contracts. Members of
the public may present testimony. Emergency procurements shall
be made with as much competition as is practicable under the
circumstances. A written description of the basis for the

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emergency and reasons for the selection of the particular
contractor shall be included in the contract file.
(b) Notice. Notice of all emergency procurements shall be
provided to the Procurement Policy Board and published in the
online electronic Bulletin no later than 3 business days after
the contract is awarded. Notice of intent to extend an
emergency contract shall be provided to the Procurement Policy
Board and published in the online electronic Bulletin at least
14 days before the public hearing. Notice shall include at
least a description of the need for the emergency purchase, the
contractor, and if applicable, the date, time, and location of
the public hearing. A copy of this notice and all documents
provided at the hearing shall be included in the subsequent
Procurement Bulletin. Before the next appropriate volume of the
Illinois Procurement Bulletin, the purchasing agency shall
publish in the Illinois Procurement Bulletin a copy of each
written description and reasons and the total cost of each
emergency procurement made during the previous month. When only
an estimate of the total cost is known at the time of
publication, the estimate shall be identified as an estimate
and published. When the actual total cost is determined, it
shall also be published in like manner before the 10th day of
the next succeeding month.
(c) Affidavits. A chief procurement officer making a
procurement under this Section shall file affidavits with the
Procurement Policy Board and the Auditor General within 10 days

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after the procurement setting forth the amount expended, the
name of the contractor involved, and the conditions and
circumstances requiring the emergency procurement. When only
an estimate of the cost is available within 10 days after the
procurement, the actual cost shall be reported immediately
after it is determined. At the end of each fiscal quarter, the
Auditor General shall file with the Legislative Audit
Commission and the Governor a complete listing of all emergency
procurements reported during that fiscal quarter. The
Legislative Audit Commission shall review the emergency
procurements so reported and, in its annual reports, advise the
General Assembly of procurements that appear to constitute an
abuse of this Section.
(d) Quick purchases. The chief procurement officer may
promulgate rules extending the circumstances by which a
purchasing agency may make purchases under this Section,
including but not limited to the procurement of items available
at a discount for a limited period of time.
(e) The changes to this Section made by this amendatory Act
of the 96th General Assembly apply to procurements executed on
or after its effective date.
(f) Notwithstanding any other law, rule, regulation, or
provision of any kind, the Department of Healthcare and Family
Services may procure goods and services for the verification of
income and eligibility from a vendor as an emergency
procurement within the meaning of subsection (a) of this

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Section to meet the agency's responsibilities as set forth
under Section 11-5.1 of the Illinois Public Aid Code, also
known as the Medicaid Reform Law, and may, moreover, enter into
a contract following that emergency procurement for a duration
of not more than 18 months. For purposes of this transaction
only, the acquisition of goods and services for income and
eligibility verification for purposes of compliance with
Section 11-5.1 of the Illinois Public Aid Code shall be deemed
an emergency within the meaning of subsection (a) of this
Section. For purposes of this transaction, the Department of
Healthcare and Family Services may conduct the procurement of
these goods and services, and enter into a contract for a
period not to exceed 18 months without adhering to the
requirements set forth in subsections (b), (c), and (d) of this
Section. The Director of the Department of Healthcare and
Family Services shall have the exclusive authority only with
respect to this transaction to conduct the procurement for the
necessary goods and services and subsequently enter into a
contract resulting from that procurement for a term not
exceeding 18 months.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795).)
Section 10. The Illinois Public Aid Code is amended by
changing Section 11-5.1 as follows:

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(305 ILCS 5/11-5.1)
Sec. 11-5.1. Eligibility verification. Notwithstanding any
other provision of this Code, with respect to applications for
medical assistance provided under Article V of this Code,
eligibility shall be determined in a manner that ensures
program integrity and complies with federal laws and
regulations while minimizing unnecessary barriers to
enrollment. To this end, as soon as practicable, and unless the
Department receives written denial from the federal
government, this Section shall be implemented:
(a) The Department of Healthcare and Family Services or its
designees shall:
(1) By no later than July 1, 2011, require verification
of, at a minimum, one month's income from all sources
required for determining the eligibility of applicants for
medical assistance under this Code. Such verification
shall take the form of pay stubs, business or income and
expense records for self-employed persons, letters from
employers, and any other valid documentation of income
including data obtained electronically by the Department
or its designees from other sources as described in
subsection (b) of this Section.
(2) By no later than October 1, 2011, require
verification of, at a minimum, one month's income from all
sources required for determining the continued eligibility
of recipients at their annual review of eligibility for

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medical assistance under this Code. Such verification
shall take the form of pay stubs, business or income and
expense records for self-employed persons, letters from
employers, and any other valid documentation of income
including data obtained electronically by the Department
or its designees from other sources as described in
subsection (b) of this Section. The Department shall send a
notice to recipients at least 60 days prior to the end of
their period of eligibility that informs them of the
requirements for continued eligibility. If a recipient
does not fulfill the requirements for continued
eligibility by the deadline established in the notice a
notice of cancellation shall be issued to the recipient and
coverage shall end on the last day of the eligibility
period. A recipient's eligibility may be reinstated
without requiring a new application if the recipient
fulfills the requirements for continued eligibility prior
to the end of the month following the last date of
coverage. Nothing in this Section shall prevent an
individual whose coverage has been cancelled from
reapplying for health benefits at any time.
(3) By no later than July 1, 2011, require verification
of Illinois residency.
(b) The Department shall establish or continue cooperative
arrangements with the Social Security Administration, the
Illinois Secretary of State, the Department of Human Services,

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the Department of Revenue, the Department of Employment
Security, and any other appropriate entity to gain electronic
access, to the extent allowed by law, to information available
to those entities that may be appropriate for electronically
verifying any factor of eligibility for benefits under the
Program. Data relevant to eligibility shall be provided for no
other purpose than to verify the eligibility of new applicants
or current recipients of health benefits under the Program.
Data shall be requested or provided for any new applicant or
current recipient only insofar as that individual's
circumstances are relevant to that individual's or another
individual's eligibility. Notwithstanding the provisions of
the Illinois Procurement Code to the contrary, in order to
expedite the expansion of electronic verification of income,
the Department of Healthcare and Family Services is authorized
to contract with an income verification service vendor for a
contract term of up to 18 months in accordance with the
procedures set forth for such procurement within subsection (f)
of Section 20-30 of the Illinois Procurement Code. The services
of such vendor shall be available for verification of
eligibility for any means-tested health benefits programs
administered by the Department of Healthcare and Family
Services.
(c) Within 90 days of the effective date of this amendatory
Act of the 96th General Assembly, the Department of Healthcare
and Family Services shall send notice to current recipients

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informing them of the changes regarding their eligibility
verification.
(Source: P.A. 96-1501, eff. 1-25-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.