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2005 Illinois Register

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2005 Illinois Register Powered By Docstoc
					Volume 29 Issue 40
September 30, 2005
Pages 14413-14598
                                            TABLE OF CONTENTS

                              September 30, 2005 Volume 29, Issue 40
PROPOSED RULES
     AGRICULTURE, DEPARTMENT OF
           Fairs Operating Under the Agricultural Fair Act
                 8 Ill. Adm. Code 260 ............................................................................14413
     CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF
           Pay Plan
                 80 Ill. Adm. Code 310 ..........................................................................14420
     EDUCATION, ILLINOIS STATE BOARD OF
           Certification
                 23 Ill. Adm. Code 25 ............................................................................14452
     FINANCIAL AND PROFESSIONAL REGULATION, DEPARTMENT OF
           Illinois Dental Practice Act
                 68 Ill. Adm. Code 1220 ........................................................................14455
     HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF
           Medical Payment
                 89 Ill. Adm. Code 140 ..........................................................................14463
           Hospital Services
                 89 Ill. Adm. Code 148 ..........................................................................14502
     PUBLIC HEALTH, ILLINOIS DEPARTMENT OF
           HIV/AIDS Confidentiality and Testing Code
                 77 Ill. Adm. Code 697 ..........................................................................14527
ADOPTED RULES
     CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF
           Extensions of Jurisdiction
                 80 Ill. Adm. Code 305 ..........................................................................14530
     COMMERCE COMMISSION, ILLINOIS
           Standards of Behavior for Commissioners and Commission
           Employees
                 83 Ill. Adm. Code 100 .........................................................................14535
           Uniform System of Accounts for Telecommunications Carriers
                 83 Ill. Adm. Code 710 .........................................................................14540
EMERGENCY RULES
     EDUCATION, ILLINOIS STATE BOARD OF
           Certification
                 23 Ill. Adm. Code 25 ...........................................................................14547
     PUBLIC HEALTH, ILLINOIS DEPARTMENT OF
           HIV/AIDS Confidentiality and Testing Code
                 77 Ill. Adm. Code 697 .........................................................................14558
JOINT COMMITTEE ON ADMINISTRATIVE RULES STATEMENT OF
OBJECTION TO PROPOSED RULEMAKING
     JOINT COMMITTEE ON ADMINISTRATIVE RULES
     EMPLOYMENT SECURITY, DEPARTMENT OF


                                                                                                                          i
           Notices, Records, Reports
                56 Ill. Adm. Code 2760 .......................................................................14585
JOINT COMMITTEE ON ADMINISTRATIVE RULES STATEMENT OF
RECOMMENDATION TO PROPOSED RULEMAKING
     JOINT COMMITTEE ON ADMINISTRATIVE RULES
     HUMAN SERVICES, DEPARTMENT OF
           Child Care
                89 Ill. Adm. Code 50 ...........................................................................14586
SECOND NOTICES RECEIVED
     JOINT COMMITTEE ON ADMINISTRATIVE RULES
           Second Notices Received.............................................................................14587
EXECUTIVE ORDERS AND PROCLAMATIONS
     PROCLAMATIONS
           National Disability Employment Awareness Month
                2005-302...............................................................................................14590
           National POW/MIA Recognition Day
                2005-303...............................................................................................14591
           Principals Day and Week
                2005-304...............................................................................................14591
           Manufacturing Week
                2005-305...............................................................................................14592
           Take a Loved One For a Checkup Day
                2005-306...............................................................................................14593
           Chicago International Children's Film Festival Days
                2005-307...............................................................................................14594
           Reflex Sympathetic Dystrophy/Complex Regional Pain Syndrome
           Awareness Month
                2005-308...............................................................................................14594
           National Adult Day Services Week
                2005-309...............................................................................................14596
           Foster Grandparents Month
                2005-310...............................................................................................14596
           National Temporary Help Week
                2005-311...............................................................................................14597
           The Month of the Young Adolescent
                2005-312...............................................................................................14598




                                                                                                                               ii
                                   ILLINOIS REGISTER                                    14413
                                                                                       05
                           DEPARTMENT OF AGRICULTURE

                         NOTICE OF PROPOSED AMENDMENTS

1)    Heading of the Part: Fairs Operating Under the Agricultural Fair Act

2)    Code Citation: 8 Ill. Adm. Code 260

3)    Section Numbers:      Proposed Action:
      260.300               Amendment
      260.305               Amendment

4)    Statutory Authority: Agricultural Fair Act [30 ILCS 120]

5)    A Complete Description of the Subjects and Issues Involved: Pursuant to Public Act 94-
      261, the Department is amending Sections 260.300 and 260.305 to reflect a change in the
      judge’s fee from $400 to $800.

6)    Published studies or reports, and sources of underlying data, used to compose this
      rulemaking: None

7)    Will this proposed rulemaking replace any emergency rulemaking in effect? No

8)    Does this rulemaking contain an automatic repeal date? No

9)    Does this proposed rulemaking contain incorporations by reference? No

10)   Are there any other proposed amendments pending on this Part? No

11)   Statement of Statewide Policy Objectives: This rulemaking does not affect units of local
      government.

12)   Time, Place and Manner in which interested persons may comment on this proposed
      rulemaking: A 45-day written comment period will begin on the day this Notice of
      Proposed rulemaking appears in the Illinois Register. Please mail written comments on
      the proposed rulemaking to the attention of:

             Linda Rhodes
             Illinois Department of Agriculture
             State Fairgrounds, P. O. Box 19281
             Springfield IL 62794-9281

             217/785-5713
             217/785-4505 (fax)
                                     ILLINOIS REGISTER                                 14414
                                                                                      05
                             DEPARTMENT OF AGRICULTURE

                          NOTICE OF PROPOSED AMENDMENTS


13)    Initial Regulatory Flexibility Analysis:

       A)     Types of small businesses, small municipalities and not-for-profit corporations
              affected: 4-H clubs

       B)     Reporting, bookkeeping or other procedures required for compliance: 4-H clubs
              will be required to submit eligible receipts.

       C)     Types of professional skills necessary for compliance: None

14)    Regulatory agenda on which this rulemaking was summarized: July 2005

The full text of the Proposed Amendments begins on the next page:
                               ILLINOIS REGISTER                                   14415
                                                                                  05
                       DEPARTMENT OF AGRICULTURE

                    NOTICE OF PROPOSED AMENDMENTS

                  TITLE 8: AGRICULTURE AND ANIMALS
                CHAPTER I: DEPARTMENT OF AGRICULTURE
                          SUBCHAPTER j: FAIRS

                              PART 260
          FAIRS OPERATING UNDER THE AGRICULTURAL FAIR ACT

                 SUBPART A: FAIRS OPERATING UNDER THE
                     AGRICULTURAL PREMIUM FUND

Section
260.5     Definitions
260.10    Appropriations
260.15    Declaration of Intention
260.20    Premium State Aid Payable on the Authorized Base
260.25    Denial of State Aid Claim (Repealed)
260.30    Premiums and Receipts for Premiums Paid
260.35    Stall or Pen Fees
260.40    Entry Fees and Entry Fee Certification Form
260.45    County Fair Organization and Operation
260.50    Exhibits and Livestock; Presence on the Fairgrounds and Early Release Procedure
260.55    Premium Book
260.60    Horse Racing – Harness and Running
260.65    Heavy Horses (Repealed)
260.70    Light Horses and Western Horses (Repealed)
260.75    Western Horse Shows (Repealed)
260.80    Livestock Classification and Registration Papers
260.85    Registration Papers (Repealed)
260.87    Open and Junior Jackpot Shows
260.90    Inspections and Inspectors Reports (Repealed)
260.95    Junior Classes
260.100   Premium Grand Summary Report
260.105   Growth Incentive Program
260.110   Pro Rata (Grant) Payments and Justification
260.115   Petitioning for Base Adjustments (Repealed)
260.117   Administrative Rules (Formal Administrative Hearings, Contested Cases,
          Petitions, and Administrative Procedures)

                           SUBPART B: FAIRS
               PARTICIPATING IN THE REHABILITATION FUND
                                ILLINOIS REGISTER                           14416
                                                                           05
                        DEPARTMENT OF AGRICULTURE

                     NOTICE OF PROPOSED AMENDMENTS


Section
260.200   Appropriation
260.205   Ownership of Grounds
260.207   Rehabilitation Declaration of Intent (Repealed)
260.210   Rehabilitation Claims
260.215   Major Building Projects (Repealed)
260.220   Rehabilitation Report and Receipts
260.225   Pro Rata Payments and Justification

               SUBPART C: PROCEDURES FOR PARTICIPATION
                            IN THE 4-H FUND

Section
260.300   Appropriation and Eligibility
260.305   A 4-H Claim Report
260.310   Pro Rata Payment and Justification (Repealed)

               SUBPART D: PROCEDURES FOR PARTICIPATION
                 IN THE VOCATIONAL AGRICULTURE FUND

Section
260.400   Appropriation
260.405   Eligibility for Premiums
260.410   List of Premiums Sent to Bureau (Repealed)
260.415   Vocational Agriculture Report of Premium Awards
260.420   Pro Rata Payments
260.425   Fiscal Accounting (Repealed)

                 SUBPART E: FAIRS OPERATING UNDER THE
                      FAIR AND EXPOSITION FUND

Section
260.500   Appropriation (Repealed)
260.505   Eligibility
260.510   Ownership or Leasing of Grounds
260.515   Declaration of Intention and Construction Plans/Specifications
260.520   Transfer of Funds (Repealed)
260.522   Entry Fee Certification Form and Premium Books
260.524   Premium State Aid Payable on the Authorized Base
                                     ILLINOIS REGISTER                                      14417
                                                                                           05
                             DEPARTMENT OF AGRICULTURE

                          NOTICE OF PROPOSED AMENDMENTS

260.525        Penal Bond
260.530        Expenditure of Funds
260.535        Accumulation of Funds for Major Building Projects (Repealed)
260.537        Premium Grand Summary Report and Fair and Exposition Financial Statement
               and Receipts
260.540        Administrative Rules (Formal Administrative Hearings, Contested Cases,
               Petitions, and Administrative Procedures)

AUTHORITY: Implementing and authorized by the Agricultural Fair Act [30 ILCS 120].

SOURCE: Rules and Regulations Governing Fairs Operating Under The Agricultural Fair Act,
filed December 6, 1977, effective January 1, 1978; codified at 5 Ill. Reg. 10529; amended at 6
Ill. Reg. 4109, effective April 6, 1982; amended at 9 Ill. Reg. 3233, effective March 1, 1985;
amended at 10 Ill. Reg. 7654, effective April 28, 1986; amended at 11 Ill. Reg. 10175, effective
May 15, 1987; amended at 21 Ill. Reg. 2139, effective January 29, 1997; amended at 26 Ill. Reg.
5122, effective April 1, 2002; amended at 28 Ill. Reg. 11091, effective July 23, 2004; amended at
29 Ill. Reg. ______, effective ____________.

            SUBPART C: PROCEDURES FOR PARTICIPATION IN THE 4-H FUND

Section 260.300 Appropriation and Eligibility

       a)      University of Illinois extension units shall be eligible to participate in
               appropriations made to the Department of Agriculture for premiums and judges'
               fees paid at county 4-H shows or exhibitions approved by the State 4-H Office
               and based on the Accountability for Agricultural Premiums report in the
               following order in accordance with the provisions of Section 14 of the Act:

               1)     cash premiums awarded; and

               2)     judges' fees paid (not to exceed $800400).

       b)      County 4-H shows or exhibitions must have separate and distinct classes from
               junior and open show classes.

       c)      All exhibit classes or types of projects must be approved by the University of
               Illinois Extension State 4-H Office within three weeks prior to the show or
               exhibition.

       d)      All projects must be competitively judged and exhibited at a public display where
                                   ILLINOIS REGISTER                                       14418
                                                                                          05
                           DEPARTMENT OF AGRICULTURE

                        NOTICE OF PROPOSED AMENDMENTS

             reasonable prior public notice of the event has been given. If judged and
             exhibited at a county fair, the projects must be shown and judged separately from
             junior and open show classes.

      e)     The amount or method used to determine the amount of the 4-H premium must be
             publicly stated and notice sent to the University of Illinois Extension State 4-H
             Office in advance of the show or exhibition. The premium amounts must be on a
             graduated scale.

      f)     Only one show or exhibition of a class or type of project work will be eligible for
             awards as provided in Section 14 of the Agricultural Fair Act.

      g)     Only awards to eligible 4-H members during the current year are eligible for
             reimbursement.

      h)     Livestock and exhibits must be on the fairgrounds on the opening day of the 4-H
             show and remain until the close of the 4-H show, unless earlier dismissal is
             granted by the Bureau in accordance with Section 260.50(a).

      (Source: Amended at 29 Ill. Reg. ______, effective ____________)

Section 260.305 A 4-H Claim Report

      a)     The State 4-H Office shall notify the Bureau of the number of 4-H premium
             eligible members in each county or unit before December 31 of each year.

      b)     Extension leaders of each county or unit designated by the State 4-H Office shall
             certify to the State 4-H officer under oath, on a blank form furnished by the
             Department, the amount paid out in premiums, judges' fees and ribbons at the 4-
             H shows or exhibitions for the current year, and the name of the officer or
             organization making the payments and the number of eligible members enrolled
             for the current year [30 ILCS 120/14]. Records verifying award recipients must
             be available and maintained for three years for official review.

      c)     Extension leaders shall file this report with the Bureau on or before December 31
             of each year (postmarked December 31 is acceptable). If the deadline is not met,
             a 5% penalty fee of total premiums claimed will be assessed each day the report is
             late and then subtracted from the total claim of the unit.

      d)     The extension leader of each county or unit shall provide itemized signed receipts
                             ILLINOIS REGISTER                                      14419
                                                                                   05
                     DEPARTMENT OF AGRICULTURE

                  NOTICE OF PROPOSED AMENDMENTS

       as evidence of the eligible certified amounts to the State 4-H Office. Before
       December 31 of each year the State 4-H Office shall file with the Department
       certification of the eligible amount claimed for premiums awarded, judges' fees
       and ribbons, along with the claim report for each county or unit.

e)     The Department will reimburse each county or unit at a rate calculated under this
       subsection (e). The appropriation will be divided by the total number of certified
       eligible 4-H members in all counties or units as certified by the State 4-H Office
       before December 31 of each year, then multiplied by the State 4-H Office
       certified number of individual eligible members for the county or unit. The
       amount for reimbursement shall be justified by receipted expenditures received in
       the Bureau with the current report by December 31 in the following order:

      1)      cash premiums awarded; and

      2)      judges' fees (not to exceed $800400).

f)     If there remains an amount of the appropriation after claims has been paid as
       specified in subsection (e), the Department shall provide reimbursement to each
       county or unit in the following order:

       1)     excess cash premiums awarded;

       2)     excess judges' fees; and

       3)     ribbons.

       The above reimbursements shall be justified by receipted expenditures already
       submitted to the Bureau on or before December 31 with the current year's 4-H
       report.

(Source: Amended at 29 Ill. Reg. ______, effective ____________)
                                   ILLINOIS REGISTER                                        14420
                                                                                           05
              DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                        NOTICE OF PROPOSED AMENDMENTS

1)   Heading of the Part: Pay Plan

2)   Code Citation: 80 Ill. Adm. Code 310

3)   Section Numbers:                      Proposed Action:
     310.50                                Amendment
     310.100                               Amendment
     310.290                               Amendment
     310.410                               Amendment
     310.490                               Amendment
     310.Appendix Table AA                 Amendment
     310.Appendix D                        Amendment

4)   Statutory Authority: Authorized by Sections 8 and 8a of the Personnel Code [20 ILCS
     415/8 and 20 ILCS 415/8a]

5)   A Complete Description of the Subjects and Issues Involved: In Section 310.50
     Definitions, the effective date of January 1, 2002 in the definition for Salary Range is not
     needed and, therefore, is removed.

     Section 310.100 Other Pay Provisions is amended to reflect that an Administrative Leave
     does not affect an employee’s pay. The Personnel Rules Section 302.795 Administrative
     Leave was added at 29 Ill. Reg. 11800, effective July 14, 2005. Also, effective dates are
     not needed in Section 310.100 (k) (1) or (2), or (l) and, therefore, are removed.

     In Section 310.290 Out-of-State or Foreign Service Rate, the effective date is not needed
     in the table’s column heading and, therefore, is removed.

     In Section 310.410 Jurisdiction, the Mental Health Program Administrator classification
     and its salary plan are added to the list of merit compensation titles. On September 15,
     2005, the Civil Service Commission approved this new classification.

     In Section 310.490 Other Pay Provisions (m), the effective date is not needed and,
     therefore, is removed.

     In Section 310.Appendix A Table AA NR-916 (Department of Natural Resources,
     Teamsters), ranges for the titles are changed to accommodate the increases effective July
     1, 2005 and January 1, 2006 in the Agreement between the Departments of Central
     Management Services, Natural Resources, and Transportation and Teamsters Local 916,
     July 1, 2004 through June 30, 2008. The increase effective July 1, 2005 for all
                                   ILLINOIS REGISTER                                      14421
                                                                                         05
              DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                        NOTICE OF PROPOSED AMENDMENTS

     employees is 2%, and the increase effective January 1, 2006 for employees in their title
     five or more years and paid below the title’s mid-range is 3%.

     In Section 310.Appendix D Merit Compensation System Salary Schedule for Fiscal Year
     2006, a salary range of MC-20 is added.

6)   Will this rulemaking replace any emergency rulemakings currently in effect? No

7)   Does this rulemaking contain an automatic repeal date? No

8)   Does this rulemaking contain incorporations by reference? No

9)   Are there any other proposed amendments pending on this Part? Yes

     Section Numbers              Proposed Action    Ill. Reg. Citation
     310.Appendix A, Table D      Amendment              28 Ill. Reg. 13949, 10/29/04
     310.Appendix A, Table E      Amendment              28 Ill. Reg. 13949, 10/29/04
     310.Appendix A, Table F      Amendment              28 Ill. Reg. 13949, 10/29/04
     310.50                       Amendment              29 Ill. Reg. 12683, 8/19/05
     310.80                       Amendment              29 Ill. Reg. 12683, 8/19/05
     310.100                      Amendment              29 Ill. Reg. 12683, 8/19/05
     310.210                      Amendment              29 Ill. Reg. 12683, 8/19/05
     310.220                      Amendment              29 Ill. Reg. 12683, 8/19/05
     310.230                      Amendment              29 Ill. Reg. 12683, 8/19/05
     310.270                      Amendment              29 Ill. Reg. 12683, 8/19/05
     310.280                      Amendment              29 Ill. Reg. 12683, 8/19/05
     310.290                      Amendment              29 Ill. Reg. 12683, 8/19/05
     310.410                      Amendment              29 Ill. Reg. 12683, 8/19/05
     310.Appendix A Table G       Amendment              29 Ill. Reg. 12683, 8/19/05
     310.Appendix A Table H       Amendment              29 Ill. Reg. 12683, 8/19/05
     310.Appendix A Table I       Amendment              29 Ill. Reg. 12683, 8/19/05
     310.Appendix A Table J       Amendment              29 Ill. Reg. 12683, 8/19/05
     310.Appendix A Table K       Amendment              29 Ill. Reg. 12683, 8/19/05
     310.Appendix A Table N       Amendment              29 Ill. Reg. 12683, 8/19/05
     310.Appendix A Table O       Amendment              29 Ill. Reg. 12683, 8/19/05
     310.Appendix A Table P       Amendment              29 Ill. Reg. 12683, 8/19/05
     310.Appendix A Table R       Amendment              29 Ill. Reg. 12683, 8/19/05
     310.Appendix A Table V       Amendment              29 Ill. Reg. 12683, 8/19/05
     310.Appendix A Table W       Amendment              29 Ill. Reg. 12683, 8/19/05
     310.Appendix A Table X       Amendment              29 Ill. Reg. 12683, 8/19/05
                                     ILLINOIS REGISTER                                     14422
                                                                                          05
                DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                          NOTICE OF PROPOSED AMENDMENTS

       Section Numbers               Proposed Action   Ill. Reg. Citation
       310.Appendix A Table Y        Amendment             29 Ill. Reg. 12683, 8/19/05
       310.Appendix A Table Z        Amendment             29 Ill. Reg. 12683, 8/19/05
       310.Appendix B                Amendment             29 Ill. Reg. 12683, 8/19/05

10)    Statement of Statewide Policy Objective: These amendments to the Pay Plan affect only
       the employees subject to the Personnel Code and do not set out any guidelines that affect
       local or other jurisdictions in the State.

11)    Time, Place, and Manner in which interested persons may comment on this proposed
       rulemaking:

              Mr. Jason Doggett
              Acting Manager
              Compensation Section
              Division of Technical Services and Agency Training and Development
              Bureau of Personnel
              Department of Central Management Services
              504 William G. Stratton Building
              Springfield IL 62706

              217/782-7964
              Fax: 217/524-4570

12)    Initial Regulatory Flexibility Analysis:

       A)     Types of small businesses, small municipalities and not for profit corporations
              affected: None

       B)     Reporting, bookkeeping or other procedures required for compliance: None

       C)     Types of Professional skills necessary for compliance: None

13)    Regulatory Agenda on which this rulemaking was summarized: July 2005.

14)    Does this amendment require the review of the Procurement Policy Board as specified in
       Section 5-25 of the Illinois Procurement Code [30 ILCS 500/5-25]? No

The full text of the Proposed Amendments begins on the next page:
                                  ILLINOIS REGISTER                                14423
                                                                                  05
              DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                       NOTICE OF PROPOSED AMENDMENTS

                  TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
                SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND
                           POSITION CLASSIFICATIONS
          CHAPTER I: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                                        PART 310
                                       PAY PLAN

                              SUBPART A: NARRATIVE

Section
310.20       Policy and Responsibilities
310.30       Jurisdiction
310.40       Pay Schedules
310.50       Definitions
310.60       Conversion of Base Salary to Pay Period Units
310.70       Conversion of Base Salary to Daily or Hourly Equivalents
310.80       Increases in Pay
310.90       Decreases in Pay
310.100      Other Pay Provisions
310.110      Implementation of Pay Plan Changes for Fiscal Year 2006
310.120      Interpretation and Application of Pay Plan
310.130      Effective Date
310.140      Reinstitution of Within Grade Salary Increases (Repealed)
310.150      Fiscal Year 1985 Pay Changes in Schedule of Salary Grades, effective July 1,
             1984 (Repealed)

                         SUBPART B: SCHEDULE OF RATES

Section
310.205      Introduction
310.210      Prevailing Rate
310.220      Negotiated Rate
310.230      Part-Time Daily or Hourly Special Services Rate
310.240      Hourly Rate
310.250      Member, Patient and Inmate Rate
310.260      Trainee Rate
310.270      Legislated and Contracted Rate
310.280      Designated Rate
310.290      Out-of-State or Foreign Service Rate
                                 ILLINOIS REGISTER                                   14424
                                                                                    05
              DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                      NOTICE OF PROPOSED AMENDMENTS

310.300     Educator Schedule for RC-063 and HR-010
310.310     Physician Specialist Rate
310.320     Annual Compensation Ranges for Executive Director and Assistant Executive
            Director, State Board of Elections (Repealed)
310.330     Excluded Classes Rate (Repealed)

                  SUBPART C: MERIT COMPENSATION SYSTEM

Section
310.410     Jurisdiction
310.420     Objectives
310.430     Responsibilities
310.440     Merit Compensation Salary Schedule
310.450     Procedures for Determining Annual Merit Increases
310.455     Intermittent Merit Increase
310.456     Merit Zone (Repealed)
310.460     Other Pay Increases
310.470     Adjustment
310.480     Decreases in Pay
310.490     Other Pay Provisions
310.495     Broad-Band Pay Range Classes
310.500     Definitions
310.510     Conversion of Base Salary to Pay Period Units (Repealed)
310.520     Conversion of Base Salary to Daily or Hourly Equivalents
310.530     Implementation
310.540     Annual Merit Increase Guidechart for Fiscal Year 2006
310.550     Fiscal Year 1985 Pay Changes in Merit Compensation System, effective July 1,
            1984 (Repealed)

310.APPENDIX A Negotiated Rates of Pay
      310.TABLE A     HR-190 (Department of Central Management Services – State of
                      Illinois Building – SEIU) (Repealed)
      310.TABLE B     HR-200 (Department of Labor – Chicago, Illinois – SEIU)
                      (Repealed)
      310.TABLE C     RC-069 (Firefighters, AFSCME) (Repealed)
      310.TABLE D     HR-001 (Teamsters Local #726)
      310.TABLE E     RC-020 (Teamsters Local #330)
      310.TABLE F     RC-019 (Teamsters Local #25)
      310.TABLE G     RC-045 (Automotive Mechanics, IFPE)
      310.TABLE H     RC-006 (Corrections Employees, AFSCME)
                                    ILLINOIS REGISTER                                   14425
                                                                                       05
                DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                         NOTICE OF PROPOSED AMENDMENTS

       310.TABLE I       RC-009 (Institutional Employees, AFSCME)
       310.TABLE J       RC-014 (Clerical Employees, AFSCME)
       310.TABLE K       RC-023 (Registered Nurses, INA)
       310.TABLE L       RC-008 (Boilermakers)
       310.TABLE M       RC-110 (Conservation Police Lodge)
       310.TABLE N       RC-010 (Professional Legal Unit, AFSCME)
       310.TABLE O       RC-028 (Paraprofessional Human Services Employees, AFSCME)
       310.TABLE P       RC-029 (Paraprofessional Investigatory and Law Enforcement
                         Employees, IFPE)
      310.TABLE Q        RC-033 (Meat Inspectors, IFPE)
      310.TABLE R        RC-042 (Residual Maintenance Workers, AFSCME)
      310.TABLE S        HR-012 (Fair Employment Practices Employees, SEIU)
                         (Repealed)
      310.TABLE T        HR-010 (Teachers of Deaf, IFT)
      310.TABLE U        HR-010 (Teachers of Deaf, Extracurricular Paid Activities)
      310.TABLE V        CU-500 (Corrections Meet and Confer Employees)
      310.TABLE W        RC-062 (Technical Employees, AFSCME)
      310.TABLE X        RC-063 (Professional Employees, AFSCME)
      310.TABLE Y        RC-063 (Educators, AFSCME)
      310.TABLE Z        RC-063 (Physicians, AFSCME)
      310.TABLE AA       NR-916 (Department of Natural Resources, Teamsters)
      310.TABLE AB       VR-007 (Plant Maintenance Engineers, Operating Engineers)
                         (Repealed)
310.APPENDIX B Schedule of Salary Grades – Monthly Rates of Pay for Fiscal Year 2006
310.APPENDIX C Medical Administrator Rates for Fiscal Year 2006
310.APPENDIX D Merit Compensation System Salary Schedule for Fiscal Year 2006
310.APPENDIX E Teaching Salary Schedule (Repealed)
310.APPENDIX F    Physician and Physician Specialist Salary Schedule (Repealed)
310.APPENDIX G Broad-Band Pay Range Classes Salary Schedule for Fiscal Year 2006

AUTHORITY: Implementing and authorized by Sections 8 and 8a of the Personnel Code [20
ILCS 415/8 and 8a].

SOURCE: Filed June 28, 1967; codified at 8 Ill. Reg. 1558; emergency amendment at 8 Ill. Reg.
1990, effective January 31, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 2440,
effective February 15, 1984; emergency amendment at 8 Ill. Reg. 3348, effective March 5, 1984,
for a maximum of 150 days; emergency amendment at 8 Ill. Reg. 4249, effective March 16,
1984, for a maximum of 150 days; emergency amendment at 8 Ill. Reg. 5704, effective April 16,
1984, for a maximum of 150 days; emergency amendment at 8 Ill. Reg. 7290, effective May 11,
1984, for a maximum of 150 days; amended at 8 Ill. Reg. 11299, effective June 25, 1984;
                                    ILLINOIS REGISTER                                     14426
                                                                                         05
                DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                         NOTICE OF PROPOSED AMENDMENTS

emergency amendment at 8 Ill. Reg. 12616, effective July 1, 1984, for a maximum of 150 days;
emergency amendment at 8 Ill. Reg. 15007, effective August 6, 1984, for a maximum of 150
days; amended at 8 Ill. Reg. 15367, effective August 13, 1984; emergency amendment at 8 Ill.
Reg. 21310, effective October 10, 1984, for a maximum of 150 days; amended at 8 Ill. Reg.
21544, effective October 24, 1984; amended at 8 Ill. Reg. 22844, effective November 14, 1984;
emergency amendment at 9 Ill. Reg. 1134, effective January 16, 1985, for a maximum of 150
days; amended at 9 Ill. Reg. 1320, effective January 23, 1985; amended at 9 Ill. Reg. 3681,
effective March 12, 1985; emergency amendment at 9 Ill. Reg. 4163, effective March 15, 1985,
for a maximum of 150 days; emergency amendment at 9 Ill. Reg. 9231, effective May 31, 1985,
for a maximum of 150 days; amended at 9 Ill. Reg. 9420, effective June 7, 1985; amended at 9
Ill. Reg. 10663, effective July 1, 1985; emergency amendment at 9 Ill. Reg. 15043, effective
September 24, 1985, for a maximum of 150 days; peremptory amendment at 10 Ill. Reg. 3325,
effective January 22, 1986; amended at 10 Ill. Reg. 3230, effective January 24, 1986; emergency
amendment at 10 Ill. Reg. 8904, effective May 13, 1986, for a maximum of 150 days;
peremptory amendment at 10 Ill. Reg. 8928, effective May 13, 1986; emergency amendment at
10 Ill. Reg. 12090, effective June 30, 1986, for a maximum of 150 days; peremptory amendment
at 10 Ill. Reg. 13675, effective July 31, 1986; peremptory amendment at 10 Ill. Reg. 14867,
effective August 26, 1986; amended at 10 Ill. Reg. 15567, effective September 17, 1986;
emergency amendment at 10 Ill. Reg. 17765, effective September 30, 1986, for a maximum of
150 days; peremptory amendment at 10 Ill. Reg. 19132, effective October 28, 1986; peremptory
amendment at 10 Ill. Reg. 21097, effective December 9, 1986; amended at 11 Ill. Reg. 648,
effective December 22, 1986; peremptory amendment at 11 Ill. Reg. 3363, effective February 3,
1987; peremptory amendment at 11 Ill. Reg. 4388, effective February 27, 1987; peremptory
amendment at 11 Ill. Reg. 6291, effective March 23, 1987; amended at 11 Ill. Reg. 5901,
effective March 24, 1987; emergency amendment at 11 Ill. Reg. 8787, effective April 15, 1987,
for a maximum of 150 days; emergency amendment at 11 Ill. Reg. 11830, effective July 1, 1987,
for a maximum of 150 days; peremptory amendment at 11 Ill. Reg. 13675, effective July 29,
1987; amended at 11 Ill. Reg. 14984, effective August 27, 1987; peremptory amendment at 11
Ill. Reg. 15273, effective September 1, 1987; peremptory amendment at 11 Ill. Reg. 17919,
effective October 19, 1987; peremptory amendment at 11 Ill. Reg. 19812, effective November
19, 1987; emergency amendment at 11 Ill. Reg. 20664, effective December 4, 1987, for a
maximum of 150 days; amended at 11 Ill. Reg. 20778, effective December 11, 1987; peremptory
amendment at 12 Ill. Reg. 3811, effective January 27, 1988; peremptory amendment at 12 Ill.
Reg. 5459, effective March 3, 1988; amended at 12 Ill. Reg. 6073, effective March 21, 1988;
peremptory amendment at 12 Ill. Reg. 7783, effective April 14, 1988; emergency amendment at
12 Ill. Reg. 7734, effective April 15, 1988, for a maximum of 150 days; peremptory amendment
at 12 Ill. Reg. 8135, effective April 22, 1988; peremptory amendment at 12 Ill. Reg. 9745,
effective May 23, 1988; emergency amendment at 12 Ill. Reg. 11778, effective July 1, 1988, for
a maximum of 150 days; emergency amendment at 12 Ill. Reg. 12895, effective July 18, 1988,
for a maximum of 150 days; peremptory amendment at 12 Ill. Reg. 13306, effective July 27,
                                    ILLINOIS REGISTER                                     14427
                                                                                         05
                DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                          NOTICE OF PROPOSED AMENDMENTS

1988; corrected at 12 Ill. Reg. 13359; amended at 12 Ill. Reg. 14630, effective September 6,
1988; amended at 12 Ill. Reg. 20449, effective November 28, 1988; peremptory amendment at
12 Ill. Reg. 20584, effective November 28, 1988; peremptory amendment at 13 Ill. Reg. 8080,
effective May 10, 1989; amended at 13 Ill. Reg. 8849, effective May 30, 1989; peremptory
amendment at 13 Ill. Reg. 8970, effective May 26, 1989; emergency amendment at 13 Ill. Reg.
10967, effective June 20, 1989, for a maximum of 150 days; emergency amendment expired on
November 17, 1989; amended at 13 Ill. Reg. 11451, effective June 28, 1989; emergency
amendment at 13 Ill. Reg. 11854, effective July 1, 1989, for a maximum of 150 days; corrected
at 13 Ill. Reg. 12647; peremptory amendment at 13 Ill. Reg. 12887, effective July 24, 1989;
amended at 13 Ill. Reg. 16950, effective October 20, 1989; amended at 13 Ill. Reg. 19221,
effective December 12, 1989; amended at 14 Ill. Reg. 615, effective January 2, 1990; peremptory
amendment at 14 Ill. Reg. 1627, effective January 11, 1990; amended at 14 Ill. Reg. 4455,
effective March 12, 1990; peremptory amendment at 14 Ill. Reg. 7652, effective May 7, 1990;
amended at 14 Ill. Reg. 10002, effective June 11, 1990; emergency amendment at 14 Ill. Reg.
11330, effective June 29, 1990, for a maximum of 150 days; amended at 14 Ill. Reg. 14361,
effective August 24, 1990; emergency amendment at 14 Ill. Reg. 15570, effective September 11,
1990, for a maximum of 150 days; emergency amendment expired on February 8, 1991;
corrected at 14 Ill. Reg. 16092; peremptory amendment at 14 Ill. Reg. 17098, effective
September 26, 1990; amended at 14 Ill. Reg. 17189, effective October 2, 1990; amended at 14
Ill. Reg. 17189, effective October 19, 1990; amended at 14 Ill. Reg. 18719, effective November
13, 1990; peremptory amendment at 14 Ill. Reg. 18854, effective November 13, 1990;
peremptory amendment at 15 Ill. Reg. 663, effective January 7, 1991; amended at 15 Ill. Reg.
3296, effective February 14, 1991; amended at 15 Ill. Reg. 4401, effective March 11, 1991;
peremptory amendment at 15 Ill. Reg. 5100, effective March 20, 1991; peremptory amendment
at 15 Ill. Reg. 5465, effective April 2, 1991; emergency amendment at 15 Ill. Reg. 10485,
effective July 1, 1991, for a maximum of 150 days; amended at 15 Ill. Reg. 11080, effective July
19, 1991; amended at 15 Ill. Reg. 13080, effective August 21, 1991; amended at 15 Ill. Reg.
14210, effective September 23, 1991; emergency amendment at 16 Ill. Reg. 711, effective
December 26, 1991, for a maximum of 150 days; amended at 16 Ill. Reg. 3450, effective
February 20, 1992; peremptory amendment at 16 Ill. Reg. 5068, effective March 11, 1992;
peremptory amendment at 16 Ill. Reg. 7056, effective April 20, 1992; emergency amendment at
16 Ill. Reg. 8239, effective May 19, 1992, for a maximum of 150 days; amended at 16 Ill. Reg.
8382, effective May 26, 1992; emergency amendment at 16 Ill. Reg. 13950, effective August 19,
1992, for a maximum of 150 days; emergency amendment at 16 Ill. Reg. 14452, effective
September 4, 1992, for a maximum of 150 days; amended at 17 Ill. Reg. 238, effective
December 23, 1992; peremptory amendment at 17 Ill. Reg. 498, effective December 18, 1992;
amended at 17 Ill. Reg. 590, effective January 4, 1993; amended at 17 Ill. Reg. 1819, effective
February 2, 1993; amended at 17 Ill. Reg. 6441, effective April 8, 1993; emergency amendment
at 17 Ill. Reg. 12900, effective July 22, 1993, for a maximum of 150 days; amended at 17 Ill.
Reg. 13409, effective July 29, 1993; emergency amendment at 17 Ill. Reg. 13789, effective
                                      ILLINOIS REGISTER                                      14428
                                                                                            05
                 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                          NOTICE OF PROPOSED AMENDMENTS

August 9, 1993, for a maximum of 150 days; emergency amendment at 17 Ill. Reg. 14666,
effective August 26, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 19103, effective
October 25, 1993; emergency amendment at 17 Ill. Reg. 21858, effective December 1, 1993, for
a maximum of 150 days; amended at 17 Ill. Reg. 22514, effective December 15, 1993; amended
at 18 Ill. Reg. 227, effective December 17, 1993; amended at 18 Ill. Reg. 1107, effective January
18, 1994; amended at 18 Ill. Reg. 5146, effective March 21, 1994; peremptory amendment at 18
Ill. Reg. 9562, effective June 13, 1994; emergency amendment at 18 Ill. Reg. 11299, effective
July 1, 1994, for a maximum of 150 days; peremptory amendment at 18 Ill. Reg. 13476,
effective August 17, 1994; emergency amendment at 18 Ill. Reg. 14417, effective September 9,
1994, for a maximum of 150 days; amended at 18 Ill. Reg. 16545, effective October 31, 1994;
peremptory amendment at 18 Ill. Reg. 16708, effective October 28, 1994; amended at 18 Ill.
Reg. 17191, effective November 21, 1994; amended at 19 Ill. Reg. 1024, effective January 24,
1995; peremptory amendment at 19 Ill. Reg. 2481, effective February 17, 1995; peremptory
amendment at 19 Ill. Reg. 3073, effective February 17, 1995; amended at 19 Ill. Reg. 3456,
effective March 7, 1995; peremptory amendment at 19 Ill. Reg. 5145, effective March 14, 1995;
amended at 19 Ill. Reg. 6452, effective May 2, 1995; peremptory amendment at 19 Ill. Reg.
6688, effective May 1, 1995; amended at 19 Ill. Reg. 7841, effective June 1, 1995; amended at
19 Ill. Reg. 8156, effective June 12, 1995; amended at 19 Ill. Reg. 9096, effective June 27, 1995;
emergency amendment at 19 Ill. Reg. 11954, effective August 1, 1995, for a maximum of 150
days; peremptory amendment at 19 Ill. Reg. 13979, effective September 19, 1995; peremptory
amendment at 19 Ill. Reg. 15103, effective October 12, 1995; amended at 19 Ill. Reg. 16160,
effective November 28, 1995; amended at 20 Ill. Reg. 308, effective December 22, 1995;
emergency amendment at 20 Ill. Reg. 4060, effective February 27, 1996, for a maximum of 150
days; peremptory amendment at 20 Ill. Reg. 6334, effective April 22, 1996; peremptory
amendment at 20 Ill. Reg. 7434, effective May 14, 1996; amended at 20 Ill. Reg. 8301, effective
June 11, 1996; amended at 20 Ill. Reg. 8657, effective June 20, 1996; amended at 20 Ill. Reg.
9006, effective June 26, 1996; amended at 20 Ill. Reg. 9925, effective July 10, 1996; emergency
amendment at 20 Ill. Reg. 10213, effective July 15, 1996, for a maximum of 150 days; amended
at 20 Ill. Reg. 10841, effective August 5, 1996; peremptory amendment at 20 Ill. Reg. 13408,
effective September 24, 1996; amended at 20 Ill. Reg. 15018, effective November 7, 1996;
peremptory amendment at 20 Ill. Reg. 15092, effective November 7, 1996; emergency
amendment at 21 Ill. Reg. 1023, effective January 6, 1997, for a maximum of 150 days; amended
at 21 Ill. Reg. 1629, effective January 22, 1997; amended at 21 Ill. Reg. 5144, effective April 15,
1997; amended at 21 Ill. Reg. 6444, effective May 15, 1997; amended at 21 Ill. Reg. 7118,
effective June 3, 1997; emergency amendment at 21 Ill. Reg. 10061, effective July 21, 1997, for
a maximum of 150 days; emergency amendment at 21 Ill. Reg. 12859, effective September 8,
1997, for a maximum of 150 days; peremptory amendment at 21 Ill. Reg. 14267, effective
October 14, 1997; peremptory amendment at 21 Ill. Reg. 14589, effective October 15, 1997;
peremptory amendment at 21 Ill. Reg. 15030, effective November 10, 1997; amended at 21 Ill.
Reg. 16344, effective December 9, 1997; peremptory amendment at 21 Ill. Reg. 16465, effective
                                    ILLINOIS REGISTER                                    14429
                                                                                        05
                DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                         NOTICE OF PROPOSED AMENDMENTS

December 4, 1997; peremptory amendment at 21 Ill. Reg. 17167, effective December 9, 1997;
peremptory amendment at 22 Ill. Reg. 1593, effective December 22, 1997; amended at 22 Ill.
Reg. 2580, effective January 14, 1998; peremptory amendment at 22 Ill. Reg. 4326, effective
February 13, 1998; peremptory amendment at 22 Ill. Reg. 5108, effective February 26, 1998;
peremptory amendment at 22 Ill. Reg. 5749, effective March 3, 1998; amended at 22 Ill. Reg.
6204, effective March 12, 1998; peremptory amendment at 22 Ill. Reg. 7053, effective April 1,
1998; peremptory amendment at 22 Ill. Reg. 7320, effective April 10, 1998; peremptory
amendment at 22 Ill. Reg. 7692, effective April 20, 1998; emergency amendment at 22 Ill. Reg.
12607, effective July 2, 1998, for a maximum of 150 days; peremptory amendment at 22 Ill.
Reg. 15489, effective August 7, 1998; amended at 22 Ill. Reg. 16158, effective August 31, 1998;
peremptory amendment at 22 Ill. Reg. 19105, effective September 30, 1998; peremptory
amendment at 22 Ill. Reg. 19943, effective October 27, 1998; peremptory amendment at 22 Ill.
Reg. 20406, effective November 5, 1998; amended at 22 Ill. Reg. 20581, effective November 16,
1998; amended at 23 Ill. Reg. 664, effective January 1, 1999; peremptory amendment at 23 Ill.
Reg. 730, effective December 29, 1998; emergency amendment at 23 Ill. Reg. 6533, effective
May 10, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 7065, effective June 3, 1999;
emergency amendment at 23 Ill. Reg. 8169, effective July 1, 1999, for a maximum of 150 days;
amended at 23 Ill. Reg. 11020, effective August 26, 1999; amended at 23 Ill. Reg. 12429,
effective September 21, 1999; peremptory amendment at 23 Ill. Reg. 12493, effective September
23, 1999; amended at 23 Ill. Reg. 12604, effective September 24, 1999; amended at 23 Ill. Reg.
13053, effective September 27, 1999; peremptory amendment at 23 Ill. Reg. 13132, effective
October 1, 1999; amended at 23 Ill. Reg. 13570, effective October 26, 1999; amended at 23 Ill.
Reg. 14020, effective November 15, 1999; amended at 24 Ill. Reg. 1025, effective January 7,
2000; peremptory amendment at 24 Ill. Reg. 3399, effective February 3, 2000; amended at 24 Ill.
Reg. 3537, effective February 18, 2000; amended at 24 Ill. Reg. 6874, effective April 21, 2000;
amended at 24 Ill. Reg. 7956, effective May 23, 2000; emergency amendment at 24 Ill. Reg.
10328, effective July 1, 2000, for a maximum of 150 days; emergency expired November 27,
2000; peremptory amendment at 24 Ill. Reg. 10767, effective July 3, 2000; amended at 24 Ill.
Reg. 13384, effective August 17, 2000; peremptory amendment at 24 Ill. Reg. 14460, effective
September 14, 2000; peremptory amendment at 24 Ill. Reg. 16700, effective October 30, 2000;
peremptory amendment at 24 Ill. Reg. 17600, effective November 16, 2000; amended at 24 Ill.
Reg. 18058, effective December 4, 2000; peremptory amendment at 24 Ill. Reg. 18444, effective
December 1, 2000; amended at 25 Ill. Reg. 811, effective January 4, 2001; amended at 25 Ill.
Reg. 2389, effective January 22, 2001; amended at 25 Ill. Reg. 4552, effective March 14, 2001;
peremptory amendment at 25 Ill. Reg. 5067, effective March 21, 2001; amended at 25 Ill. Reg.
5618, effective April 4, 2001; amended at 25 Ill. Reg. 6655, effective May 11, 2001; amended at
25 Ill. Reg. 7151, effective May 25, 2001; peremptory amendment at 25 Ill. Reg. 8009, effective
June 14, 2001; emergency amendment at 25 Ill. Reg. 9336, effective July 3, 2001, for a
maximum of 150 days; amended at 25 Ill. Reg. 9846, effective July 23, 2001; amended at 25 Ill.
Reg. 12087, effective September 6, 2001; amended at 25 Ill. Reg. 15560, effective November 20,
                                    ILLINOIS REGISTER                                     14430
                                                                                         05
                DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                          NOTICE OF PROPOSED AMENDMENTS

2001; peremptory amendment at 25 Ill. Reg. 15671, effective November 15, 2001; amended at
25 Ill. Reg. 15974, effective November 28, 2001; emergency amendment at 26 Ill. Reg. 223,
effective December 21, 2001, for a maximum of 150 days; amended at 26 Ill. Reg. 1143,
effective January 17, 2002; amended at 26 Ill. Reg. 4127, effective March 5, 2002; peremptory
amendment at 26 Ill. Reg. 4963, effective March 15, 2002; amended at 26 Ill. Reg. 6235,
effective April 16, 2002; emergency amendment at 26 Ill. Reg. 7314, effective April 29, 2002,
for a maximum of 150 days; amended at 26 Ill. Reg. 10425, effective July 1, 2002; emergency
amendment at 26 Ill. Reg. 10952, effective July 1, 2002, for a maximum of 150 days; amended at
26 Ill. Reg. 13934, effective September 10, 2002; amended at 26 Ill. Reg. 14965, effective
October 7, 2002; emergency amendment at 26 Ill. Reg. 16583, effective October 24, 2002, for a
maximum of 150 days; emergency expired March 22, 2003; peremptory amendment at 26 Ill.
Reg. 17280, effective November 18, 2002; amended at 26 Ill. Reg. 17374, effective November
25, 2002; amended at 26 Ill. Reg. 17987, effective December 9, 2002; amended at 27 Ill. Reg.
3261, effective February 11, 2003; expedited correction at 28 Ill. Reg. 6151, effective February
11, 2003; amended at 27 Ill. Reg. 8855, effective May 15, 2003; amended at 27 Ill. Reg. 9114,
effective May 27, 2003; emergency amendment at 27 Ill. Reg. 10442, effective July 1, 2003, for
a maximum of 150 days; emergency expired November 27, 2003; peremptory amendment at 27
Ill. Reg. 17433, effective November 7, 2003; amended at 27 Ill. Reg. 18560, effective December
1, 2003; peremptory amendment at 28 Ill. Reg. 1441, effective January 9, 2004; amended at 28
Ill. Reg. 2680, effective January 22, 2004; amended at 28 Ill. Reg. 6879, effective April 30,
2004; peremptory amendment at 28 Ill. Reg. 7323, effective May 10, 2004; amended at 28 Ill.
Reg. 8842, effective June 11, 2004; peremptory amendment at 28 Ill. Reg. 9717, effective June
28, 2004; amended at 28 Ill. Reg. 12585, effective August 27, 2004; peremptory amendment at
28 Ill. Reg. 13011, effective September 8, 2004; peremptory amendment at 28 Ill. Reg. 13247,
effective September 20, 2004; peremptory amendment at 28 Ill. Reg. 13656, effective September
27, 2004; emergency amendment at 28 Ill. Reg. 14174, effective October 15, 2004, for a
maximum of 150 days; emergency expired March 14, 2005; peremptory amendment at 28 Ill.
Reg. 14689, effective October 22, 2004; peremptory amendment at 28 Ill. Reg. 15336, effective
November 15, 2004; peremptory amendment at 28 Ill. Reg. 16513, effective December 9, 2004;
peremptory amendment at 29 Ill. Reg. 726, effective December 15, 2004; amended at 29 Ill. Reg.
1166, effective January 7, 2005; peremptory amendment at 29 Ill. Reg. 1385, effective January 4,
2005; peremptory amendment at 29 Ill. Reg. 1559, effective January 11, 2005; peremptory
amendment at 29 Ill. Reg. 2050, effective January 19, 2005; peremptory amendment at 29 Ill.
Reg. 4125, effective February 23, 2005; amended at 29 Ill. Reg. 5375, effective April 4, 2005;
peremptory amendment at 29 Ill. Reg. 6105, effective April 14, 2005; peremptory amendment at
29 Ill. Reg. 7217, effective May 6, 2005; peremptory amendment at 29 Ill. Reg. 7840, effective
May 10, 2005; amended at 29 Ill. Reg. 8110, effective May 23, 2005; peremptory amendment at
29 Ill. Reg. 8214, effective May 23, 2005; peremptory amendment at 29 Ill. Reg. 8418, effective
June 1, 2005; amended at 29 Ill. Reg. 9319, effective July 1, 2005; peremptory amendment at 29
Ill. Reg. 12076, effective July 15, 2005; peremptory amendment at 29 Ill. Reg. 13265, effective
                                      ILLINOIS REGISTER                                       14431
                                                                                             05
                 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                          NOTICE OF PROPOSED AMENDMENTS

August 11, 2005; amended at 29 Ill. Reg. 13540, effective August 22, 2005; peremptory
amendment at 29 Ill. Reg. 14098, effective September 2, 2005; amended at 29 Ill. Reg. 14166,
effective September 9, 2005; amended at 29 Ill. Reg. ______, effective ____________.

                                  SUBPART A: NARRATIVE

Section 310.50 Definitions

The following are definitions of certain terms and are for purposes of clarification only. They as
they affect the Schedule of Salary Grades (Appendix B) and Schedule of Rates (Subpart B),
only. Section 310.500 Subpart C of this Part contains definitions of terms applying specifically
tothe administrative features of the Merit Compensation System.

               "Adjustment in Salary" – A change in salary rate occasioned by a previously
               committed error or oversight, or required in the best interest of the State as
               defined in Subpart A, Sections 310.80 and 310.90, of this part.

               "Base Salary" – A dollar amount of pay specifically designated in the Schedule of
               Salary Grades (Appendix B) or Schedule of Rates (Subpart B). Base salary does
               not include overtime pay or shift differential pay or deductions for time not
               worked.

               "Comparable Classes" – Two or more classes that are in the same salary grade.

               "Creditable Service" – All service in full or regularly scheduled part-time pay
               status beginning with the date of initial employment or the effective date of the
               last salary increase thatwhich was at least equivalent to a full step. A new
               creditable service date will follow an increase of a step or more, except for the
               following actions:

                      Superior performance increase.

                      A reevaluation resulting in a salary increase less than a step in the former
                      salary grade.

                      Reallocation resulting in a salary increase less than a step increase in the
                      former salary grade.

                      Adjustments, as provided for in Section 310.80(f) of this Part, that"which
                      are approved to correct errors or oversights". (A new creditable service
                       ILLINOIS REGISTER                                      14432
                                                                             05
 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

           NOTICE OF PROPOSED AMENDMENTS

       date will follow Section 310.80(f) adjustments in the best interest of the
       agency, unless the Director of Central Management Services determines
       the change in creditable service datesuch changes to be inequitable.)

"Demotion" – The assignment for cause of an employee to a vacant position in a
class in a lower salary grade than the former class.

"Differential" – The additional compensation added to the base salary of an
employee resulting from conditions of employment imposed on him/her during
normal schedule of work.

"Entrance Salary" – The initial base salary assigned to an employee on entering
Statestate service.

"In-hiring Rate" – An in-hiring rate is a minimum rate/step for a class thatwhich is
above the normal minimum of the range, as approved byestablished by the
approval from the Director of the Department of Central Management Services
after a review of competitive market starting rates for similar classes.

"Promotion" – The appointment of an employee, with the approval of the agency
and the Department of Central Management Services, to a vacant position in a
class in a higher salary grade than the former class.

"Reallocation" – The change in the classification of an existing position resulting
from significant changes in assigned duties and responsibilities.

"Reevaluation" – The assignment of a different salary grade to a class based upon
change in relation to other classes or to the labor market.

"Salary Range" – The dollar value represented by Steps 1c through 8 of a grade
assigned to a class title, effective January 1, 2002.

"Satisfactory Performance Increase" – An upward revision in the base salary from
one designated step to the next higher step in the salary grade for that class as a
result of having served the required amount of time at the former rate with not
less than a satisfactory level of competence. (Satisfactory level of competence
shall mean work, the level of which, in the opinion of the agency head, is above
that typified by the marginal employee.)

"Superior Performance" – Performance characterized by work results
                                    ILLINOIS REGISTER                                      14433
                                                                                          05
              DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                         NOTICE OF PROPOSED AMENDMENTS

             substantially above a satisfactory level.

             "Transfer" – The assignment of an employee to a vacant position having the same
             salary grade.

             "Work Year" – That period of time determined by the agency and filed with the
             Department of Central Management Services in accordance with 80 Ill. Adm.
             Code 303.300 of the Department of Central Management Services rules.

      (Source: Amended at 29 Ill. Reg. ______, effective ____________)

Section 310.100 Other Pay Provisions

      a)     Transfer – Upon the assignment of an employee to a vacant position in a class
             with the same salary grade as the class for the position being vacated, the
             employee's base salary will not be changed. Upon separation from a position inof
             a given class and subsequent appointment to a position in the same salary grade,
             no increase in salary will be given.

      b)     Entrance Salary – Normally upon original entry to Statestate service, an
             employee's base salary will be at Step 1c of the salary grade.

             1)     Qualifications Aboveabove Minimum Requirements –

                    A)      If a candidate possesses directly related training and experience in
                            excess of the minimum requirements of the class specification, the
                            entrance salary may be up to Step 3 as determined by the
                            employing agency. The salary offered should not provide more
                            than a 10% increase over the candidate's current salary.

                    B)      QualificationsSuch qualifications above the minimum
                            requirements shall bemust possess documented to support a
                            salaryfor higher than the Step 1c entrance salary. An entrance
                            salary higher than Step 3 must have prior approval from the
                            Director of Central Management Services.

             2)     Area Differential – For positions where additional compensation is
                    required because of dissimilar economic or other conditions in the
                    geographical area in which thesuch positions are established, a higher
                    entrance step may be authorized by the Director of Central Management
                           ILLINOIS REGISTER                                        14434
                                                                                   05
      DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                 NOTICE OF PROPOSED AMENDMENTS

            Services. Present employees receiving less than the new rate shall be
            advanced to the new rate.

     3)     Upon the geographical transfer from or to an area for which additional
            compensation has been authorized, an employee will receive an
            adjustment to the appropriate salary level for the new geographical area of
            assignment effective the first day of the month following date of approval.

c)   Differential and Overtime Pay – An eligible employee may have an amount added
     to his/her base salary for a given pay period for work performed which is in
     excess of the normal requirements for the position and work schedule, as follows:

     1)     Shift Differential Pay – An employee may be paid an amount in addition
            to his/her base salary for work performed on a regularly scheduled second
            or third shift. The additional compensation will be at a rate and in a
            manner approved by the Department of Central Management Services.
            The Director of Central Management Services will approve the manner
            and rate of this provision after considering the need of the employing
            agency, the treatment of other similar situations, prevailing practices of
            other employers, and the equity of the particular circumstances.

     2)     Overtime Pay –

            A)     Eligibility. The Director of Central Management Services will
                   maintain a list of titles and their overtime eligibility as determined
                   by labor contracts, Federal Fair Labor Standards Act, or State law
                   or regulationsState policy. Overtime shall be paid in accordance
                   with the labor contracts, Federal Fair Labor Standards Act, and
                   State law or regulationsState rules.

            B)     Compensatory Timetime − Employees who are eligible for
                   compensatory time may request such time, which may be granted
                   by the agency at its discretion, considering among other things, its
                   operating needs. Compensatory time shall be taken within the
                   fiscal year it was earned at a time convenient to the employee and
                   consistent with the operating needs of the agency. Compensatory
                   time shall be accrued at the rate in which it is earned (straight time
                   or time and a half), but shall not exceed 120 hours in any fiscal
                   year. Compensatory time approved for non-union employees will
                   be earned after 40 actual work hours in a workweek.
                          ILLINOIS REGISTER                                        14435
                                                                                  05
      DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                NOTICE OF PROPOSED AMENDMENTS

                   Compensatory time not used by the end of the fiscal year in which
                   it was earned shall be liquidated and paid in cash at the rate it was
                   earned. Time spent in travel outside the normal work schedule
                   shall not be accrued as compensatory time except as provided by
                   labor contracts and the Federal Fair Labor Standards Act. At no
                   time are overtime hours or compensatory time to be transferred
                   from one agency to another agency.

     3)     Incentive Pay – An employee may be paid an amount in addition to his/her
            base salary for work performed in excess of the normal work standard as
            determined by agency management. The additional compensation shall be
            at a wage rate and in a manner approved by the Director of the
            Department of Central Management Services. The Director of Central
            Management Services will approve the manner and rate of this provision
            after considering the need of the employing agency, the treatment of other
            similar situations, prevailing practices of other employers, and the equity
            of the particular circumstances.

     4)     Extra Duty Pay – An employee may be paid an amount in addition to
            his/her base salary for service in addition to the regular work schedule on
            a special work assignment. Additional compensation will be at a rate and
            in a manner approved by the Director of the Department of Central
            Management Services. The Director of Central Management Services will
            approve the manner and rate of this provision after considering the need of
            the employing agency, the treatment of other similar situations, prevailing
            practices of other employers, and the equity of the particular
            circumstances.

d)   Equivalent Earned Time –

     1)    Eligibility –. Employees who are non-union, exempt under the Federal
           Fair Labor Standards Act, and in positions not eligible for overtime
           compensation may receive equivalent earned time for hours worked in
           excess of 40 actual work hours in a work week.

     2)    Accrual –.

           A)      Employees who are eligible for equivalent earned time shall
                   request thatsuch time before working in excess of 40 actual work
                   hours in a work week. Requests for equivalent earned time may be
                           ILLINOIS REGISTER                                       14436
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      DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                 NOTICE OF PROPOSED AMENDMENTS

                    granted by the agency at its discretion, considering its operating
                    needs. Equivalent earned time shall be accrued at straight time
                    only to a maximum of 120 hours in any fiscal year.

            B)      Equivalent earned time will accrue in no less than one-half hour
                    increments. Time spent in travel outside the normal work schedule
                    shall not be counted toward accrual of equivalent earned time.

     3)     Compensation –. Any approved equivalent earned time shall be taken at a
            time convenient to the employee and consistent with the operating needs
            of the agency. ThisSuch time may not be carried over from one fiscal year
            to another fiscal year. At no time is equivalent earned time to be
            converted into cash payment or transferred from one agency to another
            agency.

e)   Part-Time Work – Part-time employees whose base salary is other than an hourly
     or daily basis shall be paid on a daily basis which will be computed by dividing
     thefrom annual raterates of salary byand the total number of work days in the
     year.

f)   Out-of-State Assignment – Employees who are assigned to work out-of-state on a
     temporary basis may receive an appropriate differential during the period of the
     assignment, as approved by the Director of Central Management Services. The
     Director of Central Management Services will approve the manner and rate of this
     provision after considering the need of the employing agency, the treatment of
     other similar situations, prevailing practices of other employers, and the equity of
     the particular circumstances.

g)   Lump Sum Payment – Lump sum payment shallShall be provided for accrued
     vacation, sick leave* (see Agency Notes) and unused compensatory overtime at
     the current base rate to those employees separated from employment under the
     Personnel Code. Leaves of absence and temporary layoff (per 80 Ill. Adm. Code
     302.510) are not separations and therefore lump sum cannot be given in these
     transactions. Method of computation is explained in Section 310.70(a) of this
     Part.

     AGENCY NOTESNOTE – The method to be used in computing the lump sum
     payment for accrued vacation, sick leave* and unused compensatory overtime
     payment for an incumbent entitled to shift differential during his/her regular work
     hours will be to use his/her current base salary plus the shift differential pay.
                            ILLINOIS REGISTER                                       14437
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     *Sick leave earned prior to January 1, 1984 and after December 31, 1997 is not
     compensable. Sick leave earned and not used between January 1, 1984 and
     December 31, 1997 will be compensable at the current base daily rate times one-
     half of the total number of compensable sick days.

h)   Salary Treatment Upon Return From Leave – An employee returning from
     Military Leave, Peace Corps Leave, AmeriCorps*VISTAVista Leave, Service-
     Connected Disability Leave, Administrative Leave, Leave to accept a Temporary,
     Emergency, Provisional, Exempt or Trainee position, or Educational Leave will
     be placed on the step thatwhich reflects satisfactory performance increases to
     which he/she would have been entitled during his/her period of leave. Creditable
     service date will be maintained. An employee returning to his/her former salary
     grade from any other leave of over 14fourteen days will be placed at the step on
     which he/she was situated prior to his/her leave, and his/her creditable service
     date will be extended by the duration of the leave.

i)   Salary Treatment Upon Reemployment –

     1)     Upon the reemployment of an employee in a class with the same salary
            grade as the class for the position held before layoff, the employee will be
            placed at the same salary step as held at the time of the layoff, and his/her
            creditable service date will be adjusted to reflect that time on layoff does
            not count as creditable service time.

     2)     Upon the reemployment of an employee in a class at a lower salary range
            than the range of the class for the position held before layoff, the
            employee will be placed at the step in the lower salary grade thatwhich
            provides the base salary nearest in amount to, but less than, the current
            value of the step held at the time of layoff, and his/her creditable service
            date will be adjusted to reflect that time on layoff does not count as
            creditable service time.

j)   Reinstatement – The salary upon reinstatement of an employee will be as
     determined by the employing agency and approved by the Director of Central
     Management Services. This salary should not provide more than a 10% increase
     over the candidate's current salary or exceed the current value of the salary step
     held in the position where previously certified. In no event is the resulting salary
     to be lower than the minimum rate or higher than the maximum rate of the salary
     range.
                                     ILLINOIS REGISTER                                      14438
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       k)      Extended Service Payment –

               1)     TheEffective July 1, 2001, the Step 8 rate shall be increased by $25 per
                      month for those employees who have attained 10 years of service and have
                      three years of creditable service on Step 8 in the same pay grade.

               2)     TheEffective July 1, 2001, the Step 8 rate shall be increased by $50 per
                      month for those employees who have attained 15 years of service and have
                      three years of creditable service on Step 8 in the same pay grade.

       l)      Bi-lingual Pay – IndividualEffective July 1, 2000, individual positions whose job
               descriptions require the use of sign language, a second language or Braille shall
               receive 5% or $100 per month, whichever is greater, in addition to the employee's
               base rate.

       (Source: Amended at 29 Ill. Reg. ______, effective ____________)

                            SUBPART B: SCHEDULE OF RATES

Section 310.290 Out-of-State or Foreign Service Rate

The out-of-state or foreign service rate is the rate of pay for employees occupying positions
thatwhich require payment in accordance with the economic conditions and social legislation of
another state or foreign country. An adjustment may be made to the salary of an employee
stationed in a foreign country to compensate for a change in the currency exchange rate. The
Director of the Department of Central Management Services will, before approving an
adjustment, consider the need of the employing agency, the treatment of other similar situations,
prevailing practices of other employers, and the equity of the particular circumstances.
(Effective July 1, 2003, increases are suspended.)

                                                                 Range Effective Fiscal
                            Title                                     Year 2006
Executive II
       (States Other Than California and New Jersey)                   3269-5894
       (CA, NJ)                                                        3696-6663

Foreign Service Economic Development Executive I                       3848-7082

Foreign Service Economic Development Executive II                      4929-9283
                                     ILLINOIS REGISTER                  14439
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                          NOTICE OF PROPOSED AMENDMENTS


Foreign Service Economic Development Representative       3269-5894

Office Administrator IV
       (States Other Than California and New Jersey)      2570-4452
       (CA, NJ)                                           2906-5032

Office Assistant (Foreign Service)                        2169-2862

Office Associate
       (States Other Than California and New Jersey)      2295-3081
       (CA, NJ)                                           2595-3483

Office Coordinator
       (States Other Than California and New Jersey)      2370-3199
       (CA, NJ)                                           2679-3617

Public Service Administrator
       (States Other Than California and New Jersey)      3445-7542
       (CA, NJ)                                           3895-8525

Revenue Auditor Trainee
      (States Other Than California and New Jersey)       2645-3657
      (CA, NJ)                                            2990-4134

Revenue Tax Specialist I
      (States Other Than California and New Jersey)       2645-3657
      (CA, NJ)                                            2990-4134

Revenue Tax Specialist II
      (States Other Than California and New Jersey)       2861-4047
      (CA, NJ)                                            3234-4575

Revenue Tax Specialist Trainee
      (States Other Than California and New Jersey)       2448-3335
      (CA, NJ)                                            2768-3770

Senior Public Service Administrator
       (States Other Than California and New Jersey)      4750-11161
       (CA, NJ)                                           5369-12617
                                      ILLINOIS REGISTER                                    14440
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                 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                           NOTICE OF PROPOSED AMENDMENTS


       (Source: Amended at 29 Ill. Reg. ______, effective ____________)

                      SUBPART C: MERIT COMPENSATION SYSTEM

Section 310.410 Jurisdiction

The Merit Compensation System shall apply to all classes of positions designated below and in
the ALPHABETIC INDEX OF POSITION TITLES. Also see Section 310.495 for the
application of the Merit Compensation System for those Broad-Band titles listed with their salary
ranges in Section 310.Appendix G.

                          Position Title                        Salary Plan
Accountant Supervisor                                           MC-05
Activity Therapist Supervisor                                   MC-07
Actuary III                                                     MC-16
Administrative Assistant I                                      MC-04
Administrative Assistant II                                     MC-06
Agricultural Marketing Representative                           MC-05
Assignment Coordinator                                          MC-07
Assistant Automotive Shop Supervisor                            MC-03
Automotive Shop Supervisor                                      MC-07
Boat Safety Inspection Supervisor                               MC-06
Building Construction Inspector I                               MC-04
Building Construction Inspector II                              MC-05
Business Manager                                                MC-05
Commerce Commission Police Sergeant                             MC-07
Corrections Leisure Activities Specialist III                   MC-06
Corrections Leisure Activities Specialist IV                    MC-07
Corrections Vocational School Supervisor                        MC-05
Court Reporter Supervisor                                       MC-08
Data Processing Supervisor II                                   MC-04
Data Processing Supervisor III                                  MC-07
Dietary Manager I                                               MC-03
Dietary Manager II                                              MC-05
Disability Claims Analyst                                       MC-06
Economic Development Representative I                           MC-05
Economic Development Representative II                          MC-07
Elections Specialist I                                          MC-03
                                  ILLINOIS REGISTER               14441
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                        NOTICE OF PROPOSED AMENDMENTS

Elections Specialist II                                  MC-05
Elections Specialist III                                 MC-07
Electrical Engineer                                      MC-10
Employment Security Field Office Supervisor              MC-06
Engineering Technician IV                                MC-07
Executive I                                              MC-05
Executive II                                             MC-07
Executive Secretary II                                   MC-01
Executive Secretary III                                  MC-02
Facility Fire Chief                                      MC-02
Guard Supervisor                                         MC-01
Guardianship Supervisor                                  MC-07
Highway Construction Supervisor I                        MC-07
Highway Construction Supervisor II                       MC-09
Historical Library Chief of Acquisitions                 MC-06
Human Rights Mediator                                    MC-05
Human Rights Specialist III                              MC-07
Human Services Casework Manager                          MC-07
Industrial and Community Development Representative I    MC-05
Industrial and Community Development Representative II   MC-07
Internal Auditor I                                       MC-05
Internal Security Investigator I                         MC-04
Internal Security Investigator II                        MC-07
International Marketing Representative I                 MC-05
KidCare Supervisor                                       MC-07
Laundry Manager I                                        MC-01
Liability Claims Adjuster II                             MC-06
Librarian II                                             MC-05
Lottery Regional Coordinator                             MC-07
Management Operations Analyst I                          MC-06
Manuscripts Manager                                      MC-06
Meat and Poultry Inspector Supervisor                    MC-05
Mental Health Administrator I                            MC-05
Mental Health Administrator II                           MC-07
Mental Health Program Administrator                      MC-20
Methods and Procedures Advisor III                       MC-07
Mine Rescue Station Supervisor                           MC-01
Office Administrator IV                                  MC-02
                                   ILLINOIS REGISTER            14442
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Office Administrator V                                 MC-03
Plumbing Consultant                                    MC-09
Police Lieutenant                                      MC-09
Private Secretary I                                    MC-02
Private Secretary II                                   MC-04
Property Tax Analyst III                               MC-05
Public Aid Family Support Specialist II                MC-05
Public Aid Quality Control Supervisor                  MC-07
Public Aid Staff Development Specialist III            MC-06
Public Health Program Specialist III                   MC-07
Public Information Coordinator                         MC-06
Radiologic Technologist Chief                          MC-03
Rehabilitation Workshop Supervisor III                 MC-05
Reimbursement Officer II                               MC-05
Reproduction Service Supervisor I                      MC-02
Reproduction Service Supervisor II                     MC-04
Residential Care Program Supervisor I                  MC-06
Retirement System Disability Specialist                MC-06
Safety Responsibility Analyst Supervisor               MC-02
Security Officer Chief                                 MC-04
Security Officer Lieutenant                            MC-02
Security Therapy Aide IV                               MC-05
Sign Shop Foreman                                      MC-06
Staff Development Specialist I                         MC-05
Staff Development Technician II                        MC-03
Statistical Research Specialist III                    MC-06
Statistical Research Supervisor                        MC-07
Storekeeper III                                        MC-01
Supervising Vehicle Testing Compliance Officer         MC-06
Switchboard Chief Operator                             MC-01
Technical Advisor I                                    MC-05
Technical Advisor II                                   MC-07
Telecommunications Supervisor                          MC-07
Utility Engineer I                                     MC-05
Utility Engineer II                                    MC-07
Vehicle Emissions Compliance Supervisor                MC-05
Volunteer Services Coordinator III                     MC-07
Waterways Construction Supervisor I                    MC-05
                                    ILLINOIS REGISTER                                       14443
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                          NOTICE OF PROPOSED AMENDMENTS

Waterways Construction Supervisor II                            MC-07

       (Source: Amended at 29 Ill. Reg. ______, effective ____________)

Section 310.490 Other Pay Provisions

       a)     Transfer – Upon assignment of an employee to a vacant position in a class with
              the same salary range as the class for the position being vacated, the employee's
              base salary will not be changed. Upon separation and subsequent appointment to
              a position in the same salary range, no increase in salary will be given.

       b)     Entrance Salary – Normally upon entry to Statestate service, an employee's base
              salary will be at the minimum salary of the salary range.

              1)     Qualifications Aboveabove Minimum Requirements –

                     A)     If a candidate possesses directly related training and experience in
                            excess of the minimum requirements of the class specification, the
                            employing agency may grant an entrance salary up to the midpoint
                            of the first half of the salary range; however, this shall not provide
                            more than a 10% increase over the candidate's current salary.
                            QualificationsSuch qualifications above the minimum
                            requirements shall bemust possess documented to support a
                            salaryfor higher than the minimum entrance salary.

                     B)     An entrance salary above the middle of the first half of the salary
                            range must have prior approval of the Director of Central
                            Management Services. This approval will be based on
                            consideration of the candidate's training and experience exceeding
                            the requirements of the class, prior salary history, particular
                            staffing requirements of an agency, and labor market influence on
                            recruitment needs.

              2)     Area Differential – For positions where additional compensation is
                     required because of dissimilar economic or other conditions in the
                     geographical area in which thesuch positions are established, a higher
                     entrance salary may be authorized by the Director of Central Management
                     Services. Present employees receiving less than the new rate of pay shall
                     be advanced to the new rate.
                           ILLINOIS REGISTER                                      14444
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                 NOTICE OF PROPOSED AMENDMENTS

     3)     Upon the geographical transfer from or to an area for which additional
            compensation has been authorized, an employee will receive an
            adjustment to the appropriate salary level for the new geographical area of
            assignment, effective the first day of the month following the date of
            assignment.

c)   Differential and Overtime Pay – An eligible employee may have an amount added
     to the base salary for a given pay period for work performed which is in excess of
     the normal requirements for the position and work schedule, as follows:

     1)     Shift Differential Pay – An employee may be paid an amount in addition
            to the base salary for work performed on a regularly scheduled second or
            third shift. The additional compensation will be at a rate and in a manner
            approved by the Director of Central Management Services. The Director
            of Central Management Services will approve the manner and rate of this
            provision after considering the need of the employing agency, the
            treatment of other similar situations, prevailing practices of other
            employers, and the equity of the particular circumstances.

     2)     Overtime Pay −

            A)     Eligibility. The Director of the Department of Central
                   Management Services shall maintain a listing of classes of
                   positions subject to the provisions of the Merit Compensation
                   System that are eligible for overtime compensation. Classes in
                   salary ranges MC 6 and below are eligible for straight-time
                   overtime unless exceptions are determined by the Director of
                   Central Management Services or federal guidelines. Employees in
                   these classes of positions who are assigned and perform work in
                   excess of the normal work schedule as established by the agency
                   shall be compensated at a straight-time rate on either a cash or
                   compensatory time-off basis for all hours worked in excess of a
                   normal work week. Overtime in less than one-half hour
                   increments per day shall not be accrued. Classes in MC 7 and
                   above are not eligible for overtime unless required by federal
                   regulation or approved by the Director of Central Management
                   Services. ExceptionsSuch exceptions must be requested by the
                   employing agency and will be determined on the basis of the
                   special nature of the situation, a substantial need to provide
                   overtime compensation and a significant number of hours worked
                           ILLINOIS REGISTER                                        14445
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                  NOTICE OF PROPOSED AMENDMENTS

                    beyond the normal work schedule, and will be granted only for a
                    specified time period for which the special situation is expected to
                    exist.

             B)     Compensatory Time. Employees who are eligible for
                    compensatory time may request such time, which may be granted
                    by the agency at its discretion, considering, among other things, its
                    operating needs. Compensatory time shall be taken within the
                    fiscal year it was earned at a time convenient to the employee and
                    consistent with the operating needs of the agency. Compensatory
                    time shall be accrued at the rate in which it is earned (straight time
                    or time and a half), but shall not exceed 120 hours in any fiscal
                    year. Compensatory time approved for non-union employees will
                    be earned after 40 actual work hours in a workweek.
                    Compensatory time not used by the end of the fiscal year in which
                    it was earned shall be liquidated and paid in cash at the rate it was
                    earned. Time spent in travel outside the normal work schedule
                    shall not be accrued as compensatory time except as provided by
                    labor contracts and the Federal Fair Labor Standards Act. At no
                    time are overtime hours or compensatory time to be transferred
                    from one agency to another agency.

d)   Equivalent Earned Time –

     1)      Eligibility –. Employees who are non-union, exempt under the Federal
             Fair Labor Standards Act, and in positions not eligible for overtime
             compensation may receive equivalent earned time for hours worked in
             excess of 40 actual work hours in a work week.

     2)      Accrual – .

             A)     Employees who are eligible for equivalent earned time shall
                    request thatsuch time before working in excess of 40 actual work
                    hours in a work week. Requests for equivalent earned time may be
                    granted by the agency at its discretion, considering its operating
                    needs. Equivalent earned time shall be accrued at straight time
                    only to a maximum of 120 hours in any fiscal year.
                            ILLINOIS REGISTER                                       14446
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                  NOTICE OF PROPOSED AMENDMENTS

             B)     Equivalent earned time will accrue in no less than one-half hour
                    increments. Time spent in travel outside the normal work schedule
                    shall not be counted toward accrual of equivalent earned time.

     3)      Compensation –. Any approved equivalent earned time shall be taken at a
             time convenient to the employee and consistent with the operating needs
             of the agency. ThisSuch time may not be carried over from one fiscal year
             to another fiscal year. At no time is equivalent earned time to be
             converted into cash payment or transferred from one agency to another
             agency.

e)   Part-Time Work – Part-time employees whose base salary is other than an hourly
     or daily basis shall be paid on a daily rate basis which will be computed by
     dividing thefrom annual raterates of salary byand the total number of work days
     in the year.

f)   Out-of-State Assignment – Employees who are assigned to work out-of-state on a
     temporary basis may receive an appropriate differential during the period of the
     assignment, as approved by the Director of Central Management Services. The
     Director of Central Management Services will approve the manner and rate of this
     provision after considering the need of the employing agency, the treatment of
     other similar situations, prevailing practices of other employers, and the equity of
     the particular circumstance.

g)   Lump Sum Payment – Lump sum payment shallShall be provided for accrued
     vacation, sick leave* (see Agency Notes) and unused compensatory overtime at
     the current base rate to those employees separated from employment under the
     Personnel Code. Leaves of absence and temporary layoff (per 80 Ill. Adm. Code
     302.510) are not separations and therefore lump sum payments cannot be given in
     these transactions. Methods of computation are explained in Section 310.520(a)
     of the Merit Compensation System.

     AGENCY NOTESNOTE: The method to be used in computing lump sum
     payment for vacation, sick leave* and unused compensatory overtime for an
     incumbent entitled to shift differential during the regular work hours will be to
     use the current base salary plus the shift differential pay.

     *Sick leave earned prior to January 1, 1984 and after December 31, 1997 is not
     compensable. Sick leave earned and not used between January 1, 1984 and
     December 31, 1997 will be compensable at the current base daily rate times one-
                            ILLINOIS REGISTER                                        14447
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                NOTICE OF PROPOSED AMENDMENTS

     half of the total number of sick days earned and retained during that time period.

h)   Salary Treatment upon Return from Leave – An employee returning from
     Military Leave, Peace Corps Leave, AmeriCorps*VISTAVista Leave, Service-
     Connected Disability Leave, Leave to accept a Temporary, Emergency,
     Provisional, Exempt or Trainee position, or Education Leave will have his/her
     salary established as determined appropriate by the employing agency and
     approved by the Director of Central Management Services. However, in no event
     is the resulting salary to be lower than the minimum rate or higher than the
     maximum rate of the salary range. Creditable service date will be maintained. An
     employee returning to his/her former salary range from any other leave of over
     14fourteen days will be placed at the salary which the employee received prior to
     the leave and the creditable service date will be extended by the duration of the
     leave.

i)   Employees in classes thatwhich are made subject to the Merit Compensation
     System after July 1, 1979, will retain their current salary, except that in no event
     is the resultant salary to be lower than the minimum rate or higher than the
     maximum rate of the new salary range.

j)   Extra Duty Pay – An employee may be paid an amount in addition to the base
     salary for services in addition to the regular work schedule on a special
     assignment. Additional compensation will be at a rate and manner as approved by
     the Director of Central Management Services. The Director of Central
     Management Services will approve the manner and rate of this provision after
     considering the need of the employing agency, the treatment of other similar
     situations, prevailing practices of other employers, and the equity of the particular
     circumstances.

k)   Salary Treatment Upon Reemployment –

     1)     Upon the reemployment of an employee in a class with the same salary
            range as the class for the position held before layoff, the employee will be
            placed at the same salary as held at the time of the layoff, and his
            creditable service date will be adjusted to reflect that time on layoff does
            not count as creditable service time.

     2)     Upon the reemployment of an employee in a class at a lower salary range
            than the range of the class for the position held before layoff, the
            employee will be placed at the same salary as held at the time of layoff,
                              ILLINOIS REGISTER                                      14448
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                  NOTICE OF PROPOSED AMENDMENTS

              except that if this exceeds the maximum of the new range, the employee
              will be placed at that maximum salary. The creditable service date will be
              adjusted to reflect that time on layoff does not count as creditable service
              time.

l)     Reinstatement – The salary upon reinstatement of an employee will be as
       determined by the employing agency and approved by the Director of Central
       Management Services. This salary should not provide more than a 10% increase
       over the candidate's current salary, or exceed the salary rate held in the position
       where previously certified. In no event is the resulting salary to be lower than the
       minimum rate or higher than the maximum rate of the salary range.

m)     Bilingual Pay – IndividualEffective July 1, 2000, individual positions whose job
       descriptions require the use of sign language, a second language, or Braille shall
       receive 5% or $100 per month, whichever is greater, in addition to the employee's
       base rate.

n)     Clothing or Equipment Allowance – An employee may be paid an amount in
       addition to his/her base salary to compensate for clothing or equipment thatwhich
       is required in the performance of assigned duties. The amount will be determined
       by the Director of the employing agency, and will require approval of the Director
       of the Department of Central Management Services. The Director of the
       Department of Central Management Services will approve the manner and rate of
       this provision after considering the need of the employing agency, the treatment
       of other similar situations, prevailing practices of other employers, and the equity
       of the particular circumstance.

(Source: Amended at 29 Ill. Reg. ______, effective ____________)
                                      ILLINOIS REGISTER                                    14449
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Section 310.APPENDIX A Negotiated Rates of Pay

Section 310.TABLE AA NR-916 (Department of Natural Resources, Teamsters)

                                      Effective July 1, 2005

                                                    Bargaining     Minimum        Maximum
                                     Title Code        Unit         Salary         Salary
Cartographer III                       06673          NR-916         3430          6110
Civil Engineer I                       07601          NR-916         3335          5160
Civil Engineer II                      07602          NR-916         3560          5915
Civil Engineer III                     07603          NR-916         3915          6625
Civil Engineer Trainee                 07607          NR-916         3145          4385
Engineering Technician I               13731          NR-916         1940          3485
Engineering Technician II              13732          NR-916         2325          4180
Engineering Technician III             13733          NR-916         2815          4980
Engineering Technician IV              13734          NR-916         3450          6460
Technical Manager I                    45261          NR-916         2645          4705

                                    Effective July 1, 2004

                                         Minimum Salary          Maximum Salary
       Cartographer III                       3290                   5870
       Civil Engineer I                       3200                   4955
       Civil Engineer II                      3420                   5680
       Civil Engineer III                     3755                   6365
       Civil Engineer Trainee                 3015                   4210
       Engineering Technician I               1860                   3345
       Engineering Technician II              2230                   4010
       Engineering Technician III             2700                   4780
       Engineering Technician IV              3310                   6205
       Technical Manager I                    2535                   4515

                              Effective January 1, 2005

                                         Minimum Salary          Maximum Salary
                             ILLINOIS REGISTER                      14450
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Cartographer III                    3356                   5987
Civil Engineer I                    3264                   5054
Civil Engineer II                   3488                   5794
Civil Engineer III                  3830                   6492
Civil Engineer Trainee              3075                   4294
Engineering Technician I            1897                   3412
Engineering Technician II           2275                   4090
Engineering Technician III          2754                   4876
Engineering Technician IV           3376                   6329
Technical Manager I                 2586                   4605

(Source: Amended at 29 Ill. Reg. ______, effective ____________)
                                     ILLINOIS REGISTER                       14451
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Section 310.APPENDIX D Merit Compensation System Salary Schedule for Fiscal Year
2006

Salary                  Minimum            Midpoint         Maximum
Range                    Salary             Salary           Salary
MC 01                      2142              2904              3666
MC 02                      2235              3053              3871
MC 03                      2343              3230              4117
MC 04                      2449              3381              4313
MC 05                      2571              3581              4591
MC 06                      2702              3759              4816
MC 07                      2843              3984              5125
MC 08                      2996              4227              5458
MC 09                      3167              4463              5759
MC 10                      3346              4752              6158
MC 11                      3534              5046              6558
MC 12                      3753              5384              7015
MC 13                      4008              5755              7502
MC 14                      4286              6179              8072
MC 15                      4600              6624              8648
MC 16                      4925              7116              9307
MC 17                      5314              7681             10048
MC 18                      5728              8015             10302
MC 19                      6187              8364             10541
MC-20                     12605             14053             15500

         (Source: Amended at 29 Ill. Reg. ______, effective ____________)
                                       ILLINOIS REGISTER                                       14452
                                                                                              05
                                STATE BOARD OF EDUCATION

                            NOTICE OF PROPOSED AMENDMENT

1)      Heading of the Part: Certification

2)      Code Citation: 23 Ill. Adm. Code 25

3)      Section Number:                        Proposed Action:
        25.105                                 New Section

4)      Statutory Authority: 105 ILCS 5/2-3.6, 14C-8, and Art.21

5)      A Complete Description of the Subjects and Issues Involved: In the aftermath of
        Hurricane Katrina, many displaced persons will obviously be seeking shelter and
        employment at some distance from their former places of residence, and regional
        superintendents here in Illinois have already begun receiving inquiries from such
        individuals regarding the ability to teach in Illinois schools. The present amendment is
        designed to provide relief to persons in this situation who are qualified to serve as
        substitute teachers but who may not have access to documents proving their eligibility at
        this time.

        The present amendment will offer individuals from the geographic area drastically
        affected by the hurricane a temporary permit for substitute teaching in Illinois schools,
        provided that they indicate their possession of a bachelor's degree, which is generally the
        qualification we require. Our intention is to make this a short-term, non-renewable
        permit but also:

        •   to build in enough flexibility to extend it if that seems warranted after the passage of
            time; and

        •   to provide for withdrawal of the permit if an individual either misrepresents his or her
            eligibility or later disqualifies himself or herself.

     Several features of this approach will distinguish the permit from a true certificate while at
     the same time affording relief to people whose lives have been severely disrupted. There will
     be neither an application fee nor a registration fee, as would be the case for a certificate.
     Applicants will not be required to provide proof of their credentials but rather only to affirm
     possession of the bachelor's degree. The permit will be valid only for the 2005-06 school
     year unless prevailing circumstances dictate an extension.

     It should be noted that this rule will not eliminate the requirement for a criminal background
     check as a condition for employment in Illinois schools, nor will it provide any guarantee that
     a holder of this permit will find such employment. The rule will, however, remove such
     barriers as are within the authority of the State Board of Education to remove.
                                  ILLINOIS REGISTER                                 14453
                                                                                   05
                           STATE BOARD OF EDUCATION

                        NOTICE OF PROPOSED AMENDMENT


6)   Will this rulemaking replace emergency rules currently in effect? Yes

7)   Does this rulemaking contain an automatic repeal date? No

8)   Does this rulemaking contain incorporations by reference? No

9)   Are there any other proposed amendments pending on this Part? Yes

     Section:              Action:               Illinois Register Citation:
     25.10                 Repeal                29 Ill. Reg. 7932; June 3, 2005
     25.11                 Amendment             29 Ill. Reg. 7932; June 3, 2005
     25.15                 Repeal                29 Ill. Reg. 7932; June 3, 2005
     25.20                 Repeal                29 Ill. Reg. 7932; June 3, 2005
     25.22                 Repeal                29 Ill. Reg. 7932; June 3, 2005
     25.25                 New Section           29 Ill. Reg. 7932; June 3, 2005
     25.30                 Repeal                29 Ill. Reg. 7932; June 3, 2005
     25.32                 Repeal                29 Ill. Reg. 7932; June 3, 2005
     25.35                 Repeal                29 Ill. Reg. 7932; June 3, 2005
     25.40                 Repeal                29 Ill. Reg. 7932; June 3, 2005
     25.42                 Repeal                29 Ill. Reg. 7932; June 3, 2005
     25.80                 Repeal                29 Ill. Reg. 7932; June 3, 2005
     25.82                 Repeal                29 Ill. Reg. 7932; June 3, 2005
     25.85                 Amendment             29 Ill. Reg. 7932; June 3, 2005
     25.99                 Repeal                29 Ill. Reg. 7932; June 3, 2005
     25.140                Amendment             29 Ill. Reg. 7932; June 3, 2005
     25.210                Repeal                29 Ill. Reg. 7932; June 3, 2005
     25.220                Repeal                29 Ill. Reg. 7932; June 3, 2005
     25.230                Repeal                29 Ill. Reg. 7932; June 3, 2005
     25.240                Repeal                29 Ill. Reg. 7932; June 3, 2005
     25.252                Amendment             29 Ill. Reg. 7932; June 3, 2005
     25.255                New Section           29 Ill. Reg. 7932; June 3, 2005
     25.322                Repeal                29 Ill. Reg. 7932, June 3, 2005
     25.333                Repeal                29 Ill. Reg. 7932, June 3, 2005
     25.344                Repeal                29 Ill. Reg. 7932, June 3, 2005
     25.355                Repeal                29 Ill. Reg. 7932, June 3, 2005
     25.420                Repeal                29 Ill. Reg. 7932, June 3, 2005
     25.705                Amendment             29 Ill. Reg. 7932, June 3, 2005
     25.710                Amendment             29 Ill. Reg. 7932, June 3, 2005
     25.728                Amendment             29 Ill. Reg. 7932, June 3, 2005
     25.730                Amendment             29 Ill. Reg. 7932; June 3, 2005
                                      ILLINOIS REGISTER                                      14454
                                                                                            05
                               STATE BOARD OF EDUCATION

                            NOTICE OF PROPOSED AMENDMENT

       25.760                  Amendment             29 Ill. Reg. 7932; June 3, 2005
       25.765                  Amendment             29 Ill. Reg. 7932; June 3, 2005
       25.775                  Amendment             29 Ill. Reg. 7932; June 3, 2005
       25.905                  Amendment             29 Ill. Reg. 7932; June 3, 2005

10)    Statement of Statewide Policy Objective: This rulemaking will not create or enlarge a
       State mandate.

11)    Time, Place, and Manner in which interested persons may comment on this proposed
       rulemaking: Written comments may be submitted within 45 days after the publication of
       this Notice to:

                               Sally Vogl
                               Agency Rules Coordinator
                               Illinois State Board of Education
                               100 North First Street (W-475)
                               Springfield, Illinois 62777

                               (217) 782-5270

       Comments may also be submitted via e-mail, addressed to:

                               rules@isbe.net

12)    Initial Regulatory Flexibility Analysis:

       A)       Types of small businesses, small municipalities and not-for-profit corporations
                affected: None

       B)       Reporting, bookkeeping or other procedures required for compliance: None

       C)       Types of professional skills necessary for compliance: None

13)    Regulatory agenda on which this rulemaking was summarized: This rulemaking was not
       included in either of the 2 most recent agendas because: This rulemaking responds to the
       natural disaster represented by Hurricane Katrina.

The text of the Proposed Amendment is identical to the text of the Emergency Amendment that
begins on page 14547.
                                     ILLINOIS REGISTER                                        14455
                                                                                             05
         DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

                          NOTICE OF PROPOSED AMENDMENTS

1)    Heading of the Part: Illinois Dental Practice Act

2)    Code Citation: 68 Ill. Adm. Code 1220

3)    Section Numbers:                               Proposed Action:
      1220.120                                       Amendment
      1220.220                                       Amendment

4)    Statutory Authority: Illinois Dental Practice Act [225 ILCS 25]

5)    A Complete Description of the Subjects and Issues Involved: Sections 1220.120 and
      1220.220 regarding examinations for dentists and dental hygienists are being amended to
      reflect changes made nationally away from the regional board examinations to a national
      exam developed by the American Board of Dental Examiners, Inc. (ADEX).

6)    Will this proposed rulemaking replace any emergency rulemakings currently in effect? No

7)    Does this rulemaking contain an automatic repeal date? No

8)    Does this proposed rulemaking contain incorporations by reference? No

9)    Are there any other proposed amendments pending on this Part? No

10)   Statement of Statewide Policy Objectives: This rulemaking has no impact on local
      governments.

11)   Time, Place and Manner in which interested persons may comment on this proposed
      rulemaking:

      Interested persons may submit written comments to:

             Department of Financial and Professional Regulation
             Attention: Barb Smith
             320 West Washington, 3rd Floor
             Springfield IL 62786

             217/785-0813      Fax: 217/557-4451

      All written comments received within 45 days after this issue of the Illinois Register will be
      considered.
                                      ILLINOIS REGISTER                                      14456
                                                                                            05
            DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

                           NOTICE OF PROPOSED AMENDMENTS


12)    Initial Regulatory Flexibility Analysis:

       A)     Types of small businesses, small municipalities and not for profit corporations
              affected: Businesses providing dental services.

       B)     Reporting, bookkeeping or other procedures required for compliance: None

       C)     Types of professional skills necessary for compliance: Dental and dental hygienist
              skills are required for licensure.

13)    Regulatory Agenda on which this rulemaking was summarized: July 2005

The full text of the Proposed Amendments begins on the next page:
                                  ILLINOIS REGISTER                                    14457
                                                                                      05
           DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

                        NOTICE OF PROPOSED AMENDMENTS

                TITLE 68: PROFESSIONS AND OCCUPATIONS
 CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
             SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS

                                       PART 1220
                            ILLINOIS DENTAL PRACTICE ACT

                                 SUBPART A: DENTIST

Section
1220.100     Application for Licensure
1220.110     Application for Examination (Repealed)
1220.120     Dental Examinations
1220.130     System of Retaking the Clinical Sections of the Examination (Repealed)
1220.140     Minimum Standards for an Approved Program in Dentistry
1220.150     Licensure (Repealed)
1220.155     Restricted Faculty Licenses
1220.156     Temporary Training License
1220.160     Restoration
1220.170     Renewal

                            SUBPART B: DENTAL HYGIENIST

Section
1220.200     Application for Licensure
1220.210     Application for Examination (Repealed)
1220.220     Dental Hygiene Examination
1220.230     System of Grading (Repealed)
1220.231     System of Retaking the Clinical Examination (Repealed)
1220.240     PrescribedPermitted Duties of Dental HygienistsAuxiliaries
1220.245     Prescribed Duties of Dental Assistants
1220.250     Approved Programs of Dental Hygiene
1220.260     Restoration
1220.270     Renewal

                            SUBPART C: DENTAL SPECIALIST

Section
1220.310     Applications
1220.320     Examination
                                  ILLINOIS REGISTER                                 14458
                                                                                   05
           DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

                        NOTICE OF PROPOSED AMENDMENTS

1220.330     System of Grading (Repealed)
1220.335     American Board Diplomates
1220.340     Specialty Listing (Repealed)
1220.350     Restoration
1220.360     Renewal

                                SUBPART D: GENERAL

Section
1220.380     Definitions
1220.400     Reportable Diseases and Conditions
1220.405     Reporting of Adverse Occurrences
1220.410     Endorsement
1220.415     Fees
1220.421     Advertising
1220.425     Referral Services
1220.431     Employment by Corporation (Repealed)
1220.435     Renewals (Repealed)
1220.440     Continuing Education
1220.441     Granting Variances

                         SUBPART E: ANESTHESIA PERMITS

Section
1220.500     Definitions
1220.505     Anxiolysis in the Dental Office Setting
1220.510     Conscious Sedation in the Dental Office Setting
1220.520     Deep Sedation and General Anesthesia in the Dental Office Setting
1220.525     Renewal
1220.530     Anesthesia Review Panel (Repealed)
1220.540     Approved Programs in Anesthesiology
1220.550     Reporting of Adverse Occurrences (Repealed)
1220.560     Restoration of Permits

1220.APPENDIX A     Pre-clinical Restorative Dentistry Sub-section (Repealed)
1220.APPENDIX B     Dental Assistant Permitted Procedures (Repealed)
1220.APPENDIX C     Dental Hygienist Permitted Procedures (Repealed)
1220.APPENDIX D     Characteristics of Levels of Anesthesia

AUTHORITY: Implementing the Illinois Dental Practice Act [225 ILCS 25] and authorized by
                                      ILLINOIS REGISTER                                       14459
                                                                                             05
            DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

                           NOTICE OF PROPOSED AMENDMENTS

Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105/2105-15(7)].

SOURCE: Rules and Regulations for the Administration and Enforcement of the Provisions of
the Illinois Dental Practice Act, effective August 16, 1967; amended at 3 Ill. Reg. 16, p. 21,
effective April 21, 1979; amended at 3 Ill. Reg. 42, p. 266, effective October 3, 1979; codified at
5 Ill. Reg. 11028; emergency amendment at 6 Ill. Reg. 916, effective January 6, 1982, for a
maximum of 150 days; amended at 6 Ill. Reg. 4174, effective May 24, 1982; amended at 6 Ill.
Reg. 7448, effective June 15, 1982; emergency amendment at 7 Ill. Reg. 8952, effective July 15,
1983, for a maximum of 150 days; emergency expired December 12, 1983; amended at 8 Ill.
Reg. 15610, effective August 15, 1984; amended at 10 Ill. Reg. 20725, effective December 1,
1986; transferred from Chapter I, 68 Ill. Adm. Code 220 (Department of Registration and
Education) to Chapter VII, 68 Ill. Adm. Code 1220 (Department of Professional Regulation)
pursuant to P.A. 85-225, effective January 1, 1988, at 12 Ill. Reg. 2926; amended at 13 Ill. Reg.
4191, effective March 16, 1989; amended at 13 Ill. Reg. 15043, effective September 11, 1989;
amended at 17 Ill. Reg. 1559, effective January 25, 1993; emergency amendment at 17 Ill. Reg.
8309, effective May 21, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 15890,
effective September 21, 1993; amended at 17 Ill. Reg. 21492, effective December 1, 1993;
amended at 19 Ill. Reg. 6606, effective April 28, 1995; amended at 21 Ill. Reg. 378, effective
December 20, 1996; emergency amendment at 22 Ill. Reg. 2332, effective January 8, 1998, for a
maximum of 150 days; amended at 22 Ill. Reg. 10574, effective June 1, 1998; amended at 22 Ill.
Reg. 14880, effective July 29, 1998; amended at 23 Ill. Reg. 7294, effective June 10, 1999;
amended at 24 Ill. Reg. 13992, effective August 31, 2000; amended at 25 Ill. Reg. 10901,
effective August 13, 2001; amended at 26 Ill. Reg. 18286, effective December 13, 2002;
amended at 29 Ill. Reg. ______, effective ____________.

                                    SUBPART A: DENTIST

Section 1220.120 Dental Examinations

       a)      The Department of Financial and Professional Regulation-Division of
               Professional Regulation (Division), upon recommendation of the Board of
               Dentistry (Board), shall accept the National Licensure Examination developed by
               the American Board of Dental Examiners, Inc. (ADEX)following examinations
               for licensure.: The passing score accepted by the Division shall be the passing
               score established by ADEX.

       b)      Until October 1, 2006, the Division, upon recommendation from the Board, shall
               accept:

               1)      Central Regional Dental Testing Service (CRDTS) and North East
                               ILLINOIS REGISTER                                      14460
                                                                                     05
      DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

                    NOTICE OF PROPOSED AMENDMENTS

               Regional Board (NERB) Combined Regional Examination (CORE) with a
               passing score of 75. Beginning July 1, 1998, the passing score accepted by
               the DivisionDepartment shall be the passing score established by the
               testing entity;

        2)     The North East Regional Board (NERB) with a passing score of 75 or
               better on each part. Beginning July 1, 1998, the passing score accepted by
               the DivisionDepartment shall be the passing score established by the
               testing entity;

        3)     The Central Regional Dental Testing Service (CRDTS) Examination taken
               after January 1, 1988, with a passing score of 75 or better on each part of
               the examination prior to May 1993. Beginning in May 1993, a passing
               score of 70 or better on each part of the examination shall be accepted for
               licensure. Beginning July 1, 1998, the passing score accepted by the
               DivisionDepartment shall be the passing score established by the testing
               entity. Beginning July 1, 2002, the passing score on the examination shall
               be 75;

        4)     The Southern Regional Testing Agency, Inc. (SRTA) Examination taken
               after January 1, 1991, with a passing score of 75% or better on each
               section of the examination. Beginning July 1, 1998, the passing score
               accepted by the DivisionDepartment shall be the passing score established
               by the testing entity; or

        5)     The Western Regional Examination Boards (WREB) Examination taken
               after May 1, 1998, with a passing score as established by the testing entity.

cb)     Retake requirements shall be that of the testing entity.

dc)     The applicant shall have the examination scores submitted to the
        DivisionDepartment directly from the reporting entity.

ed)     The DivisionDepartment will accept only examinations that have been completed
        in the 5 years prior to submission of the application, if never licensed in another
        jurisdiction.

(Source: Amended at 29 Ill. Reg. ______, effective ____________)

                      SUBPART B: DENTAL HYGIENIST
                                     ILLINOIS REGISTER                                      14461
                                                                                           05
            DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

                          NOTICE OF PROPOSED AMENDMENTS


Section 1220.220 Dental Hygiene Examination

      a)      The DivisionDepartment, upon recommendation of the Board, shall accept the
              National Licensure Examination developed by the American Board of Dental
              Examiners, Inc. (ADEX)following examinations for licensure.: The passing score
              accepted by the Division shall be the passing score established by ADEX.

      b)      Until October 1, 2006, the Division, upon recommendation from the Board, shall
              accept:


              1)     The North East Regional Board (NERB) with a passing score of 75 or
                     better on each part of the examination. Beginning July 1, 1998, the
                     passing score accepted by the DivisionDepartment shall be the passing
                     score established by the testing entity;

              2)     The Central Regional Dental Testing Service (CRDTS) Examination after
                     January 1, 1988, with a passing score of 75 prior to May 1993. Beginning
                     in May 1993 a passing score of 70 or better on each part of the
                     examination shall be accepted for licensure. Beginning July 1, 1998, the
                     passing score accepted by the DivisionDepartment shall be the passing
                     score established by the testing entity. Beginning July 1, 2002, the
                     passing score on the examination shall be 75;

              3)     The Southern Regional Testing Agency, Inc. (SRTA) Examination after
                     January 1, 1991, with a passing score of 75% or better on each part of the
                     examination. Beginning July 1, 1998, the passing score accepted by the
                     DivisionDepartment shall be the passing score established by the testing
                     entity; or

              4)     The Western Regional Examination Boards (WREB) Examination taken
                     after May 1, 1998, with a passing score as established by the testing entity.

      cb)     Retake requirements shall be that of the testing entity.

      dc)     The applicant shall have examination scores submitted to the DivisionDepartment
              directly from the reporting entity.

      ed)     The DivisionDepartment will only accept examinations that have been completed
                              ILLINOIS REGISTER                                       14462
                                                                                     05
   DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

                   NOTICE OF PROPOSED AMENDMENTS

       in the 5 years prior to submission of the application, if never licensed in another
       jurisdiction.

(Source: Amended at 29 Ill. Reg. ______, effective ____________)
                                   ILLINOIS REGISTER                                     14463
                                                                                        05
            DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                        NOTICE OF PROPOSED AMENDMENTS

1)   Heading of the Part:   Medical Payment

2)   Code Citation:   89 Ill. Adm. Code 140

3)   Section Numbers:              Proposed Action:
     140.400                       Amendment
     140.435                       Amendment
     140.436                       Amendment
     140.463                       Amendment
     140.924                       Amendment

4)   Statutory Authority:   Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-13]

5)   Complete Description of the Subjects and Issues Involved:

     Sections 140.400, 140.435, 140.436 and 140.924 - The proposed amendments allow all
     qualified Advanced Practice Nurses (APNs) to enroll as practitioners in the Medical
     Assistance Program and to be reimbursed at 100 percent of the physicians’ rate for
     services. Currently, APNs are paid at 70 percent of the established physicians’ rate and
     only four categories of APNs are eligible to receive medical assistance reimbursements.
     The changes will also allow APNs to participate in the Maternal and Child Health
     Program. It is expected that spending under these proposed changes will result in an
     approximate additional expenditure of $1.2 million.

     Section 140.463 - The proposed amendments will allow encounter rates for Federally
     Qualified Health Centers (FQHCs) to be based on the higher of their current rates or rates
     based on their fiscal year 2002 and 2003 cost reports. These changes will more
     accurately reflect current costs related to the FQHC rates, and will promote continued
     access to care for the Department’s medical assistance clients. This proposed change is
     expected to increase spending in fiscal year 2006 by approximately $2.6 million.

6)   Will this rulemaking replace any emergency rulemaking currently in effect?    No

7)   Does this rulemaking contain an automatic repeal date?    No

8)   Does this rulemaking contain incorporations by reference?      No

9)   Are there any other proposed amendments pending on this Part?       Yes

     Sections               Proposed Action       Illinois Register Citation
                                   ILLINOIS REGISTER                                      14464
                                                                                         05
             DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                        NOTICE OF PROPOSED AMENDMENTS

      140.3                 Amendment             April 1, 2005 (29 Ill. Reg. 4679)
      140.80                Amendment             August 12, 2005 (29 Ill. Reg. 12338)
      140.455               Amendment             June 17, 2005 (29 Ill. Reg. 8500)
      140.470               Amendment             April 1, 2005 (29 Ill. Reg. 4679)
      140.471               Amendment             April 1, 2005 (29 Ill. Reg. 4679)
      140.472               Amendment             April 1, 2005 (29 Ill. Reg. 4679)
      140.473               Amendment             April 1, 2005 (29 Ill. Reg. 4679)
      140.474               Amendment             pril 1, 2005 (29 Ill. Reg. 4679)

10)   Statement of Statewide Policy Objective:   This rulemaking does not affect units of local
      government.

11)   Time, Place, and Manner in Which Interested Persons May Comment on this Proposed
      Rulemaking: Any interested parties may submit comments, data, views, or arguments
      concerning this proposed rulemaking. All comments must be in writing and should be
      addressed to:

             Joanne Scattoloni
             Office of the General Counsel, Rules Section
             Illinois Department of Healthcare and Family Services
             201 South Grand Avenue East, Third Floor
             Springfield, Illinois 62763-0002

             (217) 524-0081

      The Department requests the submission of written comments within 30 days after the
      publication of this Notice. The Department will consider all written comments it receives
      during the first notice period as required by Section 5-40 of the Illinois Administrative
      Procedure Act [5 ILCS 100/5-40].

      Any interested persons may review these proposed amendments on the Internet at
      http://www.dpaillinois.com/publicnotice/ Access to the Internet is available through
      any local public library. In addition, the amendments may be reviewed at the Illinois
      Department of Human Services' local offices (except in Cook County). In Cook County,
      the amendments may be reviewed at the Office of the Director, Department of Healthcare
      and Family Services, 100 West Randolph Street, Suite 10-300, Chicago, Illinois. The
      amendments may be reviewed at all offices Monday through Friday from 8:30 a.m. until
      5:00 p.m. This notice is being provided in accordance with federal requirements at 42
      CFR 447.205.
                                     ILLINOIS REGISTER                                     14465
                                                                                          05
               DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                          NOTICE OF PROPOSED AMENDMENTS

12)    Initial Regulatory Flexibility Analysis:

       A)     Types of small businesses, small municipalities and not-for-profit corporations
              affected:

              Sections 140.400, 140.435, 140.436 and 140.924 - None

              Section 140.463 - Federally Qualified Health Centers will be affected.

       B)     Reporting, bookkeeping or other procedures required for compliance:      None

       C)     Types of professional skills necessary for compliance: None

13)    Regulatory Agenda on Which this Rulemaking Was Summarized:

       Sections 140.400, 140.435, 140.436 and 140.924 – July 2005

       Section 140.463 - This rulemaking was not anticipated by the Department when the most
       recent regulatory agendas were published.

The full text of the Proposed Amendments begins on the next page:
                                ILLINOIS REGISTER                                      14466
                                                                                      05
          DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                     NOTICE OF PROPOSED AMENDMENTS

                      TITLE 89: SOCIAL SERVICES
 CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICESPUBLIC AID
                  SUBCHAPTER d: MEDICAL PROGRAMS

                                   PART 140
                               MEDICAL PAYMENT

                      SUBPART A: GENERAL PROVISIONS

Section
140.1     Incorporation By Reference
140.2     Medical Assistance Programs
140.3     Covered Services Under Medical Assistance Programs
140.4     Covered Medical Services Under AFDC-MANG for non-pregnant persons who
          are 18 years of age or older (Repealed)
140.5     Covered Medical Services Under General Assistance
140.6     Medical Services Not Covered
140.7     Medical Assistance Provided to Individuals Under the Age of Eighteen Who Do
          Not Qualify for AFDC and Children Under Age Eight
140.8     Medical Assistance For Qualified Severely Impaired Individuals
140.9     Medical Assistance for a Pregnant Woman Who Would Not Be Categorically
          Eligible for AFDC/AFDC-MANG if the Child Were Already Born Or Who Do
          Not Qualify As Mandatory Categorically Needy
140.10    Medical Assistance Provided to Incarcerated Persons

             SUBPART B: MEDICAL PROVIDER PARTICIPATION

Section
140.11    Enrollment Conditions for Medical Providers
140.12    Participation Requirements for Medical Providers
140.13    Definitions
140.14    Denial of Application to Participate in the Medical Assistance Program
140.15    Recovery of Money
140.16    Termination or Suspension of a Vendor's Eligibility to Participate in the Medical
          Assistance Program
140.17    Suspension of a Vendor's Eligibility to Participate in the Medical Assistance
          Program
140.18    Effect of Termination on Individuals Associated with Vendor
140.19    Application to Participate or for Reinstatement Subsequent to Termination,
          Suspension or Barring
                               ILLINOIS REGISTER                                    14467
                                                                                   05
          DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                    NOTICE OF PROPOSED AMENDMENTS

140.20    Submittal of Claims
140.21    Reimbursement for QMB Eligible Medical Assistance Recipients and QMB
          Eligible Only Recipients and Individuals Who Are Entitled to Medicare Part A or
          Part B and Are Eligible for Some Form of Medicaid Benefits
140.22    Magnetic Tape Billings (Repealed)
140.23    Payment of Claims
140.24    Payment Procedures
140.25    Overpayment or Underpayment of Claims
140.26    Payment to Factors Prohibited
140.27    Assignment of Vendor Payments
140.28    Record Requirements for Medical Providers
140.30    Audits
140.31    Emergency Services Audits
140.32    Prohibition on Participation, and Special Permission for Participation
140.33    Publication of List of Terminated, Suspended or Barred Entities
140.35    False Reporting and Other Fraudulent Activities
140.40    Prior Approval for Medical Services or Items
140.41    Prior Approval in Cases of Emergency
140.42    Limitation on Prior Approval
140.43    Post Approval for Items or Services When Prior Approval Cannot Be Obtained
140.55    Recipient Eligibility Verification (REV) System
140.71    Reimbursement for Medical Services Through the Use of a C-13 Invoice Voucher
          Advance Payment and Expedited Payments
140.72    Drug Manual (Recodified)
140.73    Drug Manual Updates (Recodified)

                    SUBPART C: PROVIDER ASSESSMENTS

Section
140.80    Hospital Provider Fund
140.82    Developmentally Disabled Care Provider Fund
140.84    Long Term Care Provider Fund
140.94    Medicaid Developmentally Disabled Provider Participation Fee Trust
          Fund/Medicaid Long Term Care Provider Participation Fee Trust Fund
140.95    Hospital Services Trust Fund
140.96    General Requirements (Recodified)
140.97    Special Requirements (Recodified)
140.98    Covered Hospital Services (Recodified)
140.99    Hospital Services Not Covered (Recodified)
140.100   Limitation On Hospital Services (Recodified)
                               ILLINOIS REGISTER                                  14468
                                                                                 05
           DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                     NOTICE OF PROPOSED AMENDMENTS

140.101    Transplants (Recodified)
140.102    Heart Transplants (Recodified)
140.103    Liver Transplants (Recodified)
140.104    Bone Marrow Transplants (Recodified)
140.110    Disproportionate Share Hospital Adjustments (Recodified)
140.116    Payment for Inpatient Services for GA (Recodified)
140.117    Hospital Outpatient and Clinic Services (Recodified)
140.200    Payment for Hospital Services During Fiscal Year 1982 (Recodified)
140.201    Payment for Hospital Services After June 30, 1982 (Repealed)
140.202    Payment for Hospital Services During Fiscal Year 1983 (Recodified)
140.203    Limits on Length of Stay by Diagnosis (Recodified)
140.300    Payment for Pre-operative Days and Services Which Can Be Performed in an
           Outpatient Setting (Recodified)
140.350    Copayments (Recodified)
140.360    Payment Methodology (Recodified)
140.361    Non-Participating Hospitals (Recodified)
140.362    Pre July 1, 1989 Services (Recodified)
140.363    Post June 30, 1989 Services (Recodified)
140.364    Prepayment Review (Recodified)
140.365    Base Year Costs (Recodified)
140.366    Restructuring Adjustment (Recodified)
140.367    Inflation Adjustment (Recodified)
140.368    Volume Adjustment (Repealed)
140.369    Groupings (Recodified)
140.370    Rate Calculation (Recodified)
140.371    Payment (Recodified)
140.372    Review Procedure (Recodified)
140.373    Utilization (Repealed)
140.374    Alternatives (Recodified)
140.375    Exemptions (Recodified)
140.376    Utilization, Case-Mix and Discretionary Funds (Repealed)
140.390    Subacute Alcoholism and Substance Abuse Services (Recodified)
140.391    Definitions (Recodified)
140.392    Types of Subacute Alcoholism and Substance Abuse Services (Recodified)
140.394    Payment for Subacute Alcoholism and Substance Abuse Services (Recodified)
140.396    Rate Appeals for Subacute Alcoholism and Substance Abuse Services
           (Recodified)
140.398    Hearings (Recodified)

          SUBPART D: PAYMENT FOR NON-INSTITUTIONAL SERVICES
                               ILLINOIS REGISTER                                   14469
                                                                                  05
          DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                    NOTICE OF PROPOSED AMENDMENTS


Section
140.400   Payment to Practitioners
140.402   Copayments for Noninstitutional Medical Services
140.405   SeniorCare Pharmaceutical Benefit
140.410   Physicians' Services
140.411   Covered Services By Physicians
140.412   Services Not Covered By Physicians
140.413   Limitation on Physician Services
140.414   Requirements for Prescriptions and Dispensing of Pharmacy Items – Physicians
140.416   Optometric Services and Materials
140.417   Limitations on Optometric Services
140.418   Department of Corrections Laboratory
140.420   Dental Services
140.421   Limitations on Dental Services
140.422   Requirements for Prescriptions and Dispensing Items of Pharmacy Items –
          Dentists
140.425   Podiatry Services
140.426   Limitations on Podiatry Services
140.427   Requirement for Prescriptions and Dispensing of Pharmacy Items – Podiatry
140.428   Chiropractic Services
140.429   Limitations on Chiropractic Services (Repealed)
140.430   Independent Clinical Laboratory Services
140.431   Services Not Covered by Independent Clinical Laboratories
140.432   Limitations on Independent Clinical Laboratory Services
140.433   Payment for Clinical Laboratory Services
140.434   Record Requirements for Independent Clinical Laboratories
140.435   Advanced Practice Nurse Services
140.436   Limitations on Advanced Practice Nurse Services
140.438   Imaging Centers
140.440   Pharmacy Services
140.441   Pharmacy Services Not Covered
140.442   Prior Approval of Prescriptions
140.443   Filling of Prescriptions
140.444   Compounded Prescriptions
140.445   Legend Prescription Items (Not Compounded)
140.446   Over-the-Counter Items
140.447   Reimbursement
140.448   Returned Pharmacy Items
140.449   Payment of Pharmacy Items
                               ILLINOIS REGISTER                                   14470
                                                                                  05
          DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                    NOTICE OF PROPOSED AMENDMENTS

140.450   Record Requirements for Pharmacies
140.451   Prospective Drug Review and Patient Counseling
140.452   Mental Health Services
140.453   Definitions
140.454   Types of Mental Health Services
140.455   Payment for Mental Health Services
140.456   Hearings
140.457   Therapy Services
140.458   Prior Approval for Therapy Services
140.459   Payment for Therapy Services
140.460   Clinic Services
140.461   Clinic Participation, Data and Certification Requirements
140.462   Covered Services in Clinics
140.463   Clinic Service Payment
140.464   Hospital-Based and Encounter Rate Clinic Payments
140.465   Speech and Hearing Clinics (Repealed)
140.466   Rural Health Clinics (Repealed)
140.467   Independent Clinics
140.469   Hospice
140.470   Home Health Services
140.471   Home Health Covered Services
140.472   Types of Home Health Services
140.473   Prior Approval for Home Health Services
140.474   Payment for Home Health Services
140.475   Medical Equipment, Supplies, Prosthetic Devices and Orthotic Devices
140.476   Medical Equipment, Supplies, Prosthetic Devices and Orthotic Devices for Which
          Payment Will Not Be Made
140.477   Limitations on Equipment, Prosthetic Devices and Orthotic Devices
140.478   Prior Approval for Medical Equipment, Supplies, Prosthetic Devices and Orthotic
          Devices
140.479   Limitations, Medical Supplies
140.480   Equipment Rental Limitations
140.481   Payment for Medical Equipment, Supplies, Prosthetic Devices and Hearing Aids
140.482   Family Planning Services
140.483   Limitations on Family Planning Services
140.484   Payment for Family Planning Services
140.485   Healthy Kids Program
140.486   Illinois Healthy Women
140.487   Healthy Kids Program Timeliness Standards
140.488   Periodicity Schedules, Immunizations and Diagnostic Laboratory Procedures
                                ILLINOIS REGISTER                                       14471
                                                                                       05
          DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                     NOTICE OF PROPOSED AMENDMENTS

140.490   Medical Transportation
140.491   Limitations on Medical Transportation
140.492   Payment for Medical Transportation
140.493   Payment for Helicopter Transportation
140.494   Record Requirements for Medical Transportation Services
140.495   Psychological Services
140.496   Payment for Psychological Services
140.497   Hearing Aids
140.498   Fingerprint-Based Criminal Background Checks

                           SUBPART E: GROUP CARE

Section
140.500   Long Term Care Services
140.502   Cessation of Payment at Federal Direction
140.503   Cessation of Payment for Improper Level of Care
140.504   Cessation of Payment Because of Termination of Facility
140.505   Informal Hearing Process for Denial of Payment for New ICF/MR
140.506   Provider Voluntary Withdrawal
140.507   Continuation of Provider Agreement
140.510   Determination of Need for Group Care
140.511   Long Term Care Services Covered By Department Payment
140.512   Utilization Control
140.513   Notification of Change in Resident Status
140.514   Certifications and Recertifications of Care (Repealed)
140.515   Management of Recipient Funds – Personal Allowance Funds
140.516   Recipient Management of Funds
140.517   Correspondent Management of Funds
140.518   Facility Management of Funds
140.519   Use or Accumulation of Funds
140.520   Management of Recipient Funds – Local Office Responsibility
140.521   Room and Board Accounts
140.522   Reconciliation of Recipient Funds
140.523   Bed Reserves
140.524   Cessation of Payment Due to Loss of License
140.525   Quality Incentive Program (QUIP) Payment Levels
140.526   Quality Incentive Standards and Criteria for the Quality Incentive Program
          (QUIP) (Repealed)
140.527   Quality Incentive Survey (Repealed)
140.528   Payment of Quality Incentive (Repealed)
                               ILLINOIS REGISTER                                   14472
                                                                                  05
          DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                    NOTICE OF PROPOSED AMENDMENTS

140.529   Reviews (Repealed)
140.530   Basis of Payment for Long Term Care Services
140.531   General Service Costs
140.532   Health Care Costs
140.533   General Administration Costs
140.534   Ownership Costs
140.535   Costs for Interest, Taxes and Rent
140.536   Organization and Pre-Operating Costs
140.537   Payments to Related Organizations
140.538   Special Costs
140.539   Reimbursement for Basic Nursing Assistant, Developmental Disabilities Aide,
          Basic Child Care Aide and Habilitation Aide Training and Nursing Assistant
          Competency Evaluation
140.540   Costs Associated With Nursing Home Care Reform Act and Implementing
          Regulations
140.541   Salaries Paid to Owners or Related Parties
140.542   Cost Reports – Filing Requirements
140.543   Time Standards for Filing Cost Reports
140.544   Access to Cost Reports (Repealed)
140.545   Penalty for Failure to File Cost Reports
140.550   Update of Operating Costs
140.551   General Service Costs Updates
140.552   Nursing and Program Costs
140.553   General Administrative Costs Updates
140.554   Component Inflation Index (Repealed)
140.555   Minimum Wage
140.560   Components of the Base Rate Determination
140.561   Support Costs Components
140.562   Nursing Costs
140.563   Capital Costs
140.565   Kosher Kitchen Reimbursement
140.566   Out-of-State Placement
140.567   Level II Incentive Payments (Repealed)
140.568   Duration of Incentive Payments (Repealed)
140.569   Clients With Exceptional Care Needs
140.570   Capital Rate Component Determination
140.571   Capital Rate Calculation
140.572   Total Capital Rate
140.573   Other Capital Provisions
140.574   Capital Rates for Rented Facilities
                               ILLINOIS REGISTER                                    14473
                                                                                   05
          DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                     NOTICE OF PROPOSED AMENDMENTS

140.575   Newly Constructed Facilities (Repealed)
140.576   Renovations (Repealed)
140.577   Capital Costs for Rented Facilities (Renumbered)
140.578   Property Taxes
140.579   Specialized Living Centers
140.580   Mandated Capital Improvements (Repealed)
140.581   Qualifying as Mandated Capital Improvement (Repealed)
140.582   Cost Adjustments
140.583   Campus Facilities
140.584   Illinois Municipal Retirement Fund (IMRF)
140.590   Audit and Record Requirements
140.642   Screening Assessment for Nursing Facility and Alternative Residential Settings
          and Services
140.643   In-Home Care Program
140.645   Home and Community Based Services Waivers for Medically Fragile,
          Technology Dependent, Disabled Persons Under Age 21 (Repealed)
140.646   Reimbursement for Developmental Training (DT) Services for Individuals With
          Developmental Disabilities Who Reside in Long Term Care (ICF and SNF) and
          Residential (ICF/MR) Facilities
140.647   Description of Developmental Training (DT) Services
140.648   Determination of the Amount of Reimbursement for Developmental Training
          (DT) Programs
140.649   Effective Dates of Reimbursement for Developmental Training (DT) Programs
140.650   Certification of Developmental Training (DT) Programs
140.651   Decertification of Day Programs
140.652   Terms of Assurances and Contracts
140.680   Effective Date Of Payment Rate
140.700   Discharge of Long Term Care Residents
140.830   Appeals of Rate Determinations
140.835   Determination of Cap on Payments for Long Term Care (Repealed)

             SUBPART F: FEDERAL CLAIMING FOR STATE AND
                   LOCAL GOVERNMENTAL ENTITIES

Section
140.850   Reimbursement of Administrative Expenditures
140.855   Administrative Claim Review and Reconsideration Procedure
140.860   County Owned or Operated Nursing Facilities
140.865   Sponsor Qualifications (Repealed)
140.870   Sponsor Responsibilities (Repealed)
                               ILLINOIS REGISTER                                  14474
                                                                                 05
          DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                    NOTICE OF PROPOSED AMENDMENTS

140.875   Department Responsibilities (Repealed)
140.880   Provider Qualifications (Repealed)
140.885   Provider Responsibilities (Repealed)
140.890   Payment Methodology (Repealed)
140.895   Contract Monitoring (Repealed)
140.896   Reimbursement For Program Costs (Active Treatment) For Clients in Long Term
          Care Facilities For the Developmentally Disabled (Recodified)
140.900   Reimbursement For Nursing Costs For Geriatric Residents in Group Care
          Facilities (Recodified)
140.901   Functional Areas of Needs (Recodified)
140.902   Service Needs (Recodified)
140.903   Definitions (Recodified)
140.904   Times and Staff Levels (Repealed)
140.905   Statewide Rates (Repealed)
140.906   Reconsiderations (Recodified)
140.907   Midnight Census Report (Recodified)
140.908   Times and Staff Levels (Recodified)
140.909   Statewide Rates (Recodified)
140.910   Referrals (Recodified)
140.911   Basic Rehabilitation Aide Training Program (Recodified)
140.912   Interim Nursing Rates (Recodified)

          SUBPART G: MATERNAL AND CHILD HEALTH PROGRAM

Section
140.920   General Description
140.922   Covered Services
140.924   Maternal and Child Health Provider Participation Requirements
140.926   Client Eligibility (Repealed)
140.928   Client Enrollment and Program Components (Repealed)
140.930   Reimbursement
140.932   Payment Authorization for Referrals (Repealed)

             SUBPART H: ILLINOIS COMPETITIVE ACCESS AND
               REIMBURSEMENT EQUITY (ICARE) PROGRAM

Section
140.940   Illinois Competitive Access and Reimbursement Equity (ICARE) Program
          (Recodified)
140.942   Definition of Terms (Recodified)
                                   ILLINOIS REGISTER                                    14475
                                                                                       05
              DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                        NOTICE OF PROPOSED AMENDMENTS

140.944       Notification of Negotiations (Recodified)
140.946       Hospital Participation in ICARE Program Negotiations (Recodified)
140.948       Negotiation Procedures (Recodified)
140.950       Factors Considered in Awarding ICARE Contracts (Recodified)
140.952       Closing an ICARE Area (Recodified)
140.954       Administrative Review (Recodified)
140.956       Payments to Contracting Hospitals (Recodified)
140.958       Admitting and Clinical Privileges (Recodified)
140.960       Inpatient Hospital Care or Services by Non-Contracting Hospitals Eligible for
              Payment (Recodified)
140.962       Payment to Hospitals for Inpatient Services or Care not Provided under the
              ICARE Program (Recodified)
140.964       Contract Monitoring (Recodified)
140.966       Transfer of Recipients (Recodified)
140.968       Validity of Contracts (Recodified)
140.970       Termination of ICARE Contracts (Recodified)
140.972       Hospital Services Procurement Advisory Board (Recodified)
140.980       Elimination Of Aid To The Medically Indigent (AMI) Program (Emergency
              Expired)
140.982       Elimination Of Hospital Services For Persons Age Eighteen (18) And Older And
              Persons Married And Living With Spouse, Regardless Of Age (Emergency
              Expired)

140.TABLE A          Medichek Recommended Screening Procedures (Repealed)
140.TABLE B          Geographic Areas
140.TABLE C          Capital Cost Areas
140.TABLE D          Schedule of Dental Procedures
140.TABLE E          Time Limits for Processing of Prior Approval Requests
140.TABLE F          Podiatry Service Schedule
140.TABLE G          Travel Distance Standards
140.TABLE H          Areas of Major Life Activity
140.TABLE I          Staff Time and Allocation for Training Programs (Recodified)
140.TABLE J          HSA Grouping (Repealed)
140.TABLE K          Services Qualifying for 10% Add-On (Repealed)
140.TABLE L          Services Qualifying for 10% Add-On to Surgical Incentive Add-On
                     (Repealed)
140.TABLE M          Enhanced Rates for Maternal and Child Health Provider Services

AUTHORITY: Implementing and authorized by Articles III, IV, V, VI and Section 12-13 of the
Illinois Public Aid Code [305 ILCS 5/Arts. III, IV, V, VI and 12-13].
                                     ILLINOIS REGISTER                                      14476
                                                                                           05
               DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                          NOTICE OF PROPOSED AMENDMENTS


SOURCE: Adopted at 3 Ill. Reg. 24, p. 166, effective June 10, 1979; rule repealed and new rule
adopted at 6 Ill. Reg. 8374, effective July 6, 1982; emergency amendment at 6 Ill. Reg. 8508,
effective July 6, 1982, for a maximum of 150 days; amended at 7 Ill. Reg. 681, effective
December 30, 1982; amended at 7 Ill. Reg. 7956, effective July 1, 1983; amended at 7 Ill. Reg.
8308, effective July 1, 1983; amended at 7 Ill. Reg. 8271, effective July 5, 1983; emergency
amendment at 7 Ill. Reg. 8354, effective July 5, 1983, for a maximum of 150 days; amended at 7
Ill. Reg. 8540, effective July 15, 1983; amended at 7 Ill. Reg. 9382, effective July 22, 1983;
amended at 7 Ill. Reg. 12868, effective September 20, 1983; peremptory amendment at 7 Ill.
Reg. 15047, effective October 31, 1983; amended at 7 Ill. Reg. 17358, effective December 21,
l983; amended at 8 Ill. Reg. 254, effective December 21, 1983; emergency amendment at 8 Ill.
Reg. 580, effective January 1, 1984, for a maximum of 150 days; codified at 8 Ill. Reg. 2483;
amended at 8 Ill. Reg. 3012, effective February 22, 1984; amended at 8 Ill. Reg. 5262, effective
April 9, 1984; amended at 8 Ill. Reg. 6785, effective April 27, 1984; amended at 8 Ill. Reg. 6983,
effective May 9, 1984; amended at 8 Ill. Reg. 7258, effective May 16, 1984; emergency
amendment at 8 Ill. Reg. 7910, effective May 22, 1984, for a maximum of 150 days; amended at
8 Ill. Reg. 7910, effective June 1, 1984; amended at 8 Ill. Reg. 10032, effective June 18, 1984;
emergency amendment at 8 Ill. Reg. 10062, effective June 20, 1984, for a maximum of 150 days;
amended at 8 Ill. Reg. 13343, effective July 17, 1984; amended at 8 Ill. Reg. 13779, effective
July 24, 1984; Sections 140.72 and 140.73 recodified to 89 Ill. Adm. Code 141 at 8 Ill. Reg.
16354; amended (by adding sections being codified with no substantive change) at 8 Ill. Reg.
17899; peremptory amendment at 8 Ill. Reg. 18151, effective September 18, 1984; amended at 8
Ill. Reg. 21629, effective October 19, 1984; peremptory amendment at 8 Ill. Reg. 21677,
effective October 24, 1984; amended at 8 Ill. Reg. 22097, effective October 24, 1984;
peremptory amendment at 8 Ill. Reg. 22155, effective October 29, 1984; amended at 8 Ill. Reg.
23218, effective November 20, 1984; emergency amendment at 8 Ill. Reg. 23721, effective
November 21, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 25067, effective
December 19, 1984; emergency amendment at 9 Ill. Reg. 407, effective January 1, 1985, for a
maximum of 150 days; amended at 9 Ill. Reg. 2697, effective February 22, 1985; amended at 9
Ill. Reg. 6235, effective April 19, 1985; amended at 9 Ill. Reg. 8677, effective May 28, 1985;
amended at 9 Ill. Reg. 9564, effective June 5, 1985; amended at 9 Ill. Reg. 10025, effective June
26, 1985; emergency amendment at 9 Ill. Reg. 11403, effective June 27, 1985, for a maximum of
150 days; amended at 9 Ill. Reg. 11357, effective June 28, 1985; amended at 9 Ill. Reg. 12000,
effective July 24, 1985; amended at 9 Ill. Reg. 12306, effective August 5, 1985; amended at 9 Ill.
Reg. 13998, effective September 3, 1985; amended at 9 Ill. Reg. 14684, effective September 13,
1985; amended at 9 Ill. Reg. 15503, effective October 4, 1985; amended at 9 Ill. Reg. 16312,
effective October 11, 1985; amended at 9 Ill. Reg. 19138, effective December 2, 1985; amended
at 9 Ill. Reg. 19737, effective December 9, 1985; amended at 10 Ill. Reg. 238, effective
December 27, 1985; emergency amendment at 10 Ill. Reg. 798, effective January 1, 1986, for a
maximum of 150 days; amended at 10 Ill. Reg. 672, effective January 6, 1986; amended at 10 Ill.
                                     ILLINOIS REGISTER                                     14477
                                                                                          05
               DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                          NOTICE OF PROPOSED AMENDMENTS

Reg. 1206, effective January 13, 1986; amended at 10 Ill. Reg. 3041, effective January 24, 1986;
amended at 10 Ill. Reg. 6981, effective April 16, 1986; amended at 10 Ill. Reg. 7825, effective
April 30, 1986; amended at 10 Ill. Reg. 8128, effective May 7, 1986; emergency amendment at
10 Ill. Reg. 8912, effective May 13, 1986, for a maximum of 150 days; amended at 10 Ill. Reg.
11440, effective June 20, 1986; amended at 10 Ill. Reg. 14714, effective August 27, 1986;
amended at 10 Ill. Reg. 15211, effective September 12, 1986; emergency amendment at 10 Ill.
Reg. 16729, effective September 18, 1986, for a maximum of 150 days; amended at 10 Ill. Reg.
18808, effective October 24, 1986; amended at 10 Ill. Reg. 19742, effective November 12, 1986;
amended at 10 Ill. Reg. 21784, effective December 15, 1986; amended at 11 Ill. Reg. 698,
effective December 19, 1986; amended at 11 Ill. Reg. 1418, effective December 31, 1986;
amended at 11 Ill. Reg. 2323, effective January 16, 1987; amended at 11 Ill. Reg. 4002, effective
February 25, 1987; Section 140.71 recodified to 89 Ill. Adm. Code 141 at 11 Ill. Reg. 4302;
amended at 11 Ill. Reg. 4303, effective March 6, 1987; amended at 11 Ill. Reg.7664, effective
April 15, 1987; emergency amendment at 11 Ill. Reg. 9342, effective April 20, 1987, for a
maximum of 150 days; amended at 11 Ill. Reg. 9169, effective April 28, 1987; amended at 11 Ill.
Reg. 10903, effective June 1, 1987; amended at 11 Ill. Reg. 11528, effective June 22, 1987;
amended at 11 Ill. Reg. 12011, effective June 30, 1987; amended at 11 Ill. Reg. 12290, effective
July 6, 1987; amended at 11 Ill. Reg. 14048, effective August 14, 1987; amended at 11 Ill. Reg.
14771, effective August 25, 1987; amended at 11 Ill. Reg. 16758, effective September 28, 1987;
amended at 11 Ill. Reg. 17295, effective September 30, 1987; amended at 11 Ill. Reg. 18696,
effective October 27, 1987; amended at 11 Ill. Reg. 20909, effective December 14, 1987;
amended at 12 Ill. Reg. 916, effective January 1, 1988; emergency amendment at 12 Ill. Reg.
1960, effective January 1, 1988, for a maximum of 150 days; amended at 12 Ill. Reg. 5427,
effective March 15, 1988; amended at 12 Ill. Reg. 6246, effective March 16, 1988; amended at
12 Ill. Reg. 6728, effective March 22, 1988; Sections 140.900 thru 140.912 and 140.Table H and
140.Table I recodified to 89 Ill. Adm. Code 147.5 thru 147.205 and 147.Table A and 147.Table
B at 12 Ill. Reg. 6956; amended at 12 Ill. Reg. 6927, effective April 5, 1988; Sections 140.940
thru 140.972 recodified to 89 Ill. Adm. Code 149.5 thru 149.325 at 12 Ill. Reg. 7401; amended at
12 Ill. Reg. 7695, effective April 21, 1988; amended at 12 Ill. Reg. 10497, effective June 3,
1988; amended at 12 Ill. Reg. 10717, effective June 14, 1988; emergency amendment at 12 Ill.
Reg. 11868, effective July 1, 1988, for a maximum of 150 days; amended at 12 Ill. Reg. 12509,
effective July 15, 1988; amended at 12 Ill. Reg. 14271, effective August 29, 1988; emergency
amendment at 12 Ill. Reg. 16921, effective September 28, 1988, for a maximum of 150 days;
amended at 12 Ill. Reg. 16738, effective October 5, 1988; amended at 12 Ill. Reg. 17879,
effective October 24, 1988; amended at 12 Ill. Reg. 18198, effective November 4, 1988;
amended at 12 Ill. Reg. 19396, effective November 6, 1988; amended at 12 Ill. Reg. 19734,
effective November 15, 1988; amended at 13 Ill. Reg. 125, effective January 1, 1989; amended
at 13 Ill. Reg. 2475, effective February 14, 1989; amended at 13 Ill. Reg. 3069, effective
February 28, 1989; amended at 13 Ill. Reg. 3351, effective March 6, 1989; amended at 13 Ill.
Reg. 3917, effective March 17, 1989; amended at 13 Ill. Reg. 5115, effective April 3, 1989;
                                     ILLINOIS REGISTER                                     14478
                                                                                          05
               DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                          NOTICE OF PROPOSED AMENDMENTS

amended at 13 Ill. Reg. 5718, effective April 10, 1989; amended at 13 Ill. Reg. 7025, effective
April 24, 1989; Sections 140.850 thru 140.896 recodified to 89 Ill. Adm. Code 146.5 thru
146.225 at 13 Ill. Reg. 7040; amended at 13 Ill. Reg. 7786, effective May 20, 1989; Sections
140.94 thru 140.398 recodified to 89 Ill. Adm. Code 148.10 thru 148.390 at 13 Ill. Reg. 9572;
emergency amendment at 13 Ill. Reg. 10977, effective July 1, 1989, for a maximum of 150 days;
emergency expired November 28, 1989; amended at 13 Ill. Reg. 11516, effective July 3, 1989;
amended at 13 Ill. Reg. 12119, effective July 7, 1989; Section 140.110 recodified to 89 Ill. Adm.
Code 148.120 at 13 Ill. Reg. 12118; amended at 13 Ill. Reg. 12562, effective July 17, 1989;
amended at 13 Ill. Reg. 14391, effective August 31, 1989; emergency amendment at 13 Ill. Reg.
15473, effective September 12, 1989, for a maximum of 150 days; amended at 13 Ill. Reg.
16992, effective October 16, 1989; amended at 14 Ill. Reg. 190, effective December 21, 1989;
amended at 14 Ill. Reg. 2564, effective February 9, 1990; emergency amendment at 14 Ill. Reg.
3241, effective February 14, 1990, for a maximum of 150 days; emergency expired July 14,
1990; amended at 14 Ill. Reg. 4543, effective March 12, 1990; emergency amendment at 14 Ill.
Reg. 4577, effective March 6, 1990, for a maximum of 150 days; emergency expired August 3,
1990; emergency amendment at 14 Ill. Reg. 5575, effective April 1, 1990, for a maximum of 150
days; emergency expired August 29, 1990; emergency amendment at 14 Ill. Reg. 5865, effective
April 3, 1990, for a maximum of 150 days; amended at 14 Ill. Reg. 7141, effective April 27,
1990; emergency amendment at 14 Ill. Reg. 7249, effective April 27, 1990, for a maximum of
150 days; amended at 14 Ill. Reg. 10062, effective June 12, 1990; amended at 14 Ill. Reg. 10409,
effective June 19, 1990; emergency amendment at 14 Ill. Reg. 12082, effective July 5, 1990, for
a maximum of 150 days; amended at 14 Ill. Reg. 13262, effective August 6, 1990; emergency
amendment at 14 Ill. Reg. 14184, effective August 16, 1990, for a maximum of 150 days;
emergency amendment at 14 Ill. Reg. 14570, effective August 22, 1990, for a maximum of 150
days; amended at 14 Ill. Reg. 14826, effective August 31, 1990; amended at 14 Ill. Reg. 15366,
effective September 12, 1990; amended at 14 Ill. Reg. 15981, effective September 21, 1990;
amended at 14 Ill. Reg. 17279, effective October 12, 1990; amended at 14 Ill. Reg. 18057,
effective October 22, 1990; amended at 14 Ill. Reg. 18508, effective October 30, 1990; amended
at 14 Ill. Reg. 18813, effective November 6, 1990; Notice of Corrections to Adopted
Amendment at 15 Ill. Reg. 1174; amended at 14 Ill. Reg. 20478, effective December 7, 1990;
amended at 14 Ill. Reg. 20729, effective December 12, 1990; amended at 15 Ill. Reg. 298,
effective December 28, 1990; emergency amendment at 15 Ill. Reg. 592, effective January 1,
1991, for a maximum of 150 days; amended at 15 Ill. Reg. 1051, effective January 18, 1991;
amended at 15 Ill. Reg. 6220, effective April 18, 1991; amended at 15 Ill. Reg. 6534, effective
April 30, 1991; amended at 15 Ill. Reg. 8264, effective May 23, 1991; amended at 15 Ill. Reg.
8972, effective June 17, 1991; amended at 15 Ill. Reg. 10114, effective June 21, 1991; amended
at 15 Ill. Reg. 10468, effective July 1, 1991; amended at 15 Ill. Reg. 11176, effective August 1,
1991; emergency amendment at 15 Ill. Reg. 11515, effective July 25, 1991, for a maximum of
150 days; emergency expired December 22, 1991; emergency amendment at 15 Ill. Reg. 12919,
effective August 15, 1991, for a maximum of 150 days; emergency expired January 12, 1992;
                                    ILLINOIS REGISTER                                     14479
                                                                                         05
               DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                          NOTICE OF PROPOSED AMENDMENTS

emergency amendment at 15 Ill. Reg. 16366, effective October 22, 1991, for a maximum of 150
days; amended at 15 Ill. Reg. 17318, effective November 18, 1991; amended at 15 Ill. Reg.
17733, effective November 22, 1991; emergency amendment at 16 Ill. Reg. 300, effective
December 20, 1991, for a maximum of 150 days; amended at 16 Ill. Reg. 174, effective
December 24, 1991; amended at 16 Ill. Reg. 1877, effective January 24, 1992; amended at 16 Ill.
Reg. 3552, effective February 28, 1992; amended at 16 Ill. Reg. 4006, effective March 6, 1992;
amended at 16 Ill. Reg. 6408, effective March 20, 1992; expedited correction at 16 Ill. Reg.
11348, effective March 20, 1992; amended at 16 Ill. Reg. 6849, effective April 7, 1992; amended
at 16 Ill. Reg. 7017, effective April 17, 1992; amended at 16 Ill. Reg. 10050, effective June 5,
1992; amended at 16 Ill. Reg. 11174, effective June 26, 1992; emergency amendment at 16 Ill.
Reg. 11947, effective July 10, 1992, for a maximum of 150 days; amended at 16 Ill. Reg. 12186,
effective July 24, 1992; emergency amendment at 16 Ill. Reg. 13337, effective August 14, 1992,
for a maximum of 150 days; emergency amendment at 16 Ill. Reg. 15109, effective September
21, 1992, for a maximum of 150 days; amended at 16 Ill. Reg. 15561, effective September 30,
1992; amended at 16 Ill. Reg. 17302, effective November 2, 1992; emergency amendment at 16
Ill. Reg. 18097, effective November 17, 1992, for a maximum of 150 days; amended at 16 Ill.
Reg. 19146, effective December 1, 1992; expedited correction at 17 Ill. Reg. 7078, effective
December 1, 1992; amended at 16 Ill. Reg. 19879, effective December 7, 1992; amended at 17
Ill. Reg. 837, effective January 11, 1993; amended at 17 Ill. Reg. 1112, effective January 15,
1993; amended at 17 Ill. Reg. 2290, effective February 15, 1993; amended at 17 Ill. Reg. 2951,
effective February 17, 1993; amended at 17 Ill. Reg. 3421, effective February 19, 1993; amended
at 17 Ill. Reg. 6196, effective April 5, 1993; amended at 17 Ill. Reg. 6839, effective April 21,
1993; amended at 17 Ill. Reg. 7004, effective May 17, 1993; emergency amendment at 17 Ill.
Reg. 11201, effective July 1, 1993, for a maximum of 150 days; emergency amendment at 17 Ill.
Reg. 15162, effective September 2, 1993, for a maximum of 150 days; emergency amendment
suspended at 17 Ill. Reg. 18902, effective October 12, 1993; emergency amendment at 17 Ill.
Reg. 18152, effective October 1, 1993, for a maximum of 150 days; amended at 17 Ill. Reg.
18571, effective October 8, 1993; emergency amendment at 17 Ill. Reg. 18611, effective October
1, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 20999, effective November 24,
1993; emergency amendment repealed at 17 Ill. Reg. 22583, effective December 20, 1993;
amended at 18 Ill. Reg. 3620, effective February 28, 1994; amended at 18 Ill. Reg. 4250,
effective March 4, 1994; amended at 18 Ill. Reg. 5951, effective April 1, 1994; emergency
amendment at 18 Ill. Reg. 10922, effective July 1, 1994, for a maximum of 150 days; emergency
amendment suspended at 18 Ill. Reg. 17286, effective November 15, 1994; emergency
amendment repealed at 19 Ill. Reg. 5839, effective April 4, 1995; amended at 18 Ill. Reg. 11244,
effective July 1, 1994; amended at 18 Ill. Reg. 14126, effective August 29, 1994; amended at 18
Ill. Reg. 16675, effective November 1, 1994; amended at 18 Ill. Reg. 18059, effective December
19, 1994; amended at 19 Ill. Reg. 1082, effective January 20, 1995; amended at 19 Ill. Reg.
2933, effective March 1, 1995; emergency amendment at 19 Ill. Reg. 3529, effective March 1,
1995, for a maximum of 150 days; amended at 19 Ill. Reg. 5663, effective April 1, 1995;
                                     ILLINOIS REGISTER                                     14480
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               DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                          NOTICE OF PROPOSED AMENDMENTS

amended at 19 Ill. Reg. 7919, effective June 5, 1995; emergency amendment at 19 Ill. Reg. 8455,
effective June 9, 1995, for a maximum of 150 days; emergency amendment at 19 Ill. Reg. 9297,
effective July 1, 1995, for a maximum of 150 days; emergency amendment at 19 Ill. Reg. 10252,
effective July 1, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 13019, effective
September 5, 1995; amended at 19 Ill. Reg. 14440, effective September 29, 1995; emergency
amendment at 19 Ill. Reg. 14833, effective October 6, 1995, for a maximum of 150 days;
amended at 19 Ill. Reg. 15441, effective October 26, 1995; amended at 19 Ill. Reg. 15692,
effective November 6, 1995; amended at 19 Ill. Reg. 16677, effective November 28, 1995;
amended at 20 Ill. Reg. 1210, effective December 29, 1995; amended at 20 Ill. Reg. 4345,
effective March 4, 1996; amended at 20 Ill. Reg. 5858, effective April 5, 1996; amended at 20
Ill. Reg. 6929, effective May 6, 1996; amended at 20 Ill. Reg. 7922, effective May 31, 1996;
amended at 20 Ill. Reg. 9081, effective June 28, 1996; emergency amendment at 20 Ill. Reg.
9312, effective July 1, 1996, for a maximum of 150 days; amended at 20 Ill. Reg. 11332,
effective August 1, 1996; amended at 20 Ill. Reg. 14845, effective October 31, 1996; emergency
amendment at 21 Ill. Reg. 705, effective December 31, 1996, for a maximum of 150 days;
emergency amendment at 21 Ill. Reg. 3734, effective March 5, 1997, for a maximum of 150
days; amended at 21 Ill. Reg. 4777, effective April 2, 1997; amended at 21 Ill. Reg. 6899,
effective May 23, 1997; amended at 21 Ill. Reg. 9763, effective July 15, 1997; amended at 21 Ill.
Reg. 11569, effective August 1, 1997; emergency amendment at 21 Ill. Reg. 13857, effective
October 1, 1997, for a maximum of 150 days; amended at 22 Ill. Reg. 1416, effective December
29, 1997; amended at 22 Ill. Reg. 4412, effective February 27, 1998; amended at 22 Ill. Reg.
7024, effective April 1, 1998; amended at 22 Ill. Reg. 10606, effective June 1, 1998; emergency
amendment at 22 Ill. Reg. 13117, effective July 1, 1998, for a maximum of 150 days; amended at
22 Ill. Reg. 16302, effective August 28, 1998; amended at 22 Ill. Reg. 18979, effective
September 30, 1998; amended at 22 Ill. Reg. 19898, effective October 30, 1998; emergency
amendment at 22 Ill. Reg. 22108, effective December 1, 1998, for a maximum of 150 days;
emergency expired April 29, 1999; amended at 23 Ill. Reg. 5796, effective April 30, 1999;
amended at 23 Ill. Reg. 7122, effective June 1, 1999; emergency amendment at 23 Ill. Reg. 8236,
effective July 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 9874, effective
August 3, 1999; amended at 23 Ill. Reg. 12697, effective October 1, 1999; amended at 23 Ill.
Reg. 13646, effective November 1, 1999; amended at 23 Ill. Reg. 14567, effective December 1,
1999; amended at 24 Ill. Reg. 661, effective January 3, 2000; amended at 24 Ill. Reg. 10277,
effective July 1, 2000; emergency amendment at 24 Ill. Reg. 10436, effective July 1, 2000, for a
maximum of 150 days; amended at 24 Ill. Reg. 15086, effective October 1, 2000; amended at 24
Ill. Reg. 18320, effective December 1, 2000; emergency amendment at 24 Ill. Reg. 19344,
effective December 15, 2000, for a maximum of 150 days; amended at 25 Ill. Reg. 3897,
effective March 1, 2001; amended at 25 Ill. Reg. 6665, effective May 11, 2001; amended at 25
Ill. Reg. 8793, effective July 1, 2001; emergency amendment at 25 Ill. Reg. 8850, effective July
1, 2001, for a maximum of 150 days; amended at 25 Ill. Reg. 11880, effective September 1,
2001; amended at 25 Ill. Reg. 12820, effective October 8, 2001; amended at 25 Ill. Reg. 14957,
                                    ILLINOIS REGISTER                                     14481
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               DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                          NOTICE OF PROPOSED AMENDMENTS

effective November 1, 2001; emergency amendment at 25 Ill. Reg. 16127, effective November
28, 2001, for a maximum of 150 days; emergency amendment at 25 Ill. Reg. 16292, effective
December 3, 2001, for a maximum of 150 days; emergency amendment at 26 Ill. Reg. 514,
effective January 1, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 663, effective
January 7, 2002; amended at 26 Ill. Reg. 4781, effective March 15, 2002; emergency amendment
at 26 Ill. Reg. 5984, effective April 15, 2002, for a maximum of 150 days; amended at 26 Ill.
Reg. 7285, effective April 29, 2002; emergency amendment at 26 Ill. Reg. 8594, effective June
1, 2002, for a maximum of 150 days; emergency amendment at 26 Ill. Reg. 11259, effective July
1, 2002, for a maximum of 150 days; emergency amendment at 26 Ill. Reg. 12461, effective July
29, 2002, for a maximum of 150 days; emergency amendment repealed at 26 Ill. Reg. 16593,
effective October 22, 2002; emergency amendment at 26 Ill. Reg. 12772, effective August 12,
2002, for a maximum of 150 days; amended at 26 Ill. Reg. 13641, effective September 3, 2002;
amended at 26 Ill. Reg. 14789, effective September 26, 2002; emergency amendment at 26 Ill.
Reg. 15076, effective October 1, 2002, for a maximum of 150 days; amended at 26 Ill. Reg.
16303, effective October 25, 2002; amended at 26 Ill. Reg. 17751, effective November 27, 2002;
amended at 27 Ill. Reg. 768, effective January 3, 2003; amended at 27 Ill. Reg. 3041, effective
February 10, 2003; amended at 27 Ill. Reg. 4364, effective February 24, 2003; amended at 27 Ill.
Reg. 7823, effective May 1, 2003; amended at 27 Ill. Reg. 9157, effective June 2, 2003;
emergency amendment at 27 Ill. Reg. 10813, effective July 1, 2003, for a maximum of 150 days;
amended at 27 Ill. Reg. 13784, effective August 1, 2003; amended at 27 Ill. Reg. 14799,
effective September 5, 2003; emergency amendment at 27 Ill. Reg. 15584, effective September
20, 2003, for a maximum of 150 days; emergency amendment at 27 Ill. Reg. 16161, effective
October 1, 2003, for a maximum of 150 days; amended at 27 Ill. Reg. 18629, effective
November 26, 2003; amended at 28 Ill. Reg. 2744, effective February 1, 2004; amended at 28 Ill.
Reg. 4958, effective March 3, 2004; emergency amendment at 28 Ill. Reg. 6622, effective April
19, 2004, for a maximum of 150 days; amended at 28 Ill. Reg. 7081, effective May 3, 2004;
emergency amendment at 28 Ill. Reg. 8108, effective June 1, 2004, for a maximum of 150 days;
amended at 28 Ill. Reg. 9640, effective July 1, 2004; emergency amendment at 28 Ill. Reg.
10135, effective July 1, 2004, for a maximum of 150 days; amended at 28 Ill. Reg. 11161,
effective August 1, 2004; emergency amendment at 28 Ill. Reg. 12198, effective August 11,
2004, for a maximum of 150 days; amended at 28 Ill. Reg. 13775, effective October 1, 2004;
amended at 28 Ill. Reg. 14804, effective October 27, 2004; amended at 28 Ill. Reg. 15513,
effective November 24, 2004; amended at 29 Ill. Reg. 831, effective January 1, 2005; amended
at 29 Ill. Reg. 6945, effective May 1, 2005; emergency amendment at 29 Ill. Reg. 8509, effective
June 1, 2005, for a maximum of 150 days; emergency amendment at 29 Ill. Reg. 12534, effective
August 1, 2005, for a maximum of 150 days; amended at 29 Ill. Reg. ______, effective
____________.

            SUBPART D: PAYMENT FOR NON-INSTITUTIONAL SERVICES
                                   ILLINOIS REGISTER                                       14482
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             DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                        NOTICE OF PROPOSED AMENDMENTS

Section 140.400 Payment to Practitioners

      a)     This Section applies to physicians, dentists, Advanced Practice Nurses (APN) (see
             Section 140.435), optometrists, podiatrists and chiropractors.

             1)     Practitioners are required to bill the Medical Assistance Program at the
                    same rate they charge patients paying their own bills and patients covered
                    by other third party payers.

             2)     A practitioner may bill only for services he or she personally provides or
                    which are provided under his or her direct supervision in his or her office
                    by his or her staff. An APN, as described in Section 140.435, may bill
                    only for the services personally provided by the individual APN.

             3)     Payment will be made only in the practitioner's name or a Department
                    approved alternate payee.

             4)     Payments will be made according to a schedule of statewide pricing
                    screens established by the Department except that an APN, as described in
                    Section 140.435(a), will be reimbursed for covered services at 70 percent
                    of the established screen. Covered services provided by qualifying
                    providers under the Maternal and Child Health Program will be
                    reimbursed at enhanced rates as described in subsection (b) of this Section.
                    The pricing screens are to be established based on consideration of the
                    market value of the service. In considering the market value, the
                    Department will examine the costs of operations and material. Input from
                    advisory groups designated by statute, generally recognized provider
                    interest groups and the general public will be taken into consideration in
                    determining the allocation of available funds to rate adjustments.
                    Increases in rates are contingent upon funds appropriated by the General
                    Assembly. Reductions or increases may be affected by changes in the
                    market place or changes in funding available for the Medical Assistance
                    Program. Screens will be related to the average statewide charge. The
                    upper limit for services shall not exceed the lowest Medicare charge
                    levels.

      b)     Practitioners who meet the qualifications for and enter into a Primary Care
             Provider Agreement for participation in the Maternal and Child Health Program,
             as described in Subpart G, will receive enhanced reimbursement in accordance
             with Section 140.930(a)(1).
                                    ILLINOIS REGISTER                                       14483
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             DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                        NOTICE OF PROPOSED AMENDMENTS


      c)     The Department will distribute (initially and upon revision of the amounts) to
             practitioners the maximum allowable amounts for the most commonly billed
             procedures codes. Interested individuals may request a copy of the maximum
             allowable amounts from the Department by directing the request to the Bureau of
             Comprehensive Health Services, Prescott E. Bloom Building, 201 South Grand
             Avenue East, Springfield, Illinois 62763-0001. In addition, a participating
             individual practitioner may request the maximum allowable amounts for less
             commonly billed specific procedures that relate to the individual's practice. This
             request must be in writing and identify specific procedure codes and associated
             descriptions.

      (Source: Amended at 29 Ill. Reg. ______, effective ____________)

Section 140.435 Advanced Practice Nurse Services

      a)     For purposes of enrollment in the Medical Assistance Program, an "Advanced
             Practice Nurse (APN)" means a person who is licensed as a registered
             professional nurse, holds a valid license in the state of practice and is legally
             authorized under state law or rule to practice as an advanced practice nurse, so
             long as that practice is not in conflict with the Nursing and Advanced Practice
             Nursing Act [225 ILCS 65], the Medical Practice Act of 1987 [225 ILCS 60] and
             implementing rules (68 Ill. Adm. Code 1300). Categories of APNs
             include:certified pediatric nurse practitioner, certified family nurse practitioner,
             certified nurse midwife or certified registered nurse anesthetist.

             1)     Certified Registered Nurse Anesthetist (CRNA);

             2)     Certified Nurse Midwife (CNM);

             3)     Certified Nurse Practitioner (CNP); and

             4)     Clinical Nurse Specialist (CNS).

      b)     An Advanced Practice Nurse must have and maintain a current collaborative or
             written practice agreement with all collaborating physicians or practitioners under
             whom the APN will be practicing, as set forth in the Nursing and Advanced
             Practice Nursing Act.
                            ILLINOIS REGISTER                                        14484
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     DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                NOTICE OF PROPOSED AMENDMENTS

c)   Depending on the site of care, CRNAs may or may not be required to possess a
     written collaborative or written practice agreement as set forth in the Nursing and
     Advanced Practice Nursing Act. CRNAs may work in a hospital or a physician's,
     dentist's or podiatrist's office.

d)   The agreement or agreements required under Section 140.435(b) and (c) shall be
     in the form described in the Nursing and Advanced Practice Nursing Act and 68
     Ill. Adm. Code 1300. All agreements must be updated annually, be maintained on
     file at each practice location and be available upon the Department's request.

e)   The APN must notify the Department within 10 business days if an agreement is
     dissolved or if a change occurs in the collaborating physician or practitioner. The
     Department will then re-evaluate the APN's enrollment status.

f)   The collaborating physician or practitioner is not required to be enrolled with the
     Department. However, the collaborating physician or practitioner may not be
     terminated, suspended or barred by the Department from participating in the
     Medical Assistance Program.

g)   An APN who is required to maintain a collaborative or written practice agreement
     must submit the following information with the initial application for enrollment:

     1)     Documentation of specialty of practice.

     2)     Collaborating physician's name and address.

     3)     Collaborating physician's Federal Employer Identification Number
            (FEIN).

     4)     Collaborating physician's medical license number.

     5)     Collaborating physician's state of licensure, if other than Illinois.

h)   A CRNA who is not required to maintain a collaborative or written practice
     agreement and who provides services in a hospital setting must submit the names
     and addresses of the hospitals where he or she practices with the initial
     application for enrollment.

     1)     Payment for certified nurse midwife services shall be made only to an
            Advanced Practice Nurse (APN) who holds a valid license in the state of
                           ILLINOIS REGISTER                                        14485
                                                                                   05
     DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                NOTICE OF PROPOSED AMENDMENTS

            practice and is legally authorized under state law or rule to practice as a
            nurse midwife so long as such practice is not in conflict with the Nursing
            and Advanced Practice Nursing Act [225 ILCS 65] and implementing
            rules (68 Ill. Adm. Code 1300). A certified nurse midwife must have and
            maintain a current agreement with a physician licensed to practice
            medicine in all its branches who has hospital delivery privileges.

     2)     Payment for certified pediatric nurse practitioner services and certified
            family nurse practitioner services shall be made only to an APN who holds
            a valid license in the state of practice and is legally authorized under state
            law or rule to practice as a nurse practitioner so long as such practice is
            not in conflict with the Nursing and Advanced Practice Nursing Act [225
            ILCS 65], the Medical Practice Act of 1987 [225 ILCS 60] and
            implementing rules. The nurse practitioner shall also have completed a
            program of study and clinical experience for certified pediatric nurse
            practitioners or certified family nurse practitioners that is accredited and
            approved by the appropriate accreditation board. A certified pediatric or
            family nurse practitioner must have and maintain a current agreement with
            the physician licensed to practice medicine in all its branches who has
            hospital admitting privileges including delivery privileges where
            applicable.

     3)     Payment for certified registered nurse anesthetist services shall be made
            only to an APN who holds a valid license in the state of practice and is
            legally authorized under state law or rule to practice as a nurse anesthetist
            so long as such practice is not in conflict with the Nursing and Advanced
            Practice Nursing Act [225 ILCS 65] and implementing rules. For office-
            based anesthesia services, a certified registered nurse anesthetist must
            have and maintain a current agreement with a physician licensed to
            practice medicine in all its branches, a licensed dentist or licensed
            podiatrist, to provide office-based anesthesia services in the office of the
            physician, dentist or podiatrist.

b)   The agreement required under Section 140.435(a)(1), (2) and (3) shall be in the
     form described in the Nursing and Advanced Practice Nursing Act [225 ILCS 65]
     and implementing rules. The agreement must be submitted to the Department
     with the initial application for enrollment. The agreement must be updated
     annually and maintained on file at each practice location. The APN must notify
     the Department immediately if the agreement is dissolved and the enrollment will
     be terminated.
                                     ILLINOIS REGISTER                                        14486
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              DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                            NOTICE OF PROPOSED AMENDMENTS


       c)     For certified pediatric nurse practitioners and certified family nurse practitioners
              as described under subsection (a)(2) of this Section, a certification documenting
              the APN's speciality must be submitted to the Department with the initial
              application for enrollment.

       (Source: Amended at 29 Ill. Reg. ______, effective ____________)

Section 140.436 Limitations on Advanced Practice Nurse Services

The following will not be reimbursed:

       a)     Nursing services provided in the role of Physician Assistant.

       b)     Mileage to and from place of service.

       c)     Consultations between Advanced Practice Nurses or between an Advanced
              Practice Nurse and a physician.

       d)     Psychiatric services as defined in the American Medical Association Current
              Procedural Terminology (CPT) book code range 90801 through 90899.

       (Source: Amended at 29 Ill. Reg. ______, effective ____________)

Section 140.463 Clinic Service Payment

       a)     Definitions

              "Behavioral Health Services", for the purposes of this Section, means services
              provided by a licensed clinical psychologist or licensed clinical social worker.

              "Center", for the purposes of this Section, means both a federally qualified health
              center and a rural health clinic.

              "Federally Qualified Health Center" (FQHC) means a health care provider that
              receives a grant under Section 330 of the Public Health Service Act (Public Law
              78-410) or has been determined to meet the requirements for receiving such a
              grant by the Health Resources and Services Administration, U.S. Department of
              Health and Human Services.
                            ILLINOIS REGISTER                                       14487
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     DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                 NOTICE OF PROPOSED AMENDMENTS

     "Rural Health Clinic" (RHC) means a health care provider that has been
     designated by the Public Health Service, U.S. Department of Health and Human
     Services, or by the Governor, and approved by the Public Health Service, in
     accordance with the Rural Health Clinics Act (Public Law 95-210) to be an RHC.

b)   Reimbursement
     The Center will be reimbursed under a prospective payment system for 100
     percent of the average of the costs that are reasonable and related to the cost of
     furnishing such services by the Center in accordance with the provisions of
     federal law (42 USC 1396a(aa)). Baseline payment rates will be determined
     individually for each enrolled Center. Once determined, the baseline payment
     rate will be adjusted annually using the Medicare Economic Index (MEI).
     Payment for services provided on or after January 1, 2001, shall be made using
     specific rates for each Center as specified in this Section.

     1)     Baseline Payment Rates

            A)      For each Center, the Department will calculate a baseline medical
                    encounter rate and, for each Center that is enrolled with the
                    Department to provide Behavioral Health Services or dental
                    services, the Department will calculate a baseline Behavioral
                    Health Services or dental encounter rate, using the methodology
                    specified in this subsection (b).

                    i)      The cost basis for the baseline rates shall be drawn from
                            individual Center cost reports for Center fiscal years ending
                            in 1999 and 2000 or, in the instance of a Center that did not
                            operate during the entirety of those periods, cost reports
                            that cover the portions of those periods during which the
                            Center was in operation.

                    ii)     Pending federal approval, for dates of service provided by
                            an FQHC on or after January 1, 2006, the cost basis for the
                            baseline rates shall be the greater of an encounter rate using
                            the criteria under (b)(1)(A)(i) above, or the same criteria
                            that uses the Center's cost reports ending in 2002 and 2003
                            in place of the cost reports ending in 1999 and 2000.

            B)      The baseline payment rates shall be based upon allowable costs,
                    reported by the Center, that are determined by the Department to
                   ILLINOIS REGISTER                                     14488
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

          NOTICE OF PROPOSED AMENDMENTS

            be reasonable and efficient. The method for determining allowable
            cost factors is similar to that used for Medicare (42 USC 1395g),
            with the following significant differences. The Department's
            methodology shall:

            i)     Consider costs associated with services not covered under
                   Medicare (e.g., pharmacy, patient transportation, medical
                   case management, health education, nutritional counseling).

            ii)    Apply reasonable constraints on allowable cost, as
                   described in subsection (b)(10) of this Section.

            iii)   Apply reasonable constraints on the total cost per
                   encounter.

     C)     The baseline payment rates for a Center shall be the average
            (arithmetic mean) of the annual reasonable costs per encounter,
            calculated separately for each of the fiscal years for which cost
            report data must be submitted using the methodology specified in
            subsections (b)(2), (3) and (4) of this Section for the medical
            encounter rate, dental encounter rate, and Behavioral Health
            Services encounter rate, respectively.

2)   Annual Reasonable Cost Per Medical Encounter

     A)     The annual reasonable cost per medical encounter shall be the
            lesser of:

            i)     The annual cost per encounter, as calculated in subsection
                   (b)(2)(D) of this Section; or

            ii)    The reasonable cost of providing a medical encounter,
                   which shall be 105 percent of the Statewide median of the
                   calculated annual costs per encounter for FQHCs or RHCs,
                   as the case may be.

     B)     The core services component.
            The core services component is the sum of the following two
            components:
                  ILLINOIS REGISTER                                        14489
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

         NOTICE OF PROPOSED AMENDMENTS

           i)     The allowable direct cost per encounter, which is the
                  quotient of the allowable direct cost, as defined in
                  subsection (b)(1)(B) of this Section, for core services
                  divided by the greater of the number of encounters reported
                  by direct staff (e.g., staff specified in subsection (b)(10)(A)
                  and, for the determination of encounter payment rates
                  effective prior to January 1, 2002, subsection (b)(10)(C));
                  or the number of encounters resulting from the application
                  of the minimum efficiency standards found in subsections
                  (b)(10)(A) and (b)(10)(C); and

           ii)    The allowable overhead cost per encounter, which is the
                  product of the allowable direct cost per encounter
                  multiplied by the Center's allowable overhead rate factor.

    C)     Supplemental services component.
           The supplemental services component is the sum of the following
           two components:

           i)     The allowable supplemental cost per encounter, which is
                  the quotient of the cost of services (e.g., pharmacy, patient
                  transportation, medical case management, health education,
                  nutritional counseling), excepting core services, dental
                  services and, effective January 1, 2002, Behavioral Health
                  Services, provided by the Center, divided by the greater of
                  the number of encounters reported by direct staff; or the
                  number of encounters resulting from application of the
                  minimum productivity standards found in subsections
                  (b)(10)(A) and (b)(10)(C) of this Section; and

           ii)    The allowable overhead cost per encounter, which is the
                  product of the allowable supplemental cost per encounter
                  multiplied by the Center's allowable overhead rate factor.

    D)     Annual cost per encounter.
           The annual cost per medical encounter is the sum of the core
           services component, as determined in subsection (b)(2)(B) of this
           Section, and the supplemental services component, as determined
           in subsection (b)(2)(C).
                   ILLINOIS REGISTER                                      14490
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

          NOTICE OF PROPOSED AMENDMENTS

3)   Annual Reasonable Cost Per Dental Encounter

     A)     The annual reasonable cost per dental encounter shall be the lesser
            of:

            i)     The annual cost per encounter, as calculated in subsection
                   (b)(3)(B) of this Section; or

            ii)    The reasonable cost of providing a dental encounter, which
                   shall be 105 percent of the Statewide median of the
                   calculated annual costs per encounter for FQHCs or RHCs,
                   as the case may be.

     B)     Annual cost per encounter.
            The annual cost per encounter is the sum of the following two
            components:

            i)     The allowable direct cost per encounter, which is the
                   quotient of the allowable direct dental cost, as defined in
                   subsection (b)(1)(B), divided by the greater of the number
                   of encounters reported by direct dental staff; or the number
                   of encounters resulting from the application of the
                   minimum efficiency standard found in subsection
                   (b)(10)(B); and

            ii)    The allowable overhead cost per encounter, which is the
                   product of the allowable direct cost per encounter
                   multiplied by the Center's allowable overhead rate factor.

4)   Annual Reasonable Cost Per Behavioral Health Service Encounter
     Effective for services provided on or after January 1, 2002, a separate
     annual reasonable cost per Behavioral Health Service encounter shall be
     determined.

     A)     The annual reasonable cost per Behavioral Health Service
            encounter shall be the lesser of the following:

            i)     The annual cost per encounter, as calculated in subsection
                   (b)(4)(B) of this Section.
                   ILLINOIS REGISTER                                      14491
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

          NOTICE OF PROPOSED AMENDMENTS

            ii)    The reasonable cost of providing a Behavioral Health
                   Service encounter, which shall be 105 percent of the
                   Statewide median of the calculated annual cost per
                   encounter for FQHCs or RHCs, as the case may be.

     B)     Annual cost per encounter.
            The annual cost per encounter is the sum of the following two
            components:

            i)     The allowable direct cost per encounter, which is the
                   quotient of the allowable direct cost for Behavioral Health
                   Services, as defined in subsection (b)(1)(B) of this Section,
                   divided by the greater of the number of encounters reported
                   by direct behavioral health staff; or the number of
                   encounters resulting from the application of the minimum
                   efficiency standard found in subsection (b)(10)(C); and

            ii)    The allowable overhead cost per encounter, which is the
                   product of the allowable direct cost per encounter
                   multiplied by the Center's allowable overhead rate factor.

5)   For any individual eligible under the medical assistance programs, a
     Center may bill only one medical encounter, one dental encounter, and
     one behavioral health encounter per day. A Center will be reimbursed for
     a service only if it has enrolled with the Department to provide that
     service.

6)   Claims submitted to the Department must identify all services provided
     during the encounter.

7)   Cost Basis
     Each Center must annually complete a cost report, in a format specified by
     the Department, for the Center's fiscal year. Each FQHC must also
     annually submit a copy of financial statements audited by an independent
     Certified Public Accountant. The cost report and audited financial
     statements must be filed with the Department within 180 days after the
     close of the Center's fiscal year, except for cost reports and audited
     financial statements for Center fiscal years 1999 and 2000 which, in the
     case of FQHCs, must be filed with the Department no later than
     November 30, 2001, and in the case of RHCs, must be filed no later than
                    ILLINOIS REGISTER                                     14492
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

          NOTICE OF PROPOSED AMENDMENTS

     March 30, 2002. Except for the first year during which the Center begins
     operations, the cost report must cover a full fiscal year ending on June 30
     or other fiscal year that has been approved by the Department. Payments
     will be withheld from any Center that has not submitted the cost report by
     the applicable filing date, and no payments will be made until such time as
     the reports or audited statements are received and approved by the
     Department.

8)   Establishment of Initial Year Payment Amount for a New Center
     For any Center that begins operation on or after January 1, 2001, the
     payment rate per encounter shall be the median of the payment rates per
     encounter of neighboring FQHCs or RHCs with similar caseloads, as
     determined by the Department. If the Department determines that there
     are no such comparable Centers, then the rate per encounter shall be the
     median of the payment rates per encounter Statewide for all FQHCs or
     RHCs, as the case may be.

9)   Rate Adjustments

     A)     Initial rate determinations.

            i)      On or about January 1, 2002, the Department shall
                    determine the medical and dental encounter rates for each
                    participating FQHC. These rates shall be paid for services
                    provided on or after January 1, 2001. Claims submitted and
                    adjudicated prior to the entry of these rates into the
                    Department's claims processing system shall be reconciled
                    for each affected FQHC.

            ii)     On or about January 1, 2003, the Department shall
                    determine the medical and dental encounter rates for each
                    participating RHC. These rates shall be paid for services
                    provided on or after January 1, 2001. Claims submitted and
                    adjudicated prior to the entry of these rates into the
                    Department's claims processing system shall be reconciled
                    for each affected RHC.

     B)     Annual adjustment.

            i)      Beginning January 1, 2002, and annually thereafter, except
                    ILLINOIS REGISTER                                       14493
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

           NOTICE OF PROPOSED AMENDMENTS

                    as specified in subsection (b)(9)(B)(ii) of this Section, the
                    Department will adjust baseline rates by the most recently
                    available MEI. The adjusted rates shall be paid for services
                    provided on or after the date of adjustment.

             ii)    In the instance of a Center that provided Behavioral Health
                    Services prior to January 1, 2002, for the purpose of
                    applying the January 1, 2002, adjustment by the most
                    recently available MEI, the baseline medical services
                    encounter rate applicable for services provided from
                    January 1, 2001, through December 31, 2001, shall be
                    redetermined after removal of costs and encounters
                    attributable to Behavioral Health Services.

      C)     Scope of service adjustment.
             If a Center significantly changes its scope of services, the Center
             may request that new baseline encounter rates be determined.
             Adjustments to encounter rates will be made only if the change in
             the scope of services results in the inclusion of Behavioral Health
             Services or dental services or a difference of at least five percent
             from the Center's current rate. The Department may initiate a rate
             adjustment, based on audited financial statements or cost reports, if
             the scope of services has been modified to include Behavioral
             Health Services or dental services or would otherwise result in a
             change of at least five percent from the Center's current rate.

10)   Reasonable Cost Considerations
      The following minimum efficiency standards will be applied to determine
      reasonable cost:

      A)     Medical direct care productivity.
             The Center must average 4,200 encounters annually per full-time
             equivalent (FTE) for physicians and 2,100 encounters per FTE for
             mid-level health care staff (i.e., physician assistants, nurse
             practitioners, specialized nurse practitioners and nurse midwives).

      B)     Dental direct care productivity.
             The Center must average 1.5 encounters per hour per FTE for
             dentists.
                     ILLINOIS REGISTER                                      14494
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

           NOTICE OF PROPOSED AMENDMENTS

      C)     Behavioral health direct care productivity.
             The Center must average 2,100 annual encounters per FTE for
             licensed clinical psychologists and licensed clinical social workers.

      D)     Guideline for non-physician health care staff.
             The maximum ratio of staff is four FTE non-physician health care
             staff for each FTE staff subject to the direct care productivity
             standards in subsections (b)(10)(A) and (B) of this Section.

      E)     Allowable overhead.
             The maximum Medicaid allowable overhead cost is 35 percent of
             allowable total cost.

11)   Adjustments for Medical Services Paid for by a Managed Care
      Organization (MCO)
      The Department shall make payment adjustments to a Center if it provides
      care through a contractual arrangement with a Medicaid MCO and is
      reimbursed an amount, reported to the Department, that is less than the
      minimum payment required in 42 USC 1396a(aa). The amount of any
      such payment adjustment shall be at a fixed annual rate as determined by
      the Department. For each Center so eligible, a payment adjustment shall
      take into consideration the total payments made by the MCO to the Center
      (including all payments made on a service-by-service, encounter or
      capitation basis). In the event that Center cost data related to MCO
      services are unavailable to the Department, an estimate of such costs may
      be used that takes into consideration other relevant data. Adjustments will
      be made, at least quarterly, only for Medicaid eligible services. All such
      services must be defined in a contract between the Center and the MCO.
      Such contracts must be made available to the Department.

12)   Audits
      All cost reports will be audited by the Department. The Center will be
      advised of any adjustment resulting from these audits.

13)   Alternate Payment Methodology for Government-Operated Centers

      A)     A Center operated by a State or local government agency may
             elect to be reimbursed under the alternate payment methodology
             described in this subsection (b)(13).
                    ILLINOIS REGISTER                                        14495
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

           NOTICE OF PROPOSED AMENDMENTS

      B)     The State or local government agency shall enter into an
             interagency or intergovernmental agreement, as appropriate, with
             the Department that specifies the responsibilities of the two parties
             with respect to services provided by the Center and the funding of
             those services.

      C)     The Center operated by a State or local government agency shall
             be reimbursed by the Department on a per encounter basis
             according to the provisions of subsections (b)(1) through (11) of
             this Section.

      D)     The State or local government agency shall certify the expenditure
             of public funds in excess of reimbursement received from the
             Department, under subsection (b)(13)(C) of this Section, and any
             reimbursement from other payers (e.g., an insurance company, a
             managed care organization) for services provided to individuals
             eligible for medical assistance programs administered by the
             Department, provided the funds were not derived from a federal
             funding source or were not otherwise used as a State or local match
             for federal funds. The certification shall be in the form and format
             specified by the Department. The certification shall be filed within
             30 days after the submission of the annual cost report. The
             certification shall compare expenditures within that cost reporting
             period to payments received or receivable for that same period.

      E)     The certified expenditures shall be used by the Department to
             claim federal financial participation. Federal funds resulting from
             the claiming of the certified expenditures shall be distributed,
             according to the provisions of the agreement referenced in
             subsection (b)(13)(B) of this Section, to the State or the
             government agency that operates the Center that provided the
             services.

14)   Alternate Payment Methodology for Certain Qualifying Centers

      A)     No later than 30 days after the initial rate determination specified
             in subsection (b)(9)(A) of this Section, the Department shall
             determine the eligibility of each Center for this alternative payment
             methodology. A Center will qualify for this alternative payment
             methodology if the Department's estimate of the total amount to be
                    ILLINOIS REGISTER                                         14496
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

           NOTICE OF PROPOSED AMENDMENTS

             paid to the Center for services provided during the 12-month
             period ending December 31, 2001, under the reimbursement policy
             and rates in effect prior to the initial rate determination, is greater
             than the total amount that will be paid for those same services
             under the initial rates. The Department shall notify each qualifying
             Center, in writing, of the result of this determination.

      B)     A qualifying Center may, for services provided from January 1,
             2002, through December 31, 2002, elect to be reimbursed under
             the alternate payment methodology described in this subsection
             (b)(14). A qualifying Center must notify the Department, in
             writing, no later than 30 days after the date of the written
             notification from the Department, of its election to be reimbursed
             under this alternative payment methodology.

      C)     A Center electing this alternative payment system shall be
             reimbursed by the Department on a per encounter basis according
             to the provisions of subsections (b)(1) through (11) of this Section,
             except the medical encounter payment rate shall be increased by an
             amount equal to twice the quotient resulting from the Department's
             estimate of the difference between the total amount to be paid to
             the Center for services provided during the 12-month period
             ending December 31, 2001, under the initial rates as determined in
             subsection (b)(9)(A); and the total amount that would have been
             paid under the payment rates in effect prior to the initial rate
             determination, divided by the Department's estimate of total
             medical encounters during the 12-month period ending December
             31, 2001.

15)   Alternate Behavioral Health Payment Methodology for Certain Qualifying
      Centers
      Centers that are certified by the Department of Human Services-Division,
      Office of Mental Health, or the Department of Children and Family
      Services to provide Behavioral Health Services may elect an alternate
      payment methodology for their Behavioral Health Services. An election
      of this alternate payment methodology will allow the Centers to be
      reimbursed under the provisions of 59 Ill. Adm. Code 132 for Behavioral
      Health Services provided. A qualifying Center must notify the
      Department in writing, no later than 30 days after the date of the written
      notification from the Department, of its election to be reimbursed under
                            ILLINOIS REGISTER                                     14497
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     DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                NOTICE OF PROPOSED AMENDMENTS

           this alternate payment methodology.

     16)   All service sites operated by a Center shall be reimbursed using the
           Center's established encounter rates, except in the instance where the site
           submitted separate cost reports for fiscal years ending in 1999 and 2000
           and separate baseline rates were determined for the site.

c)   Rate Appeals Process

     1)    All appeals of audit adjustments or rate determinations must be submitted
           in writing to the Department. Appeals must be submitted within 60
           calendar days after the notification of such adjustments or rate
           determinations. If upheld, the revised audit adjustment or rate
           determination shall be made effective as of the beginning of the rate
           period.

     2)    To be accepted for review, the written appeal shall include the following:

           A)     The current approved reimbursement rate, allowable costs, and the
                  additional reimbursable costs sought through the appeal.

           B)     A clear, concise statement of the basis for the appeal.

           C)     A detailed statement of financial, statistical, and related
                  information in support of the appeal, indicating the relationship
                  between the additional reimbursable costs as submitted and the
                  circumstances creating the need for increased reimbursement.

           D)     A statement by the Center's chief executive officer or financial
                  officer that the application of the rate appeal and information
                  contained in the Center's reports, schedules, budgets, books, and
                  records submitted are true and accurate.

     3)    Rate appeals may be considered for the following reasons:

           A)     Mechanical or clerical errors committed by the provider in
                  reporting historical expenses used in the calculation of allowable
                  costs.

           B)     Mechanical or clerical errors committed by the Department in
                                   ILLINOIS REGISTER                                         14498
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             DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                         NOTICE OF PROPOSED AMENDMENTS

                           auditing historical expenses as reported and/or in calculating
                           reimbursement rates.

             4)     The Department shall rule on all appeals within 120 calendar days after
                    receipt of the complete appeal, except that, if additional information is
                    required from the facility, the period shall be extended until such time as
                    the information is provided.

             5)     Appeals shall be submitted to the Department's Office of Health Finance,
                    201 South Grand Avenue East1001 North Walnut Street, Springfield,
                    Illinois 62763-00020001.

      (Source: Amended at 29 Ill. Reg. ______, effective ____________)

             SUBPART G: MATERNAL AND CHILD HEALTH PROGRAM

Section 140.924 Maternal and Child Health Provider Participation Requirements

      a)     Primary Care Providers

             1)     Basic Requirements
                    Maternal and Child Health primary care providers may include physicians,
                    Advanced Practice Nurses meeting all requirements set forth in Section
                    140.435, Federally Qualified Health Centers (FQHCs), hospital clinics per
                    Section 140.461(f) and encounter rate clinics per Section 140.461(b).
                    Maternal and Child Health providers shall meet the qualifications (see
                    Section 140.12) as are applicable for all medical providers under the
                    Illinois Medical Assistance Program and, with the exception of APNs,
                    shall meet all of the following requirements:

                    A)     maintain hospital admitting privileges;

                    B)     maintain delivery privileges if providing care to pregnant women;

                    C)     be enrolled and in good standing with the Medical Assistance
                           Program; and

                    D)     complete a Maternal and Child Health Primary Care Provider
                           Agreement, or have been enrolled as a provider under the Healthy
                           Moms/Healthy Kids Program, in which they agree to:
                     ILLINOIS REGISTER                                       14499
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

            NOTICE OF PROPOSED AMENDMENTS


              i)     provide periodic health screening (EPSDT), including age
                     appropriate immunizations, and primary pediatric care as
                     needed for children served in their practice, consistent with
                     guidelines published by the American Academy of
                     Pediatrics or American Academy of Family Physicians;

              ii)    provide obstetrical care and delivery services as appropriate
                     for pregnant women served through their practice,
                     consistent with guidelines published by the American
                     College of Obstetricians and Gynecologists or the
                     American Academy of Family Physicians;

              iii)   provide risk assessments for pregnant women and/or
                     children;

              iv)    provide medical care coordination, including arranging for
                     diagnostic consultation and specialty care;

              v)     communicate with the case management entity;

              vi)    maintain 24-hour telephone coverage for assessment and
                     consultation; and

              vii)   provide equal access to quality medical care for assigned
                     clients.

       AGENCY NOTE: FQHCs are federally exempt from subsections
       (a)(1)(A) and (B) above.

2)     Advanced Practice Nurse Requirements

       A)     The requirements described in subsections (a)(1)(A) and (B) of this
              Section apply to the physician or practitioner with whom the APN
              has a collaborative or written practice agreement.

       B)     The requirements described in subsections (a)(1)(C) and (D) of this
              Section apply to the Medicaid enrolled APN.

3)2)   Special Requirements
                      ILLINOIS REGISTER                                       14500
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

            NOTICE OF PROPOSED AMENDMENTS

       In addition to the basic requirements described in subsection (a)(1) above,
       encounter rate clinics as Maternal and Child Health providers shall be
       required to meet the following additional requirements:

       A)     Meet the qualifications for an encounter rate clinic, as described in
              Section 140.461(b); and

       B)     Be owned, operated, managed, or staffed by a hospital that also
              operates a Maternal and Child Health clinic, as described in
              Section 140.461(f), or be located in a county with a population
              exceeding 3,000,000 that is part of an organized clinic system
              consisting of 15 or more individual practice locations, of which at
              least 12 are Federally Qualified Health Centers, as defined in
              Section 140.461(d).

4)3)   The Department will consider requests from physicians who are unable to
       meet the hospital admitting privileges criteria for enrollment in the
       Maternal and Child Health Program if the physician has executed a formal
       agreement with another physician to accept referrals for hospital
       admissions. Requests will also be considered from physicians who do not
       have delivery privileges but wish to provide obstetrical care. The request
       will be reviewed by the Department or its designeemembers of the State
       Medical Advisory Committee and a recommendation made by that body
       as to determine whether the physician should be enrolled as a PCP into the
       Program. At the discretion of the Department or its designeeCommittee,
       the requesting physician may be asked to appear for an interview and/or an
       on-site visit may be made by the Department or its designeeeither a
       member of the Committee or a Department assigned physician consultant.
       For consideration to be given, the requesting physician must submit the
       following information and supporting documentation in a format specified
       by the Department or its designee thatwhich provides the following:

       A)     Complete name, mailing address, Illinois practice license number
              and Medicaid provider number, if any;

       B)     Declared practice specialty;

       C)     Listing of all practice locations;

       D)     Name and location of hospitals applied to for admitting privileges;
                            ILLINOIS REGISTER                                         14501
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       DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                   NOTICE OF PROPOSED AMENDMENTS


              E)     Status of each request, i.e., pending or closed (if closed, a reason
                     must be given by the hospital for not granting privileges);

              F)     If application has never been made, a statement explaining why;

              G)     Name of physician with whom a formal agreement has been
                     effected;

              H)     Illinois license number of Medicaid enrolled physician with
                     hospital admitting privileges and name of hospitals where
                     admitting privileges are in effect; and

              I)     Copy of formal agreement.

       5)4)   The request is to be dated by the provider and forwarded to the
              Department of Healthcare and Family Services Illinois Department of
              Public Aid, Provider Participation Unit, P.O. Box 19114, Springfield,
              Illinois 62794-9114.

b)     Case Management Providers
       Case management providers' qualifications shall be in accordance with 77 Ill.
       Adm. Code 630, Subpart A. Case management will be provided to ensure access
       to medical care and better compliance with medical recommendations.

(Source: Amended at 29 Ill. Reg. ______, effective ____________)
                                  ILLINOIS REGISTER                                      14502
                                                                                        05
            DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                        NOTICE OF PROPOSED AMENDMENT

1)   Heading of the Part: Hospital Services

2)   Code Citation: 89 Ill. Adm. Code 148

3)   Section Numbers:      Proposed Action:
     148.140               Amendment

4)   Statutory Authority: Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-13]

5)   Complete Description of the Subjects and Issues Involved: Hospital outpatient rate
     modifications were implemented for fiscal year 2005 to hold aggregate projected
     spending at a neutral level. These changes were enacted in response to mandates under
     the Health Insurance Portability and Accountability Act (HIPAA) that may have resulted
     in increased spending above the budgeted fiscal year amount. This anticipated growth
     based on changes in case mix was forecast to potentially adversely impact the outpatient
     budget. However, the service code change has been completed and outpatient rates are
     being restored to original levels under these proposed amendments.

     These proposed rate changes are expected to result in an approximate increase in
     spending during fiscal year 2006 of $4.7 million.

6)   Will this rulemaking replace any emergency rulemaking currently in effect? No

7)   Does this rulemaking contain an automatic repeal date? No

8)   Does this rulemaking contain incorporations by reference? No

9)   Are there any other proposed amendments pending on this Part? Yes

     Sections              Proposed Action              Illinois Register Citation
     148.105               Amendment                    May 27, 2005 (29 Ill. Reg. 7693)
     148.126               Amendment                    August 26, 2005 (29 Ill. Reg. 13140)
     148.295               Amendment                    May 27, 2005 (29 Ill. Reg. 7693)
     148.310               Amendment                    July 1, 2005 (29 Ill. Reg. 9241)
     148.402               New Section                  July 1, 2005 (29 Ill. Reg. 9241)
     148.404               New Section                  July 1, 2005 (29 Ill. Reg. 9241)
     148.406               New Section                  July 1, 2005 (29 Ill. Reg. 9241)
     148.408               New Section                  July 1, 2005 (29 Ill. Reg. 9241)
     148.410               New Section                  July 1, 2005 (29 Ill. Reg. 9241)
     148.412               New Section                  July 1, 2005 (29 Ill. Reg. 9241)
                                   ILLINOIS REGISTER                                     14503
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             DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                         NOTICE OF PROPOSED AMENDMENT

      148.414               New Section                  July 1, 2005 (29 Ill. Reg. 9241)
      148.416               New Section                  July 1, 2005 (29 Ill. Reg. 9241)
      148.418               New Section                  July 1, 2005 (29 Ill. Reg. 9241)
      148.420               New Section                  July 1, 2005 (29 Ill. Reg. 9241)
      148.422               New Section                  July 1, 2005 (29 Ill. Reg. 9241)
      148.424               New Section                  July 1, 2005 (29 Ill. Reg. 9241)
      148.426               New Section                  July 1, 2005 (29 Ill. Reg. 9241)
      148.428               New Section                  July 1, 2005 (29 Ill. Reg. 9241)
      148.430               New Section                  July 1, 2005 (29 Ill. Reg. 9241)
      148.432               New Section                  July 1, 2005 (29 Ill. Reg. 9241)
      148.434               New Section                  July 1, 2005 (29 Ill. Reg. 9241)

10)   Statement of Statewide Policy Objectives: This rulemaking does not affect units of local
      government.

11)   Time, Place, and Manner in Which Interested Persons May Comment on this Proposed
      Rulemaking: Any interested parties may submit comments, data, views, or arguments
      concerning this proposed rulemaking. All comments must be in writing and should be
      addressed to:

             Joanne Scattoloni
             Office of the General Counsel, Rules Section
             Illinois Department of Healthcare and Family Services
             201 South Grand Avenue East, Third Floor
             Springfield, Illinois 62763-0002

             (217) 524-0081

      The Department requests the submission of written comments within 30 days after the
      publication of this Notice. The Department will consider all written comments it receives
      during the first notice period as required by Section 5-40 of the Illinois Administrative
      Procedure Act [5 ILCS 100/5-40].

      Any interested persons may review these proposed amendments on the Internet at
      http://www.dpaillinois.com/publicnotice/ Access to the Internet is available through
      any local public library. In addition, the amendments may be reviewed at the Illinois
      Department of Human Services' local offices (except in Cook County). In Cook County,
      the amendments may be reviewed at the Office of the Director, Department of Healthcare
      and Family Services, 100 West Randolph Street, Suite 10-300, Chicago, Illinois. The
      amendments may be reviewed at all offices Monday through Friday from 8:30 a.m. until
                                     ILLINOIS REGISTER                                     14504
                                                                                          05
               DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                           NOTICE OF PROPOSED AMENDMENT

       5:00 p.m. This notice is being provided in accordance with federal requirements at 42
       CFR 447.205.

12)    Initial Regulatory Flexibility Analysis:

       A)     Types of small businesses, small municipalities and not-for-profit corporations
              affected: None

       B)     Reporting, bookkeeping or other procedures required for compliance: None

       C)     Types of professional skills necessary for compliance: None

13)    Regulatory agenda on which this rulemaking was summarized: This rulemaking was not
       included on either of the two most recent agendas because: this rulemaking was not
       anticipated by the Department when the most recent regulatory agendas were published.

The full text of the Proposed Amendment begins on the next page:
                               ILLINOIS REGISTER                                 14505
                                                                                05
           DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                     NOTICE OF PROPOSED AMENDMENT

                      TITLE 89: SOCIAL SERVICES
 CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICESPUBLIC AID
                  SUBCHAPTER d: MEDICAL PROGRAMS

                                   PART 148
                              HOSPITAL SERVICES

                     SUBPART A: GENERAL PROVISIONS

Section
148.10    Hospital Services
148.20    Participation
148.25    Definitions and Applicability
148.30    General Requirements
148.40    Special Requirements
148.50    Covered Hospital Services
148.60    Services Not Covered as Hospital Services
148.70    Limitation On Hospital Services

          SUBPART B: REIMBURSEMENT AND RELATED PROVISIONS

Section
148.80    Organ Transplants Services Covered Under Medicaid (Repealed)
148.82    Organ Transplant Services
148.85    Supplemental Tertiary Care Adjustment Payments
148.90    Medicaid Inpatient Utilization Rate (MIUR) Adjustment Payments
148.95    Medicaid Outpatient Utilization Rate (MOUR) Adjustment Payments
148.100   Outpatient Rural Hospital Adjustment Payments
148.103   Outpatient Service Adjustment Payments
148.105   Psychiatric Adjustment Payments
148.110   Psychiatric Base Rate Adjustment Payments
148.112   High Volume Adjustment Payments
148.115   Rural Adjustment Payments
148.120   Disproportionate Share Hospital (DSH) Adjustments
148.122   Medicaid Percentage Adjustments
148.126   Safety Net Adjustment Payments
148.130   Outlier Adjustments for Exceptionally Costly Stays
148.140   Hospital Outpatient and Clinic Services
148.150   Public Law 103-66 Requirements
148.160   Payment Methodology for County-Owned Hospitals in an Illinois County with a
                               ILLINOIS REGISTER                                   14506
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          DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                     NOTICE OF PROPOSED AMENDMENT

          Population of Over Three Million
148.170   Payment Methodology for Hospitals Organized Under the University of Illinois
          Hospital Act
148.175   Supplemental Disproportionate Share Payment Methodology for Hospitals
          Organized Under the Town Hospital Act
148.180   Payment for Pre-operative Days, Patient Specific Orders, and Services Which Can
          Be Performed in an Outpatient Setting
148.190   Copayments
148.200   Alternate Reimbursement Systems
148.210   Filing Cost Reports
148.220   Pre September 1, 1991, Admissions
148.230   Admissions Occurring on or after September 1, 1991
148.240   Utilization Review and Furnishing of Inpatient Hospital Services Directly or
          Under Arrangements
148.250   Determination of Alternate Payment Rates to Certain Exempt Hospitals
148.260   Calculation and Definitions of Inpatient Per Diem Rates
148.270   Determination of Alternate Cost Per Diem Rates For All Hospitals; Payment
          Rates for Certain Exempt Hospital Units; and Payment Rates for Certain Other
          Hospitals
148.280   Reimbursement Methodologies for Children's Hospitals and Hospitals
          Reimbursed Under Special Arrangements
148.285   Excellence in Academic Medicine Payments
148.290   Adjustments and Reductions to Total Payments
148.295   Critical Hospital Adjustment Payments (CHAP)
148.296   Tertiary Care Adjustment Payments
148.297   Pediatric Outpatient Adjustment Payments
148.298   Pediatric Inpatient Adjustment Payments
148.300   Payment
148.310   Review Procedure
148.320   Alternatives
148.330   Exemptions
148.340   Subacute Alcoholism and Substance Abuse Treatment Services
148.350   Definitions (Repealed)
148.360   Types of Subacute Alcoholism and Substance Abuse Treatment Services
          (Repealed)
148.368   Volume Adjustment (Repealed)
148.370   Payment for Subacute Alcoholism and Substance Abuse Treatment Services
148.380   Rate Appeals for Subacute Alcoholism and Substance Abuse Treatment Services
          (Repealed)
148.390   Hearings
                                    ILLINOIS REGISTER                                    14507
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               DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                          NOTICE OF PROPOSED AMENDMENT

148.400       Special Hospital Reporting Requirements

       SUBPART C: SEXUAL ASSAULT EMERGENCY TREATMENT PROGRAM

Section
148.500       Definitions
148.510       Reimbursement

              SUBPART D: STATE CHRONIC RENAL DISEASE PROGRAM

Section
148.600       Definitions
148.610       Scope of the Program
148.620       Assistance Level and Reimbursement
148.630       Criteria and Information Required to Establish Eligibility
148.640       Covered Services

148.TABLE A          Renal Participation Fee Worksheet
148.TABLE B          Bureau of Labor Statistics Equivalence
148.TABLE C          List of Metropolitan Counties by SMSA Definition

AUTHORITY: Implementing and authorized by Articles III, IV, V and VI and Section 12-13 of
the Illinois Public Aid Code [305 ILCS 5/Arts. III, IV, V, VI and 12-13].

SOURCE: Sections 148.10 thru 148.390 recodified from 89 Ill. Adm. Code 140.94 thru 140.398
at 13 Ill. Reg. 9572; Section 148.120 recodified from 89 Ill. Adm. Code 140.110 at 13 Ill. Reg.
12118; amended at 14 Ill. Reg. 2553, effective February 9, 1990; emergency amendment at 14
Ill. Reg. 11392, effective July 1, 1990, for a maximum of 150 days; amended at 14 Ill. Reg.
15358, effective September 13, 1990; amended at 14 Ill. Reg. 16998, effective October 4, 1990;
amended at 14 Ill. Reg. 18293, effective October 30, 1990; amended at 14 Ill. Reg. 18499,
effective November 8, 1990; emergency amendment at 15 Ill. Reg. 10502, effective July 1, 1991,
for a maximum of 150 days; emergency expired October 29, 1991; emergency amendment at 15
Ill. Reg. 12005, effective August 9, 1991, for a maximum of 150 days; emergency expired
January 6, 1992; emergency amendment at 15 Ill. Reg. 16166, effective November 1, 1991, for a
maximum of 150 days; amended at 15 Ill. Reg. 18684, effective December 23, 1991; amended at
16 Ill. Reg. 6255, effective March 27, 1992; emergency amendment at 16 Ill. Reg. 11335,
effective June 30, 1992, for a maximum of 150 days; emergency expired November 27, 1992;
emergency amendment at 16 Ill. Reg. 11942, effective July 10, 1992, for a maximum of 150
days; emergency amendment at 16 Ill. Reg. 14778, effective October 1, 1992, for a maximum of
150 days; amended at 16 Ill. Reg. 19873, effective December 7, 1992; amended at 17 Ill. Reg.
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131, effective December 21, 1992; amended at 17 Ill. Reg. 3296, effective March 1, 1993;
amended at 17 Ill. Reg. 6649, effective April 21, 1993; amended at 17 Ill. Reg. 14643, effective
August 30, 1993; emergency amendment at 17 Ill. Reg. 17323, effective October 1, 1993, for a
maximum of 150 days; amended at 18 Ill. Reg. 3450, effective February 28, 1994; emergency
amendment at 18 Ill. Reg. 12853, effective August 2, 1994, for a maximum of 150 days;
amended at 18 Ill. Reg. 14117, effective September 1, 1994; amended at 18 Ill. Reg. 17648,
effective November 29, 1994; amended at 19 Ill. Reg. 1067, effective January 20, 1995;
emergency amendment at 19 Ill. Reg. 3510, effective March 1, 1995, for a maximum of 150
days; emergency expired July 29, 1995; emergency amendment at 19 Ill. Reg. 6709, effective
May 12, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 10060, effective June 29,
1995; emergency amendment at 19 Ill. Reg. 10752, effective July 1, 1995, for a maximum of 150
days; amended at 19 Ill. Reg. 13009, effective September 5, 1995; amended at 19 Ill. Reg.
16630, effective November 28, 1995; amended at 20 Ill. Reg. 872, effective December 29, 1995;
amended at 20 Ill. Reg. 7912, effective May 31, 1996; emergency amendment at 20 Ill. Reg.
9281, effective July 1, 1996, for a maximum of 150 days; emergency amendment at 20 Ill. Reg.
12510, effective September 1, 1996, for a maximum of 150 days; amended at 20 Ill. Reg. 15722,
effective November 27, 1996; amended at 21 Ill. Reg. 607, effective January 2, 1997; amended
at 21 Ill. Reg. 8386, effective June 23, 1997; emergency amendment at 21 Ill. Reg. 9552,
effective July 1, 1997, for a maximum of 150 days; emergency amendment at 21 Ill. Reg. 9822,
effective July 2, 1997, for a maximum of 150 days; emergency amendment at 21 Ill. Reg. 10147,
effective August 1, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 13349, effective
September 23, 1997; emergency amendment at 21 Ill. Reg. 13675, effective September 27, 1997,
for a maximum of 150 days; amended at 21 Ill. Reg. 16161, effective November 26, 1997;
amended at 22 Ill. Reg. 1408, effective December 29, 1997; amended at 22 Ill. Reg. 3083,
effective January 26, 1998; amended at 22 Ill. Reg. 11514, effective June 22, 1998; emergency
amendment at 22 Ill. Reg. 13070, effective July 1, 1998, for a maximum of 150 days; emergency
amendment at 22 Ill. Reg. 15027, effective August 1, 1998, for a maximum of 150 days;
amended at 22 Ill. Reg. 16273, effective August 28, 1998; amended at 22 Ill. Reg. 21490,
effective November 25, 1998; amended at 23 Ill. Reg. 5784, effective April 30, 1999; amended
at 23 Ill. Reg. 7115, effective June 1, 1999; amended at 23 Ill. Reg. 7908, effective June 30,
1999; emergency amendment at 23 Ill. Reg. 8213, effective July 1, 1999, for a maximum of 150
days; emergency amendment at 23 Ill. Reg. 12772, effective October 1, 1999, for a maximum of
150 days; amended at 23 Ill. Reg. 13621, effective November 1, 1999; amended at 24 Ill. Reg.
2400, effective February 1, 2000; amended at 24 Ill. Reg. 3845, effective February 25, 2000;
emergency amendment at 24 Ill. Reg. 10386, effective July 1, 2000, for a maximum of 150 days;
amended at 24 Ill. Reg. 11846, effective August 1, 2000; amended at 24 Ill. Reg. 16067,
effective October 16, 2000; amended at 24 Ill. Reg. 17146, effective November 1, 2000;
amended at 24 Ill. Reg. 18293, effective December 1, 2000; amended at 25 Ill. Reg. 5359,
effective April 1, 2001; emergency amendment at 25 Ill. Reg. 5432, effective April 1, 2001, for a
maximum of 150 days; amended at 25 Ill. Reg. 6959, effective June 1, 2001; emergency
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                          NOTICE OF PROPOSED AMENDMENT

amendment at 25 Ill. Reg. 9974, effective July 23, 2001, for a maximum of 150 days; amended at
25 Ill. Reg. 10513, effective August 2, 2001; emergency amendment at 25 Ill. Reg. 12870,
effective October 1, 2001, for a maximum of 150 days; emergency expired February 27, 2002;
amended at 25 Ill. Reg. 16087, effective December 1, 2001; emergency amendment at 26 Ill.
Reg. 536, effective December 31, 2001, for a maximum of 150 days; emergency amendment at
26 Ill. Reg. 680, effective January 1, 2002, for a maximum of 150 days; amended at 26 Ill. Reg.
4825, effective March 15, 2002; emergency amendment at 26 Ill. Reg. 4953, effective March 18,
2002, for a maximum of 150 days; emergency amendment repealed at 26 Ill. Reg. 7786,
effective July 1, 2002; emergency amendment at 26 Ill. Reg. 7340, effective April 30, 2002, for a
maximum of 150 days; amended at 26 Ill. Reg. 8395, effective May 28, 2002; emergency
amendment at 26 Ill. Reg. 11040, effective July 1, 2002, for a maximum of 150 days; emergency
amendment repealed at 26 Ill. Reg. 16612, effective October 22, 2002; amended at 26 Ill. Reg.
12322, effective July 26, 2002; amended at 26 Ill. Reg. 13661, effective September 3, 2002;
amended at 26 Ill. Reg. 14808, effective September 26, 2002; emergency amendment at 26 Ill.
Reg. 14887, effective October 1, 2002, for a maximum of 150 days; amended at 26 Ill. Reg.
17775, effective November 27, 2002; emergency amendment at 27 Ill. Reg. 580, effective
January 1, 2003, for a maximum of 150 days; emergency amendment at 27 Ill. Reg. 866,
effective January 1, 2003, for a maximum of 150 days; amended at 27 Ill. Reg. 4386, effective
February 24, 2003; emergency amendment at 27 Ill. Reg. 8320, effective April 28, 2003, for a
maximum of 150 days; emergency amendment repealed at 27 Ill. Reg. 12121, effective July 10,
2003; amended at 27 Ill. Reg. 9178, effective May 28, 2003; emergency amendment at 27 Ill.
Reg. 11041, effective July 1, 2003, for a maximum of 150 days; emergency amendment at 27 Ill.
Reg. 16185, effective October 1, 2003, for a maximum of 150 days; emergency amendment at 27
Ill. Reg. 16268, effective October 1, 2003, for a maximum of 150 days; amended at 27 Ill. Reg.
18843, effective November 26, 2003; emergency amendment at 28 Ill. Reg. 1418, effective
January 8, 2004, for a maximum of 150 days; emergency amendment at 28 Ill. Reg. 1766,
effective January 10, 2004, for a maximum of 150 days; emergency expired June 7, 2004;
amended at 28 Ill. Reg. 2770, effective February 1, 2004; emergency amendment at 28 Ill. Reg.
5902, effective April 1, 2004, for a maximum of 150 days; amended at 28 Ill. Reg. 7101,
effective May 3, 2004; amended at 28 Ill. Reg. 8072, effective June 1, 2004; emergency
amendment at 28 Ill. Reg. 8167, effective June 1, 2004, for a maximum of 150 days; amended at
28 Ill. Reg. 9661, effective July 1, 2004; emergency amendment at 28 Ill. Reg. 10157, effective
July 1, 2004, for a maximum of 150 days; emergency amendment at 28 Ill. Reg. 12036, effective
August 3, 2004, for a maximum of 150 days; emergency expired December 30, 2004; emergency
amendment at 28 Ill. Reg. 12227, effective August 6, 2004, for a maximum of 150 days;
emergency expired January 2, 2005; amended at 28 Ill. Reg. 14557, effective October 27, 2004;
amended at 28 Ill. Reg. 15536, effective November 24, 2004; amended at 29 Ill. Reg. 861,
effective January 1, 2005; emergency amendment at 29 Ill. Reg. 2026, effective January 21,
2005, for a maximum of 150 days; amended at 29 Ill. Reg. 5514, effective April 1, 2005;
emergency amendment at 29 Ill. Reg. 5756, effective April 8, 2005, for a maximum of 150 days;
                                    ILLINOIS REGISTER                                        14510
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                          NOTICE OF PROPOSED AMENDMENT

emergency amendment repealed by emergency rulemaking at 29 Ill. Reg. 11622, effective July
5, 2005, for a maximum of 150 days; amended at 29 Ill. Reg. 8363, effective June 1, 2005;
emergency amendment at 29 Ill. Reg. 10275, effective July 1, 2005, for a maximum of 150 days;
emergency amendment at 29 Ill. Reg. 12568, effective August 1, 2005, for a maximum of 150
days; amended at 29 Ill. Reg. ______, effective ____________.

             SUBPART B: REIMBURSEMENT AND RELATED PROVISIONS

Section 148.140 Hospital Outpatient and Clinic Services

       a)     Fee-For-Service Reimbursement

              1)     Reimbursement for hospital outpatient services shall be made on a fee-for-
                     service basis, except for:

                     A)     Those services that meet the definition of the Ambulatory
                            Procedure Listing (APL) as described in subsection (b) of this
                            Section.

                     B)     End stage renal disease treatment (ESRDT) services, as described
                            in subsection (c) of this Section.

                     C)     Those services provided by a Certified Pediatric Ambulatory Care
                            Center (CPACC), as described in 89 Ill. Adm. Code
                            140.461(f)(1)(D) and Section 148.25(b)(5)(D).

                     D)     Those services provided by a Critical Clinic Provider as described
                            in subsection (e) of this Section.

              2)     Except for the procedures under the APL groupings described in
                     subsection (b) of this Section, fee-for-service reimbursement levels shall
                     be at the lower of the hospital's usual and customary charge to the public
                     or the Department's statewide maximum reimbursement screens.
                     Hospitals will be required to bill the Department utilizing specific service
                     codes. However, all specific client coverage policies (relating to client
                     eligibility and scope of services available to those clients) which pertain to
                     the service billed are applicable to hospitals in the same manner as to non-
                     hospital providers who bill fee for service.

              3)     With respect to those hospitals described in Section 148.25(b)(2)(A), the
                    ILLINOIS REGISTER                                      14511
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     reimbursement rate described in subsection (a)(2) of this Section shall be
     adjusted on a retrospective basis. The retrospective adjustment shall be
     calculated as follows:

     A)     The reimbursement rates described in subsection (a)(2) of this
            Section shall be no less than the reimbursement rates in effect on
            June 1, 1992, except that this minimum shall be adjusted on the
            first day of July of each year by the annual percentage change in
            the per diem cost of inpatient hospital services as reported on the
            two most recent annual Medicaid cost reports.

     B)     The per diem cost of inpatient hospital services shall be calculated
            by dividing the total allowable Medicaid costs by the total
            allowable Medicaid days.

4)   Maternal and Child Health Program rates, as described in 89 Ill. Adm.
     Code 140 Table M, shall be paid to Certified Hospital Ambulatory
     Primary Care Centers (CHAPCC), as described in 89 Ill. Adm. Code
     140.461(f)(1)(A) and Section 148.25(b)(5)(A), Certified Hospital
     Organized Satellite Clinics (CHOSC), as described in 89 Ill. Adm. Code
     140.461(f)(1)(B) and Section 148.25(b)(5)(B), and Certified Obstetrical
     Ambulatory Care Centers (COBACC), as described in 89 Ill. Adm. Code
     140.461(f)(1)(C), and Section 148.25(b)(5)(C). Maternal and Child Health
     Program rates shall also be paid to Certified Pediatric Ambulatory Care
     Centers (CPACC), as described in 89 Ill. Adm. Code 140.461(f)(1)(D) and
     Section 148.25(b)(5)(D), for covered services as described in 89 Ill. Adm.
     Code 140.462(e)(3), that are provided to non-assigned Maternal and Child
     Health Program clients, as described in 89 Ill. Adm. Code 140.464(b)(1).

5)   Certified Pediatric Ambulatory Care Centers (CPACC), as described in 89
     Ill. Adm. Code 140.461(f)(1)(D) and Section 148.25(b)(5)(D), shall be
     reimbursed in accordance with 89 Ill. Adm. Code 140.464(b)(2) for
     assigned clients.

6)   Hospitals described in Sections 148.25(b)(2)(A) and 148.25(b)(2)(B) shall
     be required to submit outpatient cost reports to the Department within 90
     days after the close of the facility's fiscal year.

7)   With the exception of the retrospective adjustment described in subsection
     (a)(3) of this Section, no year-end reconciliation is made to the
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     DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

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            reimbursement rates calculated under this Section.

b)   Ambulatory Procedure Listing (APL)
     Effective January 1, 2006July 1, 2004, the Department will reimburse hospitals
     for certain hospital outpatient procedures as described in subsection (b)(1) of this
     Section.

     1)     APL Groupings
            Under the APL, a list was developed that defines those technical
            procedures that require the use of the hospital outpatient setting, its
            technical staff or equipment. These procedures are separated into separate
            groupings based upon the complexity and historical costs of the
            procedures. The groupings are as follows:

            A)      Surgical Groups

                    i)      Surgical group 1(a) consists of intense surgical procedures.
                            Group 1(a) surgeries require an operating suite with
                            continuous patient monitoring by anesthesia personnel.
                            This level of service involves advanced specialized skills
                            and highly technical operating room personnel using high
                            technology equipment. The rate for this procedure shall be
                            $1,794.001,709.00.

                    ii)     Surgical group 1(b) consists of moderately intense surgical
                            procedures. Group 1(b) surgeries generally require the use
                            of an operating room suite or an emergency room treatment
                            suite, along with continuous monitoring by anesthesia
                            personnel and some specialized equipment. The rate for
                            this procedure shall be $1,049.00999.00.

                    iii)    Surgical group 1(c) consists of low intensity surgical
                            procedures. Group 1(c) surgeries may be done in an
                            operating suite or an emergency room and require relatively
                            brief operating times. Such procedures may be performed
                            for evaluation or diagnostic reasons. The rate for this
                            procedure shall be $752.00716.00.

                    iv)     Surgical group 1(d) consists of surgical procedures of very
                            low intensity. Group 1(d) surgeries may be done in an
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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

         NOTICE OF PROPOSED AMENDMENT

                  operating room or emergency room, have a low risk of
                  complications, and include some physician-administered
                  diagnostic and therapeutic procedures. The rate for this
                  procedure shall be $287.00273.00.

    B)    Diagnostic and Therapeutic Groups

          i)      Diagnostic and therapeutic group 2(a) consists of advanced
                  or evolving technologically complex diagnostic or
                  therapeutic procedures. Group 2(a) procedures are
                  typically invasive and must be administered by a physician.
                  The rate for this procedure shall be $941.00896.00.

          ii)     Diagnostic and therapeutic group 2(b) consists of
                  technologically complex diagnostic and therapeutic
                  procedures that are typically non-invasive. Group 2(b)
                  procedures typically include radiological consultation or a
                  diagnostic study. The rate for this procedure shall be
                  $304.00290.00.

          iii)    Diagnostic and therapeutic group 2(c) consists of other
                  diagnostic tests. Group 2(c) procedures are generally non-
                  invasive and may be administered by a technician and
                  monitored by a physician. The rate for this procedure shall
                  be $176.00168.00.

          iv)     Diagnostic and therapeutic group 2(d) consists of
                  therapeutic procedures. Group 2(d) procedures typically
                  involve parenterally administered therapeutic agents.
                  Either a nurse or a physician is likely to perform such
                  procedures. The rate for this procedure shall be
                  $136.00130.00.

    C)    Group 3 reimbursement for services provided in a hospital
          emergency department will be made in accordance with one of the
          three levels described in this Section. Emergency Services mean
          those services that are for a medical condition manifesting itself by
          acute symptoms of sufficient severity (including severe pain) such
          that a prudent layperson, possessing an average knowledge of
          medicine and health, could reasonably expect that the absence of
                  ILLINOIS REGISTER                                        14514
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          immediate attention would result in placing the health of the
          individual (or, with respect to a pregnant woman, the health of the
          woman or her unborn child) in serious jeopardy, serious
          impairment to bodily functions or serious dysfunction of any
          bodily organ or part. The determination of the level of service
          reimbursable by the Department shall be based upon the
          circumstances at the time of the initial examination, not upon the
          final determination of the client's actual condition, unless the actual
          condition is more severe.

          i)      Emergency Level I refers to Emergency Services provided
                  in the hospital's emergency department for the alleviation
                  of severe pain or for immediate diagnosis and/or treatment
                  of conditions or injuries that pose an immediate significant
                  threat to life or physiologic function or requires an intense
                  level of physician or nursing intervention. An "intense
                  level" is defined as more than two hours of documented
                  one-on-one nursing care or interactive treatment. The rate
                  for this service shall be $181.00172.00.

          ii)     Emergency Level II refers to Emergency Services that do
                  not meet the definition in this Section of Emergency Level
                  I care, but that are provided in the hospital emergency
                  department for a medical condition manifesting itself by
                  acute symptoms of sufficient severity. The rate for this
                  service shall be $67.0064.00.

          iii)    Non-Emergency/Screening Level means those services
                  provided in the hospital emergency department that do not
                  meet the requirements of Emergency Level I or II stated in
                  this Section. For such care, the Department will reimburse
                  the hospital either applicable current FFS rates for the
                  services provided or a screening fee, but not both. The rate
                  for this service shall be $26.0025.00.

    D)    Group 4 for observation services is established to reimburse such
          services that are provided when a patient's current condition does
          not warrant an inpatient admission but does require an extended
          period of observation in order to evaluate and treat the patient in a
          setting that provides ancillary resources for diagnosis or treatment
                  ILLINOIS REGISTER                                         14515
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          with appropriate medical and skilled nursing care. The hospital
          may bill for both observation and other APL procedures but will be
          reimbursed only for the procedure (group) with the highest
          reimbursement rate. Observation services will be reimbursed
          under one of three categories:

          i)      for at least 60 minutes but less than six hours and 31
                  minutes of services, the rate shall be $74.0070.00;

          ii)     for at least six hours and 31 minutes but less than 12 hours
                  and 31 minutes of services, the rate shall be $222.00211.00;
                  or

          iii)    for at least 12 hours and 31 minutes or more of services, the
                  rate shall be $443.00422.00.

    E)    Group 5 for psychiatric treatment services is established to
          reimburse for certain outpatient treatment psychiatric services that
          are provided by a hospital that is enrolled with the Department to
          provide inpatient psychiatric services. Under this group, the
          Department will reimburse, at different rates, Type A and Type B
          Psychiatric Clinic Services, as defined in Section 148.40(d)(1). A
          different rate will also be reimbursed to children's hospitals as
          defined in 89 Ill. Adm. Code 149.50(c)(3)(A).

          i)      The rate for Type A psychiatric clinic services shall be
                  $68.00.

          ii)     The rate for Type A psychiatric clinic services provided by
                  a Children's Hospital shall be $102.00.

          iii)    The rate for Type B psychiatric clinic services shall be
                  $101.00.

          iv)     The rate for Type B psychiatric clinic services provided by
                  a Children's Hospital shall be $102.00.

    F)    Group 6 for physical rehabilitation services is established to
          reimburse for certain outpatient physical rehabilitation services.
          Under this group, the Department will reimburse for services
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            provided by a hospital enrolled with the Department to provide
            outpatient physical rehabilitation services at a different rate than
            will be reimbursed for physical rehabilitation services provided by
            a hospital that is not enrolled with the Department to provide
            physical rehabilitation services. A different rate will also be
            reimbursed to children's hospitals as defined in 89 Ill. Adm. Code
            149.50(c)(3)(A).

            i)      The rate for rehabilitation services provided by a hospital
                    enrolled with the Department to provide outpatient physical
                    rehabilitation shall be $130.00.

            ii)     The rate for rehabilitation services provided by a hospital
                    that is not enrolled with the Department to provide physical
                    rehabilitation shall be $115.00.

            iii)    The rate for rehabilitation services provided by Children's
                    Hospitals shall be $130.00.

2)   Each of the groups described in subsection (b)(1) of this Section will be
     reimbursed by the Department considering the following:

     A)     The Department will provide cost outlier payments for specific
            devices and drugs associated with specific APL procedures. Such
            payments will be made if:

            i)      The device or drug is on an approved list maintained by the
                    Department. In order to be approved, the Department will
                    consider requests from medical providers and shall base its
                    decision on medical appropriateness of the device or drug
                    and the costs of such device or drug; and

            ii)     The provision of such devices or drugs is deemed to be
                    medically appropriate for a specific client, as determined
                    by the Department's physician consultants.

     B)     Additional payment for such devices or drugs, as described in
            subsection (b)(2)(A) of this Section, will require prior
            authorization by the Department unless it is determined by the
            Department's professional medical staff that prior authorization is
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         NOTICE OF PROPOSED AMENDMENT

          not warranted for a specific device or drug. When such prior
          authorization has been denied for a specific device or drug, the
          decision may be appealed as allowed by 89 Ill. Adm. Code
          102.80(a)(7) and in accordance with the provisions for assistance
          appeals at 89 Ill. Adm. Code 104.

    C)    The amount of additional payment for devices or drugs, as
          described in subsection (b)(2)(A) of this Section, will be based on
          the following methodology:

          i)     The product of a cost to charge ratio that, in the case of cost
                 reporting hospitals as described in Section 148.130(d), or in
                 the case of other non-cost reporting providers, equals 0.5
                 multiplied by the provider's total covered charges on the
                 qualifying claim, less the APL payment rate multiplied by
                 four;

          ii)    If the result of subsection (b)(2)(C)(i) of this Section is less
                 than or equal to zero, no additional payment will be made.
                 If the result is greater than zero, the additional payment will
                 equal the result of subsection (b)(2)(C)(i) of this Section,
                 multiplied by 80 percent. In such cases, the provider will
                 receive the sum of the APL payment and the additional
                 payment for such high cost devices or drugs.

    D)    For county-owned hospitals located in an Illinois county with a
          population greater than three million, reimbursement rates for each
          of the reimbursement groups shall be equal to the amounts
          described in subsection (b)(1) of this Section multiplied by a factor
          of 2.722.856, except that physical rehabilitation services provided
          by a general care hospital not enrolled with the Department to
          provide outpatient physical rehabilitation services shall be
          reimbursed at a rate of $230.00 and the reimbursement rate for
          Type B psychiatric clinic services shall be $224.00.

    E)    Reimbursement rates for hospitals not required to file an annual
          cost report with the Department may be lower than those listed in
          this Section.

    F)    Reimbursement for each APL group described in this subsection
                    ILLINOIS REGISTER                                      14518
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          NOTICE OF PROPOSED AMENDMENT

            (b) shall be all-inclusive for all services provided by the hospital,
            regardless of the amount charged by a hospital. No separate
            reimbursement will be made for ancillary services or the services
            of hospital personnel. Exceptions to this provision are that
            hospitals shall be allowed to bill separately, on a fee-for-service
            basis, for professional outpatient services of a physician providing
            direct patient care who is salaried by the hospital, and occupational
            or speech therapy services provided in conjunction with
            rehabilitation services as described in subsection (b)(1)(F) of this
            Section. For the purposes of this Section, a salaried physician is a
            physician who is salaried by the hospital; a physician who is
            reimbursed by the hospital through a contractual arrangement to
            provide direct patient care; or a group of physicians with a
            financial contract to provide emergency department care. Under
            APL reimbursement, salaried physicians do not include
            radiologists, pathologists, nurse practitioners, or certified
            registered nurse anesthetists and no separate reimbursement will be
            allowed for such providers.

3)   The assignment of procedure codes to each of the reimbursement groups
     in subsection (b)(1) of this Section are detailed in the Department's
     Hospital Handbook and in notices to providers.

4)   A one-time fiscal year 2000 payment will be made to hospitals. Payment
     will be based upon the services, specified in this Section, provided on or
     after July 1, 1998, and before July 1, 1999, which were submitted to the
     Department and determined eligible for payment (adjudicated) by the
     Department on or prior to April 30, 2000, excluding services for
     Medicare/Medicaid crossover claims and claims which resulted in a zero
     payment by the Department. A one-time amount of:

     A)     $27.75 will be paid for each service for procedure code W7183
            (Psychiatric clinic Type A for adults).

     B)     $24.00 will be paid for each service for APL Group 5 (Psychiatric
            clinic Type A only) provided by a children's hospital as defined in
            89 Ill. Adm. Code 149.50(c)(3)(A).

     C)     $15.00 will be paid for each service for APL Group 6 (Physical
            rehabilitation services) provided by a children's hospital as defined
                   ILLINOIS REGISTER                                       14519
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          NOTICE OF PROPOSED AMENDMENT

            in 89 Ill. Adm. Code 149.50(c)(3)(A).

5)   County Facility Outpatient Adjustment

     A)     Effective for services provided on or after July 1, 1995, county
            owned hospitals in an Illinois county with a population of over
            three million shall be eligible for a county facility outpatient
            adjustment payment. This adjustment payment shall be in addition
            to the amounts calculated under this Section and are calculated as
            follows:

            i)     Beginning with July 1, 1995, hospitals under this
                   subsection shall receive an annual adjustment payment
                   equal to total base year hospital outpatient costs trended
                   forward to the rate year minus total estimated rate year
                   hospital outpatient payments, multiplied by the resulting
                   ratio derived when the value 200 is divided by the quotient
                   of the difference between total base year hospital outpatient
                   costs trended forward to the rate year and total estimated
                   rate year hospital outpatient payments divided by one
                   million.

            ii)    The payment calculated under this subsection (b)(5)(A)
                   may be adjusted by the Department to ensure compliance
                   with aggregate and hospital specific federal payment
                   limitations.

            iii)   The county facility outpatient adjustment under this
                   subsection shall be made on a quarterly basis.

     B)     County Facility Outpatient Adjustment Definition. The definitions
            of terms used with reference to calculation of the county facility
            outpatient adjustment are as follows:

            i)     "Base Year" means the most recently completed State fiscal
                   year.

            ii)    "Rate Year" means the State fiscal year during which the
                   county facility adjustment payments are made.
                    ILLINOIS REGISTER                                         14520
                                                                             05
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

          NOTICE OF PROPOSED AMENDMENT

            iii)    "Total Estimated Rate Year Hospital Outpatient Payments"
                    means the Department's total estimated outpatient date of
                    service liability, projected for the upcoming rate year.

            iv)     "Total Hospital Outpatient Costs" means the statewide sum
                    of all hospital outpatient costs derived by summing each
                    hospital's outpatient charges derived from actual paid
                    claims data multiplied by the hospital's cost-to-charge ratio.

6)   No Year-End Reconciliation
     With the exception of the retrospective rate adjustment described in
     subsection (b)(8) of this Section, no year-end reconciliation is made to the
     reimbursement rates calculated under this subsection (b).

7)   Rate Adjustments
     With respect to those hospitals described in Section 148.25(b)(2)(A), the
     reimbursement rates described in subsection (b)(5) of this Section shall be
     adjusted on a retrospective basis. The retrospective adjustment shall be
     calculated as follows:

     A)     The reimbursement rates described in subsection (b)(5) of this
            Section shall be no less than the reimbursement rates in effect on
            June 1, 1992, except that this minimum shall be adjusted on the
            first day of July of each year by the annual percentage change in
            the per diem cost of inpatient hospital services as reported on the
            two most recent annual Medicaid cost reports.

     B)     The per diem cost of inpatient hospital services shall be calculated
            by dividing the total allowable Medicaid costs by the total
            allowable Medicaid days.

8)   Services are available to all clients in geographic areas in which an
     encounter rate hospital or a county-operated outpatient facility is located.
     All specific client coverage policies (relating to client eligibility and scope
     of services available to those clients) which pertain to the service billed
     are applicable to hospitals reimbursed under the Ambulatory Care
     Program in the same manner as to encounter rate hospitals and to non-
     hospital and hospital providers who bill and receive reimbursement on a
     fee-for-service basis.
                           ILLINOIS REGISTER                                      14521
                                                                                 05
     DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                 NOTICE OF PROPOSED AMENDMENT

     9)     Hospitals described in Section 148.25(b)(2)(A) and (b)(2)(B) shall be
            required to submit outpatient cost reports to the Department within 90
            days after the close of the facility's fiscal year.

c)   Payment for outpatient end-stage renal disease treatment (ESRDT) services
     provided pursuant to Section 148.40(c) shall be made at the Department's
     payment rates, as follows:

     1)     For inpatient hospital services provided pursuant to Section 148.40(c)(1),
            the Department shall reimburse hospitals pursuant to Sections 148.240
            through 148.300 and 89 Ill. Adm. Code 149.

     2)     For outpatient services or home dialysis treatments provided pursuant to
            Section 148.40(c)(2) or (c)(3), the Department will reimburse hospitals
            and clinics for ESRDT services at a rate which will reimburse the provider
            for the dialysis treatment and all related supplies and equipment, as
            defined in 42 CFR 405.2163 (1994). This rate will be that rate established
            by Medicare pursuant to 42 CFR 405.2124 and 413.170 (1994).

     3)     Payment for non-routine services. For services which are provided during
            outpatient or home dialysis treatment pursuant to Section 148.40(c)(2) or
            (c)(3) but are not defined as a routine service under 42 CFR 405.2163
            (1994), separate payment will be made to independent laboratories,
            pharmacies, and medical supply providers pursuant to 89 Ill. Adm. Code
            140.430 through 140.434, 140.440 through 140.450, and 140.475 through
            140.481, respectively.

     4)     Payment for physician services relating to ESRDT will be made separately
            to physicians, pursuant to 89 Ill. Adm. Code 140.400.

     5)     With respect to those hospitals described in Section 148.25(b)(2)(A), the
            reimbursement rates described in this subsection (c) shall be adjusted on a
            retrospective basis. The retrospective adjustment shall be calculated as
            follows:

            A)     The reimbursement rates described in this subsection (c) shall be
                   no less than the reimbursement rates in effect on June 1, 1992,
                   except that this minimum shall be adjusted on the first day of July
                   of each year by the annual percentage change in the per diem cost
                   of inpatient hospital services as reported on the two most recent
                          ILLINOIS REGISTER                                        14522
                                                                                  05
     DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                NOTICE OF PROPOSED AMENDMENT

                  annual Medicaid cost reports.

           B)     The per diem cost of inpatient hospital services shall be calculated
                  by dividing the total allowable Medicaid costs by the total
                  allowable Medicaid days.

     6)    With the exception of the retrospective rate adjustment described in
           subsection (c)(5) of this Section, no year-end reconciliation is made to the
           reimbursement rates calculated under this subsection (c).

     7)    Hospitals described in Section 148.25(b)(2)(A) and (b)(2)(B) of this
           Section shall be required to submit outpatient cost reports to the
           Department within 90 days after the close of the facility's fiscal year.

d)   Non Hospital-Based Clinic Reimbursement

     1)    County-Operated Outpatient Facility Reimbursement
           Reimbursement for all services provided by county-operated outpatient
           facilities, as described in Section 148.25(b)(2)(C), that do not qualify as
           either a Maternal and Child Health Program managed care clinics, as
           described in 89 Ill. Adm. Code 140.461(f), or as a Critical Clinic Provider,
           as described in subsection (e) of this Section, shall be on an all-inclusive
           per encounter rate basis as follows:

           A)     Base Rate. The per encounter base rate shall be calculated as
                  follows:

                  i)      Allowable direct costs shall be divided by the number of
                          direct encounters to determine an allowable cost per
                          encounter delivered by direct staff.

                  ii)     The resulting quotient, as calculated in subsection
                          (d)(1)(A)(i) of this Section, shall be multiplied by the
                          Medicare allowable overhead rate factor to calculate the
                          overhead cost per encounter.

                  iii)    The resulting product, as calculated in subsection
                          (d)(1)(A)(ii) of this Section, shall be added to the resulting
                          quotient, as calculated in subsection (d)(1)(A)(i) of this
                          Section to determine the per encounter base rate.
                    ILLINOIS REGISTER                                       14523
                                                                           05
DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

          NOTICE OF PROPOSED AMENDMENT


            iv)     The resulting sum, as calculated in subsection (d)(1)(A)(iii)
                    of this Section, shall be the per encounter base rate.

     B)     Supplemental Rate

            i)      The supplemental service cost shall be divided by the total
                    number of direct staff encounters to determine the direct
                    supplemental service cost per encounter.

            ii)     The supplemental service cost shall be multiplied by the
                    allowable overhead rate factor to calculate the
                    supplemental overhead cost per encounter.

            iii)    The quotient derived in subsection (d)(1)(B)(i) of this
                    Section, shall be added to the product derived in subsection
                    (d)(1)(B)(ii) of this Section, to determine the per encounter
                    supplemental rate.

            iv)     The resulting sum, as described in subsection (d)(1)(B)(iii)
                    of this Section, shall be the per encounter supplemental
                    rate.

     C)     Final Rate

            i)      The per encounter base rate, as described in subsection
                    (d)(1)(A)(iv) of this Section, shall be added to the per
                    encounter supplemental rate, as described in subsection
                    (d)(1)(B)(iv) of this Section, to determine the per encounter
                    final rate.

            ii)     The resulting sum, as determined in subsection (d)(1)(C)(i)
                    of this Section, shall be the per encounter final rate.

            iii)    The per encounter final rate, as described in subsection
                    (d)(1)(C)(ii) of this Section, shall be adjusted in accordance
                    with subsection (d)(2) of this Section.

2)   Rate Adjustments
     Rate adjustments to the per encounter final rate, as described in subsection
                            ILLINOIS REGISTER                                        14524
                                                                                    05
     DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                 NOTICE OF PROPOSED AMENDMENT

            (d)(1)(C)(iii) of this Section, shall be calculated as follows:

            A)      The reimbursement rates described in subsections (d)(1)(A)
                    through (d)(1)(C) and (e)(2) of this Section shall be no less than
                    the reimbursement rates in effect on June 1, 1992, except that this
                    minimum shall be adjusted on the first day of July of each year by
                    the annual percentage change in the per diem cost of inpatient
                    hospital services as reported on the two most recent annual
                    Medicaid cost reports. The per diem cost of inpatient hospital
                    services shall be calculated by dividing the total allowable
                    Medicaid costs by the total allowable Medicaid days.

            B)      The per diem cost of inpatient hospital services shall be calculated
                    by dividing the total allowable Medicaid costs by the total
                    allowable Medicaid days.

            C)      The final rate described in subsection (d)(1)(C) of this Section
                    shall be no less than $147.09 per encounter.

     3)     County-operated outpatient facilities, as described in Section
            148.25(b)(2)(C), shall be required to submit outpatient cost reports to the
            Department within 90 days after the close of the facility's fiscal year. No
            year-end reconciliation is made to the reimbursement calculated under this
            subsection (d).

     4)     Services are available to all clients in geographic areas in which an
            encounter rate hospital or a county-operated outpatient facility is located.
            All specific client coverage policies (relating to client eligibility and scope
            of services available to those clients) thatwhich pertain to the service
            billed are applicable to encounter rate hospitals in the same manner as to
            hospitals reimbursed under the Ambulatory Care Program and to non-
            hospital and hospital providers who bill and receive reimbursement on a
            fee-for-service basis.

e)   Critical Clinic Providers

     1)     Effective for services provided on or after September 27, 1997, a clinic
            owned or operated by a county with a population of over three million,
            that is within or adjacent to a hospital, shall qualify as a Critical Clinic
            Provider if the facility meets the efficiency standards established by the
                     ILLINOIS REGISTER                                        14525
                                                                             05
 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

           NOTICE OF PROPOSED AMENDMENT

      Department. The Department's efficiency standards under this subsection
      (e) require that the quotient of total encounters per facility fiscal year for
      the Critical Clinic Provider divided by total full time equivalent physicians
      providing services at the Critical Clinic Provider shall be greater than:

      A)     2700 for reimbursement provided during the facility's cost
             reporting year ending during 1998,

      B)     2900 for reimbursement provided during the facility's cost
             reporting year ending during 1999,

      C)     3100 for reimbursement provided during the facility's cost
             reporting year ending during 2000,

      D)     3600 for reimbursement provided during the facility's cost
             reporting year ending during 2001, and

      E)     4200 for reimbursement provided during the facility's cost
             reporting year ending during 2002.

 2)   Reimbursement for all services provided by any Critical Clinic Provider
      shall be on an all-inclusive per-encounter rate which shall equal reported
      direct costs of Critical Clinic Providers for each facility's cost reporting
      period ending in 1995, and available to the Department as of September 1,
      1997, divided by the number of Medicaid services provided during that
      cost reporting period as adjudicated by the Department through July 31,
      1997.

 3)   Critical Clinic Providers, as described in this subsection (e), shall be
      required to submit outpatient cost reports to the Department within 90
      days after the close of the facility's fiscal year. No year-end reconciliation
      is made to the reimbursement calculated under this subsection (e).

4)    The reimbursement rates described in this subsection (e) shall be no less
      than the reimbursement rates in effect on July 1, 1992, except that this
      minimum shall be adjusted on the first day of July of each year by the
      annual percentage change in the per diem cost of inpatient hospital
      services as reported on the two most recent annual Medicaid cost reports.
      The per diem cost of inpatient hospital services shall be calculated by
      dividing the total allowable Medicaid costs by the total allowable
                             ILLINOIS REGISTER                                       14526
                                                                                    05
       DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

                   NOTICE OF PROPOSED AMENDMENT

              Medicaid days.

f)     Critical Clinic Provider Pharmacies
       Prescribed drugs, dispensed by a pharmacy that is a Critical Clinic Provider, that
       are not part of an encounter reimbursable under subsection (e) of this Section
       shall be reimbursed at the rate described in subsection (e)(2) of this Section.

(Source: Amended at 29 Ill. Reg. ______, effective ____________)
                                   ILLINOIS REGISTER                                      14527
                                                                                         05
                          DEPARTMENT OF PUBLIC HEALTH

                        NOTICE OF PROPOSED AMENDMENTS

1)   Heading of the Part : HIV/AIDS Confidentiality and Testing Code

2)   Code Citation: 77 Ill. Adm. Code 697

3)   Section Numbers:              Proposed Action:
     697.20                        Amendment
     697.100                       Amendment
     697.140                       Amendment
     697.300                       Amendment
     APPENDIX A                    Amendment
     APPENDIX C                    New Section

4)   Statutory Authority: AIDS Confidentiality Act [410 ILCS 305]; AIDS Registry Act [410
     ILCS 310]; Communicable Disease Prevention Act [410 ILCS 315]; and Sections 55,
     55.11, 55.41 and 55-45 of Civil Administrative Code of Illinois [20 ILCS 2310/55, 55.11,
     55.41 and 55.45]

5)   A Complete Description of the Subjects and Issues Involved: The HIV/AIDS
     Confidentiality and Testing Code currently prohibits the release of screening test results
     for HIV infection prior to confirmation with a Western blot test or other confirmatory
     test. In recent years, two enzyme immune assay (EIA) (screening) tests that can provide
     a preliminary result within a few hours have been approved by the federal Food and Drug
     Administration. The Public Health Service (PHS) has issued guidelines recommending
     the administration of anti-retroviral treatment during pregnancy, or at a minimum during
     labor and delivery, to prevent prenatal transmission of HIV from infected mother to child.
     The U.S. Centers Disease Control and Prevention (CDC) has also issued guidelines
     recommending that prophylactic anti-retroviral treatment be administered as soon as
     possible following occupational exposure to HIV. The use of a rapid HIV test and
     release of preliminary results to facilitate medical intervention to prevent further
     transmission of HIV would be consistent with these guidelines. This rulemaking will
     permit the release of preliminary results in these situations following appropriate patient
     pre-test counseling that includes discussion of the possibility and probability of a false
     positive test results. Changes to Section 697.20 (Definitions) are made to avoid possible
     misunderstandings in interpretation of this guidance by adding definitions for "screening
     test" and "supplemental test". Changes to Section 697.100 will allow for the use of any
     U.S. Food and Drug Administration (FDA) approved HIV tests for the detection of HIV
     infection rather than specifically named tests.

6)   Will this rulemaking replace any emergency rulemaking currently in effect? No
                                    ILLINOIS REGISTER                                  14528
                                                                                      05
                           DEPARTMENT OF PUBLIC HEALTH

                         NOTICE OF PROPOSED AMENDMENTS

7)    Does this rulemaking contain an automatic repeal date? No

8)    Does this rulemaking contain incorporations by reference? No

9)    Are there any other proposed amendments pending on this Part? No

10)   Statement of Statewide Policy Objective: This rulemaking does not create or expand any
      state mandates on units of local government.

11)   Time, Place and Manner in which interested persons may comment on this proposed
      rulemaking: Written or e-mail comments may be submitted within 45 days after this
      issue of the Illinois Register to:

             Susan Meister
             Department of Legal Services
             Illinois Department of Public Health
             535 West Jefferson, Fifth Floor
             Springfield, Illinois 62761

             217/782-2043
             (E-mail: rules@idph.state.il.us)

      These rules may have an impact on small businesses. Small businesses commenting on
      these rules shall indicate their status as such, in writing, in their comments.

12)   Initial Regulatory Flexibility Analysis:

      A)     Types of small businesses, small municipalities and not for profit corporations
             affected: Community-based organizations that provide HIV antibody counseling
             and testing services.

      B)     Reporting, bookkeeping or other procedures required for compliance: There are
             none.

      C)     Types of professional skills necessary for compliance: None

13)   Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not
      included on either of the 2 most recent agendas because: it was not anticipated.
                                   ILLINOIS REGISTER                                    14529
                                                                                       05
                           DEPARTMENT OF PUBLIC HEALTH

                         NOTICE OF PROPOSED AMENDMENTS

The full text of the Proposed Amendments is identical to the text of the Emergency Amendments
that begin on page 14558.
                                    ILLINOIS REGISTER                                      14530
                                                                                         05
               DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                          NOTICE OF ADOPTED AMENDMENT

1)    Heading of the Part: Extensions of Jurisdiction

2)    Code Citation: 80 Ill. Adm. Code 305

3)    Section Number:       Adopted Action:
      305.240               New Section

4)    Statutory Authority: Implementing and authorized by Section 4b of the Personnel Code
      [20 ILCS 415/4b]

5)    Effective Date of Amendment: September 14, 2005

6)    Does this rulemaking contain an automatic repeal date? No

7)    Does this rulemaking contain incorporations by reference? No

8)    A copy of the adopted amendment, including any material incorporated by reference, is
      on file in the agency's principal office and is available for public inspection.

9)    Date Notice of Proposal was Published in the Illinois Register: April 22, 2005; 29 Ill.
      Reg. 5609

10)   Has JCAR issued a Statement of Objection to the amendment? No

11)   Differences between proposal and final version: No substantive changes were made. All
      nonsubstantive technical changes recommended by JCAR were made.

12)   Have all of the changes agreed upon by the agency and JCAR been made as indicated in
      the agreement letter issued by JCAR? Yes

13)   Will this amendment replace any emergency amendment currently in effect? No. A
      companion emergency rulemaking embracing the same subject matter (29 Ill. Reg. 5751)
      expired on September 3, 2005.

14)   Are there any amendments pending on this Part? No

15)   Summary and Purpose of Amendment: This change is a result of positions being
      included into the AFSCME bargaining unit and the agreement with AFSCME to include
      the positions under the Personnel Code.
                                    ILLINOIS REGISTER                                       14531
                                                                                          05
                DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                          NOTICE OF ADOPTED AMENDMENT

16)    Information and questions regarding this adopted amendment shall be directed to:

              Gina Wilson
              Illinois Department of Central Management Services
              720 Stratton Office Building
              Springfield IL 62706

              (217)785-1793

17)    Does this amendment require the preview of the Procurement Policy Board as specified
       in Section 5-25 of the Illinois Procurement Code [30 ILCS 50/5-25]? No

The full text of the Adopted Amendment begins on the next page:
                                    ILLINOIS REGISTER                                     14532
                                                                                        05
                DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                           NOTICE OF ADOPTED AMENDMENT

                  TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
                SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND
                           POSITION CLASSIFICATIONS
          CHAPTER I: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                                     PART 305
                             EXTENSIONS OF JURISDICTION

Section
305.50        Extends Jurisdiction A, B & C
305.60        Extends Jurisdiction A, B & C (July 1, 1970)
305.70        Extends Jurisdiction A, B & C (July 1, 1970)
305.80        Extends Jurisdiction A, B & C (August 1, 1970)
305.90        Extends Jurisdiction A, B & C (August 1, 1971)
305.100       Extends Jurisdiction A, B & C (November 16, 1971)
305.110       Extends Jurisdiction A, B & C (April 1, 1972)
305.120       Extends Jurisdiction A, B & C (May 1, 1972)
305.130       Extends Jurisdiction A & C (October 1, 1972)
305.140       Extends Jurisdiction A & C (October 1, 1972)
305.150       Extends Jurisdiction A, B and C (November 1, 1972)
305.160       Extends Jurisdiction B, Except 8b.1, 8b.3 and 8b.5 (January 1, 1973)
305.170       Extension of Jurisdiction
305.180       Termination of Extension of Jurisdiction
305.190       Extension of Jurisdiction
305.200       Third Extension of Jurisdiction to Office of the Treasurer
305.210       Extends Jurisdiction A, B and C (December 1, 1998)
305.220       Extends Jurisdiction A, B and C (December 1, 1998)
305.230       Extends Jurisdiction A, B and C (July 16, 2002)
305.240       Extends Jurisdiction A, B and C (April 7, 2005)

AUTHORITY: Implementing and authorized by Section 4b of the Personnel Code [20 ILCS
415/4b].

SOURCE: Filed May 29, 1975; emergency amendment at 2 Ill. Reg. 46, p. 3, effective January
1, 1979, for a maximum of 150 days; amended at 3 Ill. Reg. 1, p. 61, effective January 1, 1979;
codified at 7 Ill. Reg. 13214; amended at 10 Ill. Reg. 21643, effective December 15, 1986;
amended at 22 Ill. Reg. 21302, effective December 1, 1998; emergency amendment at 26 Ill.
Reg. 12060, effective July 16, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 16150,
effective October 18, 2002; emergency amendment at 29 Ill. Reg. 5751, effective April 7, 2005,
                                      ILLINOIS REGISTER                                      14533
                                                                                           05
                 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                            NOTICE OF ADOPTED AMENDMENT

for a maximum of 150 days; emergency expired September 3, 2005; amended at 29 Ill. Reg.
14530, effective September 14, 2005.

Section 305.240 Extends Jurisdiction A, B and C (April 7, 2005)

Effective April 7, 2005, Jurisdictions A, B and C of the Personnel Code [20 ILCS 415] will be
extended to all non-Code, non-supervisory positions in the Capital Development Board Office of
Legal Counsel, which includes the para-professional positions responsible for paralegal services
in the Capital Development Board, Office of Legal Counsel; Office of Information Management,
which includes the technical positions responsible for recording, filing and retrieval of
documents for design and construction projects at the Capital Development Board; Office of
Fiscal Management, which includes the para-professional positions responsible for processing
obligations, vouchers, and other administrative fiscal activities at the Capital Development
Board; Office of Fair Employment Practices, which includes the professional positions
responsible for monitoring minority and female workforce compliance activities at the Capital
Development Board; Office of Contract Administration, which includes the para-professional
positions responsible for the review and certification, but not the negotiation, of contracts under
the Illinois Procurement Code [30 ILCS 500] and procurement rules (44 Ill. Adm. Code 1) and
Capital Development Board rules (44 Ill. Adm. Code 910, 950, 980 and 1000); Construction
Administration, Division of Professional Services, which includes the para-professional positions
responsible for the administrative support services to the technical unit of the Capital
Development Board; Construction Administration, which includes para-professional positions
responsible for monitoring the flow of project documents and tracking of projects throughout
construction stage for the Capital Development Board; Office of Public Affair, which includes
the technical position responsible for the duplication and reproduction of printed material at the
Capital Development Board; Office of Art-in-Architecture, which includes the technical position
responsible for the design of Art-in-Architecture publications and administrative support to the
Art-in-Architecture Program of the Capital Development Board; Office of Quality Based
Selection, which includes para-professional positions responsible for reviewing prequalification
applications, establishing and processing prequalifications and retaining relevant prequalification
information for the project procurement process of the Capital Development Board. Employees
of these offices serving prior to April 7, 2005 will be required to qualify within 6 months in the
same kind of examination as the entrance examination for a comparable position. All
appointments in these divisions made subsequent to April 7, 2005 will be made pursuant to
provisions of the Illinois Personnel Code [20 ILCS 415] and the personnel rules (80 Ill. Adm.
Code 301-303) of the Department of Central Management Services. No provision of this Section
in any way affects the status of any employee in the Capital Development Board already holding
certified status under the Illinois Personnel Code [20 ILCS 415]. All other provisions of the
Illinois Personnel Code [20 ILCS 415] and the personnel rules (80 Ill. Adm. Code 301-303) of
                                    ILLINOIS REGISTER                                 14534
                                                                                    05
                DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                          NOTICE OF ADOPTED AMENDMENT

the Department of Central Management Services will apply to the employees of the above named
offices effective April 7, 2005.

       (Source: Added at 29 Ill. Reg. 14530, effective September 14, 2005)
                                    ILLINOIS REGISTER                                         14535
                                                                                             05
                          ILLINOIS COMMERCE COMMISSION

                          NOTICE OF ADOPTED AMENDMENT

1)    The Heading of the Part: Standards of Behavior for Commissioners and Commission
      Employees

2)    Code Citation: 83 Ill. Adm. Code 100

3)    Section Number:                              Adopted Action:
      100.20                                       Amendment

4)    Statutory Authority: Implementing Section 2-102 and authorized by Section 10-101 of
      the Public Utilities Act [220 ILCS 5/2-102]

5)    Effective Date of Amendment: October 1, 2005

6)    Does this rulemaking contain an automatic repeal date? No

7)    Does this amendment contain incorporations by reference? No

8)    A copy of the adopted amendment, including any material incorporated by reference, is
      on file in the Commission's Springfield office and is available for public inspection.

9)    Notice of Proposal Published in Illinois Register: April 29, 2005; 29 Ill. Reg. 5868

10)   Has JCAR issued a Statement of Objection to this amendment? No

11)   Differences between proposal and final version: No substantive differences

12)   Have all the changes agreed upon by the agency and JCAR been made as indicated in the
      agreement letter issued by JCAR? Yes

13)   Will this amendment replace any emergency amendment currently in effect? No

14)   Are there any amendments pending on this Part? No

15)   Summary and Purpose of Amendment: The amendment repeals 83 Ill. Adm. Code
      100.20(d). The deletion of this language reflects the statutory requirements of Section 2-
      102(b) of the Public Utilities Act that prohibit Commission personnel from accepting any
      gift or gratuity from any person or corporation subject to the supervision of the
      Commission. The amendment also corrects a typographical error in Section 100.20(a).

16)   Information and questions regarding this adopted amendment shall be directed to:
                                   ILLINOIS REGISTER               14536
                                                                  05
                          ILLINOIS COMMERCE COMMISSION

                          NOTICE OF ADOPTED AMENDMENT


              Conrad S. Rubinkowski
              Office of General Counsel
              Illinois Commerce Commission
              527 East Capitol Avenue
              Springfield IL 62701

              (217)785-3922

The full text of the Adopted Amendment begins on the next page:
                                    ILLINOIS REGISTER                                       14537
                                                                                           05
                          ILLINOIS COMMERCE COMMISSION

                          NOTICE OF ADOPTED AMENDMENT

                            TITLE 83: PUBLIC UTILITIES
                    CHAPTER I: ILLINOIS COMMERCE COMMISSION
                   SUBCHAPTER a: ADMINISTRATIVE REGULATIONS

                                   PART 100
                   STANDARDS OF BEHAVIOR FOR COMMISSIONERS
                         AND COMMISSION EMPLOYEES
                             (GENERAL ORDER 203)

Section
100.10        Authority
100.20        Maintenance of High Standards
100.30        Instances Where Restrictions Do Not Apply
100.40        Disciplinary Action

AUTHORITY: Implementing Section 2-102 and authorized by Section 10-101 of the Public
Utilities Act [220 ILCS 5/2-102].

SOURCE: Adopted June 25, 1975; codified at 8 Ill. Reg. 8893; amended at 29 Ill. Reg. 14535,
effective October 1, 2005.

Section 100.20 Maintenance of High Standards

       a)     The maintenance of unusuallyusually high standards of honesty, integrity,
              impartiality, and conduct by Illinois Commerce Commission members and
              employees is essential to assure the proper performance of the Government
              business and the maintenance of confidence by citizens in their Government. In a
              regulatory agency such as the Illinois Commerce Commission, whose actions
              affect the interest of every citizen of the state, it is particularly important that
              every employee be completely impartial, honest, and above suspicion while
              adhering strictly to the highest standard of ethical conduct in all their social,
              business, political and other off-the-job activities, relationships and interests as
              well as in their official actions. All Commission employees shall exercise their
              informed judgment to avoid situations thatwhich might result in actual or apparent
              misconduct or conflicts of interest.

       b)     A Commissioner or an employee should avoid any action thatwhich might result
              in, or create the appearance of:

              1)     Using public office for private gain;
                              ILLINOIS REGISTER                                        14538
                                                                                      05
                    ILLINOIS COMMERCE COMMISSION

                    NOTICE OF ADOPTED AMENDMENT


       2)     Giving preferential treatment to any interested party;

       3)     Impeding Government efficiency or economy;

       4)     Losing complete independence or impartiality;

       5)     Discussing impending Commission decisions outside office channels;

       6)     Affecting adversely the confidence of the public in the integrity of the
              Commission.

c)     Commissioners or employees of the Commission will not solicit nor accept any
       gift, gratuity, favor, entertainment, loan or any other thing of monetary value,
       either directly or indirectly from or on behalf of an interested party. A gift,
       gratuity, favor, entertainment, etc., includes any tangible item, intangible benefits,
       discounts, tickets, passes, transportation, and accommodations given or extended
       to or on behalf of the recipient. An "interested party" is any person, firm,
       corporation, or other entity thatwhich:

       1)     Is engaged in or is endeavoring to engage in any activity or transaction of
              any sort with the Commission;

       2)     Conducts operations or activities that are regulated by the Commission;

       3)     Has interests that may be substantially affected by the performance or
              nonperformance of the official duties of the Commissioners or employees
              of the Commission;

       4)     Is a party to any proceeding before the Commission;

       5)     Are Attorneys for and representatives of any of the foregoing.

d)     An occasional business meal which a Commissioner or an employee may be
       provided is not evidence of an unwholesome conflict of interest and is not per se a
       violation of the rule. Habitual or regular instances where a Commissioner or an
       employee does not pay his or her share may change the character of the
       relationship, however. Discretion and judgment are urged.

d)e)   Gifts, gratuities, favors, entertainment, etc., bestowed upon members of the
                             ILLINOIS REGISTER                                 14539
                                                                              05
                   ILLINOIS COMMERCE COMMISSION

                   NOTICE OF ADOPTED AMENDMENT

       immediate families of Commissioners or Commission personnel are viewed in the
       same light as those bestowed on Commissioners or Commission employees.

(Source: Amended at 29 Ill. Reg. 14535, effective October 1, 2005)
                                    ILLINOIS REGISTER                                        14540
                                                                                            05
                          ILLINOIS COMMERCE COMMISSION

                         NOTICE OF ADOPTED AMENDMENTS

1)    The Heading of the Part: Uniform System of Accounts for Telecommunications Carriers

2)    Code Citation: 83 Ill. Adm. Code 710

3)    Section Numbers:                                     Adopted Action:
      710.1                                                Amendment
      710.11                                               Amendment
      710.27                                               Amendment
      710.4340                                             Amendment
      710.5200                                             Repealed
      710.6620                                             Repealed

4)    Statutory Authority: Implementing Sections 5-102 and 5-103 and authorized by Section
      10-101 of the Public Utilities Act [220 ILCS 5/5-102, 5-103, and 10-101]

5)    Effective Date of Amendments: October 1, 2005

6)    Does this rulemaking contain an automatic repeal date? No

7)    Do these amendments contain incorporations by reference? Yes

8)    A copy of the adopted amendments, including any material incorporated by reference, is
      on file in the Commission's Springfield office and is available for public inspection.

9)    Notice of Proposal Published in Illinois Register: April 1, 2005; 29 Ill. Reg. 4563

10)   Has JCAR issued a Statement of Objection to these amendments? No

11)   Differences between proposal and final version: No substantive differences

12)   Have all the changes agreed upon by the agency and JCAR been made as indicated in the
      agreement letter issued by JCAR? Yes

13)   Will these amendments replace emergency amendments currently in effect? No

14)   Are there any amendments pending on this Part? No

15)   Summary and Purpose of Amendments:
                                    ILLINOIS REGISTER                                    14541
                                                                                        05
                          ILLINOIS COMMERCE COMMISSION

                         NOTICE OF ADOPTED AMENDMENTS

       Part 710 incorporates by reference the system of accounts of the Federal Communications
       Commission (FCC), 47 CFR 32, with certain specified exceptions. The amendments
       adopt the version of Part 32 in effect on March 2, 2005, with certain exceptions
       (deviations from Part 32). The FCC amended Part 32 by adding certain accounts back to
       Part 32, so that deviations are no longer necessary. The amendments also clarify the
       applicability of Part 710 and update a reference to an FCC Bureau.

16)    Information and questions regarding these adopted amendments shall be directed to:

              Conrad S. Rubinkowski
              Office of General Counsel
              Illinois Commerce Commission
              527 East Capitol Avenue
              Springfield, IL 62701

              (217)785-3922

The full text of the Adopted Amendments begins on the next page:
                               ILLINOIS REGISTER                                    14542
                                                                                   05
                      ILLINOIS COMMERCE COMMISSION

                     NOTICE OF ADOPTED AMENDMENTS

                       TITLE 83: PUBLIC UTILITIES
               CHAPTER I: ILLINOIS COMMERCE COMMISSION
                  SUBCHAPTER f: TELEPHONE UTILITIES

                             PART 710
    UNIFORM SYSTEM OF ACCOUNTS FOR TELECOMMUNICATIONS CARRIERS

Section
710.1     Adoption of 47 CFR 32 by Reference
710.3     Authority
710.4     Communications Act
710.11    Classification of companies
710.13    Accounts – General
710.14    Regulated accounts
710.16    Changes in accounting standards
710.17    Interpretation of accounts
710.18    Waivers
710.19    Address for reports and correspondence
710.22    Comprehensive interperiod tax allocation
710.23    Nonregulated activities
710.25    Unusual items and contingent liabilities (Repealed)
710.27    Transactions with affiliates
710.100   List of retirement units (Repealed)
710.105   Retirement units for use in conjunction with Account 2112 "Motor vehicles"
          (Repealed)
710.110   Retirement units for use in conjunction with Account 2113 "Aircraft" (Repealed)
710.115   Retirement units for use in conjunction with Account 2114 "Special purpose
          vehicles" (Repealed)
710.120   Retirement units for use in conjunction with Account 2115 "Garage work
          equipment" (Repealed)
710.125   Retirement units for use in conjunction with Account 2116 "Other work
          equipment" (Repealed)
710.130   Retirement units for use in conjunction with Account 2121 "Buildings"
          (Repealed)
710.135   Retirement units for use in conjunction with Account 2122 "Furniture"
          (Repealed)
710.140   Retirement units for use in conjunction with Account 2123.1 "Office support
          equipment" (Repealed)
710.145   Retirement units for use in conjunction with Account 2123.2 "Company
          communications equipment" (Repealed)
                                ILLINOIS REGISTER                                   14543
                                                                                   05
                      ILLINOIS COMMERCE COMMISSION

                      NOTICE OF ADOPTED AMENDMENTS

710.150    Retirement units for use in conjunction with Account 2124 "General purpose
           Computers" (Repealed)
710.155    Retirement units for use in conjunction with Account 2211 "Analog electronic
           switching" (Repealed)
710.160    Retirement units for use in conjunction with Account 2212 "Digital electronic
           switching" (Repealed)
710.165    Retirement units for use in conjunction with Account 2215 "Electro-mechanical
           switching" (Repealed)
710.170    Retirement units for use in conjunction with Account 2220 "Operator system"
           (Repealed)
710.175    Retirement units for use in conjunction with Account 2231 "Radio system"
           (Repealed)
710.180    Retirement units for use in conjunction with Account 2232 "Circuit equipment"
           (Repealed)
710.185    Retirement units for use in conjunction with Account 2321 "Customer premises
           wiring" (Repealed)
710.190    Retirement units for use in conjunction with Account 2351 "Public telephone
           terminal equipment" (Repealed)
710.200    Retirement units for use in conjunction with Account 2362 "Other terminal
           equipment" (Repealed)
710.205    Retirement units for use in conjunction with Account 2411 "Poles" (Repealed)
710.210    Retirement units for use in conjunction with Account 2421 "Aerial cable"
           (Repealed)
710.215    Retirement units for use in conjunction with Account 2422 "Underground cable"
           (Repealed)
710.220    Retirement units for use in conjunction with Account 2423 "Buried cable"
           (Repealed)
710.225    Retirement units for use in conjunction with Account 2424 "Submarine cable"
           (Repealed)
710.230    Retirement units for use in conjunction with Account 2426 "Intrabuilding
           network cable" (Repealed)
710.235    Retirement units for use in conjunction with Account 2431 "Aerial wire"
           (Repealed)
710.240    Retirement units for use in conjunction with Account 2441 "Conduit systems"
           (Repealed)
710.1120   Account 1120 Cash and equivalents
710.1160   Account 1160 Temporary investments (Repealed)
710.1170   Account 1170 Receivables
710.1171   Account 1171 Allowance for doubtful accounts
710.1180   Account 1180 Telecommunications accounts receivable (Repealed)
                                   ILLINOIS REGISTER                                    14544
                                                                                       05
                          ILLINOIS COMMERCE COMMISSION

                         NOTICE OF ADOPTED AMENDMENTS

710.1181      Account 1181 Accounts receivable allowance – Telecommunications (Repealed)
710.1190      Account 1190 Other accounts receivable (Repealed)
710.1191      Account 1191 Accounts receivable allowance – Other (Repealed)
710.1200      Account 1200 Notes receivable (Repealed)
710.1201      Account 1201 Notes receivable allowance (Repealed)
710.1401      Account 1401 Investments in affiliated companies (Repealed)
710.1410      Account 1410 Other noncurrent assets
710.1438      Account 1438 Deferred maintenance and retirements (Repealed)
710.2000      Instructions for telecommunications plant accounts
710.2002      Account 2002 Property held for future telecommunications use
710.2003      Account 2003 Telecommunications plant under construction
710.2231      Account 2231 Radio system (Repealed)
710.2232      Account 2232 Circuit equipment
710.2690      Account 2690 Intangibles
710.4000      Account 4000 Current accounts and notes payable
710.4010      Account 4010 Accounts payable (Repealed)
710.4020      Account 4020 Notes payable (Repealed)
710.4100      Account 4100 Net current deferred operating income taxes
710.4110      Account 4110 Net current deferred nonoperating income taxes
710.4340      Account 4340 Net noncurrent deferred operating income taxes
710.4350      Account 4350 Net noncurrent deferred nonoperating income taxes
710.4999      General Revenue Accounts
710.5003      Account 5003 Cellular mobile revenue
710.5082      Account 5082 Switched access revenue
710.5083      Account 5083 Special access revenue
710.5200      Account 5200 Miscellaneous revenue
710.5999      General – Expense Accounts (Repealed)
710.6620      Account 6620 Services
710.6540      Access expense
710.6720      Account 6720 General and administrative
710.7250      Account 7250 Provision for deferred operating income taxes – net
710.7400      Account 7400 Nonoperating taxes
710.7450      Account 7450 Provision for deferred nonoperating income taxes – net
710.9000      Glossary of Terms

AUTHORITY: Implementing Sections 5-102 and 5-103 and authorized by Section 10-101 of
the Public Utilities Act [220 ILCS 5/5-102, 5-103, and 10-101].

SOURCE: Adopted April 15, 1974; amended at 2 Ill. Reg. 52, p. 473, effective January 1, 1979;
codified at 7 Ill. Reg. 15949; amended at 7 Ill. Reg. 15972, effective November 18, 1983;
                                      ILLINOIS REGISTER                                       14545
                                                                                             05
                            ILLINOIS COMMERCE COMMISSION

                           NOTICE OF ADOPTED AMENDMENTS

emergency amendment at 8 Ill. Reg. 7636, effective May 17, 1984, for a maximum of 150 days;
amended at 8 Ill. Reg. 21231, effective October 15, 1984; amended at 9 Ill. Reg. 4029, effective
April 1, 1985; amended at 9 Ill. Reg. 9453, effective June 10, 1985; amended at 9 Ill. Reg.
18912, effective November 20, 1985; amended at 10 Ill. Reg. 161, effective December 23, 1985;
emergency amendment at 10 Ill. Reg. 775, effective January 1, 1986, for a maximum of 150
days; amended at 10 Ill. Reg. 10526, effective May 30, 1986; amended at 11 Ill. Reg. 9035,
effective May 1, 1987; emergency repealer and emergency rules adopted at 12 Ill. Reg. 1295,
effective January 1, 1988, for a maximum of 150 days; Part repealed, new Part adopted at 12 Ill.
Reg. 9645, effective May 25, 1988; amended at 13 Ill. Reg. 7570, effective May 15, 1989;
amended at 13 Ill. Reg. 16971, effective November 1, 1989; amended at 14 Ill. Reg. 10021,
effective June 15, 1990; amended at 15 Ill. Reg. 8205, effective June 1, 1991; amended at 27 Ill.
Reg. 13360, effective August 1, 2003; amended at 29 Ill. Reg. 14540, effective October 1, 2005.

Section 710.1 Adoption of 47 CFR 32 by Reference

The Illinois Commerce Commission ("Commission") adopts 47 CFR 32, as of March 2,
2005January 1, 2003, as its uniform system of accounts for telecommunications carriers, as
defined in Section 13-202 of the Public Utilities Act [220 ILCS 5/13-202], subject to the
exceptions set forth in this Part. No incorporation in this Part includes any later amendment or
edition.

       (Source: Amended at 29 Ill. Reg. 14540, effective October 1, 2005)

Section 710.11 Classification of companies

       a)      In Section 32.11(a), delete existing language and replace with "For purposes of
               this Section, the term "company'' or "companies'' means telecommunications
               carriers as defined in Section 13-202 of the Public Utilities Act".

       b)      In Section 32.11(e), delete "upon the submission of a written notification to the
               Commission".

       (Source: Amended at 29 Ill. Reg. 14540, effective October 1, 2005)

Section 710.27 Transactions with affiliates

       a)      In Section 32.27(a), delete "Chief, Wireline CompetitionCommon Carrier
               Bureau" and substitute "Commission" and change "(f)" to "(e)".

       b)      In Section 32.27(a), add the following language as the last sentence of the
                                     ILLINOIS REGISTER                                       14546
                                                                                            05
                           ILLINOIS COMMERCE COMMISSION

                          NOTICE OF ADOPTED AMENDMENTS

              subsection: "See also 83 Ill. Adm. Code 711.25 or 712.25."

       c)     Delete Section 32.27(f) in its entirety.

       (Source: Amended at 29 Ill. Reg. 14540, effective October 1, 2005)

Section 710.4340 Account 4340 Net noncurrent deferred operating income taxes

In Section 32.4340(e), delete "part 43" and replace with "Section 5-109" and delete "this
Commission's Rules and Regulations" and replace with "the Public Utilities Act [220 ILCS 5/5-
109]".In Section 32.4340(e), delete the second sentence.

       (Source: Amended at 29 Ill. Reg. 14540, effective October 1, 2005)

Section 710.5200 Account 5200 Miscellaneous revenue (Repealed)

In Section 32.5200(a)(1), add the following sentence:

       "Subsidiary record categories shall be maintained in order that the company may
       separately report the amounts contained herein that relate to directory revenues."

       (Source: Repealed at 29 Ill. Reg. 14540, effective October 1, 2005)

Section 710.6620 Account 6620 Services (Repealed)

       "This account number shall be used by Class A telephone companies to summarize for
       reporting purposes the contents of Accounts 6621 through 6623. Class B telephone
       companies shall use this account for expenses of the type and character required of Class
       A companies in Accounts 6621 through 6623."

       (Source: Repealed at 29 Ill. Reg. 14540, effective October 1, 2005)
                                     ILLINOIS REGISTER                                         14547
                                                                                              05
                              STATE BOARD OF EDUCATION

                         NOTICE OF EMERGENCY AMENDMENT

1)    Heading of the Part: Certification

2)    Code Citation: 23 Ill. Adm. 25

3)    Section Number:                Emergency Action:
      25.105                         New Section

4)    Statutory Authority: 105 ILCS 5/2-3.6, 14C-8, and Art. 21

5)    Effective Date of amendment: September 16, 2005

6)    If this emergency rulemaking is to expire before the end of the 150-day period, please
      specify the date on which it is to expire: Not applicable

7)    Date Filed with the Index Department: September 16, 2005

8)    A copy of the adopted rulemaking, including any material incorporated by reference, is
      on file in the agency's principal office and is available for public inspection.

9)    Reason for Emergency: In the aftermath of Hurricane Katrina, many displaced persons
      will obviously be seeking shelter and employment at some distance from their former
      places of residence, and regional superintendents here in Illinois have already begun
      receiving inquiries from such individuals regarding the ability to teach in Illinois schools.
      However, in the absence of their records from their home states, existing rules will not
      allow us to consider them eligible. A rule is needed to accommodate this situation, and it
      needs to be in effect without delay if it is to be effective in alleviating the dire straits in
      which the affected individuals find themselves.

10)   A Complete Description of the Subjects and Issues Involved: The present amendment is
      designed to provide relief to persons displaced by Hurricane Katrina who are qualified to
      serve as substitute teachers but who do not have access to documents proving their
      eligibility at this time.

      This rulemaking will offer individuals from the geographic area drastically affected by
      the hurricane a temporary permit for substitute teaching in Illinois schools, provided that
      they indicate their possession of a bachelor’s degree, which is generally the qualification
      we require. Our intention is to make this a short-term, non-renewable permit but also:

      •   to build in enough flexibility to extend it if that seems warranted after the passage of
          time; and
                                        ILLINOIS REGISTER                                      14548
                                                                                              05
                                 STATE BOARD OF EDUCATION

                            NOTICE OF EMERGENCY AMENDMENT

         •   to provide for withdrawal of the permit if an individual either misrepresents his or her
             eligibility or later disqualifies himself or herself.

      Several features of this approach will distinguish the permit from a true certificate while at
      the same time affording relief to people whose lives have been severely disrupted. There will
      be neither an application fee nor a registration fee, as would be the case for a certificate.
      Applicants will not be required to provide proof of their credentials but rather only to affirm
      possession of the bachelor’s degree. The permit will be valid only for the 2005-06 school
      year unless prevailing circumstances dictate an extension.

      It should be noted that this rule will not eliminate the requirement for a criminal background
      check as a condition for employment in Illinois schools, nor will it provide any guarantee that
      a holder of this permit will find such employment. It will, however, remove such barriers as
      are within the authority of the State Board of Education to remove.

11)      Are there any proposed amendments to this Part pending? Yes

         Section:               Action:                Illinois Register Citation:
         25.10                  Repeal                 29 Ill. Reg. 7932, June 3, 2005
         25.11                  Amendment              29 Ill. Reg. 7932, June 3, 2005
         25.15                  Repeal                 29 Ill. Reg. 7932, June 3, 2005
         25.20                  Repeal                 29 Ill. Reg. 7932, June 3, 2005
         25.22                  Repeal                 29 Ill. Reg. 7932, June 3, 2005
         25.25                  New Section            29 Ill. Reg. 7932; June 3, 2005
         25.30                  Repeal                 29 Ill. Reg. 7932, June 3, 2005
         25.32                  Repeal                 29 Ill. Reg. 7932, June 3, 2005
         25.35                  Repeal                 29 Ill. Reg. 7932, June 3, 2005
         25.40                  Repeal                 29 Ill. Reg. 7932, June 3, 2005
         25.42                  Repeal                 29 Ill. Reg. 7932, June 3, 2005
         25.80                  Repeal                 29 Ill. Reg. 7932, June 3, 2005
         25.82                  Repeal                 29 Ill. Reg. 7932, June 3, 2005
         25.85                  Amendment              29 Ill. Reg. 7932; June 3, 2005
         25.99                  Repeal                 29 Ill. Reg. 7932, June 3, 2005
         25.140                 Amendment              29 Ill. Reg. 7932, June 3, 2005
         25.210                 Repeal                 29 Ill. Reg. 7932, June 3, 2005
         25.220                 Repeal                 29 Ill. Reg. 7932, June 3, 2005
         25.230                 Repeal                 29 Ill. Reg. 7932; June 3, 2005
         25.240                 Repeal                 29 Ill. Reg. 7932, June 3, 2005
         25.252                 Amendment              29 Ill. Reg. 7932, June 3, 2005
         25.255                 New Section            29 Ill. Reg. 7932, June 3, 2005
         25.322                 Repeal                 29 Ill. Reg. 7932, June 3, 2005
                                    ILLINOIS REGISTER                                     14549
                                                                                         05
                             STATE BOARD OF EDUCATION

                        NOTICE OF EMERGENCY AMENDMENT

       25.333                Repeal                29 Ill. Reg. 7932; June 3, 2005
       25.344                Repeal                29 Ill. Reg. 7932, June 3, 2005
       25.355                Repeal                29 Ill. Reg. 7932, June 3, 2005
       25.420                Repeal                29 Ill. Reg. 7932, June 3, 2005
       25.705                Amendment             29 Ill. Reg. 7932, June 3, 2005
       25.710                Amendment             29 Ill. Reg. 7932, June 3, 2005
       25.728                Amendment             29 Ill. Reg. 7932, June 3, 2005
       25.730                Amendment             29 Ill. Reg. 7932; June 3, 2005
       25.760                Amendment             29 Ill. Reg. 7932, June 3, 2005
       25.765                Amendment             29 Ill. Reg. 7932, June 3, 2005
       25.775                Amendment             29 Ill. Reg. 7932, June 3, 2005
       25.905                Amendment             29 Ill. Reg. 7932; June 3, 2005

12)    Statement of Statewide Policy Objective: This rulemaking will not create or enlarge a
       State mandate.

13)    Information and questions regarding these amendments shall be directed to:

                     Dennis Williams, Division Administrator
                     Certification Division
                     Illinois State Board of Education
                     100 North First Street
                     Springfield, Illinois 62777

                     (217) 782-7702

The full text of the Emergency Amendment begins on the next page:
                                ILLINOIS REGISTER                                   14550
                                                                                   05
                         STATE BOARD OF EDUCATION

                    NOTICE OF EMERGENCY AMENDMENT

             TITLE 23: EDUCATION AND CULTURAL RESOURCES
                         SUBTITLE A: EDUCATION
                 CHAPTER I: STATE BOARD OF EDUCATION
                        SUBCHAPTER b: PERSONNEL

                                    PART 25
                                 CERTIFICATION

                           SUBPART A: DEFINITIONS

Section
25.10     Definition of Terms Used in This Part

                           SUBPART B: CERTIFICATES

Section
25.11     New Certificates (February 15, 2000)
25.15     Standards for Certain Certificates
25.20     Requirements for the Elementary Certificate
25.22     Requirements for the Elementary Certificate (2004)
25.30     Requirements for the Secondary Certificate
25.32     Requirements for the Secondary Certificate (2004)
25.35     Acquisition of Subsequent Certificates; Removal of Deficiencies
25.37     Acquisition of Subsequent Teaching Certificates (2004)
25.40     Requirements for the Special Certificate
25.42     Requirements for the Special Certificate (2004)
25.43     Standards for Certification of Special Education Teachers
25.45     Standards for the Standard Special Certificate – Speech and Language Impaired
25.50     General Certificate (Repealed)
25.60     State Special Certificate, Grades 11-12, For Teaching Elective Subjects
          (Repealed)
25.65     Alternative Certification
25.67     Alternative Route to Teacher Certification
25.70     State Provisional Vocational Certificate
25.75     Part-time Provisional Certificates
25.80     Requirements for the Early Childhood Certificate
25.82     Requirements for the Early Childhood Certificate (2004)
25.85     Special Provisions for Endorsement in Foreign Language for Individuals
          Currently Certified
25.86     Special Provisions for Endorsement in Foreign Language for Individuals Prepared
          as Teachers But Not Currently Certified
                                    ILLINOIS REGISTER                                     14551
                                                                                         05
                             STATE BOARD OF EDUCATION

                        NOTICE OF EMERGENCY AMENDMENT

25.90    Transitional Bilingual Certificate and Examination
25.92    Visiting International Teacher Certificate
25.95    Majors, Minors, and Separate Fields for the Illinois High School Certificate
         (Repealed)
25.99    Endorsing Teaching Certificates
25.100   Endorsing Teaching Certificates (2004)
25.105   Temporary Substitute Teaching Permit
EMERGENCY

          SUBPART C: APPROVING PROGRAMS THAT PREPARE PROFESSIONAL
                           EDUCATORS IN THE STATE OF ILLINOIS

Section
25.110        System of Approval: Levels of Approval (Repealed)
25.115        Recognition of Institutions, Accreditation of Educational Units, and Approval of
              Programs
25.120        Standards and Criteria for Institutional Recognition and Program Approval
              (Repealed)
25.125        Accreditation Review of the Educational Unit
25.127        Review of Individual Programs
25.130        Special Provisions for Institutions Subject to Conditions for Continuing
              Accreditation
25.135        Interim Provisions for Continuing Accreditation and Approval – July 1, 2000,
              through Fall Visits of 2001
25.136        Interim Provisions for Continuing Accreditation – Institutions Visited from Spring
              of 2002 through Spring of 2003
25.137        Interim Provisions for Continuing Accreditation and Approval – July 1, 1999,
              through June 30, 2000 (Repealed)
25.140        Transitional Requirements for Unit Assessment Systems
25.145        Approval of New Programs Within Recognized Institutions
25.147        Approval of Programs for Foreign Language Beginning July 1, 2003
25.150        The Periodic Review Process (Repealed)
25.155        Initial Recognition Procedures
25.160        Notification of Recommendations; Decisions by State Board of Education
25.165        Discontinuation of Programs

                      SUBPART D: SCHOOL SERVICE PERSONNEL

Section
25.200        Relationship Among Credentials in Subpart D
25.210        Requirements for the Certification of School Social Workers
                                 ILLINOIS REGISTER                      14552
                                                                       05
                          STATE BOARD OF EDUCATION

                     NOTICE OF EMERGENCY AMENDMENT

25.215    Certification of School Social Workers (2004)
25.220    Requirements for the Certification of Guidance Personnel
25.225    Certification of School Counselors (2004)
25.227    Interim Certification of School Counselor Interns (2004)
25.230    Requirements for the Certification of School Psychologists
25.235    Certification of School Psychologists (2004)
25.240    Standard for School Nurse Endorsement
25.245    Certification of School Nurses (2004)
25.252    Certification of Non-Teaching Speech-Language Pathologists

          SUBPART E: REQUIREMENTS FOR THE CERTIFICATION OF
               ADMINISTRATIVE AND SUPERVISORY STAFF

Section
25.300    Relationship Among Credentials in Subpart E
25.310    Definitions (Repealed)
25.311    Administrative Certificate (Repealed)
25.313    Alternative Route to Administrative Certification
25.315    Renewal of Administrative Certificate
25.320    Application for Approval of Program (Repealed)
25.322    General Supervisory Endorsement
25.330    Standards and Guide for Approved Programs (Repealed)
25.333    General Administrative Endorsement
25.335    General Administrative Endorsement (2004)
25.344    Chief School Business Official Endorsement
25.345    Chief School Business Official (2004)
25.355    Superintendent Endorsement
25.360    Superintendent (2004)
25.365    Director of Special Education

                       SUBPART F: GENERAL PROVISIONS

Section
25.400    Registration of Certificates; Fees
25.405    Military Service
25.410    Revoked Certificates
25.415    Credit in Junior College (Repealed)
25.420    Psychology Accepted as Professional Education
25.425    Individuals Prepared in Out-of-State Institutions
25.427    Three-Year Limitation
25.430    Institutional Approval (Repealed)
                                     ILLINOIS REGISTER                             14553
                                                                                  05
                           STATE BOARD OF EDUCATION

                      NOTICE OF EMERGENCY AMENDMENT

25.435      School Service Personnel Certificate – Waiver of Evaluations (Repealed)
25.437      Equivalency of General Education Requirements (Repealed)
25.440      Master of Arts NCATE (Repealed)
25.442      Illinois Teacher Corps Programs
25.444      Illinois Teaching Excellence Program
25.445      College Credit for High School Mathematics and Language Courses (Repealed)
25.450      Lapsed Certificates
25.455      Substitute Certificates
25.460      Provisional Special and Provisional High School Certificates (Repealed)
25.464      Short-Term Authorization for Positions Otherwise Unfilled
25.465      Credit (Repealed)
25.470      Meaning of Experience on Administrative Certificates (Repealed)
25.475      Certificates and Permits No Longer Issued (Repealed)
25.480      Credit for Certification Purposes (Repealed)
25.485      Provisional Recognition of Institutions (Repealed)
25.490      Rules for Certification of Persons Who Have Been Convicted of a Crime
25.493      Part-Time Teaching Interns
25.495      Approval of Out-of-State Institutions and Programs (Repealed)
25.497      Supervisory Endorsements

          SUBPART G: THE UTILIZATION OF PARAPROFESSIONALS AND
                     OTHER NONCERTIFIED PERSONNEL

Section
25.510      Paraprofessionals; Teacher Aides
25.520      Other Noncertificated Personnel
25.530      Specialized Instruction by Noncertificated Personnel
25.540      Approved Teacher Aide Programs
25.550      Approval of Educational Interpreters

                       SUBPART H: CLINICAL EXPERIENCES

Section
25.610      Definitions
25.620      Student Teaching
25.630      Pay for Student Teaching (Repealed)

            SUBPART I: ILLINOIS CERTIFICATION TESTING SYSTEM

Section
25.705      Purpose – Severability
                                    ILLINOIS REGISTER                                    14554
                                                                                        05
                             STATE BOARD OF EDUCATION

                        NOTICE OF EMERGENCY AMENDMENT

25.710        Definitions
25.715        Test Validation
25.717        Test Equivalence
25.720        Applicability of Testing Requirement and Scores
25.725        Applicability of Scores (Repealed)
25.728        Use of Test Results by Institutions of Higher Education
25.730        Registration
25.732        Late Registration
25.733        Emergency Registration
25.735        Frequency and Location of Examination
25.740        Accommodation of Persons with Special Needs
25.745        Special Test Dates
25.750        Conditions of Testing
25.755        Voiding of Scores
25.760        Passing Score
25.765        Individual Test Score Reports
25.770        Re-scoring
25.775        Institution Test Score Reports
25.780        Fees

          SUBPART J: RENEWAL OF STANDARD AND MASTER CERTIFICATES

Section
25.800        Professional Development Required
25.805        Continuing Professional Development Options
25.810        State Priorities
25.815        Submission and Review of the Plan (Repealed)
25.820        Review of Approved Plan (Repealed)
25.825        Progress Toward Completion (Repealed)
25.830        Application for Renewal of Certificate(s)
25.832        Validity and Renewal of Master Certificates
25.835        Review of and Recommendation Regarding Application for Renewal
25.840        Action by State Teacher Certification Board; Appeals
25.845        Responsibilities of School Districts
25.848        General Responsibilities of LPDCs
25.850        General Responsibilities of Regional Superintendents
25.855        Approval of Illinois Providers
25.860        Out-of-State Providers
25.865        Awarding of Credit for Activities with Providers
25.870        Continuing Education Units (CEUs)
25.872        Special Provisions for Interactive, Electronically Delivered Continuing
                                      ILLINOIS REGISTER                                      14555
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                               STATE BOARD OF EDUCATION

                          NOTICE OF EMERGENCY AMENDMENT

               Professional Development
25.875         Continuing Professional Development Units (CPDUs)
25.880         "Valid and Exempt" Certificates; Proportionate Reduction; Part-Time Teaching
25.885         Funding; Expenses (Repealed)

                     SUBPART K: REQUIREMENTS FOR RECEIPT OF
                       THE STANDARD TEACHING CERTIFICATE

Section
25.900         Applicability of Requirements in this Subpart
25.905         Choices Available to Holders of Initial Certificates
25.910         Requirements for Induction and Mentoring
25.915         Requirements for Coursework on the Assessment of One's Own Performance
25.920         Requirements for Coursework Related to the National Board for Professional
               Teaching Standards (NBPTS)
25.925         Requirements Related to Advanced Degrees and Related Coursework
25.930         Requirements for Continuing Professional Development Units (CPDUs)
25.935         Additional Activities for Which CPDUs May Be Earned
25.940         Examination
25.942         Requirements for Additional Options
25.945         Procedural Requirements

25.APPENDIX A         Statistical Test Equating – Certification Testing System
25.APPENDIX B         Certificates Available Effective February 15, 2000
25.APPENDIX C         Exchange of Certificates
25.APPENDIX D         Criteria for Identification of Teachers as "Highly Qualified" in Various
                      Circumstances
25.APPENDIX E         Endorsement Structure Beginning July 1, 2004

AUTHORITY: Implementing Article 21 and Section 14C-8 and authorized by Section 2-3.6 of
the School Code [105 ILCS 5/Art. 21, 14C-8, and 2-3.6].

SOURCE: Rules and Regulations to Govern the Certification of Teachers adopted September
15, 1977; amended at 4 Ill. Reg. 28, p. 336, effective July 16, 1982; amended at 7 Ill. Reg. 5429,
effective April 11, 1983; codified at 8 Ill. Reg. 1441; amended at 9 Ill. Reg. 1046, effective
January 16, 1985; amended at 10 Ill. Reg. 12578, effective July 8, 1986; amended at 10 Ill. Reg.
15044, effective August 28, 1986; amended at 11 Ill. Reg. 12670, effective July 15, 1987;
amended at 12 Ill. Reg. 3709, effective February 1, 1988; amended at 12 Ill. Reg. 16022,
effective September 23, 1988; amended at 14 Ill. Reg. 1243, effective January 8, 1990; amended
at 14 Ill. Reg. 17936, effective October 18, 1990; amended at 15 Ill. Reg. 17048, effective
November 13, 1991; amended at 16 Ill. Reg. 18789, effective November 23, 1992; amended at
                                      ILLINOIS REGISTER                                         14556
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                               STATE BOARD OF EDUCATION

                          NOTICE OF EMERGENCY AMENDMENT

19 Ill. Reg. 16826, effective December 11, 1995; amended at 21 Ill. Reg. 11536, effective
August 1, 1997; emergency amendment at 22 Ill. Reg. 5097, effective February 27, 1998, for a
maximum of 150 days; amended at 22 Ill. Reg. 11767, effective June 25, 1998; amended at 22
Ill. Reg. 19745, effective October 30, 1998; amended at 23 Ill. Reg. 2843, effective February 26,
1999; amended at 23 Ill. Reg. 7231, effective June 14, 1999; amended at 24 Ill. Reg. 7206,
effective May 1, 2000; emergency amendments at 24 Ill. Reg. 9915, effective June 21, 2000, for
a maximum of 150 days; amended at 24 Ill. Reg. 12930, effective August 14, 2000; peremptory
amendment at 24 Ill. Reg. 16109, effective October 12, 2000; peremptory amendment suspended
at 25 Ill. Reg. 3718, effective February 21, 2001; peremptory amendment repealed by joint
resolution of the General Assembly, effective May 31, 2001; emergency amendments at 25 Ill.
Reg. 9360, effective July 1, 2001, for a maximum of 150 days; emergency expired November 27,
2001; emergency amendments at 25 Ill. Reg. 11935, effective August 31, 2001, for a maximum
of 150 days; amended at 25 Ill. Reg. 16031, effective November 28, 2001; amended at 26 Ill.
Reg. 348, effective January 1, 2002; amended at 26 Ill. Reg. 11867, effective July 19, 2002;
amended at 26 Ill. Reg. 16167, effective October 21, 2002; amended at 27 Ill. Reg. 5744,
effective March 21, 2003; amended at 27 Ill. Reg. 8071, effective April 28, 2003; emergency
amendments at 27 Ill. Reg. 10482, effective June 26, 2003, for a maximum of 150 days;
amended at 27 Ill. Reg. 12523, effective July 21, 2003; amended at 27 Ill. Reg. 16412, effective
October 20, 2003; emergency amendment at 28 Ill. Reg. 2451, effective January 23, 2004, for a
maximum of 150 days; amended at 28 Ill. Reg. 8556, effective June 1, 2004; emergency
amendments at 28 Ill. Reg. 12438, effective August 20, 2004, for a maximum of 150 days;
amended at 29 Ill. Reg. 1212, effective January 4, 2005; amended at 29 Ill. Reg. 10068, effective
June 30, 2005; amended at 29 Ill. Reg. 12374, effective July 28, 2005; emergency amendment at
29 Ill. Reg. 14547, effective September 16, 2005, for a maximum of 150 days.

                                 SUBPART B: CERTIFICATES

Section 25.105 Temporary Substitute Teaching Permit
EMERGENCY

An individual who holds a bachelor's degree and who resided in Louisiana, Mississippi, or
Alabama but was displaced by the effects of Hurricane Katrina, or an individual from another
state contiguous to the Gulf of Mexico whose displacement is demonstrably due to Hurricane
Katrina, shall be eligible for an Illinois temporary substitute teaching permit as provided in this
Section.

       a)      In recognition of the unavailability of written or electronic records in this
               situation, the State Board of Education shall require an individual seeking a
               permit under this Section only to:
                              ILLINOIS REGISTER                                        14557
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                       STATE BOARD OF EDUCATION

                  NOTICE OF EMERGENCY AMENDMENT

       1)     supply one form of personal identification, which may include not only a
              passport, driver's license, or other government-issued document but also a
              credit card, a bill, or any other piece of correspondence showing the
              individual's name;

       2)     provide a notarized written affirmation that he or she has received a
              bachelor's degree from a regionally accredited institution of higher
              education; and

       3)     identify the institution and the year when the degree was issued.

b)     No application fee shall be charged for a temporary substitute teaching permit,
       and no registration fee shall apply to its use.

c)     A permit issued under this Section shall be valid for teaching in all grades of the
       common schools and shall be subject to the limitations set forth in Section 21-9 of
       the School Code [105 ILCS 5/21-9].

d)     A permit issued under this Section shall be valid through June 30, 2006, and shall
       be renewable for subsequent six-month periods only if the State Superintendent of
       Education determines that conditions in the permit-holder's home state continue to
       be such that the individual cannot reasonably be expected to supply records
       substantiating the field of his or her certification in that state so that a
       corresponding Illinois provisional certificate or a substitute teaching certificate
       can be issued.

e)     A temporary substitute teaching permit may be rescinded at any time if the State
       Superintendent of Education determines, in his sole discretion, that the individual
       has misrepresented his or her eligibility under this Section or that other sufficient
       cause exists.

f)     Employment of an individual holding a temporary substitute teaching permit shall
       be subject to the requirements of Section 10-21.9 of the School Code [105 ILCS
       5/10-21.9].

(Source: Added by emergency rulemaking at 29 Ill. Reg. 14547, effective September 16,
2005 for a maximum of 150 days)
                                     ILLINOIS REGISTER                                         14558
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                           DEPARTMENT OF PUBLIC HEALTH

                       NOTICE OF EMERGENCY AMENDMENTS

1)   Heading of the Part: HIV/AIDS Confidentiality and Testing Code

2)   Code Citation: 77 Ill. Adm. Code 697

3)   Section Numbers:                Proposed Action:
     697.20                          Amendment
     697.100                         Amendment
     697.140                         Amendment
     397.300                         Amendment
     APPENDIX A                      Amendment
     APPENDIX C                      New Section

4)   Statutory Authority: AIDS Confidentiality Act [410 ILCS 305]; AIDS Registry Act [410
     ILCS 310]; Communicable Disease Prevention Act [410 ILCS 315]; and Sections 55,
     55.11, 55.41 and 55.45 of the Civil Administrative Code of Illinois [20 ILCS 2310/55,
     55.11, 55.41 and 55.45]

5)   Effective Date of Amendments: September 14, 2005

6)   If this emergency amendment is to expire before the end of the 150-day period, please
     specify the date on which it is to expire: The Department plans to adopt the companion
     proposed rulemaking before this rulemaking's expiration date.

7)   Date filed with the Index Department: September 14, 2005

8)   A copy of the emergency amendments, including any material incorporated by reference,
     is on file and available for public inspection at the Illinois Department of Public Health,
     525 W. Jefferson Street, Springfield, Illinois 62761-0001.

9)   Reason for Emergency: On October 8, 2004, the Department adopted amendments to
     this Part that allowed implementation of HIV/AIDS rapid testing in accordance with
     Section 5.5 of the AIDS Confidentiality Act. The Food and Drug Administration (FDA)
     had approved rapid HIV antibody tests, but the Department’s rules prior to October 8,
     2004, referenced older approved tests. Those tests, such as a blood test, require
     laboratory procedures that typically take several days for completion prior to disclosure
     of the test results to the patient. The use of the rapid test allows for a preliminary result in
     less than one hour. The amendments in 2004 added references to guidelines published by
     the U.S. Food and Drug Administration and the U.S. Public Health Service related to the
     administration of HIV rapid testing; updated the list of approved tests to conform to
     currently recommended practices; and added provisions for rapid testing in labor and
                                     ILLINOIS REGISTER                                         14559
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                            DEPARTMENT OF PUBLIC HEALTH

                        NOTICE OF EMERGENCY AMENDMENTS

      delivery and occupational exposure settings, as recommended by the U.S. Centers for
      Disease Control and Prevention. However, those rules did not authorize disclosure of
      preliminary HIV rapid test results except in labor and delivery and occupational exposure
      settings. In all other circumstances, the HIV test result could not be shared with the
      patient until the health care professional conducted and received the results of a
      confirmatory test.

      The October 8, 2004, amendments also did not include counseling and testing protocols
      for rapid HIV tests. Health care facilities and providers expressed concerns about
      utilizing the rapid HIV test in health care settings without regulatory guidance. Upon
      becoming aware of the desire to use the rapid test in circumstances outside the perinatal
      and occupational exposure settings, the Department wanted to provide immediate
      regulatory guidance.

      The HIV/AIDS infection rate is growing in Illinois and is growing disproportionately in
      the minority population. This rulemaking provides another tool to healthcare providers
      that will quickly and effectively provide HIV-related test results. Further delay in
      implementing rapid testing threatens the health, safety and welfare of the large
      populations of individuals in the state of Illinois who are potentially at risk of infection or
      who need treatment. Preliminary results will guide potentially lifesaving therapeutic
      decisions in the management of critically ill patients. Sometimes high-risk patients tested
      in outpatient settings using conventional HIV tests do not return to receive their test
      results. Rapid HIV testing improves the rate at which patients return for definitive test
      results and, therefore, increases the number of patients who are aware of their HIV status,
      resulting in more patients receiving effective care and treatment for HIV infection.

      Proceeding with this rule on an emergency basis allows the rapid test to be used
      immediately. In addition, adoption of emergency rules will immediately clarify to
      hospitals that they have the ability to disclose preliminary results without violating the
      non-disclosure provisions of the AIDS Confidentiality Act and the HIV/AIDS
      Confidentiality and Testing Code.

10)   A Complete Description of the Subjects and Issues Involved: The HIV/AIDS
      Confidentiality and Testing Code currently prohibits the release of screening test results
      for HIV infection prior to confirmation with a Western blot test or other confirmatory
      test. In recent years, two enzyme immune assay (EIA) (screening) tests that can provide
      a preliminary result within a few hours have been approved by the federal Food and Drug
      Administration. The Public Health Service (PHS) has issued guidelines recommending
      the administration of anti-retroviral treatment during pregnancy, or at a minimum during
      labor and delivery, to prevent perinatal transmission of HIV from infected mother to
                                     ILLINOIS REGISTER                                       14560
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                            DEPARTMENT OF PUBLIC HEALTH

                        NOTICE OF EMERGENCY AMENDMENTS

       child. The U.S. Centers for Disease Control and Prevention (CDC) has also issued
       guidelines recommending that prophylactic anti-retroviral treatment be administered as
       soon as possible following occupational exposure to HIV. The use of a rapid HIV test
       and release of preliminary results to facilitate medical intervention to prevent further
       transmission of HIV would be consistent with these guidelines. This rulemaking will
       permit the release of preliminary results in these situations following appropriate patient
       pre-test counseling that includes discussion of the possibility and probability of a false
       positive test result. Changes to Section 697.20 (Definitions) are made to avoid possible
       misunderstandings in interpretation of this guidance by adding definitions for “screening
       test” and “supplemental test”. Changes to Section 697.100 will allow for the use of any
       U.S. Food and Drug Administration (FDA) approved HIV tests for the detection of HIV
       infection rather than specifically named tests. Provisions for the release of preliminary
       rapid HIV test results to physicians and individuals receiving HIV tests are added.
       Testing procedures are clarified and expanded. Provisions for counseling are added.
       Changes to Sections 697.140 and 697.300 further clarify the provision for release of HIV
       test results. Changes to Appendix A update the informed consent to include the revised
       testing procedures. A new Appendix C sets forth consent for rapid HIV testing.

11)    Are there any proposed amendments to this Part pending? No

12)    Statement of Statewide Policy Objectives: This rulemaking will not create or increase
       expenditures by units of local government.

13)    Information and questions regarding these amendments shall be directed to:

       Name:          Susan Meister, IDPH Rules Coordinator
       Address:       535 W. Jefferson Street
       Springfield, IL 62761-0001

       Telephone:     217-782-2043
       e-mail:        rules@idph.state.il.us

The full text of the Emergency Amendments begins on the next page:
                                  ILLINOIS REGISTER                          14561
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                          DEPARTMENT OF PUBLIC HEALTH

                       NOTICE OF EMERGENCY AMENDMENTS

                      TITLE 77: PUBLIC HEALTH
              CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
  SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS

                                  PART 697
                 HIV/AIDS CONFIDENTIALITY AND TESTING CODE

                         SUBPART A: GENERAL PROVISIONS

Section
697.10   Applicability
697.20   Definitions
EMERGENCY
697.30   Incorporated Materials
697.40   Administrative Hearings

                              SUBPART B: HIV TESTING

Section
697.100  Approved HIV Tests and Testing Procedures
EMERGENCY
697.110  HIV Pre-Test Information
697.120  Written Informed Consent
697.130  Anonymous Testing
697.140  Nondisclosure of the Identity of a Person Tested or Test Results
EMERGENCY
697.150  Marriage License Testing Requirements (Repealed)
697.160  HIV Testing for Insurance Purposes
697.170  Enforcement of the AIDS Confidentiality Act
697.180  HIV Testing for Blood and Human Tissue Donations

                      SUBPART C: HIV/AIDS REGISTRY SYSTEM

Section
697.200      HIV/AIDS Registry System
697.210      Reporting Requirements
697.220      Release of HIV/AIDS Registry Information

              SUBPART D: HIV COUNSELING AND TESTING CENTERS
                                    ILLINOIS REGISTER                                    14562
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                             DEPARTMENT OF PUBLIC HEALTH

                        NOTICE OF EMERGENCY AMENDMENTS

Section
697.300  HIV Counseling and Testing Centers
EMERGENCY

                      SUBPART E: MISCELLANEOUS PROVISIONS

Section
697.400       Notification of School Principals
697.410       Guidelines for the Management of Chronic Infectious Diseases in School
              Children
697.420       Testing, Treatment or Counseling of Minors

697.APPENDIX A Sample HIV Testing Forms
      697.ILLUSTRATION A      Sample Written Informed Consent for HIV Antibody
                              TestingForm
      EMERGENCY
      697.ILLUSTRATION B      Sample Marriage License Testing Certificate (Repealed)
697.APPENDIX B Statutory and Regulatory References to AIDS (Repealed)
697.APPENDIX C Sample Written Informed Consent for Rapid HIV Antibody Testing
EMERGENCY

AUTHORITY: Implementing and authorized by the AIDS Confidentiality Act [410 ILCS 305];
the AIDS Registry Act [410 ILCS 310]; the Communicable Disease Prevention Act [410 ILCS
315]; the Perinatal HIV Prevention Act [410 ILCS 335]; and Sections 2310-10, 2310-315, 2310-
325, and 2310-580 of the Civil Administrative Code of Illinois [20 ILCS 2310/2310-10, 2310-
315, 2310-325 and 2310-580].

SOURCE: Emergency rules adopted at 12 Ill. Reg. 1601, effective January 1, 1988, for a
maximum of 150 days; adopted at 12 Ill. Reg. 9952, effective May 27, 1988; amended at 13 Ill.
Reg. 11544, effective July 1, 1989; amended at 15 Ill. Reg. 11646, effective August 15, 1991;
emergency amendment at 17 Ill. Reg. 1204, effective January 7, 1993, for a maximum of 150
days; emergency expired on June 7, 1993; amended at 17 Ill. Reg. 15899, effective September
20, 1993; amended at 19 Ill. Reg. 1117, effective January 20, 1995; amended at 22 Ill. Reg.
21994, effective December 9, 1998; amended at 28 Ill. Reg. 13905, effective October 8, 2004;
emergency amendment at 29 Ill. Reg. 14558, effective September 14, 2005, for a maximum of
150 days.

                          SUBPART A: GENERAL PROVISIONS

Section 697.20 Definitions
                                      ILLINOIS REGISTER                                      14563
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                             DEPARTMENT OF PUBLIC HEALTH

                         NOTICE OF EMERGENCY AMENDMENTS

EMERGENCY

The following are definitions of terms used in this Part:

               "Act" or "AIDS Confidentiality Act" means the AIDS Confidentiality Act [410
               ILCS 305].

               "AIDS" means acquired immunodeficiency syndrome, as defined by the Centers
               for Disease Control or the National Institutes of Health. (Section 3(a) of the
               AIDS Registry Act) Similar definitions appear in the Act. Current definition can
               be found in 1993 Revised Classification System for HIV Infection and Expanded
               Surveillance Case Definition for AIDS Among Adolescents and Adults, Centers
               for Disease Control and Prevention (CDC). Morbidity and Mortality Weekly
               Report (MMWR), December 18, 1992; vol. 41, no. RR-17; and in 1994 Revised
               Classification System for HIV Infection for Children Less Than 13 Years of Age.
               Morbidity and Mortality Weekly Report (MMWR), vol. 43 RR-12.

               "AIDS Registry Act" means the AIDS Registry Act [410 ILCS 310].

               "Blood Bank" means any facility or location at which blood or plasma isare
               procured, furnished, donated, processed, stored or distributed.

               "Department" means the Illinois Department of Public Health. (Section 3(a) of
               the AIDS Confidentiality Act)

               "Designated Agency" means a health care organization under a service agreement
               with the Department to function in the capacity of a Local Health Authority for
               the purposes of this Part, in a jurisdiction not covered by a Local Health
               Authority.

               "Health Care Provider" means any physician, nurse, paramedic, psychologist or
               other person providing medical, nursing, psychological, or other health care
               services of any kind. (Section 3(f) of the AIDS Confidentiality Act)

               "Health Facility" means a hospital, nursing home, blood bank, blood center,
               sperm bank, or other health care institution, including any "Health Facility" as
               that term is defined in the Illinois FinanceHealth Facilities Authority Act [20
               ILCS 3501]. (Section 3(e) of the AIDS Confidentiality Act)

               "HIV" means the human immunodeficiency virus. (Section 3(c) of the AIDS
                       ILLINOIS REGISTER                                        14564
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             DEPARTMENT OF PUBLIC HEALTH

          NOTICE OF EMERGENCY AMENDMENTS

Confidentiality Act)

"HIV Infection" or "Mortality" means infected with HIV, as evidenced by a
confirmed laboratory test for antibodies to HIV as specified in Section 697.100,
viral culture or positive antigen test or a clinical diagnosis of AIDS.

"Laboratory" means any facility or location, other than blood banks, at which tests
are performed to determine the presence of antibodies to HIV, other than blood
banks.

"Legally Authorized Representative" means an individual who is authorized to
consent to HIV testing and/or disclosure of HIV test results for an individual who
is:

       Under the age of 12,

       Deceased,

       Declared incompetent by a court of law, or

       Otherwise not competent to consent (for reasons other than age, such as
       the apparent inability to understand or communicate with the health care
       provider) as determined by the health care provider seeking such consent.

       The following individuals shall be authorized to consent, in the stated
       order of priority:

               For a living or deceased child under the age of 18:

                       Parent, except as limited by the AIDS Confidentiality Act
                       [410 ILCS 305/9(k)] providing limitations on the ability of
                       a parent or legal guardian to receive the child's test results,
                       and the Consent by Minors to Medical Procedures Act [410
                       ILCS 210/4 and 5] regarding release of test results
                       involving a sexually transmitted disease,

                       Legallegal guardian or other court-appointed personal
                       representative,

                       Adult next-of-kin.
                       ILLINOIS REGISTER                                       14565
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             DEPARTMENT OF PUBLIC HEALTH

          NOTICE OF EMERGENCY AMENDMENTS


               For a living or deceased adult age 18 or over:

                       Agent authorized by durable power of attorney for health
                       care,

                       Legal guardian or other court-appointed personal
                       representative,

                       Spouse,

                       Adult children,

                       Parent,

                       Adult next-of-kin.

"Local Health Authority" means"Local Health Authority" means the full-time
official health departmentDepartment or board of healthBoard of Health, having
jurisdiction over a particular area. (Section 3(2) of the Illinois Sexually
Transmissible Disease Control Act [410 ILCS 325])

"Person" includes any natural person, partnership, association, joint venture,
trust, governmental entity, public or private corporation, health facility or other
legal entity. (Section 3(h) of the AIDS Confidentiality Act)

"Physician" means a physician licensed to practice medicine under the Medical
Practice Act of 1987 [225 ILCS 60].

"Rapid HIV Antibody Test" means a federal Food and Drug Administrationan
(FDA) approved screening test to detect antibodies to HIV that can be collected
and processed within a short interval of time (under 60 minutes).

"Screening Test" is any test for antibody or antigen to HIV virus approved by the
FDA for use as a screening or diagnostic test.

"Supplemental Test" is any test for antibody or antigen to HIV virus approved by
the FDA for use as a supplemental or confirmatory test.

"Test" or "HIV Test" means a test to determine the presence of the antibody or
                                    ILLINOIS REGISTER                                         14566
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                          DEPARTMENT OF PUBLIC HEALTH

                       NOTICE OF EMERGENCY AMENDMENTS

             antigen to HIV, or of HIV infection. (Section 3(g) of the AIDS Confidentiality
             Act)

             "Written Informed Consent" means an agreement in writing executed by the
             subject of a test or the subject's legally authorized representative without undue
             inducement such as any element of force, fraud, deceit, duress or other form of
             constraint or coercion (See Appendix A, Illustration A), which entails at least the
             following:

                    A fair explanation of the test, including its purpose, potential uses,
                    limitations and the meaning of its results; and

                    A fair explanation of the procedures to be followed, including the
                    voluntary nature of the test, the right to withdraw consent to the testing
                    process at any time prior to the completion of the laboratory tests, the
                    right to anonymity to the extent provided by law with respect to
                    participation in the test and disclosure of test results, and the right to
                    confidential treatment of information identifying the subject of the test and
                    the results of the test, to the extent provided by law. (Section 3(d) of the
                    AIDS Confidentiality Act)

      (Source: Amended by emergency rulemaking at 29 Ill. Reg. 14558, effective September
      14, 2005, for a maximum of 150 days)

                               SUBPART B: HIV TESTING

Section 697.100 Approved HIV Tests and Testing Procedures
EMERGENCY

      a)     Any person, laboratory, blood bank, hospital or other entity that conducts
             laboratory tests to detect the evidence of infection with HIV shall use tests
             approved by the FDA.United States Food and Drug Administration. The
             following tests are currently approved for such purpose:

             1)     Enzyme-linked Immunosorbent Assay (ELISA);

             2)     Rapid HIV antibody test;

             3)     Western blot assay;
                            ILLINOIS REGISTER                                        14567
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                  DEPARTMENT OF PUBLIC HEALTH

               NOTICE OF EMERGENCY AMENDMENTS

     4)     Indirect fluorescent antibody test (IFA);

     5)     Radioimmune precipitation assay (RIPA);

     6)     Nucleic acid test.

b)   Testing for the presence of antibodies to the HIV virus shall consist of the
     following:

     1)     Every sample shall be tested with an approved screening test. If the test is
            found to be reactive (according to the package insert or – product
            circular), then a second screening test, in duplicate, shall bemust be
            conducted, except as stated in subsection (b)(2). If the second screening
            test is also found to be reactive, then a supplementalconfirmatory test must
            be conducted. If the supplemental test is found to be reactive (according
            to the package insert or product circular), then the sample shall be
            considered to indicate the presence of antibodies to HIV or to be positive.

     2)     Every sample tested with an approved HIV rapid antibody test that is
            found to be indisputably reactive (according to the package insert or
            product circular) will be considered preliminary positive. At the time of
            the reactive rapid test result, a second sample shall be obtained and tested
            and, if found to be reactive, subjected to the protocol outlined in
            subsection (b)(1).Every sample found to be repeatedly reactive using an
            approved screening test shall be tested using a confirmatory test. If the
            sample is found to be positive according to the package insert (product
            circular) using the Western blot assay, or reactive according to the
            manufacturer's recommendations using the IFA test, then the sample shall
            be considered to indicate the presence of antibodies to the HIV or to be
            positive.

     3)     IfIn the event the supplementalconfirmatory test is found to be
            indeterminate, then the specimen should be tested with another
            supplementalconfirmatory test. If the sample is found to be
            reactivepositive, according to the package insert, (product circular) or
            manufacturer's recommendations for that test, then the sample shall be
            considered to indicate the presence of antibodies to HIV or to be positive.

     4)     All phases of testing required by this Section shall be completed before
            HIV test results are released to the physician or other individuals
                    ILLINOIS REGISTER                                        14568
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            DEPARTMENT OF PUBLIC HEALTH

          NOTICE OF EMERGENCY AMENDMENTS

     authorized to receive the results as described and limited in Section
     697.140, except that, as allowed under subsection (b)(6), reactive results
     from rapid HIV antibody tests may be released to individuals authorized to
     receive the results under the following circumstances:when immediate
     medical treatment is necessary to prevent further transmission of HIV as
     follows:

     A)      when immediate medical treatment is necessary to prevent further
             transmission of HIV to a newborn infant in labor, and delivery and
             postpartum settings. For the purposes of this subsection (b)(4),
             immediate medical treatment, for a newborn infant, means upon
             delivery or within 48 hours after the infant's birth. (Section 10 of
             the Perinatal HIV Prevention Act [410 ILCS 335]) Treatment shall
             be conducted, as provided by the guidelines of the U.S. Public
             Health Service for reducing perinatal HIV transmission in the
             United States (see Section 697.30);, or

     B)      in instances of occupational exposure, as provided by Section
             697.140(a)(8) and (9); or.

     C)      at the time of testing, or immediately thereafter, provided that the
             subject of the test or the subject's legally authorized representative
             has received counseling that includes the limitations of the test and
             the need for supplemental testing, as well as appropriate risk
             reduction measures and referrals, and that the individual has
             consented to a rapid HIV antibody test and to the receipt of
             preliminary result.

5)   Before testing is conducted under subsection (b)(4)(A), or (B) or (C), the
     test subject of the test or the subject's legally authorized representative
     shall have been counseled and shall have provided specific written
     informed consent to be tested and to receive a preliminary test result in
     accordance with Sections 697.110 and 697.120, except in the case of a
     newborn infant as provided in the Perinatal HIV Prevention Act.

6)   In such cases as the exceptions described in subsections (b)(4)(A), and (B)
     or (C), a preliminary (unconfirmed) test result may be released to persons
     specified in Section 697.140(a)(1), (2), (3), (8), or (9).

7)   Any release of preliminary reactive results from rapid HIV antibody tests
                                     ILLINOIS REGISTER                                        14569
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                           DEPARTMENT OF PUBLIC HEALTH

                        NOTICE OF EMERGENCY AMENDMENTS

                     shall include a disclaimer that an HIV positive diagnosis has not been
                     made and cannot be made without supplemental testing.

             8)      Any subject or subject's legally authorized representative receiving test
                     results will receive counseling that includes the limitations of the test,
                     appropriate risk reduction measures, appropriate referrals, and, if the test
                     result is reactive, information on partner notification programs prior to
                     being informed of the results.

       (Source: Amended by emergency rulemaking at 29 Ill. Reg. 14558, effective September
       14, 2005, for a maximum of 150 days)

Section 697.140 Nondisclosure of the Identity of a Person Tested or Test Results
EMERGENCY

       a)     No person may disclose or be compelled to disclose the identity of any person
              upon whom a test is performed, or the results of such a test in a manner which
              permits identification of the subject of the test, except to the following persons
              (Section 9 of the AIDS Confidentiality Act):

              1)     The subject of the test or the subject's legally authorized representative
                     (Section 9(a) of the AIDS Confidentiality Act).

              2)     Any person designated in a legally effective release of the test results
                     executed by the subject of the test or the subject's legally authorized
                     representative. (Section 9(b) of the AIDS Confidentiality Act) A legally
                     effective release means a written release of medical information specific to
                     HIV test results signed by the test subject. A general release is not
                     sufficient. A single form may be used to authorize the release of medical
                     records including HIV information provided such form specifically
                     authorizes the release of any HIV information. Any such release, under
                     this subsection (a)(2), for HIV information must not reveal whether or not
                     the information exists.

              3)     An authorized agent or employee of a health facility or health care
                     provider or referring, treating or consulting physician, dentist, or podiatrist
                     of the test subject, if:

                     A)      The health facility or health care provider itself is authorized to
                             obtain the test results (Health facility or health care
                    ILLINOIS REGISTER                                         14570
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            DEPARTMENT OF PUBLIC HEALTH

          NOTICE OF EMERGENCY AMENDMENTS

             providerFacility or Health Care Provider, for the purposes of this
             subsection (a)(3)(A), includesinclude the medical records or
             similar personnel who handle and process medical records for that
             health facility or health care provider.);,

     B)      The agent or employee or referring, treating or consulting
             physician, dentist, or podiatrist of the test subject provides patient
             care or handles or processes specimens of body fluids or tissues;,
             and

     C)      The agent or employee or referring, treating or consulting
             physician of the test subject has a need to know such information.
             (Section 9(c) of the AIDS Confidentiality Act) An authorized
             agent or employee of a health facility or health care provider or
             referring, treating or consulting physician, dentist, or podiatrist has
             a need to know the identity of the patient or the test results
             revealing the identity of the patient under the following
             circumstances:

             i)     When involved in direct patient care or handling or
                    processing blood or bodily fluids for which this information
                    is necessary in order to meet the medical needs of the
                    patient, as certified by a physician, dentist, or podiatrist;, or

             ii)    When involved in an accidental direct skin or mucous
                    membrane contact with the blood or bodily fluids of a
                    patient thatwhich is of a nature likely to transmit HIV, such
                    as needle stick or percutaneous exposure, as certified by a
                    physician, dentist, or podiatrist.

4)   The Department or the local health authorityLocal Health Authority, in
     accordance with rules for reporting and controlling the spread of disease,
     or as otherwise provided by State law. (See 77 Ill. Adm. Code 690, 693,
     250, 300, 330, 350, 370, 390, and 840.). Neither the Department nor its
     authorized representatives shall disclose information and records held by
     them relating to known or suspected cases of AIDS or HIV infection,
     publicly or in any action of any kind in any court or before any tribunal,
     board or agency. AIDS and HIV Infection shall be protected from
     disclosure in accordance with the provisions of Sections 8-2101 through
     8-2105 of the Code of Civil Procedure. (Section 9(d) of the AIDS
                             ILLINOIS REGISTER                                       14571
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                    DEPARTMENT OF PUBLIC HEALTH

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             Confidentiality Act)

      5)     A health facility or health care provider which procures, processes,
             distributes or uses:

             A)      A human body part from a deceased person with respect to
                     medical information regarding the person; or

             B)      Semen provided prior to September 21, 1987, for the purpose of
                     artificial insemination. (Section 9(e) of the AIDS Confidentiality
                     Act);

      6)     Health facility staff committees for the purpose of conducting program
             monitoring, program evaluation or service reviews. (Section 9(f) of the
             AIDS Confidentiality Act);

      7)     A school principal in accordance with the provisions of Section 697.400 of
             this Part.

      8)     Any health care provider or employee of a health facility, and any
             firefighter or any EMT-A, EMT-I, EMT-P involved in an accidental direct
             skin or mucous membrane contact with the blood or bodily fluids of an
             individual which is of a nature that may transmit HIV, as determined by a
             physician in his medical judgment. (Section 9(h) of the AIDS
             Confidentiality Act)

      9)     Any law enforcement officer, as defined in subsection (c) of Section 7 of
             the Act, involved in the line of duty in a direct skin or mucous membrane
             contact with the blood or bodily fluids of an individual which is of a
             nature that may transmit HIV, as determined by a physician in his medical
             judgment. (Section 9(i) of the AIDS Confidentiality Act)

     10)     A temporary caretaker of a child taken into temporary protective custody
             by the Department of Children and Family Services pursuant to Section 5
             of the Abused and Neglected Child Reporting Act, as now or hereafter
             amended. (Section 9(j) of the AIDS Confidentiality Act)

b)    HIV test results may be disclosed to health care providers and researchers when
      done in a manner thatwhich does not reveal the identity of the subject of the test.
      Any test results thatwhich cannot be revealed without identifying the subject of
                             ILLINOIS REGISTER                                         14572
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                    DEPARTMENT OF PUBLIC HEALTH

                NOTICE OF EMERGENCY AMENDMENTS

      the test shall only be disclosed only in accordance with the provisions of
      subsection (a) specified above. The Department shall disclose test results and
      demographic data without identifying information to researchers, in accordance
      with Section 697.220.

c)    No person may disclose unconfirmed reactive results from rapid HIV antibody
      tests in a manner that permits the identification of the subject of the test, except in
      accordance with Section 697.100(b)(4).

dc)   The written informed consent form and HIV test results may be maintained,
      documented, and transmitted in a confidential manner in a computerized medical
      record system, medical record and/or confidential fax thatwhich allows disclosure
      only to persons authorized to receive the information under the provisions of
      subsection (a) specified above.

      1)     The written informed consent form and HIV test results may be
             maintained in a patient's medical record provided these materials are
             maintained in such a manner that does not permit disclosure to persons
             who may review the patient's medical record, but are not authorized to
             receive this information.

      2)     Any procedure utilized to maintain this information in a patient's medical
             record must be uniform and consistent for all patient records, in order to
             prevent revealing the existence or contents of this information. A
             procedure is uniform if medical records containing written informed
             consent forms and HIV test results cannot be distinguished from medical
             records which do not contain such information, unless the medical record
             is accessed and read. An example of such a procedure is one which
             establishes a segregated or separate confidential sealed portion of the
             medical record in every patient record with access restricted to persons
             authorized to receive the contents.

ed)   Liability and Sanctions

      1)     Nothing in the is this Act or this Part shall be construed to impose civil
             liability or criminal sanction for disclosure of a test result in accordance
             with any reporting requirement of the Department for a diagnosed case of
             HIV infection, AIDS or a related condition. (Section 15 of the AIDSAids
             Confidentiality Act)
                                   ILLINOIS REGISTER                                      14573
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                          DEPARTMENT OF PUBLIC HEALTH

                      NOTICE OF EMERGENCY AMENDMENTS

             2)     Nothing in thethis Act or this Part shall be construed to impose civil or
                    criminal sanction for performing a test without written informed consent
                    pursuant to the provisions of subsection (b) or (c) of Section 7 of the AIDS
                    Confidentiality Act. (Section 15 of the AIDS Confidentiality Act)

             3)     The intentional or reckless violation of the AIDS Confidentiality Act or
                    any regulation issued under that Act shall constitute a Class AB
                    misdemeanor. (Section 12 of the AIDS Confidentiality Act)

      fe)    Sections 697.110, 697.120, 697.130 and 697.140 shall not apply to eligibility and
             coverage requirements established by a health maintenance organization nor to
             any insurance company, fraternal benefit society, or other insurer regulated
             under the Illinois Insurance Code. (Section 15.1 of the AIDS Confidentiality Act)

      (Source: Amended by emergency rulemaking at 29 Ill. Reg. 14558, effective September
      14, 2005, for a maximum of 150 days)

              SUBPART D: HIV COUNSELING AND TESTING CENTERS

Section 697.300 HIV Counseling and Testing Centers
EMERGENCY

      a)     The Department shall establish alternative blood and HIV test services, known as
             "HIV Counseling and Testing Centers". (Section 2310-315 of the Civil
             Administrative Code of Illinois) TheseSuch facilities shall be operated by the
             Department or Designated Agencies. These facilities shall provide services in
             accordance with the provisions of this Part and the applicable provisions of the
             Sexually Transmissible Diseases Code (77 Ill. Adm. Code 693, specifically
             Sections 693.40, 693.70, 693.80, 693.90, 693.100, 693.120, 693.130 and
             693.140.)

             1)     These facilities shall not be operated by blood banks, plasma centers or
                    hospitals. (Section 2310-315 55.41 of the Civil Administrative Code of
                    Illinois)

             2)     Physicians and other health care providers may refer HIV-infected persons
                    to these facilities for counseling.

             3)     Any person twelve years of age or older may consent to testing and
                    counseling at an HIV Counseling and Testing Center.
                            ILLINOIS REGISTER                                       14574
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                  DEPARTMENT OF PUBLIC HEALTH

               NOTICE OF EMERGENCY AMENDMENTS


b)   No person may be subjected to an HIV antibody test at HIV Counseling and
     Testing Centers, unless written informed consent is first obtained from the test
     subject or the test subject's legally authorized representative. (See Appendix A,
     Illustration A for a Sample Written Informed Consent Form.)

c)   All persons seeking counseling and testing at ana HIV Counseling and Testing
     Center shall be offered the option of confidential orremain anonymous services
     and shall provide written informed consent using a coded system. All patient
     records shall be maintained using this code system.

d)   The HIV Counseling and Testing Centers shall provide counseling to the test
     subject prior to performing the test. TheSuch counseling shall include, but not
     necessarily be limited to, information about:

     1)     information about the natural history of HIV infection and HIV
            transmission;

     2)     the difference between confidential and anonymous HIV counseling and
            testing; information about the meaning of the test and test results,; such as
            the purpose, potential uses, and limitations of the test and test results and
            the statutory rights to anonymous testing and to confidentiality; and
            information about the availability of supplemental additional or
            confirmatory testing;

     3)     information about the availability of referrals for further information, or
            counseling; and

     4)     methods for prevention of transmission of HIV.

e)   Contact interview and investigation services shall be provided only by counselors
     who have completed a course of training thatwhich included instruction in the
     following:

     1)     The etiology and transmission of HIV, including associated risk behaviors
            and activities and patient profiles of persons at as significant risk of HIV
            infection;

     2)     The natural history and progression of HIV infection;
                            ILLINOIS REGISTER                                       14575
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                  DEPARTMENT OF PUBLIC HEALTH

               NOTICE OF EMERGENCY AMENDMENTS

     3)     Methods for preventing transmission of HIV infection;

     4)     Principles and techniques of counseling, including demonstration of
            interviewing and counseling skills needed for epidemiologic management
            of HIV infected persons, critiqued role-playing, psychological assessment
            and crisis intervention;

     5)     Principles and techniques of contact investigation and referral; and

     6)     Principles of communicable diseases.

f)   It shall be the duty of every person providing results of an HIV antibody test to
     provide the subject of the test with an explanation of the test results, methods for
     prevention of HIV transmission, and referrals for medical and psychological
     follow-up appropriate to the needs of the test subject. These referrals shall
     include appropriate referrals to physicians who will provide services to
     seropositive individuals; , tuberculosis and sexually transmissibletransmissable
     disease services facilities for psychological counseling; and crisis intervention and
     substance abuse treatment facilities, as available.

g)   All persons with a positive HIV antibody test shall be offered the assistance of
     health professionals in locating and referring sexualsex and needle-sharing
     contacts for counseling and testing, with the consent of the infected person. All
     persons refusing such assistance shall be strongly encouraged to notify their
     previous sexual sex and needle-sharing contacts of their possible exposure to
     HIV, and to refer such contacts for counseling and possible testing.

     1)     HIV infected persons shall be asked to identify their sexualsex and needle-
            sharing contacts for the preceding 12-twelvemonth period. The counselor
            shall discuss the specific nature of each contact with the client to
            determine the likelihood of HIV transmission based on the type of sexual
            or needle-sharing practice involved and the counselor's knowledge of risk
            factors.

     2)     Those contacts determined to be at significant risk of infection, in the
            professional judgment of the counselor based on the type of sexual or
            needle-sharing practice involved and the counselor's knowledge of risk
            factors, shall be investigated. Investigation shall be conducted for contacts
            for whom sufficient information to identify the person is available, such as
            first and last name, street address, or telephone number.
                           ILLINOIS REGISTER                                         14576
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                 NOTICE OF EMERGENCY AMENDMENTS


     3)     The counselor may prioritize the order in which contacts are to be
            investigated. The counselor shall provide first priority to those contacts
            who (based again on the counselor's professional judgment), except for
            contact notification, may not have reason to suspect they may be infected
            because the counselor has no information that the contacts:

            A)      are aware of having engaged in behavior likely to result in
                    exposure; and/or

            B)      are knowledgeable about the type of behavior carrying such risks.

     4)     Persons choosing to self-refer their contacts shall receive intensive
            individualized instruction and counseling in methods to provide this
            notification and referral.

     5)     Contacts to persons with HIV infection, identified through the contact
            interview and investigative process, shall be counseled, confidentially and
            in person, regarding the possibility of infection, methods to prevent the
            spread of the infection, and services available from public health agencies.
            Such persons shall also be offered testing to determine infection.

     6)     If such person is legally unable to agree to counseling because of due to
            age or legal incompetence, consent and participation in counseling shall be
            requested of the individual's parent or legal guardian. If such person is
            legally able to agree to but appears to be incapable of understanding and
            competently acting on such counseling, in the professional judgment of
            the counselor, participation in counseling shall be requested of a parent or
            other person chosen by the client.

h)   It shall be the duty of every person conducting an HIV test in an a HIV
     Counseling and Testing Center to provide results of the test only to the individual
     upon whom the test was performed. Such results are to be provided only in an
     individual face-to-face interview. The test subject may elect to have other
     persons present during the interview. It shall be the duty of the person providing
     the counseling to determine that the presence of a second party during the
     interview is not the result of undue inducement such as any element of force,
     fraud, deceit or other constraint or coercion.
                               ILLINOIS REGISTER                                          14577
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                 NOTICE OF EMERGENCY AMENDMENTS

i)     It shall be the duty of every person with access to an individual's HIV antibody
       test results to maintain strict confidentiality of those results and the test subject's
       identity as required by law and as specified in Section 697.140.

(Source: Amended by emergency rulemaking at 29 Ill. Reg. 14558, effective September
14, 2005, for a maximum of 150 days)
                                      ILLINOIS REGISTER                                       14578
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                             DEPARTMENT OF PUBLIC HEALTH

                          NOTICE OF EMERGENCY AMENDMENTS

Section 697.APPENDIX A Sample HIV Testing Forms

Section 697.ILLUSTRATION A Sample Written Informed Consent for HIV Antibody
Testing Form

          WRITTEN INFORMED CONSENT FOR HIV ANTIBODY TESTING
                (Conventional Testing − Not for Use with a Rapid HIV Test)

Test Subject or Number:                                          Date:
                                                                 Time:                  (AM)(PM)

I hereby grant my permission for a test to detect whether I have antibodies to HIV (Human
Immunodeficiency Virus) in my body.


HIV Testing is voluntary and requires your consent in writing. The purpose of HIV antibody
testing is to show whether you are infected with HIV, the virus that causes AIDS.

Any test result that indicates that antibodies for HIV are present is considered positive for HIV
infection.

Before you consent to be tested for HIV, your healthcare provider should speak to you about:

   How HIV is passed from person to person and mother to baby;
   Steps to take that may prevent the transmission of HIV; and
   The meaning of an HIV antibody test result.


If you agree with the following statements and want to consent to HIV testing, please sign this
form.

I have been counseled about the benefits of having an HIV test and understand that:

   Human immunodeficiency virus (HIV) is the virus that causes AIDS;
   HIV is spread by sexual intercourse, so all sexually active persons are potentially at risk for
   HIV infection;
   HIV can be passed from a mother to her baby during pregnancy, at delivery, and through
   breastfeeding; and
   HIV antibody test results are confidential, and the law protects me from discrimination.
                                       ILLINOIS REGISTER                                         14579
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                             DEPARTMENT OF PUBLIC HEALTH

                          NOTICE OF EMERGENCY AMENDMENTS

I understand that a positive result does not mean I have AIDS, but indicates that I have HIV
infection. I understand that if my test results are positive, I will be offered HIV counseling.

I understand that test results may indicate that a person has HIV antibodies when the person does
not have the antibodies (a false positive result) or the test may fail to detect that a person has
antibodies to the virus when the person does in fact have these antibodies (a false negative
result).

If my HIV antibody test result is negative, no further testing will be done at this time. A
negative HIV antibody test result most likely means that I am not infected with HIV, but it may
not detect recent infection.

If my HIV antibody test result is positive, this means that antibodies to the virus were detected
and that I am HIV infected.


Confidentiality of HIV Information:

If you take the rapid HIV test, your test results are confidential. Under Illinois law, confidential
HIV information can be given only to people to whom you allow it to be given by your written
approval, to people who need to know your HIV status in order to provide medical care and
services, including: an authorized agent or employee of a health facility or a healthcare provider
if the health facility or provider is authorized to obtain test results; those who are exposed to
blood/body fluids in the course of their employment; and organizations that review the services
you receive.

The law also allows your confirmed HIV test results to be released: to public health officials as
required by law; for payment for care and treatment; to a temporary caretaker of children taken
into protective custody by the Illinois Department of Children and Family Services; and to any
other entity permitted by the AIDS Confidentiality Act.


I understand that my test results will be kept confidential to the extent provided by law. In
addition, I understand that I may withdraw from the testing at any point in time prior to the
completion of laboratory tests. I understand that my testing is voluntary.

I agree to be tested and I agree that I may be told my test results.

I agree that if the result of my HIV test is positive I may be referred to another healthcare
provider for follow-up testing and care.
                                      ILLINOIS REGISTER                                      14580
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                              DEPARTMENT OF PUBLIC HEALTH

                          NOTICE OF EMERGENCY AMENDMENTS


I have been advised about the purpose, potential uses, limitations and meaning of the test results;
the voluntary nature of the test; the right to withdraw consent at any time prior to the completion
of laboratory tests; and the confidentiality protections under the law. The information presented
above has been completely and clearly explained to me, and all of my questions have been
answered. I hereby authorize my physician or facility to collect an oral or blood specimen and
perform an HIV antibody test on that specimen.




  Patient/Client Signature or Signature of Legally Authorized Representative

  Date

  Facility/Provider Witness

  Date

                   WRITTEN CONSENT FOR HIV ANTIBODY TESTING


Test Subject or Number:                                          Date:
                                                                                              (AM)
                                                                 Time:                        (PM)



I am giving my permission for a blood test in order to detect whether I have antibodies to the
HIV virus (Human Immunodeficiency virus) or any other identified causative agent of AIDs in
my blood. I understand that the test results will be utilized for the purposes of my medical care
and treatment.

I understand that the test is performed by withdrawing a sample of my blood and conducting
laboratory tests to determine the presence of antibodies to HIV. I understand that the results of
the blood tests considered to be positive will be reported to the Illinois Department of Public
Health.
                                      ILLINOIS REGISTER                                       14581
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                             DEPARTMENT OF PUBLIC HEALTH

                         NOTICE OF EMERGENCY AMENDMENTS

I further understand that a positive result does not mean I have AIDS, but that my blood has been
exposed to the AIDS virus and antibodies to that virus are present in my blood. I understand that
counseling concerning AIDS will be offered to me if my test results are found to be positive.

I have been informed and understand that test results, in a percentage of cases, may indicate that
a person has antibodies to the virus when the person does not have the antibodies (a false
positive result) or that the test may fail to detect that a person has antibodies to the virus when
the person does in fact have these antibodies (a false negative result).

I understand that my test results will be released to my physicians and other health care providers
providing my care. In addition, I understand that the law allows my identity and test results to be
disclosed to specific persons, such as the physicians and health care providers involved in the use
of any donated organs or tissue, and the Illinois Department of Public Health, health care facility
staff committees and research studies (without name). I understand that my test results will be
kept confidential to the extent provided by law. I understand further that upon my request and
when permitted by law, my written consent and test result, will be coded so as not to connect the
written consent form and the test results. In addition, I understand that I may withdraw from the
testing at any point in time, prior to the completion of laboratory tests.

My physician has advised me about the purpose, potential uses, limitations and meaning of the
test results; the voluntary nature of the test; the right to withdraw at any time, prior to the
completion of laboratory tests; the right to anonymity; and the confidentiality protections under
the law. With the information presented above having been completely and clearly explained to
me and all of my questions having been answered, I hereby authorize (Physician and/or Hospital
or health care facility) to test my blood for HIV infection.


[Signature or Notarization of the Test Subject or                [Signature of Physician)
Signature of Legally Authorized Representative]

       (Source: Amended by emergency rulemaking at 29 Ill. Reg. 14558, effective September
       14, 2005, for a maximum of 150 days)
                                      ILLINOIS REGISTER                                       14582
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                             DEPARTMENT OF PUBLIC HEALTH

                          NOTICE OF EMERGENCY AMENDMENTS

Section 697.Appendix C Sample Written Informed Consent for Rapid HIV Antibody
Testing
EMERGENCY

        WRITTEN INFORMED CONSENT FOR RAPID HIV ANTIBODY TEST

Test Subject or Number:                                          Date:
                                                                 Time:                  (AM)(PM)

I hereby grant my permission for a rapid HIV test to detect whether I have antibodies to HIV
(Human Immunodeficiency Virus) in my body.


HIV Testing is voluntary and requires your consent in writing. The purpose of rapid HIV
testing is to show whether you are infected with HIV, the virus that causes AIDS.

Rapid HIV testing will allow you to receive a test result in less than 60 minutes. Any test result
that indicates that antibodies for HIV are present is considered preliminary and must be
confirmed.

Before you consent to be tested for HIV, your healthcare provider should speak to you about:

   How HIV is passed from person to person and mother to baby;
   Steps to take that may prevent the transmission of HIV; and
   The meaning of a preliminary HIV rapid test result and how a positive HIV rapid test result
   is confirmed.


If you agree with the following statements and want to consent to rapid HIV testing, please sign
this form.

I have been counseled about the benefits of having a rapid HIV test and understand that:

   Human immunodeficiency virus (HIV) is the virus that causes AIDS;
   HIV is spread by sexual intercourse, so all sexually active persons are potentially at risk for
   HIV infection;
   HIV can be passed from a mother to her baby during pregnancy, at delivery, and through
   breastfeeding; and
   HIV antibody test results are confidential, and the law protects me from discrimination.
                                      ILLINOIS REGISTER                                        14583
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                             DEPARTMENT OF PUBLIC HEALTH

                         NOTICE OF EMERGENCY AMENDMENTS

I understand that a preliminary positive result does not mean I have AIDS, but indicates that I
have HIV infection.

I understand that preliminary test results may indicate that a person has HIV antibodies when the
person does not have the antibodies (a false positive result) or the test may fail to detect that a
person has antibodies to the virus when the person does in fact have these antibodies (a false
negative result).

The rapid HIV test that I am consenting to take will provide me and my health care provider with
preliminary HIV test results:

   If my rapid HIV test result is negative, no further testing will be done at this time.
   If my rapid HIV test result is negative, it most likely means that I am not infected with HIV,
   but it may not detect recent infection.
   If my rapid HIV test result is preliminary positive, this means there is a possibility that I am
   HIV infected. A second test, to confirm a preliminary positive HIV test result, will be done.
   I understand that if my rapid HIV test result is preliminary positive, I still may not have HIV
   infection, since a false positive test result can occur. A second test, to confirm a preliminary
   positive HIV test result, will be done.
   I understand that if my rapid HIV test result is positive, I will be offered HIV counseling.


Confidentiality of HIV Information:

If you take the rapid HIV test, your test results are confidential. Under Illinois law, confidential
HIV information can be given only to people to whom you allow it to be given by your written
approval, to people who need to know your HIV status in order to provide medical care and
services, including: an authorized agent or employee of a health facility or a healthcare provider
if the health facility or provider is authorized to obtain test results; those who are exposed to
blood/body fluids in the course of their employment; and organizations that review the services
you receive.

The law also allows your confirmed HIV test results to be released: to public health officials as
required by law; for payment for care and treatment; to a temporary caretaker of children taken
into protective custody by the Illinois Department of Children and Family Services; and to any
other entity permitted by the AIDS Confidentiality Act.


I understand that my rapid HIV test results will be kept confidential to the extent provided by
law. In addition, I understand that I may withdraw from the testing at any point in time prior to
the completion of laboratory tests. I understand that my testing is voluntary.
                                       ILLINOIS REGISTER                                         14584
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                              DEPARTMENT OF PUBLIC HEALTH

                          NOTICE OF EMERGENCY AMENDMENTS


I agree to be tested using a rapid HIV test and I agree that I may be told my test results.

I have been counseled that if the result of the rapid HIV test is preliminary positive, then I must
undergo additional testing to confirm whether I am HIV positive. I consent to that additional
testing.

I agree that if the result of my rapid HIV test is positive or if the result of my rapid HIV test is
confirmed positive, I may be referred to another health care provider for follow-up testing and
care.


I have been advised about the purpose, potential uses, limitations and meaning of the test results;
the voluntary nature of the test; the right to withdraw consent at any time, prior to the completion
of laboratory tests; and the confidentiality protections under the law. The information presented
above has been completely and clearly explained to me, and all of my questions have been
answered. I hereby authorize my physician or facility to collect an oral or blood specimen and
perform an HIV test on that specimen.




  Patient/Client Signature or Signature of Legally Authorized Representative

  Date

  Facility/Provider Witness

  Date

         (Source: Added by emergency rulemaking at 29 Ill. Reg. 14558, effective September 14,
         2005, for a maximum of 150 days)
                                      ILLINOIS REGISTER                                     14585
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                    JOINT COMMITTEE ON ADMINISTRATIVE RULES
                            ILLINOIS GENERAL ASSEMBLY

                                STATEMENT OF OBJECTION
                                TO PROPOSED RULEMAKING

                       DEPARTMENT OF EMPLOYMENT SECURITY

Heading of the Part: Notices, Records, Reports

Code Citation:                56 Ill. Adm. Code 2760

Section Numbers:       2760.128

Date Originally Published in the Illinois Register:   5/13/05
                                                      29 Ill. Reg. 6818


At its meeting on September 13, 2005, the Joint Committee on Administrative Rules objected to
the rulemaking of the Department of Employment Security titled Notices, Records, Reports (56
Ill. Adm. Code 2760; 29 Ill. Reg. 6818) because DES lacks statutory authority to allow annual
reporting and contributions.

Failure of the agency to respond within 90 days after receipt of the Statement of Objection shall
constitute withdrawal of this proposed rulemaking. The agency's response will be placed on the
JCAR agenda for further consideration.
                                       ILLINOIS REGISTER                                    14586
                                                                                           05
                    JOINT COMMITTEE ON ADMINISTRATIVE RULES
                            ILLINOIS GENERAL ASSEMBLY

                           STATEMENT OF RECOMMENDATION
                              TO PROPOSED RULEMAKING

                           DEPARTMENT OF HUMAN SERVICES

Heading of the Part: Child Care

Code Citation:                  89 Ill. Adm. Code 50

Section Numbers:       50.210          50.230          50.233

Date Originally Published in the Illinois Register:    11/12/04
                                                       28 Ill. Reg. 14737


At its meeting on September 13, 2005, the Joint Committee on Administrative Rules considered
the above cited rulemaking and recommended that, the Department of Human Services further
review and amend its rules titled Child Care (89 Ill. Adm. Code 50) because the discretionary
power of the Department to provide or withhold child care assistance to low income workers is
not implemented through clearly specified standards that help avoid arbitrary application and that
fully inform those persons affected by the program. JCAR notes that the Department proposed
this rulemaking (28 Ill. Reg. 14737) in response to a previous JCAR review of these rules in
which it recommended that DHS specify all the standards that must be met and the relevant
documentation required to verify legitimate employment or self-employment for child care
assistance purposes without regard to where the work is performed. While JCAR recognizes that
these proposed amendments are an improvement and no longer disqualify those performing work
in their home, the rules remain incomplete.

The agency should respond to this Recommendation in writing within 90 days after receipt of
this Statement. Failure to respond will constitute refusal to accede to the Committee's
Recommendation. The agency's response will be placed on the JCAR agenda for further
consideration.
                                   ILLINOIS REGISTER                                  14587
                                                                                     05
                   JOINT COMMITTEE ON ADMINISTRATIVE RULES
                           ILLINOIS GENERAL ASSEMBLY

                                SECOND NOTICE RECEIVED

The following second notices were received by the Joint Committee on Administrative Rules
during the period of September 13, 2005 through September 19, 2005 and have been scheduled
for review by the Committee at its October 11, 2005 meeting in Chicago. Other items not
contained in this published list may also be considered. Members of the public wishing to
express their views with respect to a rulemaking should submit written comments to the
Committee at the following address: Joint Committee on Administrative Rules, 700 Stratton
Bldg., Springfield IL 62706.

 Second                                                            Start
 Notice                                                            Of First        JCAR
 Expires      Agency and Rule                                      Notice          Meeting

 10/26/05     Department of Transportation, Special Training       4/15/05         10/11/05
              Requirements (92 Ill. Adm. Code 380)                 29 Ill. Reg.
                                                                   5300

 10/26/05     Department of Transportation, Safety Fitness         4/15/05         10/11/05
              Procedures (92 Ill. Adm. Code 385)                   29 Ill. Reg.
                                                                   5310

 10/26/05     Department of Transportation, Minimum Levels         4/15/05         10/11/05
              of Financial Responsibility for Motor Carriers       29 Ill. Reg.
              (92 Ill. Adm. Code 387)                              5317

 10/26/05     Department of Transportation, Motor Carrier          4/15/05         10/11/05
              Safety Regulations: General (92 Ill. Adm. Code       29 Ill. Reg.
              390)                                                 5323

 10/26/05     Department of Transportation, Qualification of       4/15/05         10/11/05
              Drivers (92 Ill. Adm. Code 391)                      29 Ill. Reg.
                                                                   5348

 10/26/05     Department of Transportation, Driving of             4/15/05         10/11/05
              Commercial Motor Vehicles (92 Ill. Adm. Code         29 Ill. Reg.
              392)                                                 5354

 10/26/05     Department of Transportation, Parts and              4/15/05         10/11/05
              Accessories Necessary for Safe Operation (92         29 Ill. Reg.
              Ill. Adm. Code 393)                                  5358
                                 ILLINOIS REGISTER                               14588
                                                                                05
                JOINT COMMITTEE ON ADMINISTRATIVE RULES
                        ILLINOIS GENERAL ASSEMBLY

                            SECOND NOTICE RECEIVED


10/26/05   Department of Transportation, Hours of Service      4/29/04        10/11/05
           of Drivers (92 Ill. Adm. Code 395)                  29 Ill. Reg.
                                                               5959

10/26/05   Department of Transportation, Inspection,           4/15/05        10/11/05
           Repair and Maintenance (92 Ill. Adm. Code           29 Ill. Reg.
           396)                                                5363

10/26/05   Department of Transportation, Transportation of     4/15/05        10/11/05
           Hazardous Materials; Driving and Parking (92        29 Ill. Reg.
           Ill. Adm. Code 397)                                 5368

10/27/05   Department of Central Management Services,          1/28/05        10/11/05
           Standard Procurement (44 Ill. Adm. Code 1)          29 Ill. Reg.
                                                               1487

10/27/05   Secretary of State, Issuance of Licenses (92 Ill.   5/13/05        10/11/05
           Adm. Code 1030)                                     29 Ill. Reg.
                                                               6877

10/29/05   Department of Natural Resources, Duck, Goose        7/29/05        10/11/05
           and Coot Hunting (17 Ill. Adm. Code 590)            29 Ill. Reg.
                                                               11729

10/29/05   Department of Natural Resources, The Taking         7/29/05        10/11/05
           of Wild Turkeys – Fall Gun Season (17 Ill.          29 Ill. Reg.
           Adm. Code 715)                                      11743

10/29/05   Department of Natural Resources, The Taking         7/29/05        10/11/05
           of Wild Turkeys – Fall Archery Season (17 Ill.      29 Ill. Reg.
           Adm. Code 720)                                      11749

10/30/05   Department of Financial and Professional            6/24/05        10/11/05
           Regulation-Division of Professional Regulation,     29 Ill. Reg.
           Medical Practice Act of 1987 (68 Ill. Adm.          8679
           Code 1285)

10/30/05   Department of Financial and Professional            7/29/05        10/11/05
                     ILLINOIS REGISTER                            14589
                                                                 05
     JOINT COMMITTEE ON ADMINISTRATIVE RULES
             ILLINOIS GENERAL ASSEMBLY

                SECOND NOTICE RECEIVED

Regulation-Division of Professional Regulation,   29 Ill. Reg.
Electrologist Licensing Act (68 Ill. Adm. Code    11721
1246)
                                     ILLINOIS REGISTER                                         14590
                                                                                              05
                                      PROCLAMATIONS

                                 2005-302
           NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH

WHEREAS,              most of those with disabilities in Illinois live in poverty at a rate roughly
                      three times the state average; and

WHEREAS,              Illinoisans with disabilities also have an unemployment rate of nearly 70
                      percent, even though 7 out of 10 of those with disabilities who are
                      working-age and unemployed indicate that they prefer to work; and

WHEREAS,              for those reasons, numerous tax credits and deductions are offered to
                      encourage Illinois employers to hire and provide accommodations to
                      qualified workers with disabilities; and

WHEREAS,              last year, the Illinois Department of Human Services Division of
                      Rehabilitation Services helped more than 6,500 Illinoisans with
                      disabilities find quality employment. They also helped increase the
                      average earnings of those successfully employed; found more jobs that
                      included health insurance as a benefit; reduced the time it takes to achieve
                      employment; and expanded vocational services to those with the most
                      significant disabilities; and

WHEREAS,              in 1945, National Employ the Physically Handicapped Week was initiated
                      by President Harry Truman to promote employment for those with
                      disabilities. In 1988, Congress expanded the week and renamed it
                      National Disability Employment Awareness Month; and

WHEREAS,              one of the goals of the Department of Human Services is to promote
                      fulltime employment and reduced reliance on government benefits such as
                      social security disability payments. Consequently, the Division of
                      Rehabilitation Services will present numerous statewide events during
                      National Disability Employment Awareness Month to promote the
                      employment of those with disabilities and to thank employers who have
                      excelled in employing workers with disabilities:

THEREFORE, I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby proclaim
October 2005 as NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH in
Illinois, and reaffirm the commitment of my administration to helping those with disabilities.

       Issued by the Governor September 13, 2005.
       Filed with the Secretary of State September 13, 2005.
                                   ILLINOIS REGISTER                                        14591
                                                                                           05
                                    PROCLAMATIONS

                                  2005-303
                     NATIONAL POW/MIA RECOGNITION DAY

WHEREAS,            throughout American history, thousands of American soldiers have been
                    captured and gone missing during war. To this day, hundreds are still
                    imprisoned or unaccounted for; and

WHEREAS,            despite that, many families still hold out hope that their loved ones will be
                    found or recovered; and

WHEREAS,            the National League of Families of American Prisoners and Missing in
                    Southeast Asia has been representing the families of those veterans not yet
                    returned since 1970; and

WHEREAS,            because of their efforts, and the efforts of countless others, the United
                    States government has taken active measures to find the answers to the
                    many questions families of prisoners of war and missing in action have;
                    and

WHEREAS,            today, the United States government is cooperating with the governments
                    of Cambodia, China, Laos, North Korea, Russia, Vietnam, and other
                    countries to expedite the process of finding our soldiers; and

WHEREAS,            in honor of those still imprisoned and missing and their families, the
                    President of the United States, the United States Secretary of Defense, and
                    the National League of Families of American Prisoners and Missing in
                    Southeast Asia will observe September 16 as National POW/MIA
                    Recognition Day:

  THEREFORE, I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby proclaim
  September 16, 2005 as NATIONAL POW/MIA RECOGNITION DAY in Illinois, and
  encourage all citizens of our state to remember those who have selflessly fought and served
  for our country.


     Issued by the Governor September 16, 2005.
     Filed with the Secretary of State September 16, 2005.

                                     2005-304
                            PRINCIPALS DAY AND WEEK
                                 ILLINOIS REGISTER                                            14592
                                                                                             05
                                  PROCLAMATIONS

WHEREAS,          principals play an important role in the education of our children in
                  elementary, middle, and secondary schools all across the State of Illinois;
                  and

WHEREAS,          principals are responsible for promoting education and working with
                  parents and teachers to ensure that each child receives services that meet
                  their needs to excel in the classroom; and

WHEREAS,          the Illinois Principals Association, which represents 4,000 principals
                  statewide, believes that learning is a lifelong process and that the
                  education of our children is the highest priority; and

WHEREAS,          for that reason, the Illinois Principals Association is dedicated to the
                  improvement of elementary and secondary education in Illinois:

THEREFORE,        I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby
                  proclaim the week of October 16-22, 2005 as PRINCIPALS WEEK and
                  October 21, 2005 as PRINCIPALS DAY in Illinois to recognize principals
                  and the Illinois Principals Association for all that they do to help our
                  children learn and succeed.

    Issued by the Governor September 16, 2005.
    Filed with the Secretary of State September 16, 2005.

                                   2005-305
                             MANUFACTURING WEEK

WHEREAS,          the FABTECH International and AWS Welding Show, which will be
                  hosted in Chicago at McCormick Place from November 13 to 16, 2005, is
                  the largest metal forming, fabricating, and welding exposition and
                  conference in North America; and

WHEREAS,          the show will combine two previously independent expositions that for
                  decades have brought millions of buyers and sellers from around the world
                  together in an environment that facilitates and accelerates business
                  relationships; and

WHEREAS,          held concurrently with the exposition, the world-class conference will
                  feature programs on a variety of forming, fabricating, and welding
                  technologies, processes, and related business topics; and
                                 ILLINOIS REGISTER                                       14593
                                                                                        05
                                  PROCLAMATIONS

WHEREAS,          as a significant Chicago trade event, the show is expected to attract nearly
                  800 exhibitors and 20,000 attendees:

THEREFORE,        I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby
                  proclaim November 13-19, 2005 as MANUFACTURING WEEK in
                  Illinois to celebrate the FABTECH International and AWS Welding Show
                  and the contributions they make to the development of the manufacturing
                  industry, which is vital to the strength and prosperity of our state.

    Issued by the Governor September 16, 2005.
    Filed with the Secretary of State September 16, 2005.

                                2005-306
                  TAKE A LOVED ONE FOR A CHECKUP DAY

WHEREAS,          there is a significant health disparity between racial and ethnic minority
                  populations and the general public in the United States; and

WHEREAS,          African Americans, Asian Americans, Hispanic Americans, and Native
                  Americans are just some of those that suffer from disparities in health; and

WHEREAS,          some of those major health disparities include cancer, diabetes, heart
                  disease, HIV and AIDS, and infant mortality; and

WHEREAS,          prevention, early detection, and prompt referral to quality healthcare are
                  essential for the elimination of these and other disparities; and

WHEREAS,          that is why my administration supports the United States Department of
                  Health and Human Services national "Closing the Health Gap" campaign
                  to encourage healthy lifestyles and visitations to a healthcare professional;
                  and

WHEREAS,          as part of that effort, the Secretary of Health and Human Services has
                  declared September 20 as Take A Loved One For A Checkup Day:

THEREFORE,        I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby
                  proclaim September 20, 2005 as TAKE A LOVED ONE FOR A
                  CHECKUP DAY in Illinois to raise awareness about the disparities in
                  health, and to promote healthier lifestyles and annual or regular checkups
                  and physicals by a healthcare professional.

    Issued by the Governor September 16, 2005.
                                  ILLINOIS REGISTER                                      14594
                                                                                        05
                                   PROCLAMATIONS

     Filed with the Secretary of State September 16, 2005.

                            2005-307
       CHICAGO INTERNATIONAL CHILDREN'S FILM FESTIVAL DAYS

WHEREAS,           2005 marks the 22nd annual Chicago International Children's Film Festival
                   (CICFF); and

WHEREAS,           CICFF is a project of Facets Multi-Media, a nonprofit organization
                   dedicated to the exhibition and distribution of foreign, independent, and
                   classic films; and

WHEREAS,           Facets Muti-Media has received support for CICFF and other children's
                   programs from over 50 corporations and businesses, national and
                   international organizations, and print and broadcast media; and

WHEREAS,           although they only receive about 700 entries, CICFF operates a dynamic
                   market for domestic and foreign buyers, distributors, and festival
                   programmers, as well as representatives from over 20 international media
                   organizations; and

WHEREAS,           additionally, CICFF is the only children's film festival to be named by the
                   Academy of Motion Picture Arts and Sciences as an Academy Qualifying
                   Festival; and

WHEREAS,           this year, CICFF will be held from October 27 to November 6, and more
                   than 24,000 Chicago children, adults, and educators are expected to attend
                   the screenings, in addition to more than 150 celebrities and filmmakers
                   from around the world:

THEREFORE,         I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby
                   proclaim October 27 to November 6, 2005 as CHICAGO
                   INTERNATIONAL CHILDREN'S FILM FESTIVAL DAYS in Illinois in
                   celebration of the Chicago International Children's Film Festival, which
                   has become an annual tradition anticipated by citizens from all around the
                   state.

     Issued by the Governor September 16, 2005.
     Filed with the Secretary of State September 16, 2005.

                           2005-308
REFLEX SYMPATHETIC DYSTROPHY / COMPLEX REGIONAL PAIN SYNDROME
                            ILLINOIS REGISTER                                        14595
                                                                                    05
                             PROCLAMATIONS

                          AWARENESS MONTH

WHEREAS,     millions of men and women in the United States are afflicted by Reflex
             Sympathetic Dystrophy Syndrome (RSDS), also known as Complex
             Regional Pain Syndrome (CRPS); and

WHEREAS,     RSDS/CRPS is a nerve disorder that causes chronic pain. It can strike at
             any age, even as early as the age of three, and affects one of the arms, feet,
             hands, or legs; and

WHEREAS,     the pain often spreads to include the entire arm or leg, and typical
             characteristics of RSDS/CRPS include dramatic changes in the color and
             temperature of the skin over the affected limb or body part, accompanied
             by intense burning pain, skin sensitivity, sweating, and swelling; and

WHEREAS,     although RSDS/CRPS occurs especially after injuries from high-velocity
             impacts such as those from bullets or shrapnel, doctors are uncertain what
             causes it. Furthermore, there is no cure; and

WHEREAS,     treatment can relieve painful symptoms, but the prognosis varies from
             person to person; and

WHEREAS,     today, the National Institute of Neurological Disorders and Stroke
             (NINDS) and other institutes of the National Institutes of Health (NIH) are
             conducting research relating to RSDS/CRPS in laboratories at NIH. They
             also support additional research through grants to major medical
             institutions across the country; and

WHEREAS,     additionally, NINDS-supported scientists are studying new approaches to
             treat RSDS/CRPS and intervene more aggressively after traumatic injury
             to lower the chances of developing the disorder; and

WHEREAS,     all this research is encouraging to all that hope RSDS/CRPS will one day
             be eliminated:

THEREFORE,   I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby
             proclaim October 2005 as REFLEX SYMPATHETIC DYSTROPHY /
             COMPLEX REGIONAL PAIN SYNDROME AWARENESS MONTH in
             Illinois to raise awareness about RSDS/CRPS, and in support of the effort
             to combat this disorder that affects so many throughout the country and
             our state.
                                 ILLINOIS REGISTER                                        14596
                                                                                         05
                                  PROCLAMATIONS

    Issued by the Governor September 16, 2005.
    Filed with the Secretary of State September 16, 2005.

                                2005-309
                   NATIONAL ADULT DAY SERVICES WEEK

WHEREAS,          adult day service centers in Illinois provide professional and
                  compassionate services for functionally and cognitively impaired adults;
                  and

WHEREAS,          adult day service centers offer an array of services, including restorative
                  and functional maintenance rehabilitation, skilled and preventative care,
                  individual and group activities; and

WHEREAS,          adult day service centers also offer participants an opportunity for
                  educational, therapeutic, and social enrichment outside the home; and

WHEREAS,          thanks to their services, adult day service centers have helped thousands of
                  adults receive needed care and services in a community setting.
                  Furthermore, these centers have provided much needed assistance and
                  counseling for caregivers and loved ones; and

WHEREAS,          in recognition of adult day service centers, the National Adult Day
                  Services Association has designated September 18 to 24 as Adult Day
                  Services Week:

THEREFORE,        I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby
                  proclaim September 18 to 24, 2005 as NATIONAL ADULT DAY
                  SERVICES WEEK in Illinois to join the National Adult Day Services
                  Association in recognizing adult day service centers, which help so many
                  men and women in our state.

    Issued by the Governor September 16, 2005.
    Filed with the Secretary of State September 16, 2005.

                                  2005-310
                        FOSTER GRANDPARENTS MONTH

WHEREAS,          the care and nurturing of our children is essential to their success, as well
                  as one of our greatest responsibilities; and
                                    ILLINOIS REGISTER                                         14597
                                                                                             05
                                     PROCLAMATIONS

WHEREAS,             over the past 40 years, the Illinois Department of Aging Foster
                     Grandparent Program has been helping our children by tutoring,
                     mentoring, and guiding those with special needs; and

WHEREAS,             just last year, foster grandparents contributed thousands of hours of
                     volunteer service to special needs children; and

WHEREAS,             thanks to their goodwill and generosity, the Foster Grandparent Program
                     has built, and continues to build, stronger and safer communities; and

WHEREAS,             this year, the Foster Grandparent Program will celebrate their service to
                     our communities during the month of October:

THEREFORE, I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby proclaim
October 2005 as FOSTER GRANDPARENTS MONTH in Illinois in recognition of foster
grandparents who, through the Department of Aging Grandparent Program, have graciously
given their time over the past 40 years to ensure the care and nurturing of our children.

       Issued by the Governor September 19, 2005.
       Filed with the Secretary of State September 19, 2005.

                                   2005-311
                        NATIONAL TEMPORARY HELP WEEK

WHEREAS,             the temporary help industry provides an important and essential service in
                     the United States and State of Illinois; and

WHEREAS,             by staffing businesses and companies, temp agencies help relieve their
                     manpower shortages while providing men and women with paying jobs
                     that often include benefits; and

WHEREAS,             on average, 2.6 million temporary workers were employed everyday last
                     year. Furthermore, temporary workers received approximately $15.8
                     billion in wages that they could use to support their families and contribute
                     to the national and state economies; and

WHEREAS,             in addition to serving as a link between employers and employees, temp
                     agencies also serve as a bridge between part- and full-time positions for
                     temporary workers who are often offered more permanent positions; and

WHEREAS,             this year, the temporary help industry will celebrate National Temporary
                     Help Week from October 17 to 23:
                                     ILLINOIS REGISTER                                         14598
                                                                                              05
                                      PROCLAMATIONS


THEREFORE, I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby proclaim
October 17 to 23, 2005 as NATIONAL TEMPORARY HELP WEEK in Illinois, and join the
temporary help industry in celebrating their significant and crucial service to temporary workers
and their families, businesses and companies, and the national and state economies.

       Issued by the Governor September 19, 2005.
       Filed with the Secretary of State September 19, 2005.

                                    2005-312
                      THE MONTH OF THE YOUNG ADOLESCENT

WHEREAS,              the early years of adolescence are usually some of the most difficult in our
                      lives; and

WHEREAS,              during early adolescence, we undergo extensive mental and physical
                      changes that often create behavioral problems; and

WHEREAS,              common characteristics of social behavior include irritability, mood
                      swings, depression, and combativeness; and

WHEREAS,              by raising awareness, we can help young adolescents and others avoid the
                      pitfalls that only aggravate those and other behavioral problems that
                      develop during the sensitive, yet formative years of early adolescence; and

WHEREAS,              while early adolescence can be a time of great trial, it is also a period of
                      tremendous growth. The mistakes made then can be valuable lessons
                      learned that lead to maturity; and

WHEREAS,              as part of an effort to raise awareness, the National and Illinois
                      Associations of Middle-Level Schools annually observes October as The
                      Month of the Young Adolescent:

THEREFORE, I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby proclaim
October 2005 as THE MONTH OF THE YOUNG ADOLESCENT in Illinois, and join the
National and Illinois Associations of Middle-Level Schools in promoting education about early
adolescence.

       Issued by the Governor September 19, 2005.
       Filed with the Secretary of State September 19, 2005.
                                ILLINOIS ADMINISTRATIVE CODE
                                Issue Index - With Effective Dates
Rules acted upon in Volume 29, Issue 40 are listed in the Issues Index by Title number, Part number, Volume and Issue.
Inquires about the Issue Index may be directed to the Administrative Code Division at (217) 782-7017/18.

PROPOSED RULES
8 - 260                     ..............................14413
80 - 310                    ..............................14420
23 - 25                     ..............................14452
68 - 1220                   ..............................14455
89 - 140                    ..............................14463
89 - 148                    ..............................14502
77 - 697                    ..............................14527
ADOPTED RULES
80 - 305          09/14/2005..............................14530
83 - 100          10/01/2005..............................14535
83 - 710          10/01/2005..............................14540
EMERGENCY RULES
23 - 25           09/16/2005..............................14547
77 - 697          09/14/2005..............................14558
JOINT COMMITTEE ON ADMINISTRATIVE RULES
STATEMENTS OF RECOMMENDATION
89 - 50                     ..............................14586
JOINT COMMITTEE ON ADMINISTRATIVE RULES
STATEMENTS OF OBJECTION
56 - 2760                   ..............................14585
EXECUTIVE ORDERS AND PROCLAMATIONS
05 - 302          09/13/2005..............................14590
05 - 303          09/16/2005..............................14591
05 - 304          09/16/2005..............................14591
05 - 305          09/16/2005..............................14592
05 - 306          09/16/2005..............................14593
05 - 308          09/16/2005..............................14594
05 - 307          09/16/2005..............................14594
05 - 310          09/19/2005..............................14596
05 - 309          09/16/2005..............................14596
05 - 311          09/19/2005..............................14597
05 - 312          09/19/2005..............................14598
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