IL Register Vol.33 issue 26. Issue 26 June 26, 2009 Pages 8808-9207

LibraryIllinois Register
Enactment Date01 January 2009

TABLE OF CONTENTS

June 26, 2009 Volume 33, Issue 26

PROPOSED RULES

HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF

Medical Assistance Programs

89 Ill. Adm. Code 120........................................................................8808

Veterans' Health Insurance Program

89 Ill. Adm. Code 128........................................................................8820

HEALTH FACILITIES PLANNING BOARD Narrative and Planning Policies

77 Ill. Adm. Code 1100......................................................................8825

POLLUTION CONTROL BOARD Nitrogen Oxides Emissions

35 Ill. Adm. Code 217........................................................................8880

SECRETARY OF STATE Issuance of Licenses

92 Ill. Adm. Code 1030......................................................................8890

STATE POLICE, DEPARTMENT OF Bait Car Procedures

20 Ill. Adm. Code 1297......................................................................8900

ADOPTED RULES

FINANCIAL AND PROFESSIONAL REGULATION, DEPARTMENT OF

Minimum Standards for Individual and Group Medicare Supplement

Insurance

50 Ill. Adm. Code 2008......................................................................8904

HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF

Medical Payment

89 Ill. Adm. Code 140........................................................................9048

Child Support Enforcement

89 Ill. Adm. Code 160........................................................................9077

ILLINOIS EMERGENCY MANAGEMENT AGENCY

Compensation of Local Governments for Emergency Planning and Participation in Nuclear Emergency Response Exercises

32 Ill. Adm. Code 501........................................................................9110

SECRETARY OF STATE

Uniform Partnership Act (1997)

14 Ill. Adm. Code 166........................................................................9129

PEREMPTORY RULES

CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF

Pay Plan

80 Ill. Adm. Code 310........................................................................9138

REGULATORY AGENDA

AGING, DEPARTMENT ON

i

Community Care Program

89 Ill. Adm. Code 240........................................................................9185

BOARD OF HIGHER EDUCATION

Illinois Consortium for Educational Opportunity Program

23 Ill. Adm. Code 2400......................................................................9186

TEACHERS' RETIREMENT SYSTEM OF THE STATE OF ILLINOIS

The Administration and Operation of the Teachers' Retirement System

80 Ill. Adm. Code 1650......................................................................9188

SECOND NOTICES RECEIVED

JOINT COMMITTEE ON ADMINISTRATIVE RULES

Second Notices Received..........................................................................9189

OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN THE ILLINOIS REGISTER

ENVIRONMENTAL PROTECTION AGENCY

Notice of Public Information.....................................................................9191

EXECUTIVE ORDERS AND PROCLAMATIONS

EXECUTIVE ORDER

Establishment of the Admissions Review Commission

2009-12..............................................................................................9202

PROCLAMATIONS

Police Officer Alejandro "Alex" Valadez

2009-198............................................................................................9204

Police Lieutenant Gregory Jonas

2009-199............................................................................................9204

Sergeant Justin J. Duffy

2009-200............................................................................................9205

Children's Day

2009-201............................................................................................9206

Quebec National Day

2009-202............................................................................................9206

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INTRODUCTION

The Illinois Register is the official state document for publishing public notice of rulemaking activity initiated by State governmental agencies. The table of Contents is arranged categorically by rulemaking activity and alphabetically by agency within each category.

Rulemaking activity consists of proposed or adopted new rules; amendments to or repealers of existing rules; and rules promulgated by emergency or peremptory action. Executive Orders and Proclamations issued by the Governor; notices of public information required by State Statute; and activities (meeting agendas; Statements of Objection or Recommendation, etc.) of the Joint Committee on Administrative Rules (JCAR), a legislative oversight committee which monitors the rulemaking activities of State Agencies; is also published in the Register.

The Register is a weekly update of the Illinois Administrative Code (a compilation of the rules adopted by State agencies). The most recent edition of the Code, along with the Register, comprise the most current accounting of State agencies' rulemakings.

The Illinois Register is the property of the State of Illinois, granted by the authority of the Illinois Administrative Procedure Act [5 ILCS 100/1-1, et seq.].

ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 2009

Issue #

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

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Rules Due Date

December 22, 2008

December 29, 2008

January 5, 2009 January 12, 2009 January 20, 2009 January 26, 2009 February 2, 2009 February 9, 2009

Date of Issue

January 2, 2009

January 9, 2009 January 16, 2009 January 23, 2009 January 30, 2009 February 6, 2009

February 17, 2009

February 13, 2009 February 20, 2009 February 27, 2009

February 23, 2009 March 2, 2009 March 9, 2009 March 16, 2009 March 23, 2009 March 30, 2009

April 6, 2009 April 13, 2009 April 20, 2009 April 27, 2009

May 4, 2009 May 11, 2009 May 18, 2009

March 6, 2009 March 13, 2009 March 20, 2009 March 27, 2009 April 3, 2009 April 10, 2009 April 17, 2009 April 24, 2009 May 1, 2009 May 8, 2009 May 15, 2009 May 22, 2009 May 29, 2009

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May 26, 2009

June 5, 2009

Issue #

Rules Due Date

Date of Issue

24

June 1, 2009

June 12, 2009

25

June 8, 2009

June 19, 2009

26

June 15, 2009

June 26, 2009

27

June 22, 2009

July 6, 2009

28

June 29, 2009

July 10, 2009

29

July 6, 2009

July 17, 2009

30

July 13, 2009

July 24, 2009

31

July 20, 2009

July 31, 2009

32

July 27, 2009

August 7, 2009

33

August 3, 2009

August 14, 2009

34

August 10, 2009

August 21, 2009

35

August 17, 2009

August 28, 2009

36

August 24, 2009

September 4, 2009

37

August 31, 2009

September 11, 2009

38

September 8, 2009

September 18, 2009

39

September 14, 2009

September 25, 2009

40

September 21, 2009

October 2, 2009

41

September 28, 2009

October 9, 2009

42

October 5, 2009

October 16, 2009

43

October 13, 2009

October 23, 2009

44

October 19, 2009

October 30, 2009

45

October 26, 2009

November 6, 2009

46

November 2, 2009

November 13, 2009

47

November 9, 2009

November 20, 2009

48

November 16, 2009

November 30, 2009

49

November 23, 2009

December 4, 2009

50

November 30, 2009

December 11, 2009

51

December 7, 2009

December 18, 2009

52

December 14, 2009

December 28, 2009

Editor's Note: The Secretary of State Index Department is providing this opportunity to remind you that the next filing period for your Regulatory Agenda will occur from May11 to July 1,

2009.

iv

ILLINOIS REGISTER

8808

09

DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF PROPOSED AMENDMENT

1) Heading of the Part: Medical Assistance Programs

2) Code Citation: 89 Ill. Adm. Code 120

3) Section Number: Proposed Action: 120.374 New Section

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: The U.S. Census Bureau recruits thousands of temporary employees once every 10 years and has asked all states to exempt income earned by temporary census workers from consideration when determining eligibility for Medicaid. Federal guidelines permit states to exempt earnings from temporary employment with the U.S. Census Bureau for medical eligibility under Titles XIX and XXI of the Social Security Act; Illinois did so for the 2000 census.

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

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

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

9) Does this rulemaking contain incorporations by reference? No

10) Are there any other proposed rulemakings pending on this Part? Yes

Section Numbers: Proposed Action: Illinois Register Citation:

120.335 Amendment 33 Ill. Reg. 5683; April 17, 2009

120.381 Amendment 33 Ill. Reg. 5683; April 17, 2009

120.310 Amendment 33 Ill. Reg. 5994; April 24, 2009

120.329 Repeals Peremptory 33 Ill. Reg. 6608; May 15, 2009

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: Any interested parties may submit comments, data, views, or arguments

ILLINOIS REGISTER

8809

09

DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF PROPOSED AMENDMENT

concerning this proposed rulemaking. All comments must be in writing and should be addressed to:

Tamara Tanzillo Hoffman

Chief of Staff

Illinois Department of Healthcare and Family Services 201 South Grand Avenue E., 3rd Floor

Springfield IL 62763-0002 217/557-7157

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].

These proposed amendments may have an impact on small businesses, small municipalities, and not-for-profit corporations as defined in Sections 1-75, 1-80 and 1-85 of the Illinois Administrative Procedure Act [5 ILCS 100/1-75, 1-80, 1-85]. These entities may submit comments in writing to the Department at the above address in accordance...

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