Volume 27 Issue 49 December 5, 2003 Pages 18290 - 18494 TABLE OF CONTENTS December 05, 2003 Volume 27, Issue 49 PROPOSED RULES CHILDREN AND FAMILY SERVICES, DEPARTMENT OF Department Advisory Groups 89 Ill. Adm. Code 428 ......................................................18290 INSURANCE, ILLINOIS DEPARTMENT OF Managed Care Reform and Patient Rights 50 Ill. Adm. Code 5420 ....................................................18295 NATURAL RESOURCES, DEPARTMENT OF Sport Fishing Regulations for the Waters of Illinois 17 Ill. Adm. Code 810 ......................................................18305 Commercial Fishing in Lake Michigan 17 Ill. Adm. Code 850 ......................................................18395 ADOPTED RULES STATE UNIVERSITIES CIVIL SERVICE SYSTEM Public Information, Rulemaking and Organization 2 Ill. Adm. Code 5350 ......................................................18399 COMMERCE COMMISSION, ILLINOIS Customer Credits 83 Ill. Adm. Code 732 ......................................................18405 HUMAN SERVICES, DEPARTMENT OF Child Care 89 Ill. Adm. Code 50 ........................................................18411 Temporary Assistance for Needy Families 89 Ill. Adm. Code 112 ......................................................18417 General Assistance 89 Ill. Adm. Code 114 ......................................................18433 Food Stamps 89 Ill. Adm. Code 121 ......................................................18445 SECRETARY OF STATE, OFFICE OF THE Illinois Safety Responsibility Law 92 Ill. Adm. Code 1070 ....................................................18458 EMERGENCY RULES REVENUE, ILLINOIS DEPARTMENT OF Income Tax 86 Ill. Adm. Code 100 ......................................................18464 JOINT COMMITTEE ON ADMINISTRATIVE RULES STATEMENTS OF RECOMMENDATION PROFESSIONAL REGULATION, DEPARTMENT OF Wholesale Drug Distribution Licensing Act 68 Ill. Adm. Code 1510 ....................................................18479 PUBLIC AID, ILLINOIS DEPARTMENT OF Medical Payment i 89 Ill. Adm. Code 140 ......................................................18480 Reimbursement for Nursing Costs for Geriatric Facilities 89 Ill. Adm. Code 147 ......................................................18481 JOINT COMMITTEE ON ADMINISTRATIVE RULES STATEMENTS OF OBJECTION STATE UNIVERSITIES RETIREMENT SYSTEM Universities Retirement 80 Ill. Adm. Code 1600 ....................................................18482 JOINT COMMITTEE ON ADMINISTRATIVE RULES STATEMENTS OF OBJECTION AND SUSPENSION BANKS AND REAL ESTATE, OFFICE OF Calculation, Assessment and Collection of Periodic Fees 38 Ill. Adm. Code 375 ......................................................18483 Illinois Savings and Loan Act of 1985 38 Ill. Adm. Code 1000 ....................................................18484 Savings Bank Act 38 Ill. Adm. Code 1075 ....................................................18485 SECOND NOTICES RECEIVED JOINT COMMITTEE ON ADMINISTRATIVE RULES Second Notices Received .................................................18486 NOTICE OF PUBLICATION ERROR PUBLIC HEALTH, ILLINOIS DEPARTMENT OF Skilled Nursing and Intermediate Care Facilities Code 77 Ill. Adm. Code 300 ......................................................18487 Sheltered Care Facilities Code 77 Ill. Adm. Code 330 ......................................................18488 Illinois Veterans' Homes Code 77 Ill. Adm. Code 340 ......................................................18489 Intermediate Care for the Developmentally Disabled Facilities Code 77 Ill. Adm. Code 350 ......................................................18487 Long-Term Care for Under Age 22 Facilities Code 77 Ill. Adm. Code 390 ......................................................18487 NOTICES OF PUBLIC INFORMATION BANKS AND REAL ESTATE, OFFICE OF Notice of Suspension Under the Residential Mortgage License Act of 1987 Ill. Adm. Code ................................................................18488 EXECUTIVE ORDERS AND PROCLAMATIONS PROCLAMATIONS Bishop Charles Mason Ford Day Ill. Adm. Code ................................................................18489 Civil Air Patrol Week ii Ill. Adm. Code ................................................................18489 Ambassadors For Peace Day Ill. Adm. Code ................................................................18490 Homeless Persons Memorial Day Ill. Adm. Code ................................................................18490 Martin Luther King Day Ill. Adm. Code ................................................................18491 Woman's Heart Day Ill. Adm. Code ................................................................18492 Career And Technical Education Week Ill. Adm. Code ................................................................18492 Kantorei Day Ill. Adm. Code ................................................................18493 HIV/AIDS Awareness Day Ill. Adm. Code ................................................................18493 iii ILLINOIS REGISTER 18290 03 DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS 1) Heading of the Part: Department Advisory Groups 2) Code Citation: 89 Ill. Adm. Code 428 3) Section Numbers: Proposed Action: 428.20 Amendment 428.85 New 4) Statutory Authority: Public Act 93-0189 5) A Complete Description of the Subjects and Issues Involved: The Department is amending Part 428, Advisory Councils, by adding rules governing the Confidential Intermediary Council. Public Act 93-0189 requires the establishment of this new council. 6) Will these proposed amendments replace an emergency rule currently in effect? No 7) Does this rulemaking contain an automatic repeal date? No 8) Do these proposed amendments contain incorporations by reference? No 9) Are there any proposed amendments to this Part pending? No 10) Statement of Statewide Policy Objectives: These rules do not create or expand a state mandate as defined in Section 3(b) of the State Mandates Act [30 ILCS 805/3(b)]. 11) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: Comments on this proposed rulemaking may be submitted in writing for a period of 45 days following publication of this notice. Comments should be submitted to: Jeff Osowski Office of Child and Family Policy Department of Children and Family Services 406 East Monroe, Station # 65 Springfield, Illinois 62701-1498 Telephone: (217) 524-1983 TTY: (217) 524-3715 Internet address: [email protected] ILLINOIS REGISTER 18291 03 DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS The Department will consider fully all written comments on this proposed rulemaking submitted during the 45-day comment period. Comments submitted by small businesses should be identified as such. 12) Initial Regulatory Flexibility Analysis: The Department has determined that this amendment does not have an impact on small business. A) Types of small businesses, small municipalities and not for profit corporations affected: This amendment will not affect small businesses, small municipalities or not for profit corporations. B) Reporting, bookkeeping or other procedures required for compliance: Please see the amendments to Section 5420.70; 5420.90 and Exhibit C of this Part. C) Types of professional skills necessary for compliance: Administrative and possible accounting skills will be needed to calculate and categorize complaint information. 13) Regulatory agenda on which this rulemaking was summarized: This rulemaking was not included on either of the 2 most recent regulatory agendas because: The need for the amendments was not anticipated when either of the two most recent regulatory agendas were published. The full text of the Proposed Amendments begins on the next page. ILLINOIS REGISTER 18292 03 DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS TITLE 89: SOCIAL SERVICES CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER f: GENERAL ADMINISTRATION PART 428 DEPARTMENT ADVISORY GROUPS Section 428.10 Purpose 428.20 Definitions 428.30 Children and Family Services Advisory Council 428.35 One Church, One Child Advisory Board 428.40 State Advisory Committee on Day Care (Repealed) 428.50 Child Welfare Advisory Committee 428.60 Statewide Citizens Committee on Child Abuse and Neglect 428.65 Statewide Foster Care Advisory Council 428.70 Illinois Juvenile Justice Commission (Repealed) 428.75 African-American Family Commission 428.80 Regional Advisory Committees 428.85 Confidential Intermediary Council 428.90 Regional Youth Planning Committees (Repealed) 428.95 Other Advisory Groups 428.100 Liaisons to the Department's Advisory Council 428.110 Rules of Procedure 428.120 Organization 428.130 Regular and Special Meetings 428.140 Notice of Meetings and Agendas 428.150 Compliance with the Opening Meetings Act 428.160 Quorum 428.170 Compensation 428.175 Conflict of Interest 428.180 Minutes 428.190 Staffing AUTHORITY: Implementing and authorized by Sections 5, 17a-1 and 17a-9 of the Children and Family Services Act [20 ILCS 505/5, 17a-1, 17a-9]; Section 11.7 of the Abused and Neglected Child Reporting Act [325 ILCS 5/11.7]; Section 18.3a(f) of the Adoption Act [750 ILCS 50/18.3a(f)]; Sections 11.1 through 12 of the Illinois Purchasing Act [30 ILCS 505/11.1 through 12]; and Sections 6.15 and 8 of the Civil Administrative Code of Illinois [20 ILCS 5/6.15 and 8]. ILLINOIS REGISTER 18293 03 DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS SOURCE: Adopted