305 ILCS 5/5A-13
2021 Illinois Compiled Statutes|Chapter 305 - PUBLIC AID|305 ILCS 5/ - Illinois Public Aid Code.|Article V-A - Hospital Provider Funding

Sec. 5A-13. Emergency rulemaking.(a) The Department of Healthcare and Family Services (formerly Department of  Public Aid) may adopt rules necessary to implement  this amendatory Act of the 94th General Assembly  through the use of emergency rulemaking in accordance with  Section 5-45 of the Illinois Administrative Procedure Act.  For purposes of that Act, the General Assembly finds that the  adoption of rules to implement this  amendatory Act of the 94th General Assembly is deemed an  emergency and necessary for the public interest, safety, and welfare.(b)  The Department of Healthcare and Family Services may adopt rules necessary to implement  this amendatory Act of the 97th General Assembly  through the use of emergency rulemaking in accordance with  Section 5-45 of the Illinois Administrative Procedure Act.  For purposes of that Act, the General Assembly finds that the  adoption of rules to implement this  amendatory Act of the 97th General Assembly is deemed an  emergency and necessary for the public interest, safety, and welfare.(c) The Department of Healthcare and Family Services may adopt rules necessary to initially  implement the changes to Articles 5, 5A, 12, and 14 of this Code under this amendatory Act of the 100th General Assembly through the use of emergency rulemaking in accordance with subsection (aa) of Section 5-45 of the Illinois Administrative Procedure Act. For purposes of that Act, the General Assembly finds that the adoption of rules to implement the changes to Articles 5, 5A, 12, and 14 of this Code under this amendatory Act of the 100th General Assembly is deemed an emergency and necessary for the public interest, safety, and welfare.  The 24-month limitation on the adoption of emergency rules does not apply to rules adopted to initially implement the changes to Articles 5, 5A, 12, and 14 of this Code under this amendatory Act of the 100th General Assembly. For purposes of this subsection, "initially" means any emergency rules necessary to immediately implement the changes authorized to Articles 5, 5A, 12, and 14 of this Code under this amendatory Act of the 100th General Assembly; however, emergency rulemaking authority shall not be used to make changes that could otherwise be made following the process established in the Illinois Administrative Procedure Act.(d) The Department of Healthcare and Family Services may on a one-time-only basis adopt rules necessary to initially implement the changes to Articles 5A and 14 of this Code under this amendatory Act of the 100th General Assembly through the use of emergency rulemaking in accordance with subsection (ee) of Section 5-45 of the Illinois Administrative Procedure Act. For purposes of that Act, the General Assembly finds that the adoption of rules on a one-time-only basis to implement the changes to Articles 5A and 14 of this Code under this amendatory Act of the 100th General Assembly is deemed an emergency and necessary for the public interest, safety, and welfare. The 24-month limitation on the adoption of emergency rules does not apply to rules adopted to initially implement the changes to Articles 5A and 14 of this Code under this amendatory Act of the 100th General Assembly.(e) The Department of Healthcare and Family Services may adopt rules necessary to implement  the changes made to Articles 5, 5A, 12, and 14 of this Code by this amendatory Act of the 101st General Assembly through the use of emergency rulemaking in accordance with  Section 5-45.1  of the Illinois Administrative Procedure Act. The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this Section. The General Assembly finds that the adoption of rules to implement the changes made to Articles 5, 5A, 12, and 14 of this Code by this amendatory Act of the 101st General Assembly is deemed an emergency and necessary for the public interest, safety, and welfare. (Source: P.A. 100-581, eff. 3-12-18; 100-1181, eff. 3-8-19; 101-650, eff. 7-7-20.)