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Public Act 096-1501 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Budget Law of the Civil Administrative | ||||
Code of Illinois is amended by adding Section 50-30 as follows: | ||||
(15 ILCS 20/50-30 new) | ||||
Sec. 50-30. Long-term care rebalancing. In light of the | ||||
increasing demands confronting the State in meeting the needs | ||||
of individuals utilizing long-term care services under the | ||||
medical assistance program and any other long-term care related | ||||
benefit program administered by the State, it is the intent of | ||||
the General Assembly to address the needs of both the State and | ||||
the individuals eligible for such services by cost effective | ||||
and efficient means through the advancement of a long-term care | ||||
rebalancing initiative. Notwithstanding any State law to the | ||||
contrary, and subject to federal laws, regulations, and court | ||||
decrees, the following shall apply to the long-term care | ||||
rebalancing initiative: | ||||
(1) "Long-term care rebalancing", as used in this | ||||
Section, means removing barriers to community living for | ||||
people of all ages with disabilities and long-term | ||||
illnesses by offering individuals utilizing long-term care | ||||
services a reasonable array of options, in particular |
adequate choices of community and institutional options, | ||
to achieve a balance between the proportion of total | ||
Medicaid long-term support expenditures used for | ||
institutional services and those used for community-based | ||
supports. | ||
(2) Subject to the provisions of this Section, the | ||
Governor shall create a unified budget report identifying | ||
the budgets of all State agencies offering long-term care | ||
services to persons in either institutional or community | ||
settings, including the budgets of State-operated | ||
facilities for persons with developmental disabilities | ||
that shall include, but not be limited to, the following | ||
service and financial data: | ||
(A) A breakdown of long-term care services, | ||
defined as institutional or community care, by the | ||
State agency primarily responsible for administration | ||
of the program. | ||
(B) Actual and estimated enrollment, caseload, | ||
service hours, or service days provided for long-term | ||
care services described in a consistent format for | ||
those services, for each of the following age groups: | ||
older adults 65 years of age and older, younger adults | ||
21 years of age through 64 years of age, and children | ||
under 21 years of age. | ||
(C) Funding sources for long-term care services. | ||
(D) Comparison of service and expenditure data, by |
services, both in aggregate and per person enrolled. | ||
(3) For each fiscal year, the unified budget report | ||
described in subdivision (2) shall be prepared with | ||
reference to the prioritized outcomes for that fiscal year | ||
contemplated by Sections 50-5 and 50-25 of this Code. | ||
(4) Each State agency responsible for the | ||
administration of long-term care services shall provide an | ||
analysis of the progress being made by the agency to | ||
transition persons from institutional to community | ||
settings, where appropriate, as part of the State's | ||
long-term care rebalancing initiative. | ||
(5) The Governor may designate amounts set aside for | ||
institutional services appropriated from the General | ||
Revenue Fund or any other State fund that receives monies | ||
for long-term care services to be transferred to all State | ||
agencies responsible for the administration of | ||
community-based long-term care programs, including, but | ||
not limited to, community-based long-term care programs | ||
administered by the Department of Healthcare and Family | ||
Services, the Department of Human Services, and the | ||
Department on Aging, provided that the Director of | ||
Healthcare and Family Services first certifies that the | ||
amounts being transferred are necessary for the purpose of | ||
assisting persons in or at risk of being in institutional | ||
care to transition to community-based settings, including | ||
the financial data needed to prove the need for the |
transfer of funds. The total amounts transferred shall not | ||
exceed 4% in total of the amounts appropriated from the | ||
General Revenue Fund or any other State fund that receives | ||
monies for long-term care services for each fiscal year. A | ||
notice of the fund transfer must be made to the General | ||
Assembly and posted at a minimum on the Department of | ||
Healthcare and Family Services website, the Governor's | ||
Office of Management and Budget website, and any other | ||
website the Governor sees fit. These postings shall serve | ||
as notice to the General Assembly of the amounts to be | ||
transferred. Notice shall be given at least 30 days prior | ||
to transfer. | ||
(6) This Section shall be liberally construed and | ||
interpreted in a manner that allows the State to advance | ||
its long-term care rebalancing initiatives. | ||
Section 10. The State Finance Act is amended by changing | ||
Sections 13.2 and 25 as follows:
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(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
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Sec. 13.2. Transfers among line item appropriations. | ||
(a) Transfers among line item appropriations from the same
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treasury fund for the objects specified in this Section may be | ||
made in
the manner provided in this Section when the balance | ||
remaining in one or
more such line item appropriations is | ||
insufficient for the purpose for
which the appropriation was |
made. | ||
(a-1) No transfers may be made from one
agency to another | ||
agency, nor may transfers be made from one institution
of | ||
higher education to another institution of higher education | ||
except as provided by subsection (a-4) .
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(a-2) Except as otherwise provided in this Section, | ||
transfers may be made only among the objects of expenditure | ||
enumerated
in this Section, except that no funds may be | ||
transferred from any
appropriation for personal services, from | ||
any appropriation for State
contributions to the State | ||
Employees' Retirement System, from any
separate appropriation | ||
for employee retirement contributions paid by the
employer, nor | ||
from any appropriation for State contribution for
employee | ||
group insurance. During State fiscal year 2005, an agency may | ||
transfer amounts among its appropriations within the same | ||
treasury fund for personal services, employee retirement | ||
contributions paid by employer, and State Contributions to | ||
retirement systems; notwithstanding and in addition to the | ||
transfers authorized in subsection (c) of this Section, the | ||
fiscal year 2005 transfers authorized in this sentence may be | ||
made in an amount not to exceed 2% of the aggregate amount | ||
appropriated to an agency within the same treasury fund. During | ||
State fiscal year 2007, the Departments of Children and Family | ||
Services, Corrections, Human Services, and Juvenile Justice | ||
may transfer amounts among their respective appropriations | ||
within the same treasury fund for personal services, employee |
retirement contributions paid by employer, and State | ||
contributions to retirement systems. During State fiscal year | ||
2010, the Department of Transportation may transfer amounts | ||
among their respective appropriations within the same treasury | ||
fund for personal services, employee retirement contributions | ||
paid by employer, and State contributions to retirement | ||
systems. During State fiscal year 2010 only, an agency may | ||
transfer amounts among its respective appropriations within | ||
the same treasury fund for personal services, employee | ||
retirement contributions paid by employer, and State | ||
contributions to retirement systems. Notwithstanding, and in | ||
addition to, the transfers authorized in subsection (c) of this | ||
Section, these transfers may be made in an amount not to exceed | ||
2% of the aggregate amount appropriated to an agency within the | ||
same treasury fund.
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(a-3) Further, if an agency receives a separate
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appropriation for employee retirement contributions paid by | ||
the employer,
any transfer by that agency into an appropriation | ||
for personal services
must be accompanied by a corresponding | ||
transfer into the appropriation for
employee retirement | ||
contributions paid by the employer, in an amount
sufficient to | ||
meet the employer share of the employee contributions
required | ||
to be remitted to the retirement system. | ||
(a-4) Long-Term Care Rebalancing. The Governor may | ||
designate amounts set aside for institutional services | ||
appropriated from the General Revenue Fund or any other State |
fund that receives monies for long-term care services to be | ||
transferred to all State agencies responsible for the | ||
administration of community-based long-term care programs, | ||
including, but not limited to, community-based long-term care | ||
programs administered by the Department of Healthcare and | ||
Family Services, the Department of Human Services, and the | ||
Department on Aging, provided that the Director of Healthcare | ||
and Family Services first certifies that the amounts being | ||
transferred are necessary for the purpose of assisting persons | ||
in or at risk of being in institutional care to transition to | ||
community-based settings, including the financial data needed | ||
to prove the need for the transfer of funds. The total amounts | ||
transferred shall not exceed 4% in total of the amounts | ||
appropriated from the General Revenue Fund or any other State | ||
fund that receives monies for long-term care services for each | ||
fiscal year. A notice of the fund transfer must be made to the | ||
General Assembly and posted at a minimum on the Department of | ||
Healthcare and Family Services website, the Governor's Office | ||
of Management and Budget website, and any other website the | ||
Governor sees fit. These postings shall serve as notice to the | ||
General Assembly of the amounts to be transferred. Notice shall | ||
be given at least 30 days prior to transfer. | ||
(b) In addition to the general transfer authority provided | ||
under
subsection (c), the following agencies have the specific | ||
transfer authority
granted in this subsection: | ||
The Department of Healthcare and Family Services is |
authorized to make transfers
representing savings attributable | ||
to not increasing grants due to the
births of additional | ||
children from line items for payments of cash grants to
line | ||
items for payments for employment and social services for the | ||
purposes
outlined in subsection (f) of Section 4-2 of the | ||
Illinois Public Aid Code. | ||
The Department of Children and Family Services is | ||
authorized to make
transfers not exceeding 2% of the aggregate | ||
amount appropriated to it within
the same treasury fund for the | ||
following line items among these same line
items: Foster Home | ||
and Specialized Foster Care and Prevention, Institutions
and | ||
Group Homes and Prevention, and Purchase of Adoption and | ||
Guardianship
Services. | ||
The Department on Aging is authorized to make transfers not
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exceeding 2% of the aggregate amount appropriated to it within | ||
the same
treasury fund for the following Community Care Program | ||
line items among these
same line items: Homemaker and Senior | ||
Companion Services, Alternative Senior Services, Case | ||
Coordination
Units, and Adult Day Care Services. | ||
The State Treasurer is authorized to make transfers among | ||
line item
appropriations
from the Capital Litigation Trust | ||
Fund, with respect to costs incurred in
fiscal years 2002 and | ||
2003 only, when the balance remaining in one or
more such
line | ||
item appropriations is insufficient for the purpose for which | ||
the
appropriation was
made, provided that no such transfer may | ||
be made unless the amount transferred
is no
longer required for |
the purpose for which that appropriation was made. | ||
The State Board of Education is authorized to make | ||
transfers from line item appropriations within the same | ||
treasury fund for General State Aid and General State Aid - | ||
Hold Harmless, provided that no such transfer may be made | ||
unless the amount transferred is no longer required for the | ||
purpose for which that appropriation was made, to the line item | ||
appropriation for Transitional Assistance when the balance | ||
remaining in such line item appropriation is insufficient for | ||
the purpose for which the appropriation was made. | ||
The State Board of Education is authorized to make | ||
transfers between the following line item appropriations | ||
within the same treasury fund: Disabled Student | ||
Services/Materials (Section 14-13.01 of the School Code), | ||
Disabled Student Transportation Reimbursement (Section | ||
14-13.01 of the School Code), Disabled Student Tuition - | ||
Private Tuition (Section 14-7.02 of the School Code), | ||
Extraordinary Special Education (Section 14-7.02b of the | ||
School Code), Reimbursement for Free Lunch/Breakfast Program, | ||
Summer School Payments (Section 18-4.3 of the School Code), and | ||
Transportation - Regular/Vocational Reimbursement (Section | ||
29-5 of the School Code). Such transfers shall be made only | ||
when the balance remaining in one or more such line item | ||
appropriations is insufficient for the purpose for which the | ||
appropriation was made and provided that no such transfer may | ||
be made unless the amount transferred is no longer required for |
the purpose for which that appropriation was made. | ||
During State fiscal years 2010 and 2011 only, the | ||
Department of Healthcare and Family Services is authorized to | ||
make transfers not exceeding 4% of the aggregate amount | ||
appropriated to it, within the same treasury fund, among the | ||
various line items appropriated for Medical Assistance. | ||
(c) The sum of such transfers for an agency in a fiscal | ||
year shall not
exceed 2% of the aggregate amount appropriated | ||
to it within the same treasury
fund for the following objects: | ||
Personal Services; Extra Help; Student and
Inmate | ||
Compensation; State Contributions to Retirement Systems; State
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Contributions to Social Security; State Contribution for | ||
Employee Group
Insurance; Contractual Services; Travel; | ||
Commodities; Printing; Equipment;
Electronic Data Processing; | ||
Operation of Automotive Equipment;
Telecommunications | ||
Services; Travel and Allowance for Committed, Paroled
and | ||
Discharged Prisoners; Library Books; Federal Matching Grants | ||
for
Student Loans; Refunds; Workers' Compensation, | ||
Occupational Disease, and
Tort Claims; and, in appropriations | ||
to institutions of higher education,
Awards and Grants. | ||
Notwithstanding the above, any amounts appropriated for
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payment of workers' compensation claims to an agency to which | ||
the authority
to evaluate, administer and pay such claims has | ||
been delegated by the
Department of Central Management Services | ||
may be transferred to any other
expenditure object where such | ||
amounts exceed the amount necessary for the
payment of such |
claims. | ||
(c-1) Special provisions for State fiscal year 2003. | ||
Notwithstanding any
other provision of this Section to the | ||
contrary, for State fiscal year 2003
only, transfers among line | ||
item appropriations to an agency from the same
treasury fund | ||
may be made provided that the sum of such transfers for an | ||
agency
in State fiscal year 2003 shall not exceed 3% of the | ||
aggregate amount
appropriated to that State agency for State | ||
fiscal year 2003 for the following
objects: personal services, | ||
except that no transfer may be approved which
reduces the | ||
aggregate appropriations for personal services within an | ||
agency;
extra help; student and inmate compensation; State
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contributions to retirement systems; State contributions to | ||
social security;
State contributions for employee group | ||
insurance; contractual services; travel;
commodities; | ||
printing; equipment; electronic data processing; operation of
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automotive equipment; telecommunications services; travel and | ||
allowance for
committed, paroled, and discharged prisoners; | ||
library books; federal matching
grants for student loans; | ||
refunds; workers' compensation, occupational disease,
and tort | ||
claims; and, in appropriations to institutions of higher | ||
education,
awards and grants. | ||
(c-2) Special provisions for State fiscal year 2005. | ||
Notwithstanding subsections (a), (a-2), and (c), for State | ||
fiscal year 2005 only, transfers may be made among any line | ||
item appropriations from the same or any other treasury fund |
for any objects or purposes, without limitation, when the | ||
balance remaining in one or more such line item appropriations | ||
is insufficient for the purpose for which the appropriation was | ||
made, provided that the sum of those transfers by a State | ||
agency shall not exceed 4% of the aggregate amount appropriated | ||
to that State agency for fiscal year 2005.
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(d) Transfers among appropriations made to agencies of the | ||
Legislative
and Judicial departments and to the | ||
constitutionally elected officers in the
Executive branch | ||
require the approval of the officer authorized in Section 10
of | ||
this Act to approve and certify vouchers. Transfers among | ||
appropriations
made to the University of Illinois, Southern | ||
Illinois University, Chicago State
University, Eastern | ||
Illinois University, Governors State University, Illinois
| ||
State University, Northeastern Illinois University, Northern | ||
Illinois
University, Western Illinois University, the Illinois | ||
Mathematics and Science
Academy and the Board of Higher | ||
Education require the approval of the Board of
Higher Education | ||
and the Governor. Transfers among appropriations to all other
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agencies require the approval of the Governor. | ||
The officer responsible for approval shall certify that the
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transfer is necessary to carry out the programs and purposes | ||
for which
the appropriations were made by the General Assembly | ||
and shall transmit
to the State Comptroller a certified copy of | ||
the approval which shall
set forth the specific amounts | ||
transferred so that the Comptroller may
change his records |
accordingly. The Comptroller shall furnish the
Governor with | ||
information copies of all transfers approved for agencies
of | ||
the Legislative and Judicial departments and transfers | ||
approved by
the constitutionally elected officials of the | ||
Executive branch other
than the Governor, showing the amounts | ||
transferred and indicating the
dates such changes were entered | ||
on the Comptroller's records. | ||
(e) The State Board of Education, in consultation with the | ||
State Comptroller, may transfer line item appropriations for | ||
General State Aid between the Common School Fund and the | ||
Education Assistance Fund. With the advice and consent of the | ||
Governor's Office of Management and Budget, the State Board of | ||
Education, in consultation with the State Comptroller, may | ||
transfer line item appropriations between the General Revenue | ||
Fund and the Education Assistance Fund for the following | ||
programs: | ||
(1) Disabled Student Personnel Reimbursement (Section | ||
14-13.01 of the School Code); | ||
(2) Disabled Student Transportation Reimbursement | ||
(subsection (b) of Section 14-13.01 of the School Code); | ||
(3) Disabled Student Tuition - Private Tuition | ||
(Section 14-7.02 of the School Code); | ||
(4) Extraordinary Special Education (Section 14-7.02b | ||
of the School Code); | ||
(5) Reimbursement for Free Lunch/Breakfast Programs; | ||
(6) Summer School Payments (Section 18-4.3 of the |
School Code); | ||
(7) Transportation - Regular/Vocational Reimbursement | ||
(Section 29-5 of the School Code); | ||
(8) Regular Education Reimbursement (Section 18-3 of | ||
the School Code); and | ||
(9) Special Education Reimbursement (Section 14-7.03 | ||
of the School Code). | ||
(Source: P.A. 95-707, eff. 1-11-08; 96-37, eff. 7-13-09; | ||
96-820, eff. 11-18-09; 96-959, eff. 7-1-10; 96-1086, eff. | ||
7-16-10.)
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(30 ILCS 105/25) (from Ch. 127, par. 161)
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Sec. 25. Fiscal year limitations.
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(a) All appropriations shall be
available for expenditure | ||
for the fiscal year or for a lesser period if the
Act making | ||
that appropriation so specifies. A deficiency or emergency
| ||
appropriation shall be available for expenditure only through | ||
June 30 of
the year when the Act making that appropriation is | ||
enacted unless that Act
otherwise provides.
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(b) Outstanding liabilities as of June 30, payable from | ||
appropriations
which have otherwise expired, may be paid out of | ||
the expiring
appropriations during the 2-month period ending at | ||
the
close of business on August 31. Any service involving
| ||
professional or artistic skills or any personal services by an | ||
employee whose
compensation is subject to income tax | ||
withholding must be performed as of June
30 of the fiscal year |
in order to be considered an "outstanding liability as of
June | ||
30" that is thereby eligible for payment out of the expiring
| ||
appropriation.
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(b-1) However, payment of tuition reimbursement claims | ||
under Section 14-7.03 or
18-3 of the School Code may be made by | ||
the State Board of Education from its
appropriations for those | ||
respective purposes for any fiscal year, even though
the claims | ||
reimbursed by the payment may be claims attributable to a prior
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fiscal year, and payments may be made at the direction of the | ||
State
Superintendent of Education from the fund from which the | ||
appropriation is made
without regard to any fiscal year | ||
limitations , except as required by subsection (j) of this | ||
Section. Beginning on June 30, 2021, payment of tuition | ||
reimbursement claims under Section 14-7.03 or 18-3 of the | ||
School Code as of June 30, payable from appropriations that | ||
have otherwise expired, may be paid out of the expiring | ||
appropriation during the 4-month period ending at the close of | ||
business on October 31 .
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(b-2) All outstanding liabilities as of June 30, 2010, | ||
payable from appropriations that would otherwise expire at the | ||
conclusion of the lapse period for fiscal year 2010, and | ||
interest penalties payable on those liabilities under the State | ||
Prompt Payment Act, may be paid out of the expiring | ||
appropriations until December 31, 2010, without regard to the | ||
fiscal year in which the payment is made, as long as vouchers | ||
for the liabilities are received by the Comptroller no later |
than August 31, 2010. | ||
(b-3) Medical payments may be made by the Department of | ||
Veterans' Affairs from
its
appropriations for those purposes | ||
for any fiscal year, without regard to the
fact that the | ||
medical services being compensated for by such payment may have
| ||
been rendered in a prior fiscal year , except as required by | ||
subsection (j) of this Section. Beginning on June 30, 2021, | ||
medical payments payable from appropriations that have | ||
otherwise expired may be paid out of the expiring appropriation | ||
during the 4-month period ending at the close of business on | ||
October 31 .
| ||
(b-4) Medical payments may be made by the Department of | ||
Healthcare and Family Services and medical payments and child | ||
care
payments may be made by the Department of
Human Services | ||
(as successor to the Department of Public Aid) from
| ||
appropriations for those purposes for any fiscal year,
without | ||
regard to the fact that the medical or child care services | ||
being
compensated for by such payment may have been rendered in | ||
a prior fiscal
year; and payments may be made at the direction | ||
of the Department of
Healthcare and Family Services Central | ||
Management Services from the Health Insurance Reserve Fund and | ||
the
Local Government Health Insurance Reserve Fund without | ||
regard to any fiscal
year limitations , except as required by | ||
subsection (j) of this Section. Beginning on June 30, 2021, | ||
medical payments made by the Department of Healthcare and | ||
Family Services, child care payments made by the Department of |
Human Services, and payments made at the discretion of the | ||
Department of Healthcare and Family Services from the Health | ||
Insurance Reserve Fund and the Local Government Health | ||
Insurance Reserve Fund payable from appropriations that have | ||
otherwise expired may be paid out of the expiring appropriation | ||
during the 4-month period ending at the close of business on | ||
October 31 .
| ||
(b-5) Medical payments may be made by the Department of | ||
Human Services from its appropriations relating to substance | ||
abuse treatment services for any fiscal year, without regard to | ||
the fact that the medical services being compensated for by | ||
such payment may have been rendered in a prior fiscal year, | ||
provided the payments are made on a fee-for-service basis | ||
consistent with requirements established for Medicaid | ||
reimbursement by the Department of Healthcare and Family | ||
Services , except as required by subsection (j) of this Section. | ||
Beginning on June 30, 2021, medical payments made by the | ||
Department of Human Services relating to substance abuse | ||
treatment services payable from appropriations that have | ||
otherwise expired may be paid out of the expiring appropriation | ||
during the 4-month period ending at the close of business on | ||
October 31 . | ||
(b-6) Additionally, payments may be made by the Department | ||
of Human Services from
its appropriations, or any other State | ||
agency from its appropriations with
the approval of the | ||
Department of Human Services, from the Immigration Reform
and |
Control Fund for purposes authorized pursuant to the | ||
Immigration Reform
and Control Act of 1986, without regard to | ||
any fiscal year limitations , except as required by subsection | ||
(j) of this Section. Beginning on June 30, 2021, payments made | ||
by the Department of Human Services from the Immigration Reform | ||
and Control Fund for purposes authorized pursuant to the | ||
Immigration Reform and Control Act of 1986 payable from | ||
appropriations that have otherwise expired may be paid out of | ||
the expiring appropriation during the 4-month period ending at | ||
the close of business on October 31 .
| ||
Further, with respect to costs incurred in fiscal years | ||
2002 and 2003 only,
payments may be made by the State Treasurer | ||
from its
appropriations
from the Capital Litigation Trust Fund | ||
without regard to any fiscal year
limitations.
| ||
Lease payments may be made by the Department of Central | ||
Management
Services under the sale and leaseback provisions of
| ||
Section 7.4 of
the State Property Control Act with respect to | ||
the James R. Thompson Center and
the
Elgin Mental Health Center | ||
and surrounding land from appropriations for that
purpose | ||
without regard to any fiscal year
limitations.
| ||
Lease payments may be made under the sale and leaseback | ||
provisions of
Section 7.5 of the State Property Control Act | ||
with
respect to the
Illinois State Toll Highway Authority | ||
headquarters building and surrounding
land
without regard to | ||
any fiscal year
limitations.
| ||
(b-7) Payments may be made in accordance with a plan |
authorized by paragraph (11) or (12) of Section 405-105 of the | ||
Department of Central Management Services Law from | ||
appropriations for those payments without regard to fiscal year | ||
limitations. | ||
(c) Further, payments may be made by the Department of | ||
Public Health , and the
Department of Human Services (acting as | ||
successor to the Department of Public
Health under the | ||
Department of Human Services Act) , and the Department of | ||
Healthcare and Family Services
from their respective | ||
appropriations for grants for medical care to or on
behalf of | ||
persons
suffering from chronic renal disease, persons | ||
suffering from hemophilia, rape
victims, and premature and | ||
high-mortality risk infants and their mothers and
for grants | ||
for supplemental food supplies provided under the United States
| ||
Department of Agriculture Women, Infants and Children | ||
Nutrition Program,
for any fiscal year without regard to the | ||
fact that the services being
compensated for by such payment | ||
may have been rendered in a prior fiscal year , except as | ||
required by subsection (j) of this Section. Beginning on June | ||
30, 2021, payments made by the Department of Public Health, the | ||
Department of Human Services, and the Department of Healthcare | ||
and Family Services from their respective appropriations for | ||
grants for medical care to or on behalf of persons suffering | ||
from chronic renal disease, persons suffering from hemophilia, | ||
rape victims, and premature and high-mortality risk infants and | ||
their mothers and for grants for supplemental food supplies |
provided under the United States Department of Agriculture | ||
Women, Infants and Children Nutrition Program payable from | ||
appropriations that have otherwise expired may be paid out of | ||
the expiring appropriations during the 4-month period ending at | ||
the close of business on October 31 .
| ||
(d) The Department of Public Health and the Department of | ||
Human Services
(acting as successor to the Department of Public | ||
Health under the Department of
Human Services Act) shall each | ||
annually submit to the State Comptroller, Senate
President, | ||
Senate
Minority Leader, Speaker of the House, House Minority | ||
Leader, and the
respective Chairmen and Minority Spokesmen of | ||
the
Appropriations Committees of the Senate and the House, on | ||
or before
December 31, a report of fiscal year funds used to | ||
pay for services
provided in any prior fiscal year. This report | ||
shall document by program or
service category those | ||
expenditures from the most recently completed fiscal
year used | ||
to pay for services provided in prior fiscal years.
| ||
(e) The Department of Healthcare and Family Services, the | ||
Department of Human Services
(acting as successor to the | ||
Department of Public Aid), and the Department of Human Services | ||
making fee-for-service payments relating to substance abuse | ||
treatment services provided during a previous fiscal year shall | ||
each annually
submit to the State
Comptroller, Senate | ||
President, Senate Minority Leader, Speaker of the House,
House | ||
Minority Leader, the respective Chairmen and Minority | ||
Spokesmen of the
Appropriations Committees of the Senate and |
the House, on or before November
30, a report that shall | ||
document by program or service category those
expenditures from | ||
the most recently completed fiscal year used to pay for (i)
| ||
services provided in prior fiscal years and (ii) services for | ||
which claims were
received in prior fiscal years.
| ||
(f) The Department of Human Services (as successor to the | ||
Department of
Public Aid) shall annually submit to the State
| ||
Comptroller, Senate President, Senate Minority Leader, Speaker | ||
of the House,
House Minority Leader, and the respective | ||
Chairmen and Minority Spokesmen of
the Appropriations | ||
Committees of the Senate and the House, on or before
December | ||
31, a report
of fiscal year funds used to pay for services | ||
(other than medical care)
provided in any prior fiscal year. | ||
This report shall document by program or
service category those | ||
expenditures from the most recently completed fiscal
year used | ||
to pay for services provided in prior fiscal years.
| ||
(g) In addition, each annual report required to be | ||
submitted by the
Department of Healthcare and Family Services | ||
under subsection (e) shall include the following
information | ||
with respect to the State's Medicaid program:
| ||
(1) Explanations of the exact causes of the variance | ||
between the previous
year's estimated and actual | ||
liabilities.
| ||
(2) Factors affecting the Department of Healthcare and | ||
Family Services' liabilities,
including but not limited to | ||
numbers of aid recipients, levels of medical
service |
utilization by aid recipients, and inflation in the cost of | ||
medical
services.
| ||
(3) The results of the Department's efforts to combat | ||
fraud and abuse.
| ||
(h) As provided in Section 4 of the General Assembly | ||
Compensation Act,
any utility bill for service provided to a | ||
General Assembly
member's district office for a period | ||
including portions of 2 consecutive
fiscal years may be paid | ||
from funds appropriated for such expenditure in
either fiscal | ||
year.
| ||
(i) An agency which administers a fund classified by the | ||
Comptroller as an
internal service fund may issue rules for:
| ||
(1) billing user agencies in advance for payments or | ||
authorized inter-fund transfers
based on estimated charges | ||
for goods or services;
| ||
(2) issuing credits, refunding through inter-fund | ||
transfers, or reducing future inter-fund transfers
during
| ||
the subsequent fiscal year for all user agency payments or | ||
authorized inter-fund transfers received during the
prior | ||
fiscal year which were in excess of the final amounts owed | ||
by the user
agency for that period; and
| ||
(3) issuing catch-up billings to user agencies
during | ||
the subsequent fiscal year for amounts remaining due when | ||
payments or authorized inter-fund transfers
received from | ||
the user agency during the prior fiscal year were less than | ||
the
total amount owed for that period.
|
User agencies are authorized to reimburse internal service | ||
funds for catch-up
billings by vouchers drawn against their | ||
respective appropriations for the
fiscal year in which the | ||
catch-up billing was issued or by increasing an authorized | ||
inter-fund transfer during the current fiscal year. For the | ||
purposes of this Act, "inter-fund transfers" means transfers | ||
without the use of the voucher-warrant process, as authorized | ||
by Section 9.01 of the State Comptroller Act.
| ||
(i-1) Beginning on July 1, 2021, all outstanding | ||
liabilities, not payable during the 4-month lapse period as | ||
described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and | ||
(c) of this Section, that are made from appropriations for that | ||
purpose for any fiscal year, without regard to the fact that | ||
the services being compensated for by those payments may have | ||
been rendered in a prior fiscal year, are limited to only those | ||
claims that have been incurred but for which a proper bill or | ||
invoice as defined by the State Prompt Payment Act has not been | ||
received by September 30th following the end of the fiscal year | ||
in which the service was rendered. | ||
(j) Notwithstanding any other provision of this Act, the | ||
aggregate amount of payments to be made without regard for | ||
fiscal year limitations as contained in subsections (b-1), | ||
(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and | ||
determined by using Generally Accepted Accounting Principles, | ||
shall not exceed the following amounts: | ||
(1) $6,000,000,000 for outstanding liabilities related |
to fiscal year 2012; | ||
(2) $5,300,000,000 for outstanding liabilities related | ||
to fiscal year 2013; | ||
(3) $4,600,000,000 for outstanding liabilities related | ||
to fiscal year 2014; | ||
(4) $4,000,000,000 for outstanding liabilities related | ||
to fiscal year 2015; | ||
(5) $3,300,000,000 for outstanding liabilities related | ||
to fiscal year 2016; | ||
(6) $2,600,000,000 for outstanding liabilities related | ||
to fiscal year 2017; | ||
(7) $2,000,000,000 for outstanding liabilities related | ||
to fiscal year 2018; | ||
(8) $1,300,000,000 for outstanding liabilities related | ||
to fiscal year 2019; | ||
(9) $600,000,000 for outstanding liabilities related | ||
to fiscal year 2020; and | ||
(10) $0 for outstanding liabilities related to fiscal | ||
year 2021 and fiscal years thereafter. | ||
(Source: P.A. 95-331, eff. 8-21-07; 96-928, eff. 6-15-10; | ||
96-958, eff. 7-1-10; revised 7-22-10.)
| ||
Section 15. The State Prompt Payment Act is amended by | ||
changing Section 3-2 as follows:
| ||
(30 ILCS 540/3-2)
|
Sec. 3-2. Beginning July 1, 1993, in any instance where a | ||
State official or
agency is late in payment of a vendor's bill | ||
or invoice for goods or services
furnished to the State, as | ||
defined in Section 1, properly approved in
accordance with | ||
rules promulgated under Section 3-3, the State official or
| ||
agency shall pay interest to the vendor in accordance with the | ||
following:
| ||
(1) Any bill, except a bill submitted under Article V | ||
of the Illinois Public Aid Code, approved for payment under | ||
this Section must be paid
or the payment issued to the | ||
payee within 60 days of receipt
of a proper bill or | ||
invoice.
If payment is not issued to the payee within this | ||
60 day
period, an
interest penalty of 1.0% of any amount | ||
approved and unpaid shall be added
for each month or | ||
fraction thereof after the end of this 60 day period,
until | ||
final payment is made. Any bill , except a bill for pharmacy | ||
services or goods, submitted under Article V of the | ||
Illinois Public Aid Code approved for payment under this | ||
Section must be paid
or the payment issued to the payee | ||
within 60 days after receipt
of a proper bill or invoice, | ||
and,
if payment is not issued to the payee within this | ||
60-day
period, an
interest penalty of 2.0% of any amount | ||
approved and unpaid shall be added
for each month or | ||
fraction thereof after the end of this 60-day period,
until | ||
final payment is made. Any bill for pharmacy services or | ||
goods submitted under Article V of the Illinois Public Aid |
Code, approved for payment under this Section must be paid | ||
or the payment issued to the payee within 60 days of | ||
receipt of a proper bill or invoice. If payment is not | ||
issued to the payee within this 60 day period, an interest | ||
penalty of 1.0% of any amount approved and unpaid shall be | ||
added for each month or fraction thereof after the end of | ||
this 60 day period, until final payment is made.
| ||
(1.1) A State agency shall review in a timely manner | ||
each bill or
invoice after its receipt. If the
State agency | ||
determines that the bill or invoice contains a defect | ||
making it
unable to process the payment request, the agency
| ||
shall notify the vendor requesting payment as soon as | ||
possible after
discovering the
defect pursuant to rules | ||
promulgated under Section 3-3; provided, however, that the | ||
notice for construction related bills or invoices must be | ||
given not later than 30 days after the bill or invoice was | ||
first submitted. The notice shall
identify the defect and | ||
any additional information
necessary to correct the | ||
defect. If one or more items on a construction related bill | ||
or invoice are disapproved, but not the entire bill or | ||
invoice, then the portion that is not disapproved shall be | ||
paid.
| ||
(2) Where a State official or agency is late in payment | ||
of a
vendor's bill or invoice properly approved in | ||
accordance with this Act, and
different late payment terms | ||
are not reduced to writing as a contractual
agreement, the |
State official or agency shall automatically pay interest
| ||
penalties required by this Section amounting to $50 or more | ||
to the appropriate
vendor. Each agency shall be responsible | ||
for determining whether an interest
penalty
is
owed and
for | ||
paying the interest to the vendor.
Interest due to a vendor | ||
that amounts to less than $50 shall not be paid but shall | ||
be accrued until all interest due the vendor for all | ||
similar warrants exceeds $50, at which time the accrued | ||
interest shall be payable and interest will begin accruing | ||
again, except that interest accrued as of the end of the | ||
fiscal year that does not exceed $50 shall be payable at | ||
that time. In the event an
individual has paid a vendor for | ||
services in advance, the provisions of this
Section shall | ||
apply until payment is made to that individual.
| ||
(3) The provisions of this amendatory Act of the 96th | ||
General Assembly reducing the interest rate on pharmacy | ||
claims under Article V of the Illinois Public Aid Code to | ||
1.0% per month shall apply to any pharmacy bills for | ||
services and goods under Article V of the Illinois Public | ||
Aid Code received on or after the date 60 days before the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly. | ||
(Source: P.A. 96-555, eff. 8-18-09; 96-802, eff. 1-1-10; | ||
96-959, eff. 7-1-10; 96-1000, eff. 7-2-10.)
| ||
Section 20. The Illinois Income Tax Act is amended by |
changing Section 917 as follows:
| ||
(35 ILCS 5/917) (from Ch. 120, par. 9-917)
| ||
Sec. 917. Confidentiality and information sharing.
| ||
(a) Confidentiality.
Except as provided in this Section, | ||
all information received by the Department
from returns filed | ||
under this Act, or from any investigation conducted under
the | ||
provisions of this Act, shall be confidential, except for | ||
official purposes
within the Department or pursuant to official | ||
procedures for collection
of any State tax or pursuant to an | ||
investigation or audit by the Illinois
State Scholarship | ||
Commission of a delinquent student loan or monetary award
or | ||
enforcement of any civil or criminal penalty or sanction
| ||
imposed by this Act or by another statute imposing a State tax, | ||
and any
person who divulges any such information in any manner, | ||
except for such
purposes and pursuant to order of the Director | ||
or in accordance with a proper
judicial order, shall be guilty | ||
of a Class A misdemeanor. However, the
provisions of this | ||
paragraph are not applicable to information furnished
to (i) | ||
the Department of Healthcare and Family Services (formerly
| ||
Department of Public Aid), State's Attorneys, and the Attorney | ||
General for child support enforcement purposes and (ii) a | ||
licensed attorney representing the taxpayer where an appeal or | ||
a protest
has been filed on behalf of the taxpayer. If it is | ||
necessary to file information obtained pursuant to this Act in | ||
a child support enforcement proceeding, the information shall |
be filed under seal.
| ||
(b) Public information. Nothing contained in this Act shall | ||
prevent
the Director from publishing or making available to the | ||
public the names
and addresses of persons filing returns under | ||
this Act, or from publishing
or making available reasonable | ||
statistics concerning the operation of the
tax wherein the | ||
contents of returns are grouped into aggregates in such a
way | ||
that the information contained in any individual return shall | ||
not be
disclosed.
| ||
(c) Governmental agencies. The Director may make available | ||
to the
Secretary of the Treasury of the United States or his | ||
delegate, or the
proper officer or his delegate of any other | ||
state imposing a tax upon or
measured by income, for | ||
exclusively official purposes, information received
by the | ||
Department in the administration of this Act, but such | ||
permission
shall be granted only if the United States or such | ||
other state, as the case
may be, grants the Department | ||
substantially similar privileges. The Director
may exchange | ||
information with the Department of Healthcare and Family | ||
Services and the
Department of Human Services (acting as | ||
successor to the Department of Public
Aid under the Department | ||
of Human Services Act) for
the purpose of verifying sources and | ||
amounts of income and for other purposes
directly connected | ||
with the administration of this Act , the Illinois Public Aid | ||
Code, and any other health benefit program administered by the | ||
State and the Illinois
Public Aid Code . The Director may |
exchange information with the Director of
the Department of | ||
Employment Security for the purpose of verifying sources
and | ||
amounts of income and for other purposes directly connected | ||
with the
administration of this Act and Acts administered by | ||
the Department of
Employment
Security.
The Director may make | ||
available to the Illinois Workers' Compensation Commission
| ||
information regarding employers for the purpose of verifying | ||
the insurance
coverage required under the Workers' | ||
Compensation Act and Workers'
Occupational Diseases Act. The | ||
Director may exchange information with the Illinois Department | ||
on Aging for the purpose of verifying sources and amounts of | ||
income for purposes directly related to confirming eligibility | ||
for participation in the programs of benefits authorized by the | ||
Senior Citizens and Disabled Persons Property Tax Relief and | ||
Pharmaceutical Assistance Act.
| ||
The Director may make available to any State agency, | ||
including the
Illinois Supreme Court, which licenses persons to | ||
engage in any occupation,
information that a person licensed by | ||
such agency has failed to file
returns under this Act or pay | ||
the tax, penalty and interest shown therein,
or has failed to | ||
pay any final assessment of tax, penalty or interest due
under | ||
this Act.
The Director may make available to any State agency, | ||
including the Illinois
Supreme
Court, information regarding | ||
whether a bidder, contractor, or an affiliate of a
bidder or
| ||
contractor has failed to file returns under this Act or pay the | ||
tax, penalty,
and interest
shown therein, or has failed to pay |
any final assessment of tax, penalty, or
interest due
under | ||
this Act, for the limited purpose of enforcing bidder and | ||
contractor
certifications.
For purposes of this Section, the | ||
term "affiliate" means any entity that (1)
directly,
| ||
indirectly, or constructively controls another entity, (2) is | ||
directly,
indirectly, or
constructively controlled by another | ||
entity, or (3) is subject to the control
of
a common
entity. | ||
For purposes of this subsection (a), an entity controls another | ||
entity
if
it owns,
directly or individually, more than 10% of | ||
the voting securities of that
entity.
As used in
this | ||
subsection (a), the term "voting security" means a security | ||
that (1)
confers upon the
holder the right to vote for the | ||
election of members of the board of directors
or similar
| ||
governing body of the business or (2) is convertible into, or | ||
entitles the
holder to receive
upon its exercise, a security | ||
that confers such a right to vote. A general
partnership
| ||
interest is a voting security.
| ||
The Director may make available to any State agency, | ||
including the
Illinois
Supreme Court, units of local | ||
government, and school districts, information
regarding
| ||
whether a bidder or contractor is an affiliate of a person who | ||
is not
collecting
and
remitting Illinois Use taxes, for the | ||
limited purpose of enforcing bidder and
contractor
| ||
certifications.
| ||
The Director may also make available to the Secretary of | ||
State
information that a corporation which has been issued a |
certificate of
incorporation by the Secretary of State has | ||
failed to file returns under
this Act or pay the tax, penalty | ||
and interest shown therein, or has failed
to pay any final | ||
assessment of tax, penalty or interest due under this Act.
An | ||
assessment is final when all proceedings in court for
review of | ||
such assessment have terminated or the time for the taking
| ||
thereof has expired without such proceedings being instituted. | ||
For
taxable years ending on or after December 31, 1987, the | ||
Director may make
available to the Director or principal | ||
officer of any Department of the
State of Illinois, information | ||
that a person employed by such Department
has failed to file | ||
returns under this Act or pay the tax, penalty and
interest | ||
shown therein. For purposes of this paragraph, the word
| ||
"Department" shall have the same meaning as provided in Section | ||
3 of the
State Employees Group Insurance Act of 1971.
| ||
(d) The Director shall make available for public
inspection | ||
in the Department's principal office and for publication, at | ||
cost,
administrative decisions issued on or after January
1, | ||
1995. These decisions are to be made available in a manner so | ||
that the
following
taxpayer information is not disclosed:
| ||
(1) The names, addresses, and identification numbers | ||
of the taxpayer,
related entities, and employees.
| ||
(2) At the sole discretion of the Director, trade | ||
secrets
or other confidential information identified as | ||
such by the taxpayer, no later
than 30 days after receipt | ||
of an administrative decision, by such means as the
|
Department shall provide by rule.
| ||
The Director shall determine the
appropriate extent of the
| ||
deletions allowed in paragraph (2). In the event the taxpayer | ||
does not submit
deletions,
the Director shall make only the | ||
deletions specified in paragraph (1).
| ||
The Director shall make available for public inspection and | ||
publication an
administrative decision within 180 days after | ||
the issuance of the
administrative
decision. The term | ||
"administrative decision" has the same meaning as defined in
| ||
Section 3-101 of Article III of the Code of Civil Procedure. | ||
Costs collected
under this Section shall be paid into the Tax | ||
Compliance and Administration
Fund.
| ||
(e) Nothing contained in this Act shall prevent the | ||
Director from
divulging
information to any person pursuant to a | ||
request or authorization made by the
taxpayer, by an authorized | ||
representative of the taxpayer, or, in the case of
information | ||
related to a joint return, by the spouse filing the joint | ||
return
with the taxpayer.
| ||
(Source: P.A. 94-1074, eff. 12-26-06; 95-331, eff. 8-21-07.)
| ||
Section 25. The Illinois Insurance Code is amended by | ||
changing Section 5.5 as follows: | ||
(215 ILCS 5/5.5) | ||
Sec. 5.5. Compliance with the Department of Healthcare and | ||
Family Services. A company authorized to do business in this |
State or accredited by the State to issue policies of health | ||
insurance, including but not limited to, self-insured plans, | ||
group health plans (as defined in Section 607(1) of the | ||
Employee Retirement Income Security Act of 1974), service | ||
benefit plans, managed care organizations, pharmacy benefit | ||
managers, or other parties that are by statute, contract, or | ||
agreement legally responsible for payment of a claim for a | ||
health care item or service as a condition of doing business in | ||
the State must: | ||
(1) provide to the Department of Healthcare and Family | ||
Services, or any successor agency, on at least a quarterly | ||
basis if so requested by the Department, information upon | ||
request information to determine during what period any | ||
individual may be, or may have been, covered by a health | ||
insurer and the nature of the coverage that is or was | ||
provided by the health insurer, including the name, | ||
address, and identifying number of the plan; | ||
(2) accept the State's right of recovery and the | ||
assignment to the State of any right of an individual or | ||
other entity to payment from the party for an item or | ||
service for which payment has been made under the medical | ||
programs of the Department of Healthcare and Family | ||
Services, or any successor agency, under this Code or the | ||
Illinois Public Aid Code; | ||
(3) respond to any inquiry by the Department of | ||
Healthcare and Family Services regarding a claim for |
payment for any health care item or service that is | ||
submitted not later than 3 years after the date of the | ||
provision of such health care item or service; and | ||
(4) agree not to deny a claim submitted by the | ||
Department of Healthcare and Family Services solely on the | ||
basis of the date of submission of the claim, the type or | ||
format of the claim form, or a failure to present proper | ||
documentation at the point-of-sale that is the basis of the | ||
claim if (i) the claim is submitted by the Department of | ||
Healthcare and Family Services within the 3-year period | ||
beginning on the date on which the item or service was | ||
furnished and (ii) any action by the Department of | ||
Healthcare and Family Services to enforce its rights with | ||
respect to such claim is commenced within 6 years of its | ||
submission of such claim.
| ||
In cases in which the Department of Healthcare and Family | ||
Services has determined that an entity that provides health | ||
insurance coverage has established a pattern of failure to | ||
provide the information required under this Section, and has | ||
subsequently certified that determination, along with | ||
supporting documentation, to the Director of the Department of | ||
Insurance, the Director of the Department of Insurance, based | ||
upon the certification of determination made by the Department | ||
of Healthcare and Family Services, may commence regulatory | ||
proceedings in accordance with all applicable provisions of the | ||
Illinois Insurance Code. |
(Source: P.A. 95-632, eff. 9-25-07.) | ||
Section 30. The Children's Health Insurance Program Act is | ||
amended by changing Section 15 and by adding Sections 7, 21, | ||
23, and 26 as follows: | ||
(215 ILCS 106/7 new) | ||
Sec. 7. Eligibility verification. Notwithstanding any | ||
other provision of this Act, with respect to applications for | ||
benefits provided under the Program, eligibility shall be | ||
determined in a manner that ensures program integrity and that | ||
complies with federal law and regulations while minimizing | ||
unnecessary barriers to enrollment. To this end, as soon as | ||
practicable, and unless the Department receives written denial | ||
from the federal government, this Section shall be implemented: | ||
(a) The Department of Healthcare and Family Services or its | ||
designees shall: | ||
(1) By no later than July 1, 2011, require verification | ||
of, at a minimum, one month's income from all sources | ||
required for determining the eligibility of applicants to | ||
the Program. Such verification shall take the form of pay | ||
stubs, business or income and expense records for | ||
self-employed persons, letters from employers, and any | ||
other valid documentation of income including data | ||
obtained electronically by the Department or its designees | ||
from other sources as described in subsection (b) of this |
Section. | ||
(2) By no later than October 1, 2011, require | ||
verification of, at a minimum, one month's income from all | ||
sources required for determining the continued eligibility | ||
of recipients at their annual review of eligibility under | ||
the Program. Such verification shall take the form of pay | ||
stubs, business or income and expense records for | ||
self-employed persons, letters from employers, and any | ||
other valid documentation of income including data | ||
obtained electronically by the Department or its designees | ||
from other sources as described in subsection (b) of this | ||
Section. The Department shall send a notice to the | ||
recipient at least 60 days prior to the end of the period | ||
of eligibility that informs them of the requirements for | ||
continued eligibility. If a recipient does not fulfill the | ||
requirements for continued eligibility by the deadline | ||
established in the notice, a notice of cancellation shall | ||
be issued to the recipient and coverage shall end on the | ||
last day of the eligibility period. A recipient's | ||
eligibility may be reinstated without requiring a new | ||
application if the recipient fulfills the requirements for | ||
continued eligibility prior to the end of the month | ||
following the last date of coverage. Nothing in this | ||
Section shall prevent an individual whose coverage has been | ||
cancelled from reapplying for health benefits at any time. | ||
(3) By no later than July 1, 2011, require verification |
of Illinois residency. | ||
(b) The Department shall establish or continue cooperative
| ||
arrangements with the Social Security Administration, the
| ||
Illinois Secretary of State, the Department of Human Services,
| ||
the Department of Revenue, the Department of Employment | ||
Security, and any other appropriate entity to gain electronic
| ||
access, to the extent allowed by law, to information available | ||
to those entities that may be appropriate for electronically
| ||
verifying any factor of eligibility for benefits under the
| ||
Program. Data relevant to eligibility shall be provided for no
| ||
other purpose than to verify the eligibility of new applicants | ||
or current recipients of health benefits under the Program. | ||
Data will be requested or provided for any new applicant or | ||
current recipient only insofar as that individual's | ||
circumstances are relevant to that individual's or another | ||
individual's eligibility. | ||
(c) Within 90 days of the effective date of this amendatory | ||
Act of the 96th General Assembly, the Department of Healthcare | ||
and Family Services shall send notice to current recipients | ||
informing them of the changes regarding their eligibility | ||
verification.
| ||
(215 ILCS 106/15)
| ||
Sec. 15. Operation of the Program. There is hereby created | ||
a
Children's Health Insurance Program. The Program shall | ||
operate subject
to appropriation and shall be administered by |
the Department of Healthcare and Family Services. The | ||
Department shall have the powers and authority granted to the
| ||
Department under the Illinois Public Aid Code , including, but | ||
not limited to, Section 11-5.1 of the Code . The Department may | ||
contract
with a Third Party Administrator or other entities to | ||
administer and oversee
any portion of this Program.
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
(215 ILCS 106/21 new) | ||
Sec. 21. Presumptive eligibility. Beginning on the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly and except where federal law requires presumptive | ||
eligibility, no adult may be presumed eligible for health care | ||
coverage under the Program, and the Department may not cover | ||
any service rendered to an adult unless the adult has completed | ||
an application for benefits, all required verifications have | ||
been received and the Department or its designee has found the | ||
adult eligible for the date on which that service was provided. | ||
Nothing in this Section shall apply to pregnant women. | ||
(215 ILCS 106/23 new) | ||
Sec. 23. Care coordination. | ||
(a) At least 50% of recipients eligible for comprehensive | ||
medical benefits in all medical assistance programs or other | ||
health benefit programs administered by the Department, | ||
including the Children's Health Insurance Program Act and the |
Covering ALL KIDS Health Insurance Act, shall be enrolled in a | ||
care coordination program by no later than January 1, 2015. For | ||
purposes of this Section, "coordinated care" or "care | ||
coordination" means delivery systems where recipients will | ||
receive their care from providers who participate under | ||
contract in integrated delivery systems that are responsible | ||
for providing or arranging the majority of care, including | ||
primary care physician services, referrals from primary care | ||
physicians, diagnostic and treatment services, behavioral | ||
health services, in-patient and outpatient hospital services, | ||
dental services, and rehabilitation and long-term care | ||
services. The Department shall designate or contract for such | ||
integrated delivery systems (i) to ensure enrollees have a | ||
choice of systems and of primary care providers within such | ||
systems; (ii) to ensure that enrollees receive quality care in | ||
a culturally and linguistically appropriate manner; and (iii) | ||
to ensure that coordinated care programs meet the diverse needs | ||
of enrollees with developmental, mental health, physical, and | ||
age-related disabilities. | ||
(b) Payment for such coordinated care shall be based on | ||
arrangements where the State pays for performance related to | ||
health care outcomes, the use of evidence-based practices, the | ||
use of primary care delivered through comprehensive medical | ||
homes, the use of electronic medical records, and the | ||
appropriate exchange of health information electronically made | ||
either on a capitated basis in which a fixed monthly premium |
per recipient is paid and full financial risk is assumed for | ||
the delivery of services, or through other risk-based payment | ||
arrangements. | ||
(c) To qualify for compliance with this Section, the 50% | ||
goal shall be achieved by enrolling medical assistance | ||
enrollees from each medical assistance enrollment category, | ||
including parents, children, seniors, and people with | ||
disabilities to the extent that current State Medicaid payment | ||
laws would not limit federal matching funds for recipients in | ||
care coordination programs. In addition, services must be more | ||
comprehensively defined and more risk shall be assumed than in | ||
the Department's primary care case management program as of the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly. | ||
(d) The Department shall report to the General Assembly in | ||
a separate part of its annual medical assistance program | ||
report, beginning April, 2012 until April, 2016, on the | ||
progress and implementation of the care coordination program | ||
initiatives established by the provisions of this amendatory | ||
Act of the 96th General Assembly. The Department shall include | ||
in its April 2011 report a full analysis of federal laws or | ||
regulations regarding upper payment limitations to providers | ||
and the necessary revisions or adjustments in rate | ||
methodologies and payments to providers under this Code that | ||
would be necessary to implement coordinated care with full | ||
financial risk by a party other than the Department. |
(215 ILCS 106/26 new) | ||
Sec. 26. Moratorium on eligibility expansions. Beginning | ||
on the effective date of this amendatory Act of the 96th | ||
General Assembly, there shall be a 2-year moratorium on the | ||
expansion of eligibility through increasing financial | ||
eligibility standards, or through increasing income | ||
disregards, or through the creation of new programs that would | ||
add new categories of eligible individuals under the medical | ||
assistance program under the Illinois Public Aid Code in | ||
addition to those categories covered on January 1, 2011. This | ||
moratorium shall not apply to expansions required as a federal | ||
condition of State participation in the medical assistance | ||
program. | ||
Section 35. The Covering ALL KIDS Health Insurance Act is | ||
amended by changing Sections 15, 20, and 98 and by adding | ||
Sections 7, 21, 36, and 56 as follows: | ||
(215 ILCS 170/7 new) | ||
Sec. 7. Eligibility verification. Notwithstanding any | ||
other provision of this Act, with respect to applications for | ||
benefits provided under the Program, eligibility shall be | ||
determined in a manner that ensures program integrity and that | ||
complies with federal law and regulations while minimizing | ||
unnecessary barriers to enrollment. To this end, as soon as |
practicable, and unless the Department receives written denial | ||
from the federal government, this Section shall be implemented: | ||
(a) The Department of Healthcare and Family Services or its | ||
designees shall: | ||
(1) By July 1, 2011, require verification of, at a | ||
minimum, one month's income from all sources required for | ||
determining the eligibility of applicants to the Program.
| ||
Such verification shall take the form of pay stubs, | ||
business or income and expense records for self-employed | ||
persons, letters from employers, and any other valid | ||
documentation of income including data obtained | ||
electronically by the Department or its designees from | ||
other sources as described in subsection (b) of this | ||
Section. | ||
(2) By October 1, 2011, require verification of, at a | ||
minimum, one month's income from all sources required for | ||
determining the continued eligibility of recipients at | ||
their annual review of eligibility under the Program. Such | ||
verification shall take the form of pay stubs, business or | ||
income and expense records for self-employed persons, | ||
letters from employers, and any other valid documentation | ||
of income including data obtained electronically by the | ||
Department or its designees from other sources as described | ||
in subsection (b) of this Section. The Department shall | ||
send a notice to
recipients at least 60 days prior to the | ||
end of their period
of eligibility that informs them of the
|
requirements for continued eligibility. If a recipient
| ||
does not fulfill the requirements for continued | ||
eligibility by the
deadline established in the notice, a | ||
notice of cancellation shall be issued to the recipient and | ||
coverage shall end on the last day of the eligibility | ||
period. A recipient's eligibility may be reinstated | ||
without requiring a new application if the recipient | ||
fulfills the requirements for continued eligibility prior | ||
to the end of the month following the last date of | ||
coverage. Nothing in this Section shall prevent an | ||
individual whose coverage has been cancelled from | ||
reapplying for health benefits at any time. | ||
(3) By July 1, 2011, require verification of Illinois | ||
residency. | ||
(b) The Department shall establish or continue cooperative
| ||
arrangements with the Social Security Administration, the
| ||
Illinois Secretary of State, the Department of Human Services,
| ||
the Department of Revenue, the Department of Employment
| ||
Security, and any other appropriate entity to gain electronic
| ||
access, to the extent allowed by law, to information available
| ||
to those entities that may be appropriate for electronically
| ||
verifying any factor of eligibility for benefits under the
| ||
Program. Data relevant to eligibility shall be provided for no
| ||
other purpose than to verify the eligibility of new applicants | ||
or current recipients of health benefits under the Program. | ||
Data will be requested or provided for any new applicant or |
current recipient only insofar as that individual's | ||
circumstances are relevant to that individual's or another | ||
individual's eligibility. | ||
(c) Within 90 days of the effective date of this amendatory | ||
Act of the 96th General Assembly, the Department of Healthcare | ||
and Family Services shall send notice to current recipients | ||
informing them of the changes regarding their eligibility | ||
verification. | ||
(215 ILCS 170/15) | ||
(Section scheduled to be repealed on July 1, 2011)
| ||
Sec. 15. Operation of Program. The Covering ALL KIDS Health | ||
Insurance Program is created. The Program shall be administered | ||
by the Department of Healthcare and Family Services. The | ||
Department shall have the same powers and authority to | ||
administer the Program as are provided to the Department in | ||
connection with the Department's administration of the | ||
Illinois Public Aid Code , including, but not limited to, the | ||
provisions under Section 11-5.1 of the Code, and the Children's | ||
Health Insurance Program Act. The Department shall coordinate | ||
the Program with the existing children's health programs | ||
operated by the Department and other State agencies.
| ||
(Source: P.A. 94-693, eff. 7-1-06 .) | ||
(215 ILCS 170/20) | ||
(Section scheduled to be repealed on July 1, 2011)
|
Sec. 20. Eligibility. | ||
(a) To be eligible for the Program, a person must be a | ||
child:
| ||
(1) who is a resident of the State of Illinois; and | ||
(2) who is ineligible for medical assistance under the | ||
Illinois Public Aid Code or benefits under the Children's | ||
Health Insurance Program Act; and
| ||
(3) either (i) who has been without health insurance | ||
coverage for a period set forth by the Department in rules, | ||
but not less than 6 months during the first month of | ||
operation of the Program, 7 months during the second month | ||
of operation, 8 months during the third month of operation, | ||
9 months during the fourth month of operation, 10 months | ||
during the fifth month of operation, 11 months during the | ||
sixth month of operation, and 12 months thereafter , (ii) | ||
whose parent has lost employment that made available | ||
affordable dependent health insurance coverage, until such | ||
time as affordable employer-sponsored dependent health | ||
insurance coverage is again available for the child as set | ||
forth by the Department in rules, (iii) who is a newborn | ||
whose responsible relative does not have available | ||
affordable private or employer-sponsored health insurance, | ||
or (iv) who, within one year of applying for coverage under | ||
this Act, lost medical benefits under the Illinois Public | ||
Aid Code or the Children's Health Insurance Program Act ; | ||
and . |
(3.5) whose household income, as determined by the | ||
Department, is at or below 300% of the federal poverty | ||
level. This item (3.5) is effective July 1, 2011. | ||
An entity that provides health insurance coverage (as | ||
defined in Section 2 of the Comprehensive Health Insurance Plan | ||
Act) to Illinois residents shall provide health insurance data | ||
match to the Department of Healthcare and Family Services as | ||
provided by and subject to Section 5.5 of the Illinois | ||
Insurance Code for the purpose of determining eligibility for | ||
the Program under this Act . | ||
The Department of Healthcare and Family Services, in | ||
collaboration with the Department of Financial and | ||
Professional Regulation, Division of Insurance, shall adopt | ||
rules governing the exchange of information under this Section. | ||
The rules shall be consistent with all laws relating to the | ||
confidentiality or privacy of personal information or medical | ||
records, including provisions under the Federal Health | ||
Insurance Portability and Accountability Act (HIPAA). | ||
(b) The Department shall monitor the availability and | ||
retention of employer-sponsored dependent health insurance | ||
coverage and shall modify the period described in subdivision | ||
(a)(3) if necessary to promote retention of private or | ||
employer-sponsored health insurance and timely access to | ||
healthcare services, but at no time shall the period described | ||
in subdivision (a)(3) be less than 6 months.
| ||
(c) The Department, at its discretion, may take into |
account the affordability of dependent health insurance when | ||
determining whether employer-sponsored dependent health | ||
insurance coverage is available upon reemployment of a child's | ||
parent as provided in subdivision (a)(3). | ||
(d) A child who is determined to be eligible for the | ||
Program shall remain eligible for 12 months, provided that the | ||
child maintains his or her residence in this State, has not yet | ||
attained 19 years of age, and is not excluded under subsection | ||
(e). | ||
(e) A child is not eligible for coverage under the Program | ||
if: | ||
(1) the premium required under Section 40 has not been | ||
timely paid; if the required premiums are not paid, the | ||
liability of the Program shall be limited to benefits | ||
incurred under the Program for the time period for which | ||
premiums have been paid; re-enrollment shall be completed | ||
before the next covered medical visit, and the first | ||
month's required premium shall be paid in advance of the | ||
next covered medical visit; or | ||
(2) the child is an inmate of a public institution or | ||
an institution for mental diseases.
| ||
(f) The Department may shall adopt eligibility rules, | ||
including, but not limited to: rules regarding annual renewals | ||
of eligibility for the Program in conformance with Section 7 of | ||
this Act; rules regarding annual renewals of eligibility for | ||
the Program; rules providing for re-enrollment, grace periods, |
notice requirements, and hearing procedures under subdivision | ||
(e)(1) of this Section; and rules regarding what constitutes | ||
availability and affordability of private or | ||
employer-sponsored health insurance, with consideration of | ||
such factors as the percentage of income needed to purchase | ||
children or family health insurance, the availability of | ||
employer subsidies, and other relevant factors.
| ||
(g) Each child enrolled in the Program as of July 1, 2011 | ||
whose family income, as established by the Department, exceeds | ||
300% of the federal poverty level may remain enrolled in the | ||
Program for 12 additional months commencing July 1, 2011. | ||
Continued enrollment pursuant to this subsection shall be | ||
available only if the child continues to meet all eligibility | ||
criteria established under the Program as of the effective date | ||
of this amendatory Act of the 96th General Assembly without a | ||
break in coverage. Nothing contained in this subsection shall | ||
prevent a child from qualifying for any other health benefits | ||
program operated by the Department. | ||
(Source: P.A. 96-1272, eff. 1-1-11.) | ||
(215 ILCS 170/21 new) | ||
Sec. 21. Presumptive eligibility. Beginning on the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly and except where federal law or regulation requires | ||
presumptive eligibility, no adult may be presumed eligible for | ||
health care coverage under the Program and the Department may |
not cover any service rendered to an adult unless the adult has | ||
completed an application for benefits, all required | ||
verifications have been received, and the Department or its | ||
designee has found the adult eligible for the date on which | ||
that service was provided. Nothing in this Section shall apply | ||
to pregnant women. | ||
(215 ILCS 170/36 new) | ||
Sec. 36. Moratorium on eligibility expansions. Beginning | ||
on the effective date of this amendatory Act of the 96th | ||
General Assembly, there shall be a 2-year moratorium on the | ||
expansion of eligibility through increasing financial | ||
eligibility standards, or through increasing income | ||
disregards, or through the creation of new programs that would | ||
add new categories of eligible individuals under the medical | ||
assistance program under the Illinois Public Aid Code in | ||
addition to those categories covered on January 1, 2011. This | ||
moratorium shall not apply to expansions required as a federal | ||
condition of State participation in the medical assistance | ||
program. | ||
(215 ILCS 170/56 new) | ||
Sec. 56. Care coordination. | ||
(a) At least 50% of recipients eligible for comprehensive | ||
medical benefits in all medical assistance programs or other | ||
health benefit programs administered by the Department, |
including the Children's Health Insurance Program Act and the | ||
Covering ALL KIDS Health Insurance Act, shall be enrolled in a | ||
care coordination program by no later than January 1, 2015. For | ||
purposes of this Section, "coordinated care" or "care | ||
coordination" means delivery systems where recipients will | ||
receive their care from providers who participate under | ||
contract in integrated delivery systems that are responsible | ||
for providing or arranging the majority of care, including | ||
primary care physician services, referrals from primary care | ||
physicians, diagnostic and treatment services, behavioral | ||
health services, in-patient and outpatient hospital services, | ||
dental services, and rehabilitation and long-term care | ||
services. The Department shall designate or contract for such | ||
integrated delivery systems (i) to ensure enrollees have a | ||
choice of systems and of primary care providers within such | ||
systems; (ii) to ensure that enrollees receive quality care in | ||
a culturally and linguistically appropriate manner; and (iii) | ||
to ensure that coordinated care programs meet the diverse needs | ||
of enrollees with developmental, mental health, physical, and | ||
age-related disabilities. | ||
(b) Payment for such coordinated care shall be based on | ||
arrangements where the State pays for performance related to | ||
health care outcomes, the use of evidence-based practices, the | ||
use of primary care delivered through comprehensive medical | ||
homes, the use of electronic medical records, and the | ||
appropriate exchange of health information electronically made |
either on a capitated basis in which a fixed monthly premium | ||
per recipient is paid and full financial risk is assumed for | ||
the delivery of services, or through other risk-based payment | ||
arrangements. | ||
(c) To qualify for compliance with this Section, the 50% | ||
goal shall be achieved by enrolling medical assistance | ||
enrollees from each medical assistance enrollment category, | ||
including parents, children, seniors, and people with | ||
disabilities to the extent that current State Medicaid payment | ||
laws would not limit federal matching funds for recipients in | ||
care coordination programs. In addition, services must be more | ||
comprehensively defined and more risk shall be assumed than in | ||
the Department's primary care case management program as of the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly. | ||
(d) The Department shall report to the General Assembly in | ||
a separate part of its annual medical assistance program | ||
report, beginning April, 2012 until April, 2016, on the | ||
progress and implementation of the care coordination program | ||
initiatives established by the provisions of this amendatory | ||
Act of the 96th General Assembly. The Department shall include | ||
in its April 2011 report a full analysis of federal laws or | ||
regulations regarding upper payment limitations to providers | ||
and the necessary revisions or adjustments in rate | ||
methodologies and payments to providers under this Code that | ||
would be necessary to implement coordinated care with full |
financial risk by a party other than the Department. | ||
(215 ILCS 170/98) | ||
(Section scheduled to be repealed on July 1, 2011)
| ||
Sec. 98. Repealer. This Act is repealed on July 1, 2016 | ||
July 1, 2011 .
| ||
(Source: P.A. 94-693, eff. 7-1-06 .) | ||
Section 40. The Illinois Public Aid Code is amended by | ||
changing Sections 5-4.1, 5-5.12, 5-11, 8A-2.5, and 11-26 and by | ||
adding Sections 5-1.3, 5-1.4, 5-2.03, 5-11a, 5-29, 5-30, and | ||
11-5.1 as follows: | ||
(305 ILCS 5/5-1.3 new) | ||
Sec. 5-1.3. Payer of last resort. To the extent permissible | ||
under federal law, the State may pay for medical services only | ||
after payment from all other sources of payment have been | ||
exhausted, or after the Department has determined that pursuit | ||
of such payment is economically unfeasible. Applicants for, and | ||
recipients of, medical assistance under this Code shall | ||
disclose to the State all insurance coverage they have. To the | ||
extent permissible under federal law, the State shall require | ||
vendors of medical services to bill third-party payers for | ||
services that may be covered by those third-party payers prior | ||
to submission of a request for payment to the State. The | ||
Department shall, to the extent permissible under federal law, |
reject a request for payment of a medical service that should | ||
first have been submitted to a third-party payer. | ||
(305 ILCS 5/5-1.4 new) | ||
Sec. 5-1.4. Moratorium on eligibility expansions. | ||
Beginning on the effective date of this amendatory Act of the | ||
96th General Assembly, there shall be a 2-year moratorium on | ||
the expansion of eligibility through increasing financial | ||
eligibility standards, or through increasing income | ||
disregards, or through the creation of new programs which would | ||
add new categories of eligible individuals under the medical | ||
assistance program in addition to those categories covered on | ||
January 1, 2011. This moratorium shall not apply to expansions | ||
required as a federal condition of State participation in the | ||
medical assistance program. | ||
(305 ILCS 5/5-2.03 new) | ||
Sec. 5-2.03. Presumptive eligibility. Beginning on the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly and except where federal law requires presumptive | ||
eligibility, no adult may be presumed eligible for medical | ||
assistance under this Code and the Department may not cover any | ||
service rendered to an adult unless the adult has completed an | ||
application for benefits, all required verifications have been | ||
received, and the Department or its designee has found the | ||
adult eligible for the date on which that service was provided. |
Nothing in this Section shall apply to pregnant women.
| ||
(305 ILCS 5/5-4.1) (from Ch. 23, par. 5-4.1)
| ||
Sec. 5-4.1. Co-payments. The Department may by rule provide | ||
that recipients
under any Article of this Code shall pay a fee | ||
as a co-payment for services.
Co-payments shall be maximized to | ||
the extent permitted by federal law may not exceed $3 for brand | ||
name drugs, $1 for other pharmacy
services other than for | ||
generic drugs, and $2 for physicians services, dental
services, | ||
optical services and supplies, chiropractic services, podiatry
| ||
services, and encounter rate clinic services. There shall be no | ||
co-payment for
generic drugs. Co-payments may not exceed $3 for | ||
hospital outpatient and clinic
services . Provided, however, | ||
that any such rule must provide that no
co-payment requirement | ||
can exist
for renal dialysis, radiation therapy, cancer | ||
chemotherapy, or insulin, and
other products necessary on a | ||
recurring basis, the absence of which would
be life | ||
threatening, or where co-payment expenditures for required | ||
services
and/or medications for chronic diseases that the | ||
Illinois Department shall
by rule designate shall cause an | ||
extensive financial burden on the
recipient, and provided no | ||
co-payment shall exist for emergency room
encounters which are | ||
for medical emergencies. The Department shall seek approval of | ||
a State plan amendment that allows pharmacies to refuse to | ||
dispense drugs in circumstances where the recipient does not | ||
pay the required co-payment. In the event the State plan |
amendment is rejected, co-payments may not exceed $3 for brand | ||
name drugs, $1 for other pharmacy
services other than for | ||
generic drugs, and $2 for physician services, dental
services, | ||
optical services and supplies, chiropractic services, podiatry
| ||
services, and encounter rate clinic services. There shall be no | ||
co-payment for
generic drugs. Co-payments may not exceed $3 for | ||
hospital outpatient and clinic
services.
| ||
(Source: P.A. 92-597, eff. 6-28-02; 93-593, eff. 8-25-03 .)
| ||
(305 ILCS 5/5-5.12) (from Ch. 23, par. 5-5.12)
| ||
Sec. 5-5.12. Pharmacy payments.
| ||
(a) Every request submitted by a pharmacy for reimbursement | ||
under this
Article for prescription drugs provided to a | ||
recipient of aid under this
Article shall include the name of | ||
the prescriber or an acceptable
identification number as | ||
established by the Department.
| ||
(b) Pharmacies providing prescription drugs under
this | ||
Article shall be reimbursed at a rate which shall include
a | ||
professional dispensing fee as determined by the Illinois
| ||
Department, plus the current acquisition cost of the | ||
prescription
drug dispensed. The Illinois Department shall | ||
update its
information on the acquisition costs of all | ||
prescription drugs
no less frequently than every 30 days. | ||
However, the Illinois
Department may set the rate of | ||
reimbursement for the acquisition
cost, by rule, at a | ||
percentage of the current average wholesale
acquisition cost.
|
(c) (Blank).
| ||
(d) The Department shall not impose requirements for prior | ||
approval
based on a preferred drug list for anti-retroviral, | ||
anti-hemophilic factor
concentrates,
or
any atypical | ||
antipsychotics, conventional antipsychotics,
or | ||
anticonvulsants used for the treatment of serious mental
| ||
illnesses
until 30 days after it has conducted a study of the | ||
impact of such
requirements on patient care and submitted a | ||
report to the Speaker of the
House of Representatives and the | ||
President of the Senate. The Department shall review | ||
utilization of narcotic medications in the medical assistance | ||
program and impose utilization controls that protect against | ||
abuse.
| ||
(e) When making determinations as to which drugs shall be | ||
on a prior approval list, the Department shall include as part | ||
of the analysis for this determination, the degree to which a | ||
drug may affect individuals in different ways based on factors | ||
including the gender of the person taking the medication. | ||
(f) (e) The Department shall cooperate with the Department | ||
of Public Health and the Department of Human Services Division | ||
of Mental Health in identifying psychotropic medications that, | ||
when given in a particular form, manner, duration, or frequency | ||
(including "as needed") in a dosage, or in conjunction with | ||
other psychotropic medications to a nursing home resident, may | ||
constitute a chemical restraint or an "unnecessary drug" as | ||
defined by the Nursing Home Care Act or Titles XVIII and XIX of |
the Social Security Act and the implementing rules and | ||
regulations. The Department shall require prior approval for | ||
any such medication prescribed for a nursing home resident that | ||
appears to be a chemical restraint or an unnecessary drug. The | ||
Department shall consult with the Department of Human Services | ||
Division of Mental Health in developing a protocol and criteria | ||
for deciding whether to grant such prior approval. | ||
(g) The Department may by rule provide for reimbursement of | ||
the dispensing of a 90-day supply of a generic, non-narcotic | ||
maintenance medication in circumstances where it is cost | ||
effective. | ||
(Source: P.A. 96-1269, eff. 7-26-10; 96-1372, eff. 7-29-10; | ||
revised 9-2-10.)
| ||
(305 ILCS 5/5-11) (from Ch. 23, par. 5-11)
| ||
Sec. 5-11. Co-operative arrangements; contracts with other | ||
State
agencies, health care and rehabilitation organizations, | ||
and fiscal
intermediaries.
| ||
(a) The Illinois Department may enter into co-operative | ||
arrangements
with
State agencies responsible for administering | ||
or supervising the
administration of health services and | ||
vocational rehabilitation services to
the end that there may be | ||
maximum utilization of such services in the
provision of | ||
medical assistance.
| ||
The Illinois Department shall, not later than June 30, | ||
1993, enter into
one or more co-operative arrangements with the |
Department of Mental Health
and Developmental Disabilities | ||
providing that the Department of Mental
Health and | ||
Developmental Disabilities will be responsible for | ||
administering
or supervising all programs for services to | ||
persons in community care
facilities for persons with | ||
developmental disabilities, including but not
limited to | ||
intermediate care facilities, that are supported by State funds | ||
or
by funding under Title XIX of the federal Social Security | ||
Act. The
responsibilities of the Department of Mental Health | ||
and Developmental
Disabilities under these agreements are | ||
transferred to the Department of
Human Services as provided in | ||
the Department of Human Services Act.
| ||
The Department may also contract with such State health and
| ||
rehabilitation agencies and other public or private health care | ||
and
rehabilitation organizations to act for it in supplying | ||
designated medical
services to persons eligible therefor under | ||
this Article. Any contracts
with health services or health | ||
maintenance organizations shall be
restricted to organizations | ||
which have been certified as being in
compliance with standards | ||
promulgated pursuant to the laws of this State
governing the | ||
establishment and operation of health services or health
| ||
maintenance organizations. The Department shall renegotiate | ||
the contracts with health maintenance organizations and | ||
managed care community
networks that took effect August 1, | ||
2003, so as to produce $70,000,000 savings to the Department | ||
net of resulting increases to the fee-for-service program for |
State fiscal year 2006. The Department may also contract with | ||
insurance
companies or other corporate entities serving as | ||
fiscal intermediaries in
this State for the Federal Government | ||
in respect to Medicare payments under
Title XVIII of the | ||
Federal Social Security Act to act for the Department in
paying | ||
medical care suppliers. The provisions of Section 9 of "An Act | ||
in
relation to State finance", approved June 10, 1919, as | ||
amended,
notwithstanding, such contracts with State agencies, | ||
other health care and
rehabilitation organizations, or fiscal | ||
intermediaries may provide for
advance payments.
| ||
(b) For purposes of this subsection (b), "managed care | ||
community
network" means an entity, other than a health | ||
maintenance organization, that
is owned, operated, or governed | ||
by providers of health care services within
this State and that | ||
provides or arranges primary, secondary, and tertiary
managed | ||
health care services under contract with the Illinois | ||
Department
exclusively to persons participating in programs | ||
administered by the Illinois
Department.
| ||
The Illinois Department may certify managed care community
| ||
networks, including managed care community networks owned, | ||
operated, managed,
or
governed by State-funded medical | ||
schools, as risk-bearing entities eligible to
contract with the | ||
Illinois Department as Medicaid managed care
organizations. | ||
The Illinois Department may contract with those managed
care | ||
community networks to furnish health care services to or | ||
arrange those
services for individuals participating in |
programs administered by the Illinois
Department. The rates for | ||
those provider-sponsored organizations may be
determined on a | ||
prepaid, capitated basis. A managed care community
network may | ||
choose to contract with the Illinois Department to provide only
| ||
pediatric
health care services.
The
Illinois Department shall | ||
by rule adopt the criteria, standards, and procedures
by
which | ||
a managed care community network may be permitted to contract | ||
with
the Illinois Department and shall consult with the | ||
Department of Insurance in
adopting these rules.
| ||
A county provider as defined in Section 15-1 of this Code | ||
may
contract with the Illinois Department to provide primary, | ||
secondary, or
tertiary managed health care services as a | ||
managed care
community network without the need to establish a | ||
separate entity and shall
be deemed a managed care community | ||
network for purposes of this Code
only to the extent it | ||
provides services to participating individuals. A county
| ||
provider is entitled to contract with the Illinois Department | ||
with respect to
any contracting region located in whole or in | ||
part within the county. A
county provider is not required to | ||
accept enrollees who do not reside within
the county.
| ||
In order
to (i) accelerate and facilitate the development | ||
of integrated health care in
contracting areas outside counties | ||
with populations in excess of 3,000,000 and
counties adjacent | ||
to those counties and (ii) maintain and sustain the high
| ||
quality of education and residency programs coordinated and | ||
associated with
local area hospitals, the Illinois Department |
may develop and implement a
demonstration program from managed | ||
care community networks owned, operated,
managed, or
governed | ||
by State-funded medical schools. The Illinois Department shall
| ||
prescribe by rule the criteria, standards, and procedures for | ||
effecting this
demonstration program.
| ||
A managed care community network that
contracts with the | ||
Illinois Department to furnish health care services to or
| ||
arrange those services for enrollees participating in programs | ||
administered by
the Illinois Department shall do all of the | ||
following:
| ||
(1) Provide that any provider affiliated with the | ||
managed care community
network may also provide services on | ||
a
fee-for-service basis to Illinois Department clients not | ||
enrolled in such
managed care entities.
| ||
(2) Provide client education services as determined | ||
and approved by the
Illinois Department, including but not | ||
limited to (i) education regarding
appropriate utilization | ||
of health care services in a managed care system, (ii)
| ||
written disclosure of treatment policies and restrictions | ||
or limitations on
health services, including, but not | ||
limited to, physical services, clinical
laboratory tests, | ||
hospital and surgical procedures, prescription drugs and
| ||
biologics, and radiological examinations, and (iii) | ||
written notice that the
enrollee may receive from another | ||
provider those covered services that are not
provided by | ||
the managed care community network.
|
(3) Provide that enrollees within the system may choose | ||
the site for
provision of services and the panel of health | ||
care providers.
| ||
(4) Not discriminate in enrollment or disenrollment | ||
practices among
recipients of medical services or | ||
enrollees based on health status.
| ||
(5) Provide a quality assurance and utilization review | ||
program that
meets
the requirements established by the | ||
Illinois Department in rules that
incorporate those | ||
standards set forth in the Health Maintenance Organization
| ||
Act.
| ||
(6) Issue a managed care community network
| ||
identification card to each enrollee upon enrollment. The | ||
card
must contain all of the following:
| ||
(A) The enrollee's health plan.
| ||
(B) The name and telephone number of the enrollee's | ||
primary care
physician or the site for receiving | ||
primary care services.
| ||
(C) A telephone number to be used to confirm | ||
eligibility for benefits
and authorization for | ||
services that is available 24 hours per day, 7 days per
| ||
week.
| ||
(7) Ensure that every primary care physician and | ||
pharmacy in the managed
care community network meets the | ||
standards
established by the Illinois Department for | ||
accessibility and quality of care.
The Illinois Department |
shall arrange for and oversee an evaluation of the
| ||
standards established under this paragraph (7) and may | ||
recommend any necessary
changes to these standards.
| ||
(8) Provide a procedure for handling complaints that
| ||
meets the
requirements established by the Illinois | ||
Department in rules that incorporate
those standards set | ||
forth in the Health Maintenance Organization Act.
| ||
(9) Maintain, retain, and make available to the | ||
Illinois Department
records, data, and information, in a | ||
uniform manner determined by the Illinois
Department, | ||
sufficient for the Illinois Department to monitor | ||
utilization,
accessibility, and quality of care.
| ||
(10) (Blank) Provide that the pharmacy formulary used | ||
by the managed care
community
network and its contract | ||
providers be no
more restrictive than the Illinois | ||
Department's pharmaceutical program on the
effective date | ||
of this amendatory Act of 1998 and as amended after that | ||
date .
| ||
The Illinois Department shall contract with an entity or | ||
entities to provide
external peer-based quality assurance | ||
review for the managed health care
programs administered by the | ||
Illinois Department. The entity shall meet all federal | ||
requirements for an external quality review organization be
| ||
representative of Illinois physicians licensed to practice | ||
medicine in all its
branches and have statewide geographic | ||
representation in all specialities of
medical care that are |
provided in managed health care programs administered by
the | ||
Illinois Department. The entity may not be a third party payer | ||
and shall
maintain offices in locations around the State in | ||
order to provide service and
continuing medical education to | ||
physician participants within those managed
health care | ||
programs administered by the Illinois Department. The review
| ||
process shall be developed and conducted by Illinois physicians | ||
licensed to
practice medicine in all its branches. In | ||
consultation with the entity, the
Illinois Department may | ||
contract with other entities for professional
peer-based | ||
quality assurance review of individual
categories of services | ||
other than services provided, supervised, or coordinated
by | ||
physicians licensed to practice medicine in all its branches. | ||
The Illinois
Department shall establish, by rule, criteria to | ||
avoid conflicts of interest in
the conduct of quality assurance | ||
activities consistent with professional
peer-review standards. | ||
All quality assurance activities shall be coordinated
by the | ||
Illinois Department .
| ||
Each managed care community network must demonstrate its | ||
ability to
bear the financial risk of serving individuals under | ||
this program.
The Illinois Department shall by rule adopt | ||
standards for assessing the
solvency and financial soundness of | ||
each managed care community network.
Any solvency and financial | ||
standards adopted for managed care community
networks
shall be | ||
no more restrictive than the solvency and financial standards | ||
adopted
under
Section 1856(a) of the Social Security Act for |
provider-sponsored
organizations under Part C of Title XVIII of | ||
the Social Security Act.
| ||
The Illinois
Department may implement the amendatory | ||
changes to this
Code made by this amendatory Act of 1998 | ||
through the use of emergency
rules in accordance with Section | ||
5-45 of the Illinois Administrative Procedure
Act. For purposes | ||
of that Act, the adoption of rules to implement these
changes | ||
is deemed an emergency and necessary for the public interest,
| ||
safety, and welfare.
| ||
(c) Not later than June 30, 1996, the Illinois Department | ||
shall
enter into one or more cooperative arrangements with the | ||
Department of Public
Health for the purpose of developing a | ||
single survey for
nursing facilities, including but not limited | ||
to facilities funded under Title
XVIII or Title XIX of the | ||
federal Social Security Act or both, which shall be
| ||
administered and conducted solely by the Department of Public | ||
Health.
The Departments shall test the single survey process on | ||
a pilot basis, with
both the Departments of Public Aid and | ||
Public Health represented on the
consolidated survey team. The | ||
pilot will sunset June 30, 1997. After June 30,
1997, unless | ||
otherwise determined by the Governor, a single survey shall be
| ||
implemented by the Department of Public Health which would not | ||
preclude staff
from the Department of Healthcare and Family | ||
Services (formerly Department of Public Aid) from going on-site | ||
to nursing facilities to
perform necessary audits and reviews | ||
which shall not replicate the single State
agency survey |
required by this Act. This Section shall not apply to community
| ||
or intermediate care facilities for persons with developmental | ||
disabilities.
| ||
(d) Nothing in this Code in any way limits or otherwise | ||
impairs the
authority or power of the Illinois Department to | ||
enter into a negotiated
contract pursuant to this Section with | ||
a managed care community network or
a health maintenance | ||
organization, as defined in the Health Maintenance
| ||
Organization Act, that provides for
termination or nonrenewal | ||
of the contract without cause, upon notice as
provided in the | ||
contract, and without a hearing.
| ||
(Source: P.A. 94-48, eff. 7-1-05; 95-331, eff. 8-21-07.)
| ||
(305 ILCS 5/5-11a new) | ||
Sec. 5-11a. Health Benefit Information Systems. | ||
(a) It is the intent of the General Assembly to support | ||
unified electronic systems initiatives that will improve | ||
management of information related to medical assistance | ||
programs. This will include improved management capabilities | ||
and new systems for Eligibility, Verification, and Enrollment | ||
(EVE) that will simplify and increase efficiencies in and | ||
access to the medical assistance programs and ensure program | ||
integrity. The Department of Healthcare and Family Services, in | ||
coordination with the Department of Human Services and other | ||
appropriate state agencies, shall develop a plan by July 1, | ||
2011, that will: |
(1) Subject to federal and State privacy and | ||
confidentiality laws and regulations, meet standards for | ||
timely eligibility verification and enrollment, and annual | ||
redetermination of eligibility, of applicants for and | ||
recipients of means-tested health benefits sponsored by | ||
the State, including medical assistance under this Code. | ||
(2) Receive and update data electronically from the | ||
Social Security Administration, the U.S. Postal Service, | ||
the Illinois Secretary of State, the Department of Revenue, | ||
the Department of Employment Security, and other | ||
governmental entities, as appropriate and to the extent | ||
allowed by law, for verification of any factor of | ||
eligibility for medical assistance and for updating | ||
addresses of applicants and recipients of medical | ||
assistance and other health benefit programs administered | ||
by the Department. Data relevant to eligibility shall be | ||
provided for no other purpose than to verify the | ||
eligibility of new applicants or current recipients of | ||
health benefits provided by the State. Data shall be | ||
requested or provided for any individual only insofar as | ||
that new applicant or current recipient's circumstances | ||
are relevant to that individual's or another individual's | ||
eligibility for State-sponsored health benefits. | ||
(3) Meet federal requirements for timely installation | ||
by January 1, 2014 to provide integration with a Health | ||
Benefits Exchange pursuant to the requirements of the |
federal Affordable Care Act and the Reconciliation Act and | ||
any subsequent amendments thereto and to ensure capture of | ||
the maximum available federal financial
participation | ||
(FFP). | ||
(4) Meet federal requirements for compliance with | ||
architectural standards, including, but not limited to, | ||
(i) the use of a module development as outlined by the | ||
Medicaid Information Technology Architecture standards, | ||
(ii) the use of federally approved open-interfaces where | ||
they exist, (iii) the use or the creation of | ||
open-interfaces where necessary, and (iv) the use of rules | ||
technology that can dynamically accept and modify rules in | ||
standard formats. | ||
(5) Include plans to ensure coordination with the State | ||
of Illinois Framework Project that will (i) expedite and | ||
simplify access to services provided by Illinois human | ||
services programs; (ii) streamline administration and data | ||
sharing; (iii) enhance planning capacity, program | ||
evaluation, and fraud detection or prevention with access | ||
to cross-agency data; and (iv) simplify service reporting | ||
for contracted providers. | ||
(b) The Department of Healthcare and Family Services shall | ||
continue to plan for and implement a new Medicaid Management | ||
Information System (MMIS) and upgrade the capabilities of the | ||
MMIS data warehouse. Upgrades shall include, among other | ||
things, enhanced capabilities in data analysis including the |
ability to identify risk factors that could impact the | ||
treatment and resulting quality of care, and tools that perform | ||
predictive analytics on data applying to newborns, women with | ||
high risk pregnancies, and other populations served by the | ||
Department. | ||
(c) The Department of Healthcare and Family Services shall | ||
report in its annual Medical Assistance program report each | ||
April through April, 2015 on the progress and implementation of | ||
this plan. | ||
(305 ILCS 5/5-29 new) | ||
Sec. 5-29. Income Limits and Parental Responsibility. In | ||
light of the unprecedented fiscal crisis confronting the State, | ||
it is the intent of the General Assembly to explore whether the | ||
income limits and income counting methods established for | ||
children under the Covering ALL KIDS Health Insurance Act, | ||
pursuant to this amendatory Act of the 96th General Assembly, | ||
should apply to medical assistance programs available to | ||
children made eligible under the Illinois Public Aid Code, | ||
including through home and community based services waiver | ||
programs authorized under Section 1915(c) of the Social | ||
Security Act, where parental income is currently not considered | ||
in determining a child's eligibility for medical assistance. | ||
The Department of Healthcare and Family Services is hereby | ||
directed, with the participation of the Department of Human | ||
Services and stakeholders, to conduct an analysis of these |
programs to determine parental cost sharing opportunities, how | ||
these opportunities may impact the children currently in the | ||
programs, waivers and on the waiting list, and any other | ||
factors which may increase efficiencies and decrease State | ||
costs. The Department is further directed to review how | ||
services under these programs and waivers may be provided by | ||
the use of a combination of skilled, unskilled, and | ||
uncompensated care and to advise as to what revisions to the | ||
Nurse Practice Act, and Acts regulating other relevant | ||
professions, are necessary to accomplish this combination of | ||
care. The Department shall submit a written analysis on the | ||
children's programs and waivers as part of the Department's | ||
annual Medicaid reports due to the General Assembly in 2011 and | ||
2012. | ||
(305 ILCS 5/5-30 new) | ||
Sec. 5-30. Care coordination. | ||
(a) At least 50% of recipients eligible for comprehensive | ||
medical benefits in all medical assistance programs or other | ||
health benefit programs administered by the Department, | ||
including the Children's Health Insurance Program Act and the | ||
Covering ALL KIDS Health Insurance Act, shall be enrolled in a | ||
care coordination program by no later than January 1, 2015. For | ||
purposes of this Section, "coordinated care" or "care | ||
coordination" means delivery systems where recipients will | ||
receive their care from providers who participate under |
contract in integrated delivery systems that are responsible | ||
for providing or arranging the majority of care, including | ||
primary care physician services, referrals from primary care | ||
physicians, diagnostic and treatment services, behavioral | ||
health services, in-patient and outpatient hospital services, | ||
dental services, and rehabilitation and long-term care | ||
services. The Department shall designate or contract for such | ||
integrated delivery systems (i) to ensure enrollees have a | ||
choice of systems and of primary care providers within such | ||
systems; (ii) to ensure that enrollees receive quality care in | ||
a culturally and linguistically appropriate manner; and (iii) | ||
to ensure that coordinated care programs meet the diverse needs | ||
of enrollees with developmental, mental health, physical, and | ||
age-related disabilities. | ||
(b) Payment for such coordinated care shall be based on | ||
arrangements where the State pays for performance related to | ||
health care outcomes, the use of evidence-based practices, the | ||
use of primary care delivered through comprehensive medical | ||
homes, the use of electronic medical records, and the | ||
appropriate exchange of health information electronically made | ||
either on a capitated basis in which a fixed monthly premium | ||
per recipient is paid and full financial risk is assumed for | ||
the delivery of services, or through other risk-based payment | ||
arrangements. | ||
(c) To qualify for compliance with this Section, the 50% | ||
goal shall be achieved by enrolling medical assistance |
enrollees from each medical assistance enrollment category, | ||
including parents, children, seniors, and people with | ||
disabilities to the extent that current State Medicaid payment | ||
laws would not limit federal matching funds for recipients in | ||
care coordination programs. In addition, services must be more | ||
comprehensively defined and more risk shall be assumed than in | ||
the Department's primary care case management program as of the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly. | ||
(d) The Department shall report to the General Assembly in | ||
a separate part of its annual medical assistance program | ||
report, beginning April, 2012 until April, 2016, on the | ||
progress and implementation of the care coordination program | ||
initiatives established by the provisions of this amendatory | ||
Act of the 96th General Assembly. The Department shall include | ||
in its April 2011 report a full analysis of federal laws or | ||
regulations regarding upper payment limitations to providers | ||
and the necessary revisions or adjustments in rate | ||
methodologies and payments to providers under this Code that | ||
would be necessary to implement coordinated care with full | ||
financial risk by a party other than the Department.
| ||
(305 ILCS 5/8A-2.5)
| ||
Sec. 8A-2.5. Unauthorized use of medical assistance.
| ||
(a) Any person who knowingly uses, acquires, possesses, or | ||
transfers a
medical card in any manner not authorized by law or |
by rules and regulations of
the Illinois Department, or who | ||
knowingly alters a medical card, or who
knowingly uses, | ||
acquires, possesses, or transfers an altered medical card, is
| ||
guilty of a violation of this Article and shall be punished as | ||
provided in
Section 8A-6.
| ||
(b) Any person who knowingly obtains unauthorized medical | ||
benefits with or
without use of a medical card is guilty of a | ||
violation of this Article and
shall be punished as provided in | ||
Section 8A-6.
| ||
(c) The Department may seek to recover any and all State | ||
and federal monies for which it has improperly and erroneously | ||
paid benefits as a result of a fraudulent action and any civil | ||
penalties authorized in this Section. Pursuant to Section | ||
11-14.5 of this Code, the Department may determine the monetary | ||
value of benefits improperly and erroneously received. The | ||
Department may recover the monies paid for such benefits and | ||
interest on that amount at the rate of 5% per annum for the | ||
period from which payment was made to the date upon which | ||
repayment is made to the State. Prior to the recovery of any | ||
amount paid for benefits allegedly obtained by fraudulent | ||
means, the recipient of such benefits shall be afforded an | ||
opportunity for a hearing after reasonable notice. The notice | ||
shall be served personally or by certified or registered mail | ||
or as otherwise provided by law upon the parties or their | ||
agents appointed to receive service of process and shall | ||
include the following: |
(1) A statement of the time, place and nature of the | ||
hearing. | ||
(2) A statement of the legal authority and jurisdiction | ||
under which the hearing is to be held. | ||
(3) A reference to the particular Sections of the | ||
substantive and procedural statutes and rules involved. | ||
(4) Except where a more detailed statement is otherwise | ||
provided for by law, a short and plain statement of the | ||
matters asserted, the consequences of a failure to respond, | ||
and the official file or other reference number. | ||
(5) A statement of the monetary value of the benefits | ||
fraudulently received by the person accused. | ||
(6) A statement that, in addition to any other | ||
penalties provided by law, a civil penalty in an amount not | ||
to exceed $2,000 may be imposed for each fraudulent claim | ||
for benefits or payments. | ||
(7) A statement providing that the determination of the | ||
monetary value may be contested by petitioning the | ||
Department for an administrative hearing within 30 days | ||
from the date of mailing the notice. | ||
(8) The names and mailing addresses of the | ||
administrative law judge, all parties, and all other | ||
persons to whom the agency gives notice of the hearing | ||
unless otherwise confidential by law. | ||
An opportunity shall be afforded all parties to be | ||
represented by legal counsel and to respond and present |
evidence and argument. | ||
Unless precluded by law, disposition may be made of any | ||
contested case by stipulation, agreed settlement, consent | ||
order, or default. | ||
Any final order, decision, or other determination made, | ||
issued or executed by the Director under the provisions of this | ||
Article whereby any person is aggrieved shall be subject to | ||
review in accordance with the provisions of the Administrative | ||
Review Law, and the rules adopted pursuant thereto, which shall | ||
apply to and govern all proceedings for the judicial review of | ||
final administrative decisions of the Director. | ||
Upon entry of a final administrative decision for repayment | ||
of any benefits obtained by fraudulent means, or for any civil | ||
penalties assessed, a lien shall attach to all property and | ||
assets of such person, firm, corporation, association, agency, | ||
institution, or other legal entity until the judgment is | ||
satisfied. | ||
Within 12 months of the effective date of this amendatory | ||
Act of the 96th General Assembly, the Department of Healthcare | ||
and Family Services will report to the General Assembly on the | ||
number of fraud cases identified and pursued, and the fines | ||
assessed and collected. The report will also include the | ||
Department's analysis as to the use of private sector resources | ||
to bring action, investigate, and collect monies owed. | ||
(Source: P.A. 89-289, eff. 1-1-96.)
|
(305 ILCS 5/11-5.1 new) | ||
Sec. 11-5.1. Eligibility verification. Notwithstanding any | ||
other provision of this Code, with respect to applications for | ||
medical assistance provided under Article V of this Code, | ||
eligibility shall be determined in a manner that ensures | ||
program integrity and complies with federal laws and | ||
regulations while minimizing unnecessary barriers to | ||
enrollment. To this end, as soon as practicable, and unless the | ||
Department receives written denial from the federal | ||
government, this Section shall be implemented: | ||
(a) The Department of Healthcare and Family Services or its | ||
designees shall: | ||
(1) By no later than July 1, 2011, require verification | ||
of, at a minimum, one month's income from all sources | ||
required for determining the eligibility of applicants for | ||
medical assistance under this Code. Such verification | ||
shall take the form of pay stubs, business or income and | ||
expense records for self-employed persons, letters from | ||
employers, and any other valid documentation of income | ||
including data obtained electronically by the Department | ||
or its designees from other sources as described in | ||
subsection (b) of this Section. | ||
(2) By no later than October 1, 2011, require | ||
verification of, at a minimum, one month's income from all | ||
sources required for determining the continued eligibility | ||
of recipients at their annual review of eligibility for |
medical assistance under this Code. Such verification | ||
shall take the form of pay stubs, business or income and | ||
expense records for self-employed persons, letters from | ||
employers, and any other valid documentation of income | ||
including data obtained electronically by the Department | ||
or its designees from other sources as described in | ||
subsection (b) of this Section. The
Department shall send a | ||
notice to
recipients at least 60 days prior to the end of | ||
their period
of eligibility that informs them of the
| ||
requirements for continued eligibility. If a recipient
| ||
does not fulfill the requirements for continued | ||
eligibility by the
deadline established in the notice a | ||
notice of cancellation shall be issued to the recipient and | ||
coverage shall end on the last day of the eligibility | ||
period. A recipient's eligibility may be reinstated | ||
without requiring a new application if the recipient | ||
fulfills the requirements for continued eligibility prior | ||
to the end of the month following the last date of | ||
coverage. Nothing in this Section shall prevent an | ||
individual whose coverage has been cancelled from | ||
reapplying for health benefits at any time. | ||
(3) By no later than July 1, 2011, require verification | ||
of Illinois residency. | ||
(b) The Department shall establish or continue cooperative
| ||
arrangements with the Social Security Administration, the
| ||
Illinois Secretary of State, the Department of Human Services,
|
the Department of Revenue, the Department of Employment
| ||
Security, and any other appropriate entity to gain electronic
| ||
access, to the extent allowed by law, to information available
| ||
to those entities that may be appropriate for electronically
| ||
verifying any factor of eligibility for benefits under the
| ||
Program. Data relevant to eligibility shall be provided for no
| ||
other purpose than to verify the eligibility of new applicants | ||
or current recipients of health benefits under the Program. | ||
Data shall be requested or provided for any new applicant or | ||
current recipient only insofar as that individual's | ||
circumstances are relevant to that individual's or another | ||
individual's eligibility. | ||
(c) Within 90 days of the effective date of this amendatory | ||
Act of the 96th General Assembly, the Department of Healthcare | ||
and Family Services shall send notice to current recipients | ||
informing them of the changes regarding their eligibility | ||
verification.
| ||
(305 ILCS 5/11-26) (from Ch. 23, par. 11-26)
| ||
Sec. 11-26.
Recipient's abuse of medical care; | ||
restrictions on access to
medical care.
| ||
(a) When the Department determines, on the basis of | ||
statistical norms and
medical judgment, that a medical care | ||
recipient has received medical services
in excess of need and | ||
with such frequency or in such a manner as to constitute
an | ||
abuse of the recipient's medical care privileges, the |
recipient's access to
medical care may be restricted.
| ||
(b) When the Department has determined that a recipient is | ||
abusing his or
her medical care privileges as described in this | ||
Section, it may require that
the recipient designate a primary | ||
provider type primary care provider, primary care pharmacy, or
| ||
health maintenance organization of the recipient's own | ||
choosing to assume
responsibility for the recipient's care. For | ||
the purposes of this subsection, "primary provider type" means | ||
a primary care provider, primary care pharmacy, primary | ||
dentist, primary podiatrist, or primary durable medical | ||
equipment provider. Instead of requiring a recipient to
make a | ||
designation as provided in this subsection, the Department, | ||
pursuant to
rules adopted by the Department and without regard | ||
to any choice of an entity
that the recipient might otherwise | ||
make, may initially designate a primary provider type provided | ||
that the primary provider type is willing to provide that care | ||
primary care
provider, primary care pharmacy, or health | ||
maintenance organization to assume
responsibility for the | ||
recipient's care, provided that the primary care
provider, | ||
primary care pharmacy, or health maintenance organization is | ||
willing
to provide that care .
| ||
(c) When the Department has requested that a recipient | ||
designate a
primary provider type primary care provider, | ||
primary care pharmacy or health maintenance
organization and | ||
the recipient fails or refuses to do so, the Department
may, | ||
after a reasonable period of time, assign the recipient to a |
primary provider type of its own choice and determination, | ||
provided such primary provider type is willing to provide such | ||
care primary care
provider, primary care pharmacy or health | ||
maintenance organization of its own
choice and determination, | ||
provided such primary care provider, primary care
pharmacy or | ||
health maintenance organization is willing to provide such | ||
care .
| ||
(d) When a recipient has been restricted to a designated | ||
primary provider type primary care
provider, primary care | ||
pharmacy or health maintenance organization , the
recipient may | ||
change the primary provider type primary care provider, primary | ||
care pharmacy or
health maintenance organization :
| ||
(1) when the designated source becomes unavailable, as | ||
the Department
shall determine by rule; or
| ||
(2) when the designated primary provider type primary | ||
care provider, primary care pharmacy or
health maintenance | ||
organization notifies the Department that it wishes to
| ||
withdraw from any obligation as primary provider type | ||
primary care provider, primary care pharmacy or health | ||
maintenance organization ; or
| ||
(3) in other situations, as the Department shall | ||
provide by rule.
| ||
The Department shall, by rule, establish procedures for | ||
providing medical or
pharmaceutical services when the | ||
designated source becomes unavailable or
wishes to withdraw | ||
from any obligation as primary provider type primary care |
provider, primary care
pharmacy or health maintenance | ||
organization , shall, by rule, take into
consideration the need | ||
for emergency or temporary medical assistance and shall
ensure | ||
that the recipient has continuous and unrestricted access to | ||
medical
care from the date on which such unavailability or | ||
withdrawal becomes effective
until such time as the recipient | ||
designates a primary provider type or a primary provider type | ||
care source or a primary
care source willing to provide such | ||
care is designated by the Department
consistent with | ||
subsections (b) and (c) and such restriction becomes effective.
| ||
(e) Prior to initiating any action to restrict a | ||
recipient's access to
medical or pharmaceutical care, the | ||
Department shall notify the recipient
of its intended action. | ||
Such notification shall be in writing and shall set
forth the | ||
reasons for and nature of the proposed action. In addition, the
| ||
notification shall:
| ||
(1) inform the recipient that (i) the recipient has a | ||
right to
designate a primary provider type primary care | ||
provider, primary care pharmacy, or health maintenance
| ||
organization of the recipient's own choosing willing to | ||
accept such designation
and that the recipient's failure to | ||
do so within a reasonable time may result
in such | ||
designation being made by the Department or (ii) the | ||
Department has
designated a primary provider type primary | ||
care provider, primary care pharmacy, or health
| ||
maintenance organization to assume responsibility for the |
recipient's care; and
| ||
(2) inform the recipient that the recipient has a right | ||
to appeal the
Department's determination to restrict the | ||
recipient's access to medical care
and provide the | ||
recipient with an explanation of how such appeal is to be
| ||
made. The notification shall also inform the recipient of | ||
the circumstances
under which unrestricted medical | ||
eligibility shall continue until a decision is
made on | ||
appeal and that if the recipient chooses to appeal, the | ||
recipient will
be able to review the medical payment data | ||
that was utilized by the Department
to decide that the | ||
recipient's access to medical care should be restricted.
| ||
(f) The Department shall, by rule or regulation, establish | ||
procedures for
appealing a determination to restrict a | ||
recipient's access to medical care,
which procedures shall, at | ||
a minimum, provide for a reasonable opportunity
to be heard | ||
and, where the appeal is denied, for a written statement
of the | ||
reason or reasons for such denial.
| ||
(g) Except as otherwise provided in this subsection, when a | ||
recipient
has had his or her medical card restricted for 4 full | ||
quarters (without regard
to any period of ineligibility for | ||
medical assistance under this Code, or any
period for which the | ||
recipient voluntarily terminates his or her receipt of
medical | ||
assistance, that may occur before the expiration of those 4 | ||
full
quarters), the Department shall reevaluate the | ||
recipient's medical usage to
determine whether it is still in |
excess of need and with such frequency or in
such a manner as | ||
to constitute an abuse of the receipt of medical assistance.
If | ||
it is still in excess of need, the restriction shall be | ||
continued for
another 4 full quarters. If it is no longer in | ||
excess of need, the restriction
shall be discontinued. If a | ||
recipient's access to medical care has been
restricted under | ||
this Section and the Department then determines, either at
| ||
reevaluation or after the restriction has been discontinued, to | ||
restrict the
recipient's access to medical care a second or | ||
subsequent time, the second or
subsequent restriction may be | ||
imposed for a period of more than 4 full
quarters. If the | ||
Department restricts a recipient's access to medical care for
a | ||
period of more than 4 full quarters, as determined by rule, the | ||
Department
shall reevaluate the recipient's medical usage | ||
after the end of the restriction
period rather than after the | ||
end of 4 full quarters. The Department shall
notify the | ||
recipient, in writing, of any decision to continue the | ||
restriction
and the reason or reasons therefor. A "quarter", | ||
for purposes of this Section,
shall be defined as one of the | ||
following 3-month periods of time:
January-March, April-June, | ||
July-September or October-December.
| ||
(h) In addition to any other recipient whose acquisition of | ||
medical care
is determined to be in excess of need, the | ||
Department may restrict the medical
care privileges of the | ||
following persons:
| ||
(1) recipients found to have loaned or altered their |
cards or misused or
falsely represented medical coverage;
| ||
(2) recipients found in possession of blank or forged | ||
prescription pads;
| ||
(3) recipients who knowingly assist providers in | ||
rendering excessive
services or defrauding the medical | ||
assistance program.
| ||
The procedural safeguards in this Section shall apply to | ||
the above
individuals.
| ||
(i) Restrictions under this Section shall be in addition to | ||
and shall
not in any way be limited by or limit any actions | ||
taken under Article
VIII-A of this Code.
| ||
(Source: P.A. 88-554, eff. 7-26-94 .)
| ||
(305 ILCS 5/5-5.15 rep.)
| ||
Section 45. The Illinois Public Aid Code is amended by | ||
repealing Section 5-5.15. | ||
Section 50. The Illinois Vehicle Code is amended by | ||
changing Section 2-123 as follows:
| ||
(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
| ||
Sec. 2-123. Sale and Distribution of Information.
| ||
(a) Except as otherwise provided in this Section, the | ||
Secretary may make the
driver's license, vehicle and title | ||
registration lists, in part or in whole,
and any statistical | ||
information derived from these lists available to local
|
governments, elected state officials, state educational | ||
institutions, and all
other governmental units of the State and | ||
Federal
Government
requesting them for governmental purposes. | ||
The Secretary shall require any such
applicant for services to | ||
pay for the costs of furnishing such services and the
use of | ||
the equipment involved, and in addition is empowered to | ||
establish prices
and charges for the services so furnished and | ||
for the use of the electronic
equipment utilized.
| ||
(b) The Secretary is further empowered to and he may, in | ||
his discretion,
furnish to any applicant, other than listed in | ||
subsection (a) of this Section,
vehicle or driver data on a | ||
computer tape, disk, other electronic format or
computer | ||
processable medium, or printout at a fixed fee of
$250 for | ||
orders received before October 1, 2003 and $500 for orders | ||
received
on or after October 1, 2003, in advance, and require | ||
in addition a
further sufficient
deposit based upon the | ||
Secretary of State's estimate of the total cost of the
| ||
information requested and a charge of $25 for orders received | ||
before October
1, 2003 and $50 for orders received on or after | ||
October 1, 2003, per 1,000
units or part
thereof identified or | ||
the actual cost, whichever is greater. The Secretary is
| ||
authorized to refund any difference between the additional | ||
deposit and the
actual cost of the request. This service shall | ||
not be in lieu of an abstract
of a driver's record nor of a | ||
title or registration search. This service may
be limited to | ||
entities purchasing a minimum number of records as required by
|
administrative rule. The information
sold pursuant to this | ||
subsection shall be the entire vehicle or driver data
list, or | ||
part thereof. The information sold pursuant to this subsection
| ||
shall not contain personally identifying information unless | ||
the information is
to be used for one of the purposes | ||
identified in subsection (f-5) of this
Section. Commercial | ||
purchasers of driver and vehicle record databases shall
enter | ||
into a written agreement with the Secretary of State that | ||
includes
disclosure of the commercial use of the information to | ||
be purchased. | ||
(b-1) The Secretary is further empowered to and may, in his | ||
or her discretion, furnish vehicle or driver data on a computer | ||
tape, disk, or other electronic format or computer processible | ||
medium, at no fee, to any State or local governmental agency | ||
that uses the information provided by the Secretary to transmit | ||
data back to the Secretary that enables the Secretary to | ||
maintain accurate driving records, including dispositions of | ||
traffic cases. This information may be provided without fee not | ||
more often than once every 6 months.
| ||
(c) Secretary of State may issue registration lists. The | ||
Secretary
of State may compile a list of all registered
| ||
vehicles. Each list of registered vehicles shall be arranged | ||
serially
according to the registration numbers assigned to | ||
registered vehicles and
may contain in addition the names and | ||
addresses of registered owners and
a brief description of each | ||
vehicle including the serial or other
identifying number |
thereof. Such compilation may be in such form as in the
| ||
discretion of the Secretary of State may seem best for the | ||
purposes intended.
| ||
(d) The Secretary of State shall furnish no more than 2 | ||
current available
lists of such registrations to the sheriffs | ||
of all counties and to the chiefs
of police of all cities and | ||
villages and towns of 2,000 population and over
in this State | ||
at no cost. Additional copies may be purchased by the sheriffs
| ||
or chiefs of police at the fee
of $500 each or at the cost of | ||
producing the list as determined
by the Secretary of State. | ||
Such lists are to be used for governmental
purposes only.
| ||
(e) (Blank).
| ||
(e-1) (Blank).
| ||
(f) The Secretary of State shall make a title or | ||
registration search of the
records of his office and a written | ||
report on the same for any person, upon
written application of | ||
such person, accompanied by a fee of $5 for
each registration | ||
or title search. The written application shall set forth
the | ||
intended use of the requested information. No fee shall be | ||
charged for a
title or
registration search, or for the | ||
certification thereof requested by a government
agency. The | ||
report of the title or registration search shall not contain
| ||
personally identifying information unless the request for a | ||
search was made for
one of the purposes identified in | ||
subsection (f-5) of this Section. The report of the title or | ||
registration search shall not contain highly
restricted |
personal
information unless specifically authorized by this | ||
Code.
| ||
The Secretary of State shall certify a title or | ||
registration record upon
written request. The fee for | ||
certification shall be $5 in addition
to the fee required for a | ||
title or registration search. Certification shall
be made under | ||
the signature of the Secretary of State and shall be
| ||
authenticated by Seal of the Secretary of State.
| ||
The Secretary of State may notify the vehicle owner or | ||
registrant of
the request for purchase of his title or | ||
registration information as the
Secretary deems appropriate.
| ||
No information shall be released to the requestor until | ||
expiration of a
10 day period. This 10 day period shall not | ||
apply to requests for
information made by law enforcement | ||
officials, government agencies,
financial institutions, | ||
attorneys, insurers, employers, automobile
associated | ||
businesses, persons licensed as a private detective or firms
| ||
licensed as a private detective agency under the Private | ||
Detective, Private
Alarm, Private Security, Fingerprint | ||
Vendor, and Locksmith Act of 2004, who are employed by or are
| ||
acting on
behalf of law enforcement officials, government | ||
agencies, financial
institutions, attorneys, insurers, | ||
employers, automobile associated businesses,
and other | ||
business entities for purposes consistent with the Illinois | ||
Vehicle
Code, the vehicle owner or registrant or other entities | ||
as the Secretary may
exempt by rule and regulation.
|
Any misrepresentation made by a requestor of title or | ||
vehicle information
shall be punishable as a petty offense, | ||
except in the case of persons
licensed as a private detective | ||
or firms licensed as a private detective agency
which shall be | ||
subject to disciplinary sanctions under Section 40-10 of the
| ||
Private Detective, Private Alarm, Private Security, | ||
Fingerprint Vendor, and Locksmith Act of 2004.
| ||
(f-5) The Secretary of State shall not disclose or | ||
otherwise make
available to
any person or entity any personally | ||
identifying information obtained by the
Secretary
of State in | ||
connection with a driver's license, vehicle, or title | ||
registration
record
unless the information is disclosed for one | ||
of the following purposes:
| ||
(1) For use by any government agency, including any | ||
court or law
enforcement agency, in carrying out its | ||
functions, or any private person or
entity acting on behalf | ||
of a federal, State, or local agency in carrying out
its
| ||
functions.
| ||
(2) For use in connection with matters of motor vehicle | ||
or driver safety
and theft; motor vehicle emissions; motor | ||
vehicle product alterations, recalls,
or advisories; | ||
performance monitoring of motor vehicles, motor vehicle | ||
parts,
and dealers; and removal of non-owner records from | ||
the original owner
records of motor vehicle manufacturers.
| ||
(3) For use in the normal course of business by a | ||
legitimate business or
its agents, employees, or |
contractors, but only:
| ||
(A) to verify the accuracy of personal information | ||
submitted by
an individual to the business or its | ||
agents, employees, or contractors;
and
| ||
(B) if such information as so submitted is not | ||
correct or is no
longer correct, to obtain the correct | ||
information, but only for the
purposes of preventing | ||
fraud by, pursuing legal remedies against, or
| ||
recovering on a debt or security interest against, the | ||
individual.
| ||
(4) For use in research activities and for use in | ||
producing statistical
reports, if the personally | ||
identifying information is not published,
redisclosed, or | ||
used to
contact individuals.
| ||
(5) For use in connection with any civil, criminal, | ||
administrative, or
arbitral proceeding in any federal, | ||
State, or local court or agency or before
any
| ||
self-regulatory body, including the service of process, | ||
investigation in
anticipation of litigation, and the | ||
execution or enforcement of judgments and
orders, or | ||
pursuant to an order of a federal, State, or local court.
| ||
(6) For use by any insurer or insurance support | ||
organization or by a
self-insured entity or its agents, | ||
employees, or contractors in connection with
claims | ||
investigation activities, antifraud activities, rating, or | ||
underwriting.
|
(7) For use in providing notice to the owners of towed | ||
or
impounded vehicles.
| ||
(8) For use by any person licensed as a private | ||
detective or firm licensed as a private
detective agency | ||
under
the Private Detective, Private Alarm, Private | ||
Security, Fingerprint Vendor, and Locksmith Act of
2004, | ||
private investigative agency or security service
licensed | ||
in Illinois for any purpose permitted under this | ||
subsection.
| ||
(9) For use by an employer or its agent or insurer to | ||
obtain or verify
information relating to a holder of a | ||
commercial driver's license that is
required under chapter | ||
313 of title 49 of the United States Code.
| ||
(10) For use in connection with the operation of | ||
private toll
transportation facilities.
| ||
(11) For use by any requester, if the requester | ||
demonstrates it has
obtained the written consent of the | ||
individual to whom the information
pertains.
| ||
(12) For use by members of the news media, as defined | ||
in
Section 1-148.5, for the purpose of newsgathering when | ||
the request relates to
the
operation of a motor vehicle or | ||
public safety.
| ||
(13) For any other use specifically authorized by law, | ||
if that use is
related to the operation of a motor vehicle | ||
or public safety. | ||
(f-6) The Secretary of State shall not disclose or |
otherwise make
available to any
person or entity any highly | ||
restricted personal information obtained by the
Secretary of
| ||
State in connection with a driver's license, vehicle, or
title | ||
registration
record unless
specifically authorized by this | ||
Code.
| ||
(g) 1. The Secretary of State may, upon receipt of a | ||
written request
and a fee of $6 before October 1, 2003 and | ||
a fee of $12 on and after October
1, 2003, furnish to the | ||
person or agency so requesting a
driver's record. Such | ||
document may include a record of: current driver's
license | ||
issuance information, except that the information on | ||
judicial driving
permits shall be available only as | ||
otherwise provided by this Code;
convictions; orders | ||
entered revoking, suspending or cancelling a
driver's
| ||
license or privilege; and notations of accident | ||
involvement. All other
information, unless otherwise | ||
permitted by
this Code, shall remain confidential. | ||
Information released pursuant to a
request for a driver's | ||
record shall not contain personally identifying
| ||
information, unless the request for the driver's record was | ||
made for one of the
purposes set forth in subsection (f-5) | ||
of this Section. The Secretary of State may, without fee, | ||
allow a parent or guardian of a person under the age of 18 | ||
years, who holds an instruction permit or graduated | ||
driver's license, to view that person's driving record | ||
online, through a computer connection.
The parent or |
guardian's online access to the driving record will | ||
terminate when the instruction permit or graduated | ||
driver's license holder reaches the age of 18.
| ||
2. The Secretary of State shall not disclose or | ||
otherwise make available
to any
person or
entity any highly | ||
restricted personal information obtained by the Secretary | ||
of
State in
connection with a driver's license, vehicle, or | ||
title
registration record
unless specifically
authorized | ||
by this Code. The Secretary of State may certify an | ||
abstract of a driver's record
upon written request | ||
therefor. Such certification
shall be made under the | ||
signature of the Secretary of State and shall be
| ||
authenticated by the Seal of his office.
| ||
3. All requests for driving record information shall be | ||
made in a manner
prescribed by the Secretary and shall set | ||
forth the intended use of the
requested information.
| ||
The Secretary of State may notify the affected driver | ||
of the request
for purchase of his driver's record as the | ||
Secretary deems appropriate.
| ||
No information shall be released to the requester until | ||
expiration of a
10 day period. This 10 day period shall not | ||
apply to requests for information
made by law enforcement | ||
officials, government agencies, financial institutions,
| ||
attorneys, insurers, employers, automobile associated | ||
businesses, persons
licensed as a private detective or | ||
firms licensed as a private detective agency
under the |
Private Detective, Private Alarm, Private Security, | ||
Fingerprint Vendor, and Locksmith Act
of 2004,
who are | ||
employed by or are acting on behalf of law enforcement | ||
officials,
government agencies, financial institutions, | ||
attorneys, insurers, employers,
automobile associated | ||
businesses, and other business entities for purposes
| ||
consistent with the Illinois Vehicle Code, the affected | ||
driver or other
entities as the Secretary may exempt by | ||
rule and regulation.
| ||
Any misrepresentation made by a requestor of driver | ||
information shall
be punishable as a petty offense, except | ||
in the case of persons licensed as
a private detective or | ||
firms licensed as a private detective agency which shall
be | ||
subject to disciplinary sanctions under Section 40-10 of | ||
the Private
Detective, Private Alarm, Private Security, | ||
Fingerprint Vendor, and Locksmith Act of 2004.
| ||
4. The Secretary of State may furnish without fee, upon | ||
the written
request of a law enforcement agency, any | ||
information from a driver's
record on file with the | ||
Secretary of State when such information is required
in the | ||
enforcement of this Code or any other law relating to the | ||
operation
of motor vehicles, including records of | ||
dispositions; documented
information involving the use of | ||
a motor vehicle; whether such individual
has, or previously | ||
had, a driver's license; and the address and personal
| ||
description as reflected on said driver's record.
|
5. Except as otherwise provided in this Section, the | ||
Secretary of
State may furnish, without fee, information | ||
from an individual driver's
record on file, if a written | ||
request therefor is submitted
by any public transit system | ||
or authority, public defender, law enforcement
agency, a | ||
state or federal agency, or an Illinois local | ||
intergovernmental
association, if the request is for the | ||
purpose of a background check of
applicants for employment | ||
with the requesting agency, or for the purpose of
an | ||
official investigation conducted by the agency, or to | ||
determine a
current address for the driver so public funds | ||
can be recovered or paid to
the driver, or for any other | ||
purpose set forth in subsection (f-5)
of this Section.
| ||
The Secretary may also furnish the courts a copy of an | ||
abstract of a
driver's record, without fee, subsequent to | ||
an arrest for a violation of
Section 11-501 or a similar | ||
provision of a local ordinance. Such abstract
may include | ||
records of dispositions; documented information involving
| ||
the use of a motor vehicle as contained in the current | ||
file; whether such
individual has, or previously had, a | ||
driver's license; and the address and
personal description | ||
as reflected on said driver's record.
| ||
6. Any certified abstract issued by the Secretary of | ||
State or
transmitted electronically by the Secretary of | ||
State pursuant to this
Section,
to a court or on request of | ||
a law enforcement agency, for the record of a
named person |
as to the status of the person's driver's license shall be
| ||
prima facie evidence of the facts therein stated and if the | ||
name appearing
in such abstract is the same as that of a | ||
person named in an information or
warrant, such abstract | ||
shall be prima facie evidence that the person named
in such | ||
information or warrant is the same person as the person | ||
named in
such abstract and shall be admissible for any | ||
prosecution under this Code and
be admitted as proof of any | ||
prior conviction or proof of records, notices, or
orders | ||
recorded on individual driving records maintained by the | ||
Secretary of
State.
| ||
7. Subject to any restrictions contained in the | ||
Juvenile Court Act of
1987, and upon receipt of a proper | ||
request and a fee of $6 before October 1,
2003 and a fee of | ||
$12 on or after October 1, 2003, the
Secretary of
State | ||
shall provide a driver's record to the affected driver, or | ||
the affected
driver's attorney, upon verification. Such | ||
record shall contain all the
information referred to in | ||
paragraph 1 of this subsection (g) plus: any
recorded | ||
accident involvement as a driver; information recorded | ||
pursuant to
subsection (e) of Section 6-117 and paragraph | ||
(4) of subsection (a) of
Section 6-204 of this Code. All | ||
other information, unless otherwise permitted
by this | ||
Code, shall remain confidential.
| ||
(h) The Secretary shall not disclose social security | ||
numbers or any associated information obtained from the Social |
Security Administration except pursuant
to a written request | ||
by, or with the prior written consent of, the
individual | ||
except: (1) to officers and employees of the Secretary
who
have | ||
a need to know the social security numbers in performance of | ||
their
official duties, (2) to law enforcement officials for a | ||
lawful, civil or
criminal law enforcement investigation, and if | ||
the head of the law enforcement
agency has made a written | ||
request to the Secretary specifying the law
enforcement | ||
investigation for which the social security numbers are being
| ||
sought, (3) to the United States Department of Transportation, | ||
or any other
State, pursuant to the administration and | ||
enforcement of the Commercial
Motor Vehicle Safety Act of 1986, | ||
(4) pursuant to the order of a court
of competent jurisdiction, | ||
(5) to the Department of Healthcare and Family Services | ||
(formerly Department of Public Aid) for
utilization
in the | ||
child support enforcement duties assigned to that Department | ||
under
provisions of the Illinois Public Aid Code after the | ||
individual has received advanced
meaningful notification of | ||
what redisclosure is sought by the Secretary in
accordance with | ||
the federal Privacy Act, (5.5) to the Department of Healthcare | ||
and Family Services and the Department of Human Services solely | ||
for the purpose of verifying Illinois residency where such | ||
residency is an eligibility requirement for benefits under the | ||
Illinois Public Aid Code or any other health benefit program | ||
administered by the Department of Healthcare and Family | ||
Services or the Department of Human Services, or (6) to the |
Illinois Department of Revenue solely for use by the Department | ||
in the collection of any tax or debt that the Department of | ||
Revenue is authorized or required by law to collect, provided | ||
that the Department shall not disclose the social security | ||
number to any person or entity outside of the Department.
| ||
(i) (Blank).
| ||
(j) Medical statements or medical reports received in the | ||
Secretary of
State's Office shall be confidential. No | ||
confidential information may be
open to public inspection or | ||
the contents disclosed to anyone, except
officers and employees | ||
of the Secretary who have a need to know the information
| ||
contained in the medical reports and the Driver License Medical | ||
Advisory
Board, unless so directed by an order of a court of | ||
competent jurisdiction.
| ||
(k) All fees collected under this Section shall be paid | ||
into the Road
Fund of the State Treasury, except that (i) for | ||
fees collected before October
1, 2003, $3 of the $6 fee for a
| ||
driver's record shall be paid into the Secretary of State | ||
Special Services
Fund, (ii) for fees collected on and after | ||
October 1, 2003, of the $12 fee
for a driver's record, $3 shall | ||
be paid into the Secretary of State Special
Services Fund and | ||
$6 shall be paid into the General Revenue Fund, and (iii) for
| ||
fees collected on and after October 1, 2003, 50% of the amounts | ||
collected
pursuant to subsection (b) shall be paid into the | ||
General Revenue Fund.
| ||
(l) (Blank).
|
(m) Notations of accident involvement that may be disclosed | ||
under this
Section shall not include notations relating to | ||
damage to a vehicle or other
property being transported by a | ||
tow truck. This information shall remain
confidential, | ||
provided that nothing in this subsection (m) shall limit
| ||
disclosure of any notification of accident involvement to any | ||
law enforcement
agency or official.
| ||
(n) Requests made by the news media for driver's license, | ||
vehicle, or
title registration information may be furnished | ||
without charge or at a reduced
charge, as determined by the | ||
Secretary, when the specific purpose for
requesting the | ||
documents is deemed to be in the public interest. Waiver or
| ||
reduction of the fee is in the public interest if the principal | ||
purpose of the
request is to access and disseminate information | ||
regarding the health, safety,
and welfare or the legal rights | ||
of the general public and is not for the
principal purpose of | ||
gaining a personal or commercial benefit.
The information | ||
provided pursuant to this subsection shall not contain
| ||
personally identifying information unless the information is | ||
to be used for one
of the
purposes identified in subsection | ||
(f-5) of this Section.
| ||
(o) The redisclosure of personally identifying information
| ||
obtained
pursuant
to this Section is prohibited, except to the | ||
extent necessary to effectuate the
purpose
for which the | ||
original disclosure of the information was permitted.
| ||
(p) The Secretary of State is empowered to adopt rules
to
|
effectuate this Section.
| ||
(Source: P.A. 95-201, eff. 1-1-08; 95-287, eff. 1-1-08; 95-331, | ||
eff. 8-21-07; 95-613, eff. 9-11-07; 95-876, eff. 8-21-08; | ||
96-1383, eff. 1-1-11.)
| ||
Section 95. Severability. If any provision of this Act or | ||
application thereof to any person or circumstance is held | ||
invalid, such invalidity does not affect other provisions or | ||
applications of this Act which can be given effect without the | ||
invalid application or provision, and to this end the | ||
provisions of this Act are declared to be severable.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|