|
Section 15. The Illinois Athletic Trainers Practice Act is |
amended by adding Section 16.5 as follows:
|
(225 ILCS 5/16.5 new) |
Sec. 16.5. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 20. The Clinical Psychologist Licensing Act is |
amended by adding Section 15.1 as follows:
|
(225 ILCS 15/15.1 new) |
Sec. 15.1. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 25. The Clinical Social Work and Social Work |
Practice Act is amended by adding Section 19.5 as follows:
|
(225 ILCS 20/19.5 new) |
Sec. 19.5. Suspension of license for failure to pay |
restitution. The Department, without further process or |
|
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 30. The Illinois Dental Practice Act is amended by |
adding Section 23c as follows:
|
(225 ILCS 25/23c new) |
Sec. 23c. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 35. The Hearing Instrument Consumer Protection Act |
is amended by adding Section 18.5 as follows:
|
(225 ILCS 50/18.5 new) |
Sec. 18.5. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
|
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 40. The Home Medical Equipment and Services |
Provider License Act is amended by adding Section 77 as |
follows:
|
(225 ILCS 51/77 new) |
Sec. 77. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 45. The Marriage and Family Therapy Licensing Act |
is amended by adding Section 87 as follows:
|
(225 ILCS 55/87 new) |
Sec. 87. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 50. The Medical Practice Act of 1987 is amended by |
adding Section 22.5 as follows:
|
|
(225 ILCS 60/22.5 new) |
Sec. 22.5. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 55. The Naprapathic Practice Act is amended by |
adding Section 113 as follows:
|
(225 ILCS 63/113 new) |
Sec. 113. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 60. The Nursing and Advanced Practice Nursing Act |
is amended by adding Section 20-13 as follows:
|
(225 ILCS 65/20-13 new) |
Sec. 20-13. Suspension of license or registration for |
failure to pay restitution. The Department, without further |
process or hearing, shall suspend the license or other |
authorization to practice of any person issued under this Act |
|
who has been certified by court order as not having paid |
restitution to a person under Section 8A-3.5 of the Illinois |
Public Aid Code or under Section 46-1 of the Criminal Code of |
1961. A person whose license or other authorization to practice |
is suspended under this Section is prohibited from practicing |
until the restitution is made in full.
|
Section 65. The Illinois Occupational Therapy Practice Act |
is amended by adding Section 19.17 as follows:
|
(225 ILCS 75/19.17 new) |
Sec. 19.17. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 70. The Illinois Optometric Practice Act of 1987 is |
amended by adding Section 24.5 as follows:
|
(225 ILCS 80/24.5 new) |
Sec. 24.5. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
|
Section 75. The Orthotics, Prosthetics, and Pedorthics |
Practice Act is amended by adding Section 93 as follows:
|
(225 ILCS 84/93 new) |
Sec. 93. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 80. The Pharmacy Practice Act of 1987 is amended by |
adding Section 30.5 as follows:
|
(225 ILCS 85/30.5 new) |
Sec. 30.5. Suspension of license or certificate for failure |
to pay restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 85. The Illinois Physical Therapy Act is amended by |
adding Section 17.5 as follows:
|
(225 ILCS 90/17.5 new) |
Sec. 17.5. Suspension of license for failure to pay |
|
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 90. The Physician Assistant Practice Act of 1987 is |
amended by adding Section 21.5 as follows:
|
(225 ILCS 95/21.5 new) |
Sec. 21.5. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 95. The Podiatric Medical Practice Act of 1987 is |
amended by adding Section 24.5 as follows:
|
(225 ILCS 100/24.5 new) |
Sec. 24.5. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
|
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 100. The Respiratory Care Practice Act is amended |
by adding Section 97 as follows:
|
(225 ILCS 106/97 new) |
Sec. 97. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 105. The Professional Counselor and Clinical |
Professional Counselor
Licensing Act is amended by adding |
Section 83 as follows:
|
(225 ILCS 107/83 new) |
Sec. 83. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 110. The Illinois Speech-Language Pathology and
|
|
Audiology Practice Act is amended by adding Section 16.3 as |
follows:
|
(225 ILCS 110/16.3 new) |
Sec. 16.3. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 115. The Perfusionist Practice Act is amended by |
adding Section 107 as follows:
|
(225 ILCS 125/107 new) |
Sec. 107. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 120. The Registered Surgical Assistant and |
Registered Surgical
Technologist Title Protection Act is |
amended by adding Section 77 as follows:
|
(225 ILCS 130/77 new) |
Sec. 77. Suspension of registration for failure to pay |
|
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 125. The Genetic Counselor Licensing Act is amended |
by adding Section 97 as follows:
|
(225 ILCS 135/97 new) |
Sec. 97. Suspension of license for failure to pay |
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or |
under Section 46-1 of the Criminal Code of 1961. A person whose |
license or other authorization to practice is suspended under |
this Section is prohibited from practicing until the |
restitution is made in full.
|
Section 130. The Illinois Public Aid Code is amended by |
adding Sections 8A-3.5 and 8A-3.6 as follows:
|
(305 ILCS 5/8A-3.5 new) |
Sec. 8A-3.5. Vendor fraud and recipient fraud in medical |
assistance; restitution. A person convicted of recipient |
fraud, unauthorized use of medical assistance, vendor fraud in |
relation to the provision of medical assistance under Article V |
of this Code, or convicted of a federal criminal violation |
associated with defrauding the Medicaid program shall be |
ordered to pay
monetary
restitution to a person for any
|
|
financial loss
sustained by that person as a result of a |
violation of Section 8A-2, 8A-2.5, or 8A-3 of this Code, |
including any court costs
and attorney
fees. An order of |
restitution also includes expenses incurred and paid
in |
connection with any medical evaluation or treatment.
|
(305 ILCS 5/8A-3.6 new) |
Sec. 8A-3.6. Actions by State licensing agencies.
|
(a) All State licensing agencies, the Illinois State |
Police, and
the
Department of Financial and Professional |
Regulation shall coordinate enforcement efforts relating to |
acts
of recipient fraud, unauthorized use of medical |
assistance, or vendor fraud in relation to the provision of |
medical assistance under Article V of this Code. |
(b) If a person who is licensed or registered under the |
laws of the State of
Illinois to engage in a business or |
profession is convicted of or pleads
guilty to engaging
in an |
act of recipient fraud, unauthorized use of medical assistance, |
or vendor fraud in relation to the provision of medical |
assistance under Article V of this Code, the Illinois State |
Police must forward
to each
State agency by which the person is |
licensed or registered a copy of the
conviction or
plea and all |
supporting evidence. |
(c) Any agency that receives information under this Section |
shall, not later
than
6 months after the date on which it |
receives the information, publicly report the final action
|
taken
against the convicted person, including but not limited |
to the revocation or
suspension
of the license or any other |
disciplinary action taken.
|
Section 135. The Criminal Code of 1961 is amended by |
changing Section 46-1 and by adding Section 46-6 as follows:
|
(720 ILCS 5/46-1)
|
Sec. 46-1. Insurance fraud.
|
(a) A person commits the offense of insurance fraud when he |
|
or she knowingly
obtains, attempts to obtain, or causes to be
|
obtained, by deception, control over the property of an |
insurance
company or self-insured entity by
the making of a |
false claim or by causing a false claim to be made on any
|
policy of insurance issued by an insurance
company or by the |
making of a false claim to a self-insured entity,
intending to |
deprive an insurance
company or self-insured entity |
permanently of the use and
benefit of that property.
|
(b) Sentence.
|
(1) A violation of this Section in which the value of |
the property
obtained or attempted to be obtained is $300 |
or less is a Class A misdemeanor.
|
(2) A violation of the Section in which the value of |
the property
obtained or attempted to be obtained is more |
than $300 but not more than
$10,000 is a Class 3 felony.
|
(3) A violation of this Section in which the value of |
the property
obtained or attempted to be obtained is more |
than $10,000 but not more than
$100,000 is a Class 2 |
felony.
|
(4) A violation of this Section in which the value of |
the property
obtained or attempted to be obtained is more |
than $100,000 is a Class 1 felony. |
(5) A person convicted of insurance fraud, vendor |
fraud, or a federal criminal violation associated with |
defrauding the Medicaid program shall be ordered to pay
|
monetary
restitution to the insurance company or |
self-insured entity or any other person for any
financial |
loss
sustained as a result of a violation of this Section, |
including any court costs
and attorney
fees. An order of |
restitution also includes expenses incurred and paid by
the |
State of Illinois or an insurance company or self-insured |
entity
in connection with any medical evaluation or |
treatment services.
|
(c) For the purposes of this Article, where the exact value
|
of property
obtained or attempted to be obtained is either not |
alleged by the accused or
not specifically set by the terms of |
|
a policy of insurance, the
value of the
property shall be the |
fair market replacement value of the property claimed
to be |
lost, the reasonable costs of reimbursing a vendor or other |
claimant
for services to be rendered, or both.
|
(d) Definitions. For the purposes of this Article:
|
(1) "Insurance company" means "company" as defined |
under Section 2 of the
Illinois Insurance Code.
|
(2) "Self-insured entity" means any person, business, |
partnership,
corporation, or organization that sets aside |
funds to meet his, her, or its
losses or to absorb |
fluctuations in the amount of loss, the losses being
|
charged against the funds set aside or accumulated.
|
(3) "Obtain", "obtains control", "deception", |
"property" and "permanent
deprivation"
have the meanings |
ascribed to those terms in Article 15 of this Code.
|
(4) "Governmental entity" means each officer, board, |
commission, and
agency created by the constitution, |
whether in the executive, legislative, or
judicial branch |
of State government; each officer, department, board,
|
commission, agency, institution, authority, university, |
and body politic and
corporate of the State; each |
administrative unit or corporate outgrowth of
State |
government that is created by or pursuant to
statute, |
including units of local government and their officers, |
school
districts, and boards of election commissioners; |
and each administrative unit
or corporate outgrowth of the |
above and as may be created by executive order of
the |
Governor.
|
(5) "False claim" means any statement made to any |
insurer, purported
insurer, servicing corporation, |
insurance broker, or insurance agent, or any
agent or |
employee of the entities, and made as part of, or in |
support of, a
claim for
payment or other benefit under a |
policy of insurance, or as part of, or
in support of, an |
application for the issuance of, or the rating of, any
|
insurance policy, when the statement contains any false, |
|
incomplete, or
misleading information concerning any fact |
or thing material to the claim, or
conceals the occurrence |
of an event that is material to any person's initial or
|
continued right or entitlement to any insurance benefit or |
payment, or the
amount of any benefit or payment to which |
the person is entitled.
|
(6) "Statement" means any assertion, oral, written, or |
otherwise, and
includes, but is not limited to, any notice, |
letter, or memorandum; proof of
loss; bill of lading; |
receipt for payment; invoice, account, or other financial
|
statement; estimate of property damage; bill for services; |
diagnosis or
prognosis;
prescription; hospital, medical or |
dental chart or other record, x-ray,
photograph, |
videotape, or movie film; test result; other evidence of |
loss,
injury, or expense; computer-generated document; and |
data in any form.
|
(Source: P.A. 90-333, eff. 1-1-98; 91-232, eff. 1-1-00.)
|
(720 ILCS 5/46-6 new) |
Sec. 46-6. Actions by State licensing agencies.
|
(a) All State licensing agencies, the Illinois State |
Police, and
the
Department of Financial and Professional |
Regulation shall coordinate enforcement efforts relating to |
acts
of
insurance fraud. |
(b) If a person who is licensed or registered under the |
laws of the State of
Illinois to engage in a business or |
profession is convicted of or pleads
guilty to engaging
in an |
act of insurance fraud, the Illinois State Police must forward
|
to each
State agency by which the person is licensed or |
registered a copy of the
conviction or
plea and all supporting |
evidence. |
(c) Any agency that receives information under this Section |
shall, not later
than
6 months after the date on which it |
receives the information, publicly report the final action
|
taken
against the convicted person, including but not limited |
to the revocation or
suspension
of the license or any other |