Public Act 096-1346
 
SB3815 EnrolledLRB096 20788 KTG 36541 b



    AN ACT concerning public aid.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Illinois Public Aid Code is amended  by 
adding Section 12-4.40 as follows:
 
    (305 ILCS 5/12-4.40 new)
    Sec. 12-4.40. Public Benefits Fraud Protection Task Force.
    (a) Purpose. The purpose of the Public Benefits Fraud 
Protection Task Force is to conduct a thorough review of the 
nature of public assistance fraud in the State of Illinois; to 
ascertain the  feasibility of implementing a mechanism to 
determine the pervasiveness and frequency of public assistance 
fraud; to calculate the detriment of public assistance fraud to 
the financial status and socio-economic status of public aid 
recipients specifically and Illinois taxpayers generally; and 
to determine if more stringent penalties or compassionate 
procedures are necessary.
    (b) Definitions. As used in this Section:
    "Task Force" means the Public Benefits Fraud Protection 
Task Force.
    "Public assistance" or "public aid" includes, without 
limitation,  Medicaid, TANF, the Illinois LINK Program, General 
Assistance, Transitional Assistance, the Supplemental 
Nutrition Assistance Program, and the Child Care Assistance 
Program.
    (c) The Public Benefits Fraud Protection Task Force. The 
Public Benefits Fraud Protection Task Force is created. The 
Task Force shall be composed of 17 members appointed as 
follows:
        (1) One member of the Illinois Senate appointed by the 
    President of the Senate, who shall be co-chair to the Task 
    Force;
        (2)

One member of the Illinois Senate appointed by the 
    Senate Minority Leader;
        (3)

One member of the Illinois House of Representatives 
    appointed by the Speaker of the House of Representatives, 
    who shall be co-chair to the Task Force;
        (4)

One member of the Illinois House of Representatives 
    appointed by the House Minority Leader;
        (5)

The following persons, or their designees: the 
    Director of Public Health, the Director of Healthcare and 
    Family Services, and the Secretary of Human Services;
        (6)

The Director of the Illinois Department on Aging, 
    or his or her designee;
        (7) The Executive Inspector General appointed by the 
    Governor, or his or her designee;
        (8)

The Inspector General of the Illinois Department of 
    Human Services, or his or her designee;
        (9)

A representative from the Illinois State Police 
    Medicaid Fraud Control Unit;
        (10) Three persons, who are not currently employed by a 
    State agency, appointed by the Secretary of Human Services, 
    one of whom shall be a person with professional experience 
    in child care issues, one of whom shall be a person with 
    knowledge and experience in legal aid services, and  one of 
    whom shall be a person with knowledge and experience in 
    poverty law;
        (11) The Attorney General, or his or her designee;
        (12) A representative of a union representing front 
    line State employees who administer public benefits 
    programs; and 
        (13) A representative of a statewide business 
    association.
    (d) Compensation and qualifications. Members shall serve 
without compensation and shall be adults and residents of 
Illinois.
    (e) Appointments. Appointments shall be made 90 days from 
the effective date of this amendatory Act of the 96th General 
Assembly.
    (f) Hearings. The Task Force shall solicit comments from 
stakeholders and hold public hearings before filing any report 
required by this Section. At the public hearings, the Task 
Force shall allow interested persons to present their views and 
comments. The Task Force shall submit all reports required by 
this Section to the Governor and the General Assembly. In 
addition to the reports required by this Section, the Task 
Force may provide, at its discretion, interim reports and 
recommendations. The Department of Human Services shall 
provide administrative support to the Task Force.
    (g) Task Force duties. The Task Force shall gather 
information and make recommendations relating to at least the 
following topics in relation to public assistance fraud:
        (1) Reviews of provider billing of public aid claims.
        (2) Reviews of recipient utilization of public aid.
        (3) Protocols for investigating recipient public aid

    fraud.
        (4) Protocols for investigating provider public aid

    fraud.
        (5) Reporting of alleged fraud by private citizens

    through qui tam actions.
        (6) Examination of current fraud prevention measures

    which may hinder legitimate aid claims.
        (7) Coordination between relevant agencies in fraud

    investigation.
        (8) Financial audit of the current costs borne by aid

    recipients and Illinois government through fraud.
        (9) Examination of enhanced penalties for fraudulent

    recipients and providers.
        (10) Enhanced whistleblower protections.
        (11) Voluntary assistance from businesses and 
    community groups in efforts to curb fraud.
    (h) Task Force recommendations. Any of the findings, 
recommendations, public postings, and other relevant 
information regarding the Task Force shall be made available on 
the Department of Human Services' website.
    (i) Reporting requirements. The Task Force shall submit 
findings and recommendations to the Governor and the General 
Assembly by December 31, 2011, including any necessary 
implementing legislation, and recommendations for changes to 
policies, rules, or procedures that are not incorporated in the 
implementing legislation.
    (j) Dissolution of Task Force. The Task Force shall be 
dissolved 90 days after its report has been submitted to the 
Governor's Office and the General Assembly. 

 
    Section 99. Effective date. This Act takes effect January 
1, 2011.