Public Act 097-0647
 
SB0773 EnrolledLRB097 04506 KTG 44545 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 
changing Section 12-9 as follows:
 



    (305 ILCS 5/12-9)  (from Ch. 23, par. 12-9)



    Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The 
Public Aid Recoveries Trust Fund shall consist of (1)

recoveries by the Department of Healthcare and Family Services 
(formerly Illinois Department of Public Aid) authorized by this 
Code
in respect to applicants or recipients under Articles III, 
IV, V, and VI,
including recoveries made by the Department of 
Healthcare and Family Services (formerly Illinois Department 
of Public
Aid) from the estates of deceased recipients, (2) 
recoveries made by the
Department of Healthcare and Family 
Services (formerly Illinois Department of Public Aid) in 
respect to applicants and recipients under
the Children's 
Health Insurance Program Act, the Covering ALL KIDS Health 
Insurance Act, and the Senior Citizens and Disabled Persons 
Property Tax Relief and Pharmaceutical Assistance Act, (3) 
federal funds received on
behalf of and earned by State 
universities and local governmental entities
for services 
provided to
applicants or recipients covered under this Code, 
the Children's Health Insurance Program Act, the Covering ALL 
KIDS Health Insurance Act, and the Senior Citizens and Disabled 
Persons Property Tax Relief and Pharmaceutical Assistance Act, 
(3.5) federal financial participation revenue related to 
eligible disbursements made by the Department of Healthcare and 
Family Services from appropriations required by this Section, 
and (4) all other moneys received to the Fund, including 
interest thereon.  The Fund shall be held
as a special fund in 
the State Treasury.

    Disbursements from this Fund shall be only (1) for the 
reimbursement of
claims collected by the Department of 
Healthcare and Family Services (formerly Illinois Department 
of Public Aid) through error
or mistake, (2) for payment to 
persons or agencies designated as payees or
co-payees on any 
instrument, whether or not negotiable, delivered to the

Department of Healthcare and Family Services (formerly

Illinois Department of Public Aid) as a recovery under this 
Section, such
payment to be in proportion to the respective 
interests of the payees in the
amount so collected, (3) for 
payments to the Department of Human Services
for collections 
made by the Department of Healthcare and Family Services 
(formerly Illinois Department of Public Aid) on behalf of
the 
Department of Human Services under this Code, the Children's 
Health Insurance Program Act, and the Covering ALL KIDS Health 
Insurance Act, (4) for payment of
administrative expenses 
incurred in performing the
activities authorized under this 
Code, the Children's Health Insurance Program Act, the Covering 
ALL KIDS Health Insurance Act, and the Senior Citizens and 
Disabled Persons Property Tax Relief and Pharmaceutical 
Assistance Act, (5)
for payment of fees to persons or agencies 
in the performance of activities
pursuant to the collection of 
monies owed the State that are collected
under this Code, the 
Children's Health Insurance Program Act, the Covering ALL KIDS 
Health Insurance Act, and the Senior Citizens and Disabled 
Persons Property Tax Relief and Pharmaceutical Assistance Act, 
(6) for payments of any amounts which are
reimbursable to the 
federal government which are required to be paid by State

warrant by either the State or federal government, and (7) for 
payments
to State universities and local governmental entities 
of federal funds for
services provided to
applicants or 
recipients covered under this Code, the Children's Health 
Insurance Program Act, the Covering ALL KIDS Health Insurance 
Act, and the Senior Citizens and Disabled Persons Property Tax 
Relief and Pharmaceutical Assistance Act.  Disbursements
from 
this Fund for purposes of items (4) and (5) of this
paragraph 
shall be subject to appropriations from the Fund to the 
Department of Healthcare and Family Services (formerly 
Illinois
Department of Public Aid).

    The balance in this Fund on the first day of each calendar 
quarter, after
payment therefrom of  any amounts reimbursable to 
the federal government, and
minus the amount reasonably 
anticipated to be needed to make the disbursements
during that 
quarter authorized by this Section, shall be certified by the

Director of Healthcare and Family Services and transferred by 
the
State Comptroller to the Drug Rebate Fund or the Healthcare 
Provider Relief Fund in
the State Treasury, as appropriate, 
within 30 days of the first day of
each calendar quarter. The 
Director of Healthcare and Family Services may certify and the 
State Comptroller shall transfer to the Drug Rebate Fund 
amounts on a more frequent basis. 

    On July 1, 1999, the State Comptroller shall transfer the 
sum of $5,000,000
from the Public Aid Recoveries Trust Fund 
(formerly the Public Assistance
Recoveries Trust Fund) into the 
DHS Recoveries Trust Fund.

(Source: P.A. 95-331, eff. 8-21-07; 96-1100, eff. 1-1-11.)

 
 
    Section 99. Effective date. This Act takes effect January 
1, 2012.