Public Act 097-0691
 
SB3397 EnrolledLRB097 17074 PJG 62272 b


  
    AN ACT concerning finance.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The State Finance Act is amended  by changing 
Section 25 as follows:
 



    (30 ILCS 105/25)  (from Ch. 127, par. 161)



    Sec. 25. Fiscal year limitations. 

    (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.

    (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.

    (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

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.

    (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-2.5) All outstanding liabilities as of June 30, 2011, 
payable from appropriations that would otherwise expire at the 
conclusion of the lapse period for fiscal year 2011, and 
interest penalties payable on those liabilities under the State 
Prompt Payment Act, may be paid out of the expiring 
appropriations until December 31, 2011, 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, 2011. 
    (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 (or 
successor agency) 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 and 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 (or successor 
agency) 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.




    (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 and 
, 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. 
    (k)  Department of Healthcare and Family Services Medical 
Assistance Payments. 
        (1) Definition of Medical Assistance. 
            For purposes of this subsection, the term "Medical 
        Assistance" shall include, but not necessarily be 
        limited to, medical programs and services authorized 
        under Titles XIX and XXI of the Social Security Act, 
        the Illinois Public Aid Code, the Children's Health 
        Insurance Program Act, the Covering ALL KIDS Health 
        Insurance Act, the Long Term Acute Care Hospital 
        Quality Improvement Transfer Program Act, and medical 
        care to or on behalf of persons suffering from chronic 
        renal disease, persons suffering from hemophilia and 
        victims of sexual assault. 
        (2)  Limitations on Medical Assistance payments that 
    may be paid from future fiscal year appropriations. 
            (A) The maximum amounts of annual unpaid Medical 
        Assistance bills received and recorded by the 
        Department of Healthcare and Family Services on or 
        before June 30th of a particular fiscal year 
        attributable in aggregate to the General Revenue Fund, 
        Healthcare Provider Relief Fund, Tobacco Settlement 
        Recovery Fund, Long-Term Care Provider Fund, and the 
        Drug Rebate Fund that may be paid in total by the 
        Department from future fiscal year Medical Assistance 
        appropriations to those funds are:
$700,000,000 for 
        fiscal year 2013 and $100,000,000 for fiscal year 2014 
        and each fiscal year thereafter. 
            (B) Bills for Medical Assistance services rendered 
        in a particular fiscal year, but received and recorded 
        by the Department of Healthcare and Family Services 
        after June 30th of that fiscal year, may be paid from 
        either appropriations for that fiscal year or future 
        fiscal year appropriations for Medical Assistance.  
        Such payments shall not be subject to the requirements 
        of subparagraph (A). 
            (C) Medical Assistance bills received by the 
        Department of Healthcare and Family Services in a 
        particular fiscal year, but subject to payment amount 
        adjustments in a future fiscal year may be paid from a 
        future fiscal year's appropriation for Medical 
        Assistance.  Such payments shall not be subject to the 
        requirements of subparagraph (A). 
            (D) Medical Assistance payments made by the 
        Department of Healthcare and Family Services from 
        funds other than those specifically referenced in 
        subparagraph (A) may be made from appropriations for 
        those purposes for any fiscal year without regard to 
        the fact that the Medical Assistance services being 
        compensated for by such payment may have been rendered 
        in a prior fiscal year.  Such payments shall not be 
        subject to the requirements of subparagraph (A). 
        (3) Extended lapse period for Department of Healthcare 
    and Family Services Medical Assistance payments. 
    Notwithstanding any other State law to the contrary, 
    outstanding Department of Healthcare and Family Services 
    Medical Assistance liabilities, as of June 30th, payable 
    from appropriations which have otherwise expired, may be 
    paid out of the expiring appropriations during the 6-month 
    period ending at the close of business on December 31st. 
    (l) The changes to this Section made by this amendatory Act 
of the 97th General Assembly shall be effective for payment of 
Medical Assistance bills incurred in fiscal year 2013 and 
future fiscal years. The changes to this Section made by this 
amendatory Act of the 97th General Assembly shall not be 
applied to Medical Assistance bills incurred in fiscal year 
2012 or prior fiscal years. 
(Source: P.A. 96-928, eff. 6-15-10; 96-958, eff. 7-1-10; 
96-1501, eff. 1-25-11; 97-75, eff. 6-30-11; 97-333, eff. 
8-12-11.)

 
    Section 98. This Act does not take effect at all unless

both House Bill 5007, as amended, of the 97th General Assembly

and Senate Bill 2840, as amended, of the 97th General Assembly

become law.
 

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