SB2801 94TH GENERAL ASSEMBLY

LRB094 15523 RSP 50722 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2801

Introduced 1/20/2006, by Sen. Donne E. Trotter

SYNOPSIS AS INTRODUCED:

20 ILCS 1705/18.4

Amends the Mental Health and Developmental Disabilities Administrative Act to provide that the first $75,000,000 (now, $73,000,000) paid to the State by the federal government under Title XIX or Title XXI of the Social Security Act for services delivered by community mental health services providers, and any interest earned thereon, shall be deposited directly into the Community Mental Health Medicaid Trust Fund. Sets forth that amounts received in excess of $100,000,000 (now, $98,000,000) in any State fiscal year after fiscal year 2006 shall be deposited 50% into the General Revenue Fund and 50% into the Community Mental Health Medicaid Trust Fund. Requires that in State fiscal year 2005, the first $75,000,000 (now, $73,000,000) in any funds paid to the State by the federal government under Title XIX or Title XXI of the Social Security Act for services delivered by community mental health services providers, and any interest earned thereon, shall be deposited directly into the Community Mental Health Trust Fund before any deposits are made into the General Revenue Fund. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by changing Section 18.4 as follows:

(20 ILCS 1705/18.4)

Sec. 18.4. Community Mental Health Medicaid Trust Fund; reimbursement.

(a) The Community Mental Health Medicaid Trust Fund is hereby created in the State Treasury.

(b) Except as otherwise provided in this Section, effective in the first fiscal year following repayment of interfund transfers under subsection (b-1), the first $75,000,000 $73,000,000 paid to the State by the federal government under Title XIX or Title XXI of the Social Security Act for services delivered by community mental health services providers, and any interest earned thereon, shall be deposited directly into the Community Mental Health Medicaid Trust Fund. The next $25,000,000 shall be deposited into the General Revenue Fund. Amounts received in excess of $100,000,000 $98,000,000 in any State fiscal year after fiscal year 2006 shall be deposited 50% into the General Revenue Fund and 50% into the Community Mental Health Medicaid Trust Fund. The Department shall analyze the budgeting and programmatic impact of this funding allocation and report to the Governor and the General Assembly the results of this analysis and any recommendations for change, no later than December 31, 2005.

(b-1) For State fiscal year 2005, the first $75,000,000 $73,000,000 in any funds paid to the State by the federal government under Title XIX or Title XXI of the Social Security Act for services delivered by community mental health services providers, and any interest earned thereon, shall be deposited directly into the Community Mental Health Trust Fund before any deposits are made into the General Revenue Fund. The next $25,000,000, less any deposits made prior to the effective date of this amendatory Act of the 94th General Assembly, shall be deposited into the General Revenue Fund. Amounts received in excess of $98,000,000 shall be deposited 50% into the General Revenue Fund and 50% into the Community Mental Health Medicaid Trust Fund. At the direction of the Director of Public Aid, on April 1, 2005, or as soon thereafter as practical, the Comptroller shall direct and the State Treasurer shall transfer amounts not to exceed $14,000,000 into the Community Mental Health Medicaid Fund from the Public Aid Recoveries Trust Fund.

(b-2) For State fiscal year 2006, and in subsequent fiscal years until any transfers under subsection (b-1) are repaid, the first $73,000,000 in any funds paid to the State by the federal government under Title XIX or Title XXI of the Social Security Act for services delivered by community mental health services providers, and any interest earned thereon, shall be deposited directly into the Community Mental Health Trust Fund. Then the next $14,000,000, or such amount as was transferred under subsection (b-1) at the direction of the Director of Public Aid, shall be deposited into the Public Aid Recoveries Trust Fund. The next $11,000,000 shall be deposited into the General Revenue Fund. Any additional amounts received shall be deposited 50% into the General Revenue Fund and 50% into the Community Mental Health Medicaid Trust Fund.

(c) The Department shall reimburse community mental health services providers for Medicaid-reimbursed mental health services provided to eligible individuals. Moneys in the Community Mental Health Medicaid Trust Fund may be used for that purpose.

(d) As used in this Section:

"Medicaid-reimbursed mental health services" means services provided by a community mental health provider under an agreement with the Department that is eligible for reimbursement under the federal Title XIX program or Title XXI program.

"Provider" means a community agency that is funded by the Department to provide a Medicaid-reimbursed service.

"Services" means mental health services provided under one of the following programs:

(1) Medicaid Clinic Option;

(2) Medicaid Rehabilitation Option;

(3) Targeted Case Management.

(Source: P.A. 93-841, eff. 7-30-04; 94-58, eff. 6-17-05.)

Section 99. Effective date. This Act takes effect upon becoming law.