Sen. Jeffrey M. Schoenberg
Filed: 2/25/2009
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1 | AMENDMENT TO HOUSE BILL 1027
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2 | AMENDMENT NO. ______. Amend House Bill 1027 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Interfund Borrowing Act of 2009. | ||||||
6 | Section 5. Interfund transfers. | ||||||
7 | (a) Notwithstanding any other provision of State law to the | ||||||
8 | contrary, on the effective date of this Act, or as soon | ||||||
9 | thereafter as practical, for the purpose of making hospital | ||||||
10 | access payments as set forth in the Title XIX State plan | ||||||
11 | amendments 08-06 and 08-07 submitted by the Department of | ||||||
12 | Healthcare and Family Services and approved by the Center for | ||||||
13 | Medicaid and State Operations as required in 305 ILCS | ||||||
14 | 5/5A-12.2, the State Comptroller shall direct and the State | ||||||
15 | Treasurer shall transfer amounts into the Hospital Provider | ||||||
16 | Fund from the designated funds not exceeding the following |
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1 | totals: | ||||||
2 | General Obligation Bond Retirement | ||||||
3 | and Interest Fund ........................$335,000,000 | ||||||
4 | State Employees' Retirement System Fund ......$175,000,000 | ||||||
5 | (b) On and after the effective date of this Act of the 96th | ||||||
6 | General Assembly through April 14, 2009, if either the General | ||||||
7 | Obligation Bond Retirement and Interest Fund or the State | ||||||
8 | Employees' Retirement System Fund has insufficient cash from | ||||||
9 | which the State Comptroller may make expenditures properly | ||||||
10 | supported by appropriations from the fund, then the State | ||||||
11 | Treasurer and State Comptroller shall transfer from the General | ||||||
12 | Revenue Fund to the fund only such amount as is immediately | ||||||
13 | necessary to satisfy outstanding expenditure obligations on a | ||||||
14 | timely basis, subject to the provisions of the State Prompt | ||||||
15 | Payment Act. All or a portion of the amounts transferred from | ||||||
16 | the General Revenue Fund to a fund pursuant to this subsection | ||||||
17 | (b) from time to time may be re-transferred by the State | ||||||
18 | Comptroller and the State Treasurer from the receiving fund | ||||||
19 | into the General Revenue Fund as soon as and to the extent that | ||||||
20 | deposits are made into or receipts are collected by the | ||||||
21 | receiving fund. | ||||||
22 | (c) As soon as practical upon receipt of assessment | ||||||
23 | payments to the Hospital Provider Fund pursuant to 305 ILCS | ||||||
24 | 5/5A-2 and 5/5A-4, but under no circumstance later than April |
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1 | 14, 2009, any amounts transferred to the Hospital Provider Fund | ||||||
2 | under the authority of this Section shall be transferred back | ||||||
3 | and receipted by the specific fund of origin, with the General | ||||||
4 | Obligation Bond Retirement and Interest Fund first being repaid | ||||||
5 | in full. These transfers back to the funds of origin shall be | ||||||
6 | made and receipted notwithstanding any other State law to the | ||||||
7 | contrary. If, as of April 14, 2009, there is insufficient money | ||||||
8 | in the Hospital Provider Fund to make the transfers as provided | ||||||
9 | in this Section, then those transfers shall instead be made | ||||||
10 | from the General Revenue Fund. Transfers must be made from the | ||||||
11 | Hospital Provider Fund to the General Revenue Fund to replace | ||||||
12 | any such transfers made as soon as there is sufficient money in | ||||||
13 | the Hospital Provider Fund to do so.
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14 | Section 10. Interest payable to the General Obligation Bond | ||||||
15 | Retirement and Interest Fund and the State Employees' | ||||||
16 | Retirement System Fund. As soon as practical after all amounts | ||||||
17 | initially transferred from the General Obligation Bond | ||||||
18 | Retirement and Interest Fund and the State Employees' | ||||||
19 | Retirement System Fund have been transferred back pursuant to | ||||||
20 | Section 5 of this Act, the State Treasurer shall calculate the | ||||||
21 | amounts of interest that would have accrued to both the General | ||||||
22 | Obligation Bond Retirement and Interest Fund and the State | ||||||
23 | Employees' Retirement System Fund if those transfers had not | ||||||
24 | occurred and transfer those amounts from the Hospital Provider | ||||||
25 | Fund to the General Obligation Bond Retirement and Interest |
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1 | Fund and the State Employees' Retirement System Fund. | ||||||
2 | Section 15. Prohibition on payments to contractors. No fees | ||||||
3 | or expenses shall be paid by the State to any contractual legal | ||||||
4 | counsel, financial advisor, or other consultant or contractor | ||||||
5 | in relation to the actions authorized pursuant to this Act. | ||||||
6 | Section 90. The Illinois Public Aid Code is amended by | ||||||
7 | changing Section 5A-8 as follows: | ||||||
8 | (305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
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9 | Sec. 5A-8. Hospital Provider Fund.
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10 | (a) There is created in the State Treasury the Hospital | ||||||
11 | Provider Fund.
Interest earned by the Fund shall be credited to | ||||||
12 | the Fund. The
Fund shall not be used to replace any moneys | ||||||
13 | appropriated to the
Medicaid program by the General Assembly.
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14 | (b) The Fund is created for the purpose of receiving moneys
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15 | in accordance with Section 5A-6 and disbursing moneys only for | ||||||
16 | the following
purposes, notwithstanding any other provision of | ||||||
17 | law:
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18 | (1) For making payments to hospitals as required under | ||||||
19 | Articles V, VI,
and XIV of this Code, under the Children's | ||||||
20 | Health Insurance Program Act, and under the Covering ALL | ||||||
21 | KIDS Health Insurance Act.
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22 | (2) For the reimbursement of moneys collected by the
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23 | Illinois Department from hospitals or hospital providers |
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1 | through error or
mistake in performing the
activities | ||||||
2 | authorized under this Article and Article V of this Code.
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3 | (3) For payment of administrative expenses incurred by | ||||||
4 | the
Illinois Department or its agent in performing the | ||||||
5 | activities
authorized by this Article.
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6 | (4) For payments of any amounts which are reimbursable | ||||||
7 | to
the federal government for payments from this Fund which | ||||||
8 | are
required to be paid by State warrant.
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9 | (5) For making transfers, as those transfers are | ||||||
10 | authorized
in the proceedings authorizing debt under the | ||||||
11 | Short Term Borrowing Act,
but transfers made under this | ||||||
12 | paragraph (5) shall not exceed the
principal amount of debt | ||||||
13 | issued in anticipation of the receipt by
the State of | ||||||
14 | moneys to be deposited into the Fund.
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15 | (6) For making transfers to any other fund in the State | ||||||
16 | treasury, but
transfers made under this paragraph (6) shall | ||||||
17 | not exceed the amount transferred
previously from that | ||||||
18 | other fund into the Hospital Provider Fund.
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19 | (7) For State fiscal years 2004 and 2005 for making | ||||||
20 | transfers to the Health and Human Services
Medicaid Trust | ||||||
21 | Fund, including 20% of the moneys received from
hospital | ||||||
22 | providers under Section 5A-4 and transferred into the | ||||||
23 | Hospital
Provider
Fund under Section 5A-6. For State fiscal | ||||||
24 | year 2006 for making transfers to the Health and Human | ||||||
25 | Services Medicaid Trust Fund of up to $130,000,000 per year | ||||||
26 | of the moneys received from hospital providers under |
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1 | Section 5A-4 and transferred into the Hospital Provider | ||||||
2 | Fund under Section 5A-6. Transfers under this paragraph | ||||||
3 | shall be made within 7
days after the payments have been | ||||||
4 | received pursuant to the schedule of payments
provided in | ||||||
5 | subsection (a) of Section 5A-4.
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6 | (7.5) For State fiscal year 2007 for making
transfers | ||||||
7 | of the moneys received from hospital providers under | ||||||
8 | Section 5A-4 and transferred into the Hospital Provider | ||||||
9 | Fund under Section 5A-6 to the designated funds not | ||||||
10 | exceeding the following amounts
in that State fiscal year: | ||||||
11 | Health and Human Services | ||||||
12 | Medicaid Trust Fund .................
$20,000,000 | ||||||
13 | Long-Term Care Provider Fund ............
$30,000,000 | ||||||
14 | General Revenue Fund ...................
$80,000,000. | ||||||
15 | Transfers under this paragraph shall be made within 7 | ||||||
16 | days after the payments have been received pursuant to the | ||||||
17 | schedule of payments provided in subsection (a) of Section | ||||||
18 | 5A-4.
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19 | (7.8) For State fiscal year 2008, for making transfers | ||||||
20 | of the moneys received from hospital providers under | ||||||
21 | Section 5A-4 and transferred into the Hospital Provider | ||||||
22 | Fund under Section 5A-6 to the designated funds not | ||||||
23 | exceeding the following amounts in that State fiscal year: | ||||||
24 | Health and Human Services | ||||||
25 | Medicaid Trust Fund ..................$40,000,000 | ||||||
26 | Long-Term Care Provider Fund ..............$60,000,000 |
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1 | General Revenue Fund ...................$160,000,000. | ||||||
2 | Transfers under this paragraph shall be made within 7 | ||||||
3 | days after the payments have been received pursuant to the | ||||||
4 | schedule of payments provided in subsection (a) of Section | ||||||
5 | 5A-4. | ||||||
6 | (7.9) For State fiscal years 2009 through 2013, for | ||||||
7 | making transfers of the moneys received from hospital | ||||||
8 | providers under Section 5A-4 and transferred into the | ||||||
9 | Hospital Provider Fund under Section 5A-6 to the designated | ||||||
10 | funds not exceeding the following amounts in that State | ||||||
11 | fiscal year: | ||||||
12 | Health and Human Services | ||||||
13 | Medicaid Trust Fund ...................$20,000,000 | ||||||
14 | Long Term Care Provider Fund ..............$30,000,000 | ||||||
15 | General Revenue Fund .....................$80,000,000. | ||||||
16 | Except as provided under this paragraph, transfers | ||||||
17 | Transfers under this paragraph shall be made within 7 | ||||||
18 | business days after the payments have been received | ||||||
19 | pursuant to the schedule of payments provided in subsection | ||||||
20 | (a) of Section 5A-4. For State fiscal year 2009, transfers | ||||||
21 | to the General Revenue Fund under this paragraph shall be | ||||||
22 | made on or before June 30, 2009, as sufficient funds become | ||||||
23 | available in the Hospital Provider Fund to both make the | ||||||
24 | transfers and continue hospital payments. | ||||||
25 | (8) For making refunds to hospital providers pursuant | ||||||
26 | to Section 5A-10.
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1 | Disbursements from the Fund, other than transfers | ||||||
2 | authorized under
paragraphs (5) and (6) of this subsection, | ||||||
3 | shall be by
warrants drawn by the State Comptroller upon | ||||||
4 | receipt of vouchers
duly executed and certified by the Illinois | ||||||
5 | Department.
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6 | (c) The Fund shall consist of the following:
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7 | (1) All moneys collected or received by the Illinois
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8 | Department from the hospital provider assessment imposed | ||||||
9 | by this
Article.
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10 | (2) All federal matching funds received by the Illinois
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11 | Department as a result of expenditures made by the Illinois
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12 | Department that are attributable to moneys deposited in the | ||||||
13 | Fund.
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14 | (3) Any interest or penalty levied in conjunction with | ||||||
15 | the
administration of this Article.
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16 | (4) Moneys transferred from another fund in the State | ||||||
17 | treasury.
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18 | (5) All other moneys received for the Fund from any | ||||||
19 | other
source, including interest earned thereon.
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20 | (d) (Blank).
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21 | (Source: P.A. 94-242, eff. 7-18-05; 94-839, eff. 6-6-06; | ||||||
22 | 95-707, eff. 1-11-08; 95-859, eff. 8-19-08.)
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23 | Section 95. Repeal. The Interfund Borrowing Act of 2009 is | ||||||
24 | repealed on July 1, 2009.
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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