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1    AN ACT concerning public aid.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 

 
4    Section 5. The Illinois Public Aid Code is amended  by 
5changing Section 12-9 as follows:
 



6    (305 ILCS 5/12-9)  (from Ch. 23, par. 12-9)



7    Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The 
8Public Aid Recoveries Trust Fund shall consist of (1)

9recoveries by the Department of Healthcare and Family Services 
10(formerly Illinois Department of Public Aid) authorized by this 
11Code
in respect to applicants or recipients under Articles III, 
12IV, V, and VI,
including recoveries made by the Department of 
13Healthcare and Family Services (formerly Illinois Department 
14of Public
Aid) from the estates of deceased recipients, (2) 
15recoveries made by the
Department of Healthcare and Family 
16Services (formerly Illinois Department of Public Aid) in 
17respect to applicants and recipients under
the Children's 
18Health Insurance Program Act, the Covering ALL KIDS Health 
19Insurance Act, and the Senior Citizens and Disabled Persons 
20Property Tax Relief and Pharmaceutical Assistance Act, (3) 
21federal funds received on
behalf of and earned by State 
22universities and local governmental entities
for services 
23provided to
applicants or recipients covered under this Code, 
 
 
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1the Children's Health Insurance Program Act, the Covering ALL 
2KIDS Health Insurance Act, and the Senior Citizens and Disabled 
3Persons Property Tax Relief and Pharmaceutical Assistance Act, 
4(3.5) federal financial participation revenue related to 
5eligible disbursements made by the Department of Healthcare and 
6Family Services from appropriations required by this Section, 
7and (4) all other moneys received to the Fund, including 
8interest thereon.  The Fund shall be held
as a special fund in 
9the State Treasury.

10    Disbursements from this Fund shall be only (1) for the 
11reimbursement of
claims collected by the Department of 
12Healthcare and Family Services (formerly Illinois Department 
13of Public Aid) through error
or mistake, (2) for payment to 
14persons or agencies designated as payees or
co-payees on any 
15instrument, whether or not negotiable, delivered to the

16Department of Healthcare and Family Services (formerly

17Illinois Department of Public Aid) as a recovery under this 
18Section, such
payment to be in proportion to the respective 
19interests of the payees in the
amount so collected, (3) for 
20payments to the Department of Human Services
for collections 
21made by the Department of Healthcare and Family Services 
22(formerly Illinois Department of Public Aid) on behalf of
the 
23Department of Human Services under this Code, the Children's 
24Health Insurance Program Act, and the Covering ALL KIDS Health 
25Insurance Act, (4) for payment of
administrative expenses 
26incurred in performing the
activities authorized under this 
 
 
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1Code, the Children's Health Insurance Program Act, the Covering 
2ALL KIDS Health Insurance Act, and the Senior Citizens and 
3Disabled Persons Property Tax Relief and Pharmaceutical 
4Assistance Act, (5)
for payment of fees to persons or agencies 
5in the performance of activities
pursuant to the collection of 
6monies owed the State that are collected
under this Code, the 
7Children's Health Insurance Program Act, the Covering ALL KIDS 
8Health Insurance Act, and the Senior Citizens and Disabled 
9Persons Property Tax Relief and Pharmaceutical Assistance Act, 
10(6) for payments of any amounts which are
reimbursable to the 
11federal government which are required to be paid by State

12warrant by either the State or federal government, and (7) for 
13payments
to State universities and local governmental entities 
14of federal funds for
services provided to
applicants or 
15recipients covered under this Code, the Children's Health 
16Insurance Program Act, the Covering ALL KIDS Health Insurance 
17Act, and the Senior Citizens and Disabled Persons Property Tax 
18Relief and Pharmaceutical Assistance Act.  Disbursements
from 
19this Fund for purposes of items (4) and (5) of this
paragraph 
20shall be subject to appropriations from the Fund to the 
21Department of Healthcare and Family Services (formerly 
22Illinois
Department of Public Aid).

23    The balance in this Fund on the first day of each calendar 
24quarter, after
payment therefrom of  any amounts reimbursable to 
25the federal government, and
minus the amount reasonably 
26anticipated to be needed to make the disbursements
during that 
 
 
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1quarter authorized by this Section, shall be certified by the

2Director of Healthcare and Family Services and transferred by 
3the
State Comptroller to the Drug Rebate Fund or the Healthcare 
4Provider Relief Fund in
the State Treasury, as appropriate, 
5within 30 days of the first day of
each calendar quarter. The 
6Director of Healthcare and Family Services may certify and the 
7State Comptroller shall transfer to the Drug Rebate Fund 
8amounts on a more frequent basis. 

9    On July 1, 1999, the State Comptroller shall transfer the 
10sum of $5,000,000
from the Public Aid Recoveries Trust Fund 
11(formerly the Public Assistance
Recoveries Trust Fund) into the 
12DHS Recoveries Trust Fund.

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

 
 
14    Section 99. Effective date. This Act takes effect January 
151, 2012.