093_HB0700sam002











                                     LRB093 07272 BDD 17302 a

 1                     AMENDMENT TO HOUSE BILL 700

 2        AMENDMENT NO.     .  Amend House Bill  700  by  replacing
 3    the title with the following:
 4        "AN ACT concerning health."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The Illinois Health Facilities Authority Act
 8    is amended by changing Sections 2.06, 4.06,  and  11  and  by
 9    adding  Sections  17.1,  17.2,  17.3, 17.4, 17.5, 17.6, 17.7,
10    17.8, 17.9, and 17.10 as follows:

11        (20 ILCS 3705/2.06) (from Ch. 111 1/2, par. 1102.06)
12        Sec. 2.06. Bonds. "Bonds" means  bonds,  notes  and  bond
13    anticipation notes and any other evidences of indebtedness of
14    the  Authority  issued  under  this  Act, including refunding
15    bonds and bonds issued under Section 17.3.
16    (Source: P.A. 85-1173.)

17        (20 ILCS 3705/4.06) (from Ch. 111 1/2, par. 1104.06)
18        Sec. 4.06.  Issuance of bonds.  To  issue  bonds  of  the
19    Authority  for  any  of  its  corporate  purposes and in such
20    amounts as it deems necessary and to fund or refund the  same
 
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 1    all as provided in this Act, and with respect to bonds issued
 2    under  Section  17.3, subject to the requirements of Sections
 3    17.1 through 17.10.
 4    (Source: P.A. 77-2635.)

 5        (20 ILCS 3705/11) (from Ch. 111 1/2, par. 1111)
 6        Sec.  11.  Bonds;  liability  of  State   and   political
 7    subdivisions.
 8        (a)  Bonds  issued under the provisions of this Act shall
 9    not be deemed to constitute a debt or liability of the  State
10    or  of  any  political  subdivision  thereof  other  than the
11    Authority or a pledge of the faith and credit of the State or
12    of any such political subdivision other than  the  Authority,
13    but  shall  be  payable solely from the funds herein provided
14    therefor. The issuance of bonds under the provisions of  this
15    Act  shall  not,  directly  or  indirectly  or  contingently,
16    obligate  the  State  or any political subdivision thereof to
17    levy  any  form  of  taxation  therefor  or   to   make   any
18    appropriation  for  their  payment.  Nothing  in this Section
19    contained shall  prevent  or  be  construed  to  prevent  the
20    Authority from pledging its full faith and credit or the full
21    faith  and  credit  of a health institution to the payment of
22    bonds authorized pursuant to this Act. Nothing  in  this  Act
23    shall  be  construed  to  authorize the Authority to create a
24    debt of the State within the meaning of the  Constitution  or
25    Statutes  of  Illinois  and all bonds issued by the Authority
26    pursuant to the provisions of this Act are payable and  shall
27    state that they are payable solely from the funds pledged for
28    their  payment  in accordance with the resolution authorizing
29    their issuance or in any trust indenture or mortgage or  deed
30    of  trust  executed as security therefor. The State shall not
31    in any event be liable for the payment of the principal of or
32    interest on any bonds of the Authority or for the performance
33    of any pledge, mortgage, obligation or agreement of any  kind
 
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 1    whatsoever  which  may  be  undertaken  by  the Authority. No
 2    breach of any such pledge, mortgage, obligation or  agreement
 3    may  impose  any  pecuniary  liability  upon the State or any
 4    charge upon its general credit or against its taxing power.
 5        (b)  The provisions of subsection (a)  do  not  apply  to
 6    bonds  issued  under Section 17.3, the nature of which are as
 7    described in Section 17.6.
 8    (Source: P.A. 77-2635.)

 9        (20 ILCS 3705/17.1 new)
10        Sec. 17.1. Financially distressed provider refunding bond
11    program; findings and declaration  of  policy.   The  General
12    Assembly  finds  and  declares  that  health  care  and human
13    services providers in the State  of  Illinois  are  currently
14    experiencing  serious and sustained financial problems. These
15    financial problems are most severe for a group of health  and
16    human  services  providers who receive significant amounts of
17    funding from the State of Illinois and for a group of  health
18    care  providers  who  serve  a predominantly indigent patient
19    population in areas of critical need throughout the State  of
20    Illinois.  The  financial  difficulties  being experienced by
21    this group of health and human services  providers  has  been
22    significantly worsened as a result of failure by the State of
23    Illinois  to  provide  adequate  funding to support essential
24    programs and services and by  the  State's  failure  to  make
25    timely  payment  of amounts appropriated for payment to these
26    providers.  These  institutions   provide   essential   human
27    services for the people of the State of Illinois. The ability
28    of  these entities effectively to carry out their mission and
29    to  provide  these  essential  services,  however,  is  being
30    significantly hampered by these  financial  problems.  It  is
31    therefore  essential  that  the  State  of Illinois provide a
32    financing mechanism to permit  this  group  of  providers  to
33    refinance,  at  a  significantly  reduced  rate  of interest,
 
                            -4-      LRB093 07272 BDD 17302 a
 1    outstanding indebtedness previously issued for the purpose of
 2    financing or refinancing costs  of  acquiring,  constructing,
 3    enlarging,  remodeling, renovating, improving, furnishing, or
 4    equipping  a  health  facility.  Use  of  such  a   financing
 5    mechanism  will permit these providers to realize significant
 6    debt service savings,  which  can  be  applied  to  providing
 7    expanded  and  improved  health  and  human  services  to the
 8    neediest residents of the State of Illinois.  Establishing  a
 9    program  is  therefore  declared to be in the public interest
10    and for the public benefit.

11        (20 ILCS 3705/17.2 new)
12        Sec. 17.2. Definitions. The  following  words  or  terms,
13    whenever  used  or referred to in Sections 17.1 through 17.9,
14    have the following meanings ascribed to  them,  except  where
15    the context clearly requires otherwise:
16        (a)  "Costs  of  issuance"  means  all  reasonable  costs
17    incurred  in  connection  with  the  issuance  of  the  bonds
18    including,  but not limited to, legal and accounting fees and
19    expenses, printing  expenses,  financial  consultants'  fees,
20    financing  charges (including underwriting and placement fees
21    and discounts), printing costs, costs incurred in  connection
22    with  public  approvals,  fees  and  expenses associated with
23    obtaining a rating on the bonds, costs for the preparation of
24    any disclosure document and other documents necessary for the
25    issuance of the bonds, and fees of trustees,  paying  agents,
26    and other fiduciaries.
27        (b)  "Director"  means  Director  of  the  Bureau  of the
28    Budget.
29        (c)  "Financially Distressed Provider Credit  Enhancement
30    Fund"  means  the  special fund created in the State treasury
31    under the State Finance Act.
32        (d)  "Minimum required debt service  savings"  means  net
33    present  value  savings,  after payment of costs of issuance,
 
                            -5-      LRB093 07272 BDD 17302 a
 1    paid by, on behalf of, or  with  respect  to  any  qualifying
 2    provider  of at least 3%. The amount of the costs of issuance
 3    properly allocated as paid by, on behalf of, or with  respect
 4    to  any  qualifying  provider  shall  be  determined  by  the
 5    Authority, with the written concurrence of the Director.
 6        (e)  "Qualifying  provider"  means a participating health
 7    institution that is either: (i) certified as a provider under
 8    the Critical Access Hospital program or (ii) demonstrates, to
 9    the reasonable written satisfaction of  the  Director,  that,
10    for  its  last  3  fiscal  years  for which audited financial
11    statements have been prepared, State funding accounted for an
12    annual average of at least 40% of its operating revenues.
13        (f)  "Refinance" or "refinancing" means refunding of  any
14    outstanding   bonds,   notes,  or  other  indebtedness  of  a
15    qualifying provider, whether or  not  that  indebtedness  has
16    previously  been  issued  to  the  Authority,  whether or not
17    interest on that indebtedness is exempt from  federal  income
18    taxation, and regardless of the remaining term to maturity of
19    that indebtedness.
20        (g)  "State  agency"  means the Department of Public Aid,
21    the Department of Public Health, the Department  of  Children
22    and  Family  Services,  the Department of Human Services, and
23    any other department  or  agency  of  State  government  that
24    enters  into  contracts  with health institutions under which
25    the institution is  paid  or  reimbursed  by  the  State  for
26    providing health or human services to persons in Illinois.
27        (h)  "State  funding" means funds received from any State
28    agency.

29        (20 ILCS 3705/17.3 new)
30        Sec.  17.3.  Issuance  of  bonds.  On  application  of  a
31    qualifying provider, the Authority may issue its bonds solely
32    for the purpose  of  enabling  that  qualifying  provider  to
33    refinance  all  or a portion of its outstanding indebtedness.
 
                            -6-      LRB093 07272 BDD 17302 a
 1    Bonds shall be issued by the  Authority  under  this  Section
 2    only in accordance with the following requirements:
 3        (1)  Bonds  shall  be  issued  only  for  the  purpose of
 4    refinancing outstanding indebtedness of a qualifying provider
 5    that was previously issued to finance or refinance  the  cost
 6    of  a  health  facility  (but  not including working capital,
 7    accounts receivable, and operating expenses).
 8        (2)  Bonds shall be  issued  only  if  the  Director,  in
 9    consultation  with the Authority, determines that as a result
10    of the refinancing: (i) the qualifying provider will  realize
11    minimum  required debt service savings or (ii) the qualifying
12    provider  will  realize  significant  economic  or  financial
13    advantages that will enable it to  more  effectively  provide
14    health  care  or  other  human  services to the people of the
15    State of Illinois.
16        (3)  The Authority may issue  bonds  for  any  individual
17    qualified  provider  or  may  issue a single bond issue for a
18    group of qualified providers. The Authority shall  make  that
19    determination  only  with  the  written  concurrence  of  the
20    Director.  The  Authority  and the Director are encouraged to
21    consider issuance of a single  bond  issue  for  a  group  of
22    qualified  providers as a means of reducing costs of issuance
23    and providing greater net financial and economic benefits  to
24    qualifying  providers.  Any  single bond issue for a group of
25    qualified providers is subject to all requirements  for  bond
26    issues as established by this Act.

27        (20 ILCS 3705/17.4 new)
28        Sec. 17.4. Limitation on authorization.
29        (a)  The  Authority may issue bonds under Section 17.3 in
30    an aggregate principal amount not to exceed $300,000,000.
31        (b)  Bonds may be issued under Section 17.3 on or  before
32    June  30,  2004. No bonds may be issued under Section 17.3 on
33    or after July 1, 2004.  The  final  maturity  date  of  bonds
 
                            -7-      LRB093 07272 BDD 17302 a
 1    issued  under  Section  17.3  may be no later than January 1,
 2    2025.
 3        (c)  Bonds may be issued by the Authority  under  Section
 4    17.3  only  after  consultation  with and upon receipt of the
 5    written concurrence of the Director.
 6        (d)  The  maximum  amount  of  proceeds  of  bonds  under
 7    Section 17.3 to be loaned to, or otherwise made available for
 8    the benefit of, any individual qualifying  provider  may  not
 9    exceed $50,000,000. For purposes of this subsection, proceeds
10    of bonds used to pay costs of issuance paid by, on behalf of,
11    or  with  respect  to  any  qualifying  provider shall not be
12    included. The amount of costs of issuance properly  allocated
13    as  paid  by, on behalf of, or with respect to any qualifying
14    provider shall be  determined  by  the  Authority,  with  the
15    written concurrence of the Director.
16        (e)  Unless  specifically  approved  in  writing  by  the
17    Director,  costs  of issuance for each issue of bonds may not
18    exceed one and one-half percent of the  principal  amount  of
19    the proceeds of sale of each issue of bonds.
20        (f)  If  any bonds are to be sold by negotiated sale, the
21    Authority, in consultation with  the  Director,  must  comply
22    with  the  competitive request for proposal process set forth
23    in the Illinois Procurement Code  and  all  other  applicable
24    requirements of that Code.
25        (g)  Before  the  issuance  of bonds for the benefit of a
26    qualified provider, that qualified provider must  enter  into
27    an  agreement  with  the  Authority,  the  Director,  and any
28    applicable State  agency  pursuant  to  which  the  qualified
29    provider  agrees,  among  other  matters, that if amounts are
30    withdrawn from the  debt  service  reserve  fund  established
31    under  Section  17.5  as  a  result  of  the  failure of that
32    qualified provider to make timely repayment to the  Authority
33    of  bond  proceeds loaned to, or otherwise made available for
34    the benefit of, that qualified  provider,  the  State  agency
 
                            -8-      LRB093 07272 BDD 17302 a
 1    shall be permitted to direct the payment of any money that is
 2    otherwise  due  and  payable to the qualified provider, up to
 3    the maximum amount of that withdrawal from the  debt  service
 4    reserve fund, into the Financially Distressed Provider Credit
 5    Enhancement Fund.

 6        (20 ILCS 3705/17.5 new)
 7        Sec. 17.5. Debt service reserve funds.
 8        (a)  In  connection  with  the issuance of each series of
 9    bonds, the Authority must create and establish a debt service
10    reserve fund to be maintained  by  a  trustee,  separate  and
11    segregated   from   all  other  funds  and  accounts  of  the
12    Authority. The Authority may, however, in  consultation  with
13    the Director, establish one debt service reserve fund for the
14    benefit of 2 or more series of bonds. The amounts required to
15    be  on  deposit  in  a  debt  service  reserve  fund shall be
16    determined by the Authority, in consultation  with  and  upon
17    the  written  concurrence  of  the  Director,  and  shall  be
18    specified  in the resolution or indenture securing the bonds.
19    Any reserve fund established  under  this  Section  shall  be
20    initially funded from bond proceeds and other moneys lawfully
21    available to the Authority.
22        (b)  If  moneys  are  withdrawn  from  any  debt  service
23    reserve  fund  established  under subsection (a), the trustee
24    shall immediately notify the Chairman of the  Authority,  who
25    shall  in  turn  immediately  notify  the Director, the State
26    Comptroller, and the State Treasurer of the  amount  of  that
27    withdrawal.  Upon  receipt  of  the  notification,  the State
28    Comptroller  and  the  State  Treasurer   shall   immediately
29    transfer  from  the  Financially  Distressed  Provider Credit
30    Enhancement Fund to, or at the direction  of,  the  Authority
31    for  deposit  into  the  debt service reserve fund the amount
32    required to restore that debt service  reserve  fund  to  the
33    level  of  the  debt service reserve requirement specified in
 
                            -9-      LRB093 07272 BDD 17302 a
 1    the resolution or indenture securing the bonds.
 2        (c)  This  Section   constitutes   an   irrevocable   and
 3    continuing  appropriation  from  the  Financially  Distressed
 4    Provider  Credit Enhancement Fund to any debt service reserve
 5    fund  established  under  subsection  (a)  of   all   amounts
 6    necessary for that purpose and the irrevocable and continuing
 7    authority  for  and  direction to the State Treasurer and the
 8    State Comptroller to make those transfers and deposits.

 9        (20 ILCS 3705/17.6 new)
10        Sec. 17.6.  Nature  of  bonds.  All  bonds  issued  under
11    Section  17.3  shall  be  limited obligations of the State of
12    Illinois payable  from:  (i)  amounts  transferred  from  the
13    Financially  Distressed  Provider  Credit Enhancement Fund to
14    the debt service reserve fund established under Section  17.5
15    and  (ii)  amounts in any fund or account maintained pursuant
16    to any indenture or resolution securing those  bonds  to  the
17    extent provided in the indenture or resolution. The bonds are
18    not  general obligations of the State of Illinois and are not
19    secured by  the  full  faith  and  credit  of  the  State  of
20    Illinois,  and  the  holders of the bonds may not require the
21    levy or imposition of any taxes or the application  of  State
22    revenues, other than amounts transferred from the Financially
23    Distressed  Provider  Credit  Enhancement  Fund  to  the debt
24    service reserve fund established under Section 17.5,  to  the
25    payment  of  the  bonds. Each bond shall describe the limited
26    nature of the State's obligation on the face of the bond.

27        (20 ILCS 3705/17.7 new)
28        Sec. 17.7. Actions to compel payment. If the State  fails
29    to  transfer required amounts from the Financially Distressed
30    Provider Credit Enhancement Fund to a  debt  service  reserve
31    fund,  as  provided  in  Section  17.5,  or  from the General
32    Revenue Fund to the Financially  Distressed  Provider  Credit
 
                            -10-     LRB093 07272 BDD 17302 a
 1    Enhancement  Fund,  as provided in Section 6z-43 of the State
 2    Finance Act, a civil action to compel that  transfer  may  be
 3    instituted  in  the  Circuit  Court of Sangamon County by the
 4    holder or holders of the bonds  issued  under  Section  17.3.
 5    Delivery  of  a  summons  and  a copy of the complaint to the
 6    Attorney General constitutes sufficient service to  give  the
 7    Circuit  Court of Sangamon County jurisdiction of the subject
 8    matter of such a suit and jurisdiction over the State and its
 9    officers named as defendants for the  purpose  of  compelling
10    the transfer.

11        (20 ILCS 3705/17.8 new)
12        Sec.  17.8.  Covenants  with  bondholders.  The  State of
13    Illinois irrevocably covenants and agrees with the holders of
14    bonds issued under Section 17.3 that the State will not alter
15    or limit: (i) the basis on which transfers are required to be
16    made from the Genera; Revenue Fund to the Distressed Provider
17    Credit Enhancement Fund, pursuant to  Section  6z-43  of  the
18    State  Finance  Act;  (ii)  the  basis on which transfers are
19    required to be  made  from  the  Distressed  Provider  Credit
20    Enhancement  Fund  to  either  the  debt service reserve fund
21    established under Section 17.5  or  to  the  General  Revenue
22    Fund;  or  (iii)  the  provisions  of  this  Act or the State
23    Finance Act  so  as  to  impair,  in  any  of  the  foregoing
24    respects,  the  obligations  of contract incurred in favor of
25    the holders of bonds issued under Section 17.3. The  covenant
26    and  agreement set forth in this Section may be included in a
27    trust indenture, resolution, or  bond  issued  under  Section
28    17.3.

29        (20 ILCS 3705/17.9 new)
30        Sec.  17.9.  Tax  exemption.  The  exercise of the powers
31    granted in Sections 17.1 through 17.10 are  in  all  respects
32    for  the  benefit of the people of Illinois. In consideration
 
                            -11-     LRB093 07272 BDD 17302 a
 1    of that benefit, the bonds issued under Section 17.3 and  the
 2    income  from  those  bonds  are free from all taxation by the
 3    State or  its  political  subdivisions,  except  for  estate,
 4    transfer,  and inheritance taxes. For purposes of Section 250
 5    of the Illinois Income Tax Act, the exemption of  the  income
 6    from  bonds  issued under those Sections terminates after all
 7    of the bonds have been fully paid. The amount of that  income
 8    to  be  added  to  and  then subtracted from federal adjusted
 9    gross income or federal taxable income on the Illinois income
10    tax return of a taxpayer, as provided in Section 203  of  the
11    Illinois  Income  Tax  Act, in computing Illinois base income
12    shall be the interest net of any bond premium amortization.

13        (20 ILCS 3705/17.10 new)
14        Sec. 17.10. Generally applicable  provisions.  Except  as
15    specifically  provided for in Sections 17.1 through 17.9, all
16    bonds issued under Section 17.3 are subject to  this  Act  in
17    the  same manner and to the same extent as other bonds issued
18    under this Act.

19        Section 10.  The State Finance Act is amended by changing
20    Section 6z-43 and  by  adding  Sections  5.595  and  8.45  as
21    follows:

22        (30 ILCS 105/5.595 new)
23        Sec.  5.595.  The  Financially Distressed Provider Credit
24    Enhancement Fund.

25        (30 ILCS 105/6z-43)
26        Sec. 6z-43. General Revenue Fund.
27        (a)  There is created in the  State  Treasury  a  special
28    fund  to  be  known  as  the General Revenue Fund, into which
29    shall be deposited all monies paid to the State  pursuant  to
30    (1)  the  Master  Settlement Agreement entered in the case of
 
                            -12-     LRB093 07272 BDD 17302 a
 1    People of the State of Illinois  v.  Philip  Morris,  et  al.
 2    (Circuit  Court  of  Cook  County, No. 96-L13146) and (2) any
 3    settlement with  or  judgment  against  any  tobacco  product
 4    manufacturer  other  than  one  participating  in  the Master
 5    Settlement Agreement in satisfaction of any released claim as
 6    defined in the Master Settlement Agreement, as  well  as  any
 7    other  monies  as  provided  by  law.   All  earnings on Fund
 8    investments shall be  deposited  into  the  Fund.   Upon  the
 9    creation  of  the Fund, the State Comptroller shall order the
10    State Treasurer to transfer into the Fund any monies paid  to
11    the  State  as  described  in item (1) or (2) of this Section
12    before the creation of the Fund plus any interest  earned  on
13    the investment of those monies.  The Treasurer may invest the
14    moneys  in  the Fund in the same manner, in the same types of
15    investments, and subject to the same limitations provided  in
16    the Illinois Pension Code for the investment of pension funds
17    other  than  those  established  under  Article 3 or 4 of the
18    Code.
19        (b)  As soon as may be practical  after  June  30,  2001,
20    upon  notification from and at the direction of the Governor,
21    the State Comptroller shall direct and  the  State  Treasurer
22    shall  transfer  the  unencumbered  balance  in  the  General
23    Revenue  Fund  as  of  June  30,  2001,  as determined by the
24    Governor, into the Budget Stabilization Fund.  The  Treasurer
25    may invest the moneys in the Budget Stabilization Fund in the
26    same manner, in the same types of investments, and subject to
27    the  same  limitations  provided in the Illinois Pension Code
28    for  the  investment  of  pension  funds  other  than   those
29    established under Article 3 or 4 of the Code.
30        (c)  As  soon  as  practical  in  fiscal year 2004, there
31    shall be transferred from the General  Revenue  Fund  to  the
32    Financially  Distressed  Provider  Credit Enhancement Fund an
33    amount to be certified by the Director of the Bureau  of  the
34    Budget to the State Treasurer and the State Comptroller to be
 
                            -13-     LRB093 07272 BDD 17302 a
 1    equal  to: (x) the amount projected by the Director to be the
 2    debt  service  reserve  requirement  to  be  established   in
 3    connection  with  the issuance of the maximum amount of bonds
 4    authorized by Section 17.3 of the Illinois Health  Facilities
 5    Authority  Act  times  (y) 1.25 (the product of (x) times (y)
 6    being referred to as the "estimated  amount").  On  June  30,
 7    2004,  the  Director shall certify to the State Treasurer and
 8    the  State  Comptroller:  (i)  the   debt   service   reserve
 9    requirement actually established in connection with all bonds
10    issued  under  Section 17.3 of the Illinois Health Facilities
11    Authority Act (referred to  as  the  "reserve  requirement");
12    (ii)   125%   of  the  reserve  requirement;  and  (iii)  the
13    difference  between  the  estimated  amount  and  the  amount
14    certified under item (ii). The State Comptroller shall direct
15    and the State Treasurer shall transfer the  amount  certified
16    under  item  (iii)  from  the Financially Distressed Provider
17    Credit Enhancement Fund to the General Revenue Fund.
18        (d)  In each fiscal  year,  beginning  with  fiscal  year
19    2004,  there  shall  be  transferred from the General Revenue
20    Fund for deposit into  the  Financially  Distressed  Provider
21    Credit  Enhancement  Fund  an  amount  equal  to  the reserve
22    requirement. This transfer shall be made in each fiscal  year
23    prior to any other use, transfer, or application of moneys in
24    the   General  Revenue  Fund.  This  Section  constitutes  an
25    irrevocable and continuing  appropriation  from  the  General
26    Revenue  Fund  of  all amounts necessary for that purpose and
27    the irrevocable and continuing authority for and direction to
28    the State Treasurer and the State Comptroller to  make  those
29    transfers and deposits.
30    (Source:  P.A.  91-646,  eff.  11-19-99; 91-704, eff. 7-1-00;
31    91-797,  eff.  6-9-00;  92-11,  eff.  6-11-01;  92-16,   eff.
32    6-28-01.)

33        (30 ILCS 105/8.45 new)
 
                            -14-     LRB093 07272 BDD 17302 a
 1        Sec.   8.45.   Financially   Distressed  Provider  Credit
 2    Enhancement Fund.
 3        (a)  The State Comptroller and the State Treasurer  shall
 4    transfer  into  the  Financially  Distressed  Provider Credit
 5    Enhancement Fund from the General Revenue  Fund  all  amounts
 6    required  to  be transferred under subsections (c) and (d) of
 7    Section 6z-43. In addition, there shall be deposited into the
 8    Financially Distressed Provider Credit Enhancement  Fund  all
 9    amounts  directed  to  be  deposited  into that Fund under an
10    agreement executed  in  accordance  with  the  provisions  of
11    subsection  (g)  of  Section  17.4  of  the  Illinois  Health
12    Facilities Authority Act.
13        (b)  On  June  30,  2005, and on each June 30 thereafter,
14    all amounts in the  Financially  Distressed  Provider  Credit
15    Enhancement  Fund  that  are in excess of 125% of the reserve
16    requirement shall be transferred by the State  Treasurer  for
17    deposit   into   the   General  Revenue  Fund.  This  Section
18    constitutes an irrevocable and continuing appropriation  from
19    the  Financially  Distressed Provider Credit Enhancement Fund
20    of all amounts necessary for that purpose and the irrevocable
21    and continuing authority  for  and  direction  to  the  State
22    Treasurer  and  the State Comptroller to make those transfers
23    and deposits.

24        Section 15.  The Illinois Public Aid Code is  amended  by
25    changing  Sections  5A-1, 5A-2, 5A-3, 5A-4, 5A-5, 5A-7, 5A-8,
26    and 5A-10 and adding Sections 5A-12 and 5A-13 as follows:

27        (305 ILCS 5/5A-1) (from Ch. 23, par. 5A-1)
28        Sec. 5A-1.  Definitions. As used in this Article,  unless
29    the context requires otherwise:
30        "Fund" means the Hospital Provider Fund.
31        "Hospital"  means  an  institution,  place,  building, or
32    agency located in this State that is subject to licensure  by
 
                            -15-     LRB093 07272 BDD 17302 a
 1    the  Illinois  Department of Public Health under the Hospital
 2    Licensing  Act,  whether  public  or  private   and   whether
 3    organized for profit or not-for-profit.
 4        "Hospital  provider"  means  a  person  licensed  by  the
 5    Department  of Public Health to conduct, operate, or maintain
 6    a hospital, regardless of whether the person  is  a  Medicaid
 7    provider.  For purposes of this paragraph, "person" means any
 8    political  subdivision  of  the State, municipal corporation,
 9    individual, firm, partnership, corporation, company,  limited
10    liability  company,  association, joint stock association, or
11    trust, or a receiver, executor, trustee, guardian,  or  other
12    representative appointed by order of any court.
13        "Adjusted  gross  hospital  inpatient  revenue"  shall be
14    determined separately for each hospital conducted,  operated,
15    or maintained by a hospital provider, and  means the hospital
16    provider's   total  gross  inpatient  patient  revenues  less
17    Medicare contractual allowances, but does not  include  gross
18    inpatient  patient  revenue  (and the portion of any Medicare
19    contractual  allowance  related  thereto)  from  skilled   or
20    intermediate  long-term  care  services within the meaning of
21    Title XVIII or XIX of the Social Security Act.
22        "Adjusted gross hospital  outpatient  revenue"  shall  be
23    determined  separately for each hospital conducted, operated,
24    or maintained by a hospital provider, and  means the hospital
25    provider's total  gross  hospital  outpatient  revenues  less
26    contractual allowances.
27        "Intergovernmental  transfer  payment" means the payments
28    established under Section 15-3 of  this  Code,  and  includes
29    without  limitation  payments  payable under that Section for
30    July, August, and September of 1992.
31    (Source: P.A. 87-861; 88-88.)

32        (305 ILCS 5/5A-2) (from Ch. 23, par. 5A-2)
33        Sec. 5A-2.  Assessment; no local authorization to tax.
 
                            -16-     LRB093 07272 BDD 17302 a
 1        (a)  Subject to subsection (a) of Section 5A-10, for  the
 2    privilege of engaging in the occupation of hospital provider,
 3    an  assessment is imposed upon each hospital provider for the
 4    State fiscal year beginning on July 1, 2003 1993  and  ending
 5    on  June 30, 1994, in an amount equal to the sum of (i) 1.88%
 6    of the provider's adjusted gross hospital  inpatient  revenue
 7    multiplied by a factor to be determined by the Department but
 8    not  to  exceed 2.50% plus (ii) the provider's adjusted gross
 9    hospital outpatient revenue multiplied  by  a  factor  to  be
10    determined  by  the  Department but not to exceed 5.50%, each
11    for the most recent calendar  year  2000  ending  before  the
12    beginning  of  that State fiscal year.  In no event shall the
13    revenue generated by this assessment exceed $565,000,000  for
14    the State fiscal year 2004.
15        Effective  July  1, 1994 through June 30, 1996, an annual
16    assessment is imposed  upon  each  hospital  provider  in  an
17    amount  equal  to  the  provider's  adjusted  gross  hospital
18    revenue  for  the most recent calendar year ending before the
19    beginning  of  that  State  fiscal  year  multiplied  by  the
20    Provider's Savings Rate.
21        Effective  July  1,  1996  through  March  31,  1997,  an
22    assessment is imposed  upon  each  hospital  provider  in  an
23    amount  equal  to  three-fourths  of  the provider's adjusted
24    gross hospital revenue for calendar year 1995  multiplied  by
25    the  Provider's Savings Rate.  No assessment shall be imposed
26    on or after April 1, 1997.
27        Before July 1, 1995, the Provider's Savings Rate is 1.88%
28    multiplied by a fraction,  the  numerator  of  which  is  the
29    Maximum  Section  5A-2  Contribution  minus the Cigarette Tax
30    Contribution, and the denominator of  which  is  the  Maximum
31    Section  5A-2  Contribution.   Effective  July  1,  1995, the
32    Provider's Savings Rate is 1.25% multiplied  by  a  fraction,
33    the   numerator   of   which  is  the  Maximum  Section  5A-2
34    Contribution minus the Cigarette Tax  Contribution,  and  the
 
                            -17-     LRB093 07272 BDD 17302 a
 1    denominator   of   which   is   the   Maximum   Section  5A-2
 2    Contribution.
 3        The Cigarette Tax Contribution is the sum  of  the  total
 4    amount  deposited  in  the  Hospital  Provider  Fund  in  the
 5    previous  State  fiscal  year pursuant to Section 2(a) of the
 6    Cigarette Tax Act, plus the total  amount  deposited  in  the
 7    Hospital  Provider  Fund  in  the  previous State fiscal year
 8    pursuant to Section 5A-3(c) of this Code.
 9        The Maximum Section 5A-2 Contribution is the total amount
10    of tax imposed by this Section in the previous  State  fiscal
11    year  on  providers  subject  to  this  Act,  multiplied by a
12    fraction the numerator of which is  adjusted  gross  hospital
13    revenues  reported  to the Department by providers subject to
14    this  Act  for  the  previous  State  fiscal  year  and   the
15    denominator  of  which  is  adjusted  gross hospital revenues
16    reported to the Department by providers subject to  this  Act
17    for  the State fiscal year immediately preceding the previous
18    State fiscal year.
19        The Department shall notify  hospital  providers  of  the
20    Provider's   Savings   Rate  by  mailing  a  notice  to  each
21    provider's last known address as reflected by the records  of
22    the Illinois Department.
23        (b)  Nothing  in  this  amendatory  Act  of  1995 or this
24    amendatory  Act  of  the  93rd  General  Assembly  shall   be
25    construed  to  authorize  any home rule unit or other unit of
26    local government to license for revenue or to impose a tax or
27    assessment upon  hospital  providers  or  the  occupation  of
28    hospital  provider,  or  a  tax or assessment measured by the
29    income or earnings of a hospital provider.
30    (Source:   P.A.  88-88;  89-21,  eff.  7-1-95;  89-499,  eff.
31    6-28-96.)

32        (305 ILCS 5/5A-3) (from Ch. 23, par. 5A-3)
33        Sec. 5A-3.  Exemptions; intergovernmental transfers.
 
                            -18-     LRB093 07272 BDD 17302 a
 1        (a)  A  hospital  provider  which  is  a  county  with  a
 2    population   of    more    than    3,000,000    that    makes
 3    intergovernmental  transfer  payments  as provided in Section
 4    15-3 of this Code shall be exempt from the assessment imposed
 5    by Section 5A-2, unless  the  exemption  is  adjudged  to  be
 6    unconstitutional  or  otherwise  invalid,  in  which case the
 7    county shall pay the assessment imposed by Section  5A-2  for
 8    all  assessment  periods  beginning on or after July 1, 1992,
 9    and the assessment so paid shall be  creditable  against  the
10    intergovernmental transfer payments.
11        (b)  A   hospital   organized  under  the  University  of
12    Illinois Hospital Act and exempt from the assessment  imposed
13    by  Section  5A-2  is  hereby  authorized  to  enter  into an
14    interagency agreement with the Illinois  Department  to  make
15    intergovernmental   transfer   payments   to   the   Illinois
16    Department.   These  payments  shall  be  deposited  into the
17    University of Illinois Hospital Services  Fund  or,  if  that
18    Fund ceases to exist, into the General Revenue Fund.
19        (b-2)  A  hospital  provider  that  is  not  included  in
20    subsection  (a)  or  subsection  (b)  and  that  is  owned or
21    operated  by  a  county,  township,  municipality,   hospital
22    district, or any other local governmental unit is exempt from
23    the assessment imposed by Section 5A-2.
24        (b-5)  A  hospital  operated  by  the Department of Human
25    Services in the course of performing its  mental  health  and
26    developmental  disabilities  functions  is  exempt  from  the
27    assessment imposed by Section 5A-2.
28        (b-10)  A  hospital  provider  whose  hospital  does  not
29    charge for its services is exempt from the assessment imposed
30    by Section 5A-2.
31        (b-15)  A hospital provider whose hospital is licensed by
32    the  Department of Public Health as a psychiatric hospital is
33    exempt from the assessment imposed by Section 5A-2.
34        (c)  The Illinois  Department  is  hereby  authorized  to
 
                            -19-     LRB093 07272 BDD 17302 a
 1    enter   into  agreements  with  publicly  owned  or  operated
 2    hospitals to make intergovernmental transfer payments to  the
 3    Illinois  Department.  These payments shall be deposited into
 4    the Hospital Provider Fund, except that any payments  arising
 5    under  an  agreement  with  a  hospital  organized  under the
 6    University of Illinois Hospital Act shall be  deposited  into
 7    the  University  of  Illinois Hospital Services Fund, if that
 8    Fund exists.
 9    (Source:  P.A.  88-88;  88-554,  eff.  7-26-94;  89-21,  eff.
10    7-1-95; 89-507, eff. 7-1-97.)

11        (305 ILCS 5/5A-4) (from Ch. 23, par. 5A-4)
12        Sec. 5A-4.   Payment of assessment; penalty.
13        (a)  The assessment imposed by Section 5A-2 for  a  State
14    fiscal   year   shall   be   due  and  payable  in  quarterly
15    installments, each equalling one-fourth of the assessment for
16    the year, on August 31, November 30, February  28,  September
17    30,  December  31,  March  31, and May 31 of the year; except
18    that for the period July 1, 1996 through March 31, 1997,  the
19    assessment  imposed  by Section 5A-2 for that period shall be
20    due and payable in 3  equal  installments  on  September  30,
21    December 31, and March 31 of that period.
22        (b)  The  Illinois  Department is authorized to establish
23    delayed payment schedules for  hospital  providers  that  are
24    unable  to  make  installment  payments  when  due under this
25    Section due to financial difficulties, as determined  by  the
26    Illinois Department.
27        (c)  If  a hospital provider fails to pay the full amount
28    of an installment when due (including any extensions  granted
29    under  subsection  (b)),  there  shall,  unless waived by the
30    Illinois Department for reasonable cause,  be  added  to  the
31    assessment imposed by Section 5A-2 a penalty assessment equal
32    to  the lesser of (i) 5% of the amount of the installment not
33    paid on or before the due date plus 5% of the portion thereof
 
                            -20-     LRB093 07272 BDD 17302 a
 1    remaining unpaid on the last day of each month thereafter  or
 2    (ii) 100% of the installment amount not paid on or before the
 3    due  date.  For purposes of this subsection, payments will be
 4    credited first to unpaid installment amounts (rather than  to
 5    penalty  or  interest),  beginning  with  the most delinquent
 6    installments.
 7    (Source: P.A. 88-88; 89-499, eff. 6-28-96.)

 8        (305 ILCS 5/5A-5) (from Ch. 23, par. 5A-5)
 9        Sec. 5A-5.  Reporting; penalty; maintenance of records.
10        (a)  After December 31 of each year,  and  on  or  before
11    March  31  of  the  succeeding  year, every hospital provider
12    subject to assessment under this Article shall file a  return
13    with  the  Illinois  Department.  The return shall report the
14    adjusted gross hospital  inpatient  and  outpatient  revenues
15    revenue  from  the  calendar  year  just  ended. and shall be
16    utilized  by  the  Illinois  Department  to   calculate   the
17    assessment  for  the State fiscal year commencing on the next
18    July 1, except that The return  for  the  State  fiscal  year
19    commencing  July  1,  2003,  consisting of calendar year 2000
20    financial information, 1992 and the  report  of  revenue  for
21    calendar  year 1991 shall be filed on or before July 31, 2003
22    September 30, 1992.  The return shall be on a  form  prepared
23    by  the  Illinois  Department,  and all financial information
24    shall be audited and certified  by  an  independent  auditor.
25    The return shall state the following:
26             (1)  The name of the hospital provider.
27             (2)  The   address   of   the   hospital  provider's
28        principal place  of  business  from  which  the  provider
29        engages  in  the  occupation of hospital provider in this
30        State,  and  the  name  and  address  of  each   hospital
31        operated,  conducted,  or  maintained  by the provider in
32        this State.
33             (3)  The  contractual  allowances,  the  gross   and
 
                            -21-     LRB093 07272 BDD 17302 a
 1        adjusted gross hospital inpatient and outpatient revenues
 2        revenue  of  the  hospital provider for the calendar year
 3        just  ended,  the  amount  of  assessment  imposed  under
 4        Section 5A-2 for the State  fiscal  year  for  which  the
 5        return  is  filed,  and  the  amount  of  each  quarterly
 6        installment to be paid during the State fiscal year.
 7             (4)  The amount of penalty due, if any.
 8             (5)  Other   reasonable   information  the  Illinois
 9        Department requires.
10        (b)  If  a  hospital  provider  conducts,  operates,   or
11    maintains  more  than  one  hospital licensed by the Illinois
12    Department of Public Health, the  provider  may  not  file  a
13    single  return covering all those hospitals, but shall file a
14    separate return for each hospital and shall compute  and  pay
15    the assessment for each hospital separately.
16        (c)  Notwithstanding any other provision in this Article,
17    in  the  case  of a person who ceases to conduct, operate, or
18    maintain a hospital in respect of which the person is subject
19    to assessment under this Article as a hospital provider,  the
20    assessment  for  the State fiscal year in which the cessation
21    occurs  shall  be  adjusted  by  multiplying  the  assessment
22    computed under Section 5A-2 by a fraction, the  numerator  of
23    which  is  the number of days months in the year during which
24    the provider conducts, operates, or  maintains  the  hospital
25    and  the  denominator  of  which is 366 12.  The person shall
26    file a final, amended return with the Illinois Department not
27    more  than  90  days  after  the  cessation  reflecting   the
28    adjustment and shall pay with the final return the assessment
29    for  the  year  as  so adjusted (to the extent not previously
30    paid).
31        (d)  Notwithstanding any other provision in this Article,
32    a  provider   who   commences   conducting,   operating,   or
33    maintaining  a  hospital shall file an initial return for the
34    State fiscal year in which the commencement occurs within  90
 
                            -22-     LRB093 07272 BDD 17302 a
 1    days  thereafter  and shall pay the assessment computed under
 2    Section 5A-2 and subsection (e) in equal installments on  the
 3    due  date  of  the  return and on the regular installment due
 4    dates for the State fiscal year occurring after the due  date
 5    of the initial return.
 6        (e)  Notwithstanding any other provision in this Article,
 7    in  the  case  of  a  hospital provider that did not conduct,
 8    operate, or maintain a hospital throughout the calendar  year
 9    preceding  a State fiscal year, the assessment for that State
10    fiscal year shall be computed on the  basis  of  hypothetical
11    adjusted  gross  hospital  inpatient  and outpatient revenues
12    revenue for the full calendar year  as  determined  by  rules
13    adopted  by  the  Illinois  Department (which may be based on
14    annualization of the provider's actual revenues for a portion
15    of the calendar year, or revenues of  a  comparable  hospital
16    for the year, including revenues realized by a prior provider
17    from the same hospital during the year).
18        (f)  In  the  case  of  a hospital provider existing as a
19    corporation or legal entity other  than  an  individual,  the
20    return  filed  by  it  shall  be  signed  by  its  president,
21    vice-president,  secretary,  or  treasurer or by its properly
22    authorized agent.
23        (g)  If a hospital provider fails to file its return  for
24    a  State fiscal year on or before the due date of the return,
25    there shall, unless waived by  the  Illinois  Department  for
26    reasonable  cause,  be  added  to  the  assessment imposed by
27    Section 5A-2 for the State fiscal year a  penalty  assessment
28    equal to 25% of the assessment imposed for the year.
29        (h)  Every  hospital provider subject to assessment under
30    this Article shall keep  sufficient  records  to  permit  the
31    determination  of  contractual  allowances and adjusted gross
32    hospital inpatient  and  outpatient  revenues  revenue  on  a
33    calendar  year  basis.  All such records shall be kept in the
34    English language and shall,  at  all  times  during  business
 
                            -23-     LRB093 07272 BDD 17302 a
 1    hours  of  the  day, be subject to inspection by the Illinois
 2    Department or its duly authorized agents and employees.
 3    (Source: P.A. 87-861.)

 4        (305 ILCS 5/5A-7) (from Ch. 23, par. 5A-7)
 5        Sec. 5A-7. Administration; enforcement provisions.
 6        (a)  To the extent practicable, the  Illinois  Department
 7    shall  administer  and  enforce  this Article and collect the
 8    assessments, interest, and penalty assessments imposed  under
 9    this  Article using procedures employed in its administration
10    of this Code generally and, as it  deems  appropriate,  in  a
11    manner  similar  to  that  in which the Department of Revenue
12    administers and collects the retailers' occupation tax  under
13    the  Retailers'  Occupation  Tax  Act  ("ROTA").   Instead of
14    certificates of registration, the Illinois  Department  shall
15    establish  and  maintain  a listing of all hospital providers
16    appearing in the  licensing  records  of  the  Department  of
17    Public   Health,  which  shall  show  each  provider's  name,
18    principal place of business, and the name and address of each
19    hospital operated, conducted, or maintained by  the  provider
20    in   this   State.   In  addition,  the  following  specified
21    provisions  of  the  Retailers'  Occupation   Tax   Act   are
22    incorporated  by  reference into this Section except that the
23    Illinois  Department  and  its  Director  (rather  than   the
24    Department  of  Revenue  and its Director) and every hospital
25    provider subject to assessment  measured  by  adjusted  gross
26    hospital inpatient and outpatient revenues revenue and to the
27    return  filing  requirements  of  this  Article  (rather than
28    persons subject to  retailers'  occupation  tax  measured  by
29    gross receipts from the sale of tangible personal property at
30    retail  and  to the return filing requirements of ROTA) shall
31    have the powers, duties, and rights specified in  these  ROTA
32    provisions,  as  modified  in this Section or by the Illinois
33    Department in a  manner  consistent  with  this  Article  and
 
                            -24-     LRB093 07272 BDD 17302 a
 1    except  as  manifestly inconsistent with the other provisions
 2    of this Article:
 3             (1)  ROTA, Section 4 (examination of return;  notice
 4        of   correction;   evidence;   limitations;  protest  and
 5        hearing), except that (i) the Illinois  Department  shall
 6        issue   notices  of  assessment  liability  (rather  than
 7        notices of tax liability as provided in ROTA, Section 4);
 8        (ii) in the case of a fraudulent return or in the case of
 9        an extended period agreed to by the  Illinois  Department
10        and  the  hospital  provider before the expiration of the
11        limitation period,  no  notice  of  assessment  liability
12        shall  be issued more than 3 years after the later of the
13        due date of the return required by Section  5A-5  or  the
14        date  the return (or an amended return) was filed (rather
15        within the period stated in ROTA, Section 4);  and  (iii)
16        the  penalty  provisions  of  ROTA,  Section  4 shall not
17        apply.
18             (2)  ROTA, Sec. 5 (failure to make  return;  failure
19        to  pay assessment), except that the penalty and interest
20        provisions of ROTA, Section 5 shall not apply.
21             (3)  ROTA,    Section    5a    (lien;    attachment;
22        termination; notice; protest; review;  release  of  lien;
23        status of lien).
24             (4)  ROTA,  Section  5b  (State  lien notices; State
25        lien index; duties of recorder and registrar of titles).
26             (5)  ROTA,  Section  5c   (liens;   certificate   of
27        release).
28             (6)  ROTA,  Section  5d  (Department not required to
29        furnish bond; claim to property attached or levied upon).
30             (7)  ROTA,  Section  5e   (foreclosure   on   liens;
31        enforcement).
32             (8)  ROTA,  Section 5f (demand for payment; levy and
33        sale of property; limitation).
34             (9)  ROTA,   Section   5g   (sale    of    property;
 
                            -25-     LRB093 07272 BDD 17302 a
 1        redemption).
 2             (10)  ROTA,  Section  5j (sales on transfers outside
 3        usual course of business; report; payment of  assessment;
 4        rights and duties of purchaser; penalty).
 5             (11)  ROTA, Section 6 (erroneous payments; credit or
 6        refund),  provided  that  (i) the Illinois Department may
 7        only apply an  amount  otherwise  subject  to  credit  or
 8        refund  to  a  liability arising under this Article; (ii)
 9        except in the case of an extended period agreed to by the
10        Illinois Department and the hospital provider before  the
11        expiration  of this limitation period, a claim for credit
12        or refund must be filed no more than 3  years  after  the
13        due  date  of the return required by Section 5A-5 (rather
14        than the time limitation stated in ROTA, Section 6);  and
15        (iii) credits or refunds shall not bear interest.
16             (12)  ROTA,   Section   6a  (claims  for  credit  or
17        refund).
18             (13)  ROTA, Section 6b (tentative  determination  of
19        claim; notice; hearing; review), provided that a hospital
20        provider or its representative shall have 60 days (rather
21        than 20 days)  within which to file a protest and request
22        for  hearing  in response to a tentative determination of
23        claim.
24             (14)  ROTA,  Section  6c  (finality   of   tentative
25        determinations).
26             (15)  ROTA,    Section    8    (investigations   and
27        hearings).
28             (16)  ROTA, Section 9 (witness; immunity).
29             (17)  ROTA,  Section  10  (issuance  of   subpoenas;
30        attendance   of   witnesses;   production  of  books  and
31        records).
32             (18)  ROTA, Section  11  (information  confidential;
33        exceptions).
34             (19)  ROTA,   Section  12  (rules  and  regulations;
 
                            -26-     LRB093 07272 BDD 17302 a
 1        hearing; appeals), except that a hospital provider  shall
 2        not be required to file a bond or be subject to a lien in
 3        lieu  thereof  in  order  to  seek court review under the
 4        Administrative  Review  Law  of  a  final  assessment  or
 5        revised final assessment or the equivalent thereof issued
 6        by the Illinois Department under this Article.
 7        (b)  In addition to any other  remedy  provided  for  and
 8    without   sending  a  notice  of  assessment  liability,  the
 9    Illinois Department  may  collect  an  unpaid  assessment  by
10    withholding,  as payment of the assessment, reimbursements or
11    other amounts otherwise payable by the Illinois Department to
12    the provider.
13    (Source: P.A. 87-861.)

14        (305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
15        Sec. 5A-8.  Hospital Provider Fund.
16        (a)  There is created in the State Treasury the  Hospital
17    Provider  Fund. Interest earned by the Fund shall be credited
18    to the Fund. The fund shall not be used to replace any moneys
19    appropriated to the Medicaid program by the General Assembly.
20    The  Fund  shall  be  used  to  increase   moneys   otherwise
21    appropriated  for  medical assistance under this Code and the
22    Children's  Health  Insurance  Program  Act.  The  assessment
23    imposed by Section 5A-2 shall cease to be  imposed,  and  any
24    remaining assessments shall be refunded to hospital providers
25    in proportion to the amounts paid by them, if:
26             (1)  the  general  funds  appropriation  for medical
27        assistance in any future fiscal year  is  less  than  the
28        level enacted for fiscal year 2004; or
29             (2)  the  Department  of Public Aid changes rules or
30        makes amendments to the  State  Plan  that  in  aggregate
31        reduce   hospital  rates  paid  to  non-government  owned
32        hospitals below the fiscal year 2003 level.
33        (b)  The Fund is created for  the  purpose  of  receiving
 
                            -27-     LRB093 07272 BDD 17302 a
 1    moneys  in accordance with Section 5A-6 and disbursing moneys
 2    for the following purposes as follows:
 3             (1)  To hospital providers under Article V  of  this
 4        Code  and  under  the Children's Health Insurance Program
 5        Act in a total statewide aggregate amount of $856,000,000
 6        per fiscal year, or a lesser amount per fiscal year  that
 7        is certified by the Director of Public Aid as the maximum
 8        allowable  total statewide aggregate payment to hospitals
 9        supported by the  Hospital  Provider  Fund  revenues  and
10        resulting federal financial participation for that fiscal
11        year. The certification required under this paragraph (1)
12        shall   be  filed  with  the  Speaker  of  the  House  of
13        Representatives,  the  President  of  the   Senate,   the
14        Minority  Leader of the House of Representatives, and the
15        Minority Leader of the Senate by July  15  following  the
16        end of the applicable fiscal year. For hospital inpatient
17        care,  hospital  ambulatory  care,  and  disproportionate
18        share hospital distributive expenditures made under Title
19        XIX  of  the  Social  Security  Act and Article V of this
20        Code.
21             (2)  For the reimbursement of  moneys  collected  by
22        the  Illinois  Department from hospitals through error or
23        mistake in performing  the  activities  authorized  under
24        this  Article  and  Article V of this Code and for making
25        required payments under Section  14-9  of  this  Code  if
26        there  are  no moneys available for those payments in the
27        Hospital Services Trust Fund.
28             (3)  For payment of administrative expenses incurred
29        by the Illinois Department or its agent in performing the
30        activities authorized by this Article.
31             (4)  For  payments  of   any   amounts   which   are
32        reimbursable  to the federal government for payments from
33        this Fund which are required to be paid by State warrant.
34             (5)  For making transfers to the General  Obligation
 
                            -28-     LRB093 07272 BDD 17302 a
 1        Bond Retirement and Interest Fund, as those transfers are
 2        authorized  in the proceedings authorizing debt under the
 3        Short Term Borrowing Act, but transfers made  under  this
 4        paragraph  (5)  shall  not exceed the principal amount of
 5        debt issued in anticipation of the receipt by  the  State
 6        of moneys to be deposited into the Fund.
 7             (6)  Only if the Department of Public Aid determines
 8        that additional moneys are or will be available after the
 9        disbursements  described  in  paragraphs (1) through (5),
10        then for any other purpose under Article V of  this  Code
11        and under the Children's Health Insurance Program Act.
12        Disbursements   from   the  Fund,  other  than  transfers
13    authorized under paragraph  (5)  of  subsection  (b)  to  the
14    General  Obligation  Bond Retirement and Interest Fund, shall
15    be by warrants drawn by the State Comptroller upon receipt of
16    vouchers  duly  executed  and  certified  by   the   Illinois
17    Department.
18        This  subsection  (b)  is  subject  to  subsection (a) of
19    Section 5A-10.
20        (c)  The Fund shall consist of the following:
21             (1)  All  moneys  collected  or  received   by   the
22        Illinois Department from the hospital provider assessment
23        imposed by this Article.
24             (2)  All  federal  matching  funds  received  by the
25        Illinois Department as a result of expenditures  made  by
26        the  Illinois  Department that are attributable to moneys
27        deposited in the Fund.
28             (3)  Any interest or penalty levied  in  conjunction
29        with the administration of this Article.
30             (4)  (Blank).   Any balance in the Hospital Services
31        Trust Fund in the State Treasury.  The balance  shall  be
32        transferred   to  the  Fund  upon  certification  by  the
33        Illinois Department to the State Comptroller that all  of
34        the  disbursements  required  by Section 14-2(b)  of this
 
                            -29-     LRB093 07272 BDD 17302 a
 1        Code have been made.
 2             (5)  All other moneys received for the Fund from any
 3        other source, including interest earned thereon.
 4        (d)  (Blank).  The Fund shall cease to exist  on  October
 5    1,  1999.   Any  balance in the Fund as of that date shall be
 6    transferred to the General Revenue  Fund.   Any  moneys  that
 7    otherwise  would  be paid into the Fund on or after that date
 8    shall be  deposited  into  the  General  Revenue  Fund.   Any
 9    disbursements  on  or after that date that otherwise would be
10    made from  the  Fund  may  be  appropriated  by  the  General
11    Assembly from the General Revenue Fund.
12    (Source: P.A. 89-626, eff. 8-9-96; 90-587, eff. 7-1-98.)

13        (305 ILCS 5/5A-10) (from Ch. 23, par. 5A-10)
14        Sec. 5A-10. Applicability.
15        (a)  The  assessment authorized by Section 5A-2 shall not
16    be effective until the later of June 30, 2003 or the adoption
17    of rules consistent with federal guidelines to implement this
18    Article V-A.
19        (b)  Until June 30, 2003, the Department shall study  the
20    effectiveness  of  the assessment program and shall meet with
21    all interested stakeholders in the assessment program.
22        (c)  The assessment imposed by Section 5A-2  shall  cease
23    to  be  imposed if the amount of matching federal funds under
24    Title XIX  of  the  Social  Security  Act  is  eliminated  or
25    significantly   reduced   on   account   of  the  assessment.
26    Assessments imposed  prior  thereto  shall  be  disbursed  in
27    accordance  with  Section 5A-8 to the extent federal matching
28    is  not  reduced  by  the  assessments,  and  any   remaining
29    assessments  shall  be  refunded  to  hospital  providers  in
30    proportion to the amounts paid by them.
31    (Source: P.A. 87-861.)

32        (305 ILCS 5/5A-12 new)
 
                            -30-     LRB093 07272 BDD 17302 a
 1        Sec.  5A-12.  Emergency  rulemaking.  The  Department  of
 2    Public Aid may adopt rules necessary to implement the changes
 3    made  by  this  amendatory  Act  of the 93rd General Assembly
 4    through the use of emergency rulemaking  in  accordance  with
 5    Section  5-45  of  the Illinois Administrative Procedure Act.
 6    For purposes of that Act, the General Assembly finds that the
 7    adoption of rules to  implement  the  changes  made  by  this
 8    amendatory  Act  of  the  93rd  General Assembly is deemed an
 9    emergency and necessary for the public interest, safety,  and
10    welfare.

11        (305 ILCS 5/5A-13 new)
12        Sec. 5A-13.  Repeal of assessments and disbursements. The
13    assessment  imposed  by  Section 5A-2 of this Article and the
14    disbursements authorized under subdivision (b)(1) of  Section
15    5A-8 of this Article are repealed on July 1, 2004.

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