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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Act on the Aging is amended by | ||||||
5 | changing Sections 4.01 and 4.02 as follows:
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6 | (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
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7 | Sec. 4.01. Additional powers and duties of the Department. | ||||||
8 | In addition
to powers and duties otherwise provided by law, the | ||||||
9 | Department shall have the
following powers and duties:
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10 | (1) To evaluate all programs, services, and facilities for | ||||||
11 | the aged
and for minority senior citizens within the State and | ||||||
12 | determine the extent
to which present public or private | ||||||
13 | programs, services and facilities meet the
needs of the aged.
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14 | (2) To coordinate and evaluate all programs, services, and | ||||||
15 | facilities
for the Aging and for minority senior citizens | ||||||
16 | presently furnished by State
agencies and make appropriate | ||||||
17 | recommendations regarding such services, programs
and | ||||||
18 | facilities to the Governor and/or the General Assembly.
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19 | (2-a) To request, receive, and share information | ||||||
20 | electronically through the use of data-sharing agreements for | ||||||
21 | the purpose of (i) establishing and verifying the initial and | ||||||
22 | continuing eligibility of older adults to participate in | ||||||
23 | programs administered by the Department; (ii) maximizing |
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1 | federal financial participation in State assistance | ||||||
2 | expenditures; and (iii) investigating allegations of fraud or | ||||||
3 | other abuse of publicly funded benefits. Notwithstanding any | ||||||
4 | other law to the contrary, but only for the limited purposes | ||||||
5 | identified in the preceding sentence, this paragraph (2-a) | ||||||
6 | expressly authorizes the exchanges of income, identification, | ||||||
7 | and other pertinent eligibility information by and among the | ||||||
8 | Department and the Social Security Administration, the | ||||||
9 | Department of Employment Security, the Department of | ||||||
10 | Healthcare and Family Services, the Department of Human | ||||||
11 | Services, the Department of Revenue, the Secretary of State, | ||||||
12 | the U.S. Department of Veterans Affairs, and any other | ||||||
13 | governmental entity. The confidentiality of information | ||||||
14 | otherwise shall be maintained as required by law. In addition, | ||||||
15 | the Department on Aging shall verify employment information at | ||||||
16 | the request of a community care provider for the purpose of | ||||||
17 | ensuring program integrity under the Community Care Program. | ||||||
18 | (3) To function as the sole State agency to develop a | ||||||
19 | comprehensive
plan to meet the needs of the State's senior | ||||||
20 | citizens and the State's
minority senior citizens.
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21 | (4) To receive and disburse State and federal funds made | ||||||
22 | available
directly to the Department including those funds made | ||||||
23 | available under the
Older Americans Act and the Senior | ||||||
24 | Community Service Employment Program for
providing services | ||||||
25 | for senior citizens and minority senior citizens or for
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26 | purposes related thereto, and shall develop and administer any |
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1 | State Plan
for the Aging required by federal law.
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2 | (5) To solicit, accept, hold, and administer in behalf of | ||||||
3 | the State
any grants or legacies of money, securities, or | ||||||
4 | property to the State of
Illinois for services to senior | ||||||
5 | citizens and minority senior citizens or
purposes related | ||||||
6 | thereto.
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7 | (6) To provide consultation and assistance to communities, | ||||||
8 | area agencies
on aging, and groups developing local services | ||||||
9 | for senior citizens and
minority senior citizens.
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10 | (7) To promote community education regarding the problems | ||||||
11 | of senior
citizens and minority senior citizens through | ||||||
12 | institutes, publications,
radio, television and the local | ||||||
13 | press.
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14 | (8) To cooperate with agencies of the federal government in | ||||||
15 | studies
and conferences designed to examine the needs of senior | ||||||
16 | citizens and minority
senior citizens and to prepare programs | ||||||
17 | and facilities to meet those needs.
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18 | (9) To establish and maintain information and referral | ||||||
19 | sources
throughout the State when not provided by other | ||||||
20 | agencies.
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21 | (10) To provide the staff support that may reasonably be | ||||||
22 | required
by the Council.
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23 | (11) To make and enforce rules and regulations necessary | ||||||
24 | and proper
to the performance of its duties.
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25 | (12) To establish and fund programs or projects or | ||||||
26 | experimental facilities
that are specially designed as |
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1 | alternatives to institutional care.
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2 | (13) To develop a training program to train the counselors | ||||||
3 | presently
employed by the Department's aging network to provide | ||||||
4 | Medicare
beneficiaries with counseling and advocacy in | ||||||
5 | Medicare, private health
insurance, and related health care | ||||||
6 | coverage plans. The Department shall
report to the General | ||||||
7 | Assembly on the implementation of the training
program on or | ||||||
8 | before December 1, 1986.
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9 | (14) To make a grant to an institution of higher learning | ||||||
10 | to study the
feasibility of establishing and implementing an | ||||||
11 | affirmative action
employment plan for the recruitment, | ||||||
12 | hiring, training and retraining of
persons 60 or more years old | ||||||
13 | for jobs for which their employment would not
be precluded by | ||||||
14 | law.
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15 | (15) To present one award annually in each of the | ||||||
16 | categories of community
service, education, the performance | ||||||
17 | and graphic arts, and the labor force
to outstanding Illinois | ||||||
18 | senior citizens and minority senior citizens in
recognition of | ||||||
19 | their individual contributions to either community service,
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20 | education, the performance and graphic arts, or the labor | ||||||
21 | force. The awards
shall be presented to 4 senior citizens and | ||||||
22 | minority senior citizens
selected from a list of 44 nominees | ||||||
23 | compiled annually by
the Department. Nominations shall be | ||||||
24 | solicited from senior citizens'
service providers, area | ||||||
25 | agencies on aging, senior citizens'
centers, and senior | ||||||
26 | citizens' organizations. The Department shall establish a |
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1 | central location within
the State to be designated as the | ||||||
2 | Senior Illinoisans Hall of Fame for the
public display of all | ||||||
3 | the annual awards, or replicas thereof.
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4 | (16) To establish multipurpose senior centers through area | ||||||
5 | agencies on
aging and to fund those new and existing | ||||||
6 | multipurpose senior centers
through area agencies on aging, the | ||||||
7 | establishment and funding to begin in
such areas of the State | ||||||
8 | as the Department shall designate by rule and as
specifically | ||||||
9 | appropriated funds become available.
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10 | (17) To develop the content and format of the | ||||||
11 | acknowledgment regarding
non-recourse reverse mortgage loans | ||||||
12 | under Section 6.1 of the Illinois
Banking Act; to provide | ||||||
13 | independent consumer information on reverse
mortgages and | ||||||
14 | alternatives; and to refer consumers to independent
counseling | ||||||
15 | services with expertise in reverse mortgages.
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16 | (18) To develop a pamphlet in English and Spanish which may | ||||||
17 | be used by
physicians licensed to practice medicine in all of | ||||||
18 | its branches pursuant
to the Medical Practice Act of 1987, | ||||||
19 | pharmacists licensed pursuant to the
Pharmacy Practice Act, and | ||||||
20 | Illinois residents 65 years of age or
older for the purpose of | ||||||
21 | assisting physicians, pharmacists, and patients in
monitoring | ||||||
22 | prescriptions provided by various physicians and to aid persons
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23 | 65 years of age or older in complying with directions for | ||||||
24 | proper use of
pharmaceutical prescriptions. The pamphlet may | ||||||
25 | provide space for recording
information including but not | ||||||
26 | limited to the following:
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1 | (a) name and telephone number of the patient;
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2 | (b) name and telephone number of the prescribing | ||||||
3 | physician;
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4 | (c) date of prescription;
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5 | (d) name of drug prescribed;
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6 | (e) directions for patient compliance; and
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7 | (f) name and telephone number of dispensing pharmacy.
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8 | In developing the pamphlet, the Department shall consult | ||||||
9 | with the
Illinois State Medical Society, the Center for | ||||||
10 | Minority Health Services,
the Illinois Pharmacists Association | ||||||
11 | and
senior citizens organizations. The Department shall | ||||||
12 | distribute the
pamphlets to physicians, pharmacists and | ||||||
13 | persons 65 years of age or older
or various senior citizen | ||||||
14 | organizations throughout the State.
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15 | (19) To conduct a study of the feasibility of
implementing | ||||||
16 | the Senior Companion Program throughout the State.
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17 | (20) The reimbursement rates paid through the community | ||||||
18 | care program
for chore housekeeping services and home care | ||||||
19 | aides
shall be the same.
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20 | (21) From funds appropriated to the Department from the | ||||||
21 | Meals on Wheels
Fund, a special fund in the State treasury that | ||||||
22 | is hereby created, and in
accordance with State and federal | ||||||
23 | guidelines and the intrastate funding
formula, to make grants | ||||||
24 | to area agencies on aging, designated by the
Department, for | ||||||
25 | the sole purpose of delivering meals to homebound persons 60
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26 | years of age and older.
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1 | (22) To distribute, through its area agencies on aging, | ||||||
2 | information
alerting seniors on safety issues regarding | ||||||
3 | emergency weather
conditions, including extreme heat and cold, | ||||||
4 | flooding, tornadoes, electrical
storms, and other severe storm | ||||||
5 | weather. The information shall include all
necessary | ||||||
6 | instructions for safety and all emergency telephone numbers of
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7 | organizations that will provide additional information and | ||||||
8 | assistance.
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9 | (23) To develop guidelines for the organization and | ||||||
10 | implementation of
Volunteer Services Credit Programs to be | ||||||
11 | administered by Area Agencies on
Aging or community based | ||||||
12 | senior service organizations. The Department shall
hold public | ||||||
13 | hearings on the proposed guidelines for public comment, | ||||||
14 | suggestion,
and determination of public interest. The | ||||||
15 | guidelines shall be based on the
findings of other states and | ||||||
16 | of community organizations in Illinois that are
currently | ||||||
17 | operating volunteer services credit programs or demonstration
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18 | volunteer services credit programs. The Department shall offer | ||||||
19 | guidelines for
all aspects of the programs including, but not | ||||||
20 | limited to, the following:
| ||||||
21 | (a) types of services to be offered by volunteers;
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22 | (b) types of services to be received upon the | ||||||
23 | redemption of service
credits;
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24 | (c) issues of liability for the volunteers and the | ||||||
25 | administering
organizations;
| ||||||
26 | (d) methods of tracking service credits earned and |
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1 | service credits
redeemed;
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2 | (e) issues of time limits for redemption of service | ||||||
3 | credits;
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4 | (f) methods of recruitment of volunteers;
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5 | (g) utilization of community volunteers, community | ||||||
6 | service groups, and
other resources for delivering | ||||||
7 | services to be received by service credit
program clients;
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8 | (h) accountability and assurance that services will be | ||||||
9 | available to
individuals who have earned service credits; | ||||||
10 | and
| ||||||
11 | (i) volunteer screening and qualifications.
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12 | The Department shall submit a written copy of the guidelines to | ||||||
13 | the General
Assembly by July 1, 1998.
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14 | (Source: P.A. 95-298, eff. 8-20-07; 95-689, eff. 10-29-07; | ||||||
15 | 95-876, eff. 8-21-08; 96-918, eff. 6-9-10.)
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16 | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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17 | Sec. 4.02. Community Care Program. The Department shall | ||||||
18 | establish a program of services to
prevent unnecessary | ||||||
19 | institutionalization of persons age 60 and older in
need of | ||||||
20 | long term care or who are established as persons who suffer | ||||||
21 | from
Alzheimer's disease or a related disorder under the | ||||||
22 | Alzheimer's Disease
Assistance Act, thereby enabling them
to | ||||||
23 | remain in their own homes or in other living arrangements. Such
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24 | preventive services, which may be coordinated with other | ||||||
25 | programs for the
aged and monitored by area agencies on aging |
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1 | in cooperation with the
Department, may include, but are not | ||||||
2 | limited to, any or all of the following:
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3 | (a) (blank);
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4 | (b) (blank);
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5 | (c) home care aide services;
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6 | (d) personal assistant services;
| ||||||
7 | (e) adult day services;
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8 | (f) home-delivered meals;
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9 | (g) education in self-care;
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10 | (h) personal care services;
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11 | (i) adult day health services;
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12 | (j) habilitation services;
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13 | (k) respite care;
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14 | (k-5) community reintegration services;
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15 | (k-6) flexible senior services; | ||||||
16 | (k-7) medication management; | ||||||
17 | (k-8) emergency home response;
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18 | (l) other nonmedical social services that may enable | ||||||
19 | the person
to become self-supporting; or
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20 | (m) clearinghouse for information provided by senior | ||||||
21 | citizen home owners
who want to rent rooms to or share | ||||||
22 | living space with other senior citizens.
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23 | The Department shall establish eligibility standards for | ||||||
24 | such
services. In determining the amount and nature of services
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25 | for which a person may qualify, consideration shall not be | ||||||
26 | given to the
value of cash, property or other assets held in |
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1 | the name of the person's
spouse pursuant to a written agreement | ||||||
2 | dividing marital property into equal
but separate shares or | ||||||
3 | pursuant to a transfer of the person's interest in a
home to | ||||||
4 | his spouse, provided that the spouse's share of the marital
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5 | property is not made available to the person seeking such | ||||||
6 | services.
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7 | Beginning January 1, 2008, the Department shall require as | ||||||
8 | a condition of eligibility that all new financially eligible | ||||||
9 | applicants apply for and enroll in medical assistance under | ||||||
10 | Article V of the Illinois Public Aid Code in accordance with | ||||||
11 | rules promulgated by the Department.
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12 | The Department shall, in conjunction with the Department of | ||||||
13 | Public Aid (now Department of Healthcare and Family Services),
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14 | seek appropriate amendments under Sections 1915 and 1924 of the | ||||||
15 | Social
Security Act. The purpose of the amendments shall be to | ||||||
16 | extend eligibility
for home and community based services under | ||||||
17 | Sections 1915 and 1924 of the
Social Security Act to persons | ||||||
18 | who transfer to or for the benefit of a
spouse those amounts of | ||||||
19 | income and resources allowed under Section 1924 of
the Social | ||||||
20 | Security Act. Subject to the approval of such amendments, the
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21 | Department shall extend the provisions of Section 5-4 of the | ||||||
22 | Illinois
Public Aid Code to persons who, but for the provision | ||||||
23 | of home or
community-based services, would require the level of | ||||||
24 | care provided in an
institution, as is provided for in federal | ||||||
25 | law. Those persons no longer
found to be eligible for receiving | ||||||
26 | noninstitutional services due to changes
in the eligibility |
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1 | criteria shall be given 45 days notice prior to actual
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2 | termination. Those persons receiving notice of termination may | ||||||
3 | contact the
Department and request the determination be | ||||||
4 | appealed at any time during the
45 day notice period. The | ||||||
5 | target
population identified for the purposes of this Section | ||||||
6 | are persons age 60
and older with an identified service need. | ||||||
7 | Priority shall be given to those
who are at imminent risk of | ||||||
8 | institutionalization. The services shall be
provided to | ||||||
9 | eligible persons age 60 and older to the extent that the cost
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10 | of the services together with the other personal maintenance
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11 | expenses of the persons are reasonably related to the standards
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12 | established for care in a group facility appropriate to the | ||||||
13 | person's
condition. These non-institutional services, pilot | ||||||
14 | projects or
experimental facilities may be provided as part of | ||||||
15 | or in addition to
those authorized by federal law or those | ||||||
16 | funded and administered by the
Department of Human Services. | ||||||
17 | The Departments of Human Services, Healthcare and Family | ||||||
18 | Services,
Public Health, Veterans' Affairs, and Commerce and | ||||||
19 | Economic Opportunity and
other appropriate agencies of State, | ||||||
20 | federal and local governments shall
cooperate with the | ||||||
21 | Department on Aging in the establishment and development
of the | ||||||
22 | non-institutional services. The Department shall require an | ||||||
23 | annual
audit from all personal assistant
and home care aide | ||||||
24 | vendors contracting with
the Department under this Section. The | ||||||
25 | annual audit shall assure that each
audited vendor's procedures | ||||||
26 | are in compliance with Department's financial
reporting |
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| |||||||
1 | guidelines requiring an administrative and employee wage and | ||||||
2 | benefits cost split as defined in administrative rules. The | ||||||
3 | audit is a public record under
the Freedom of Information Act. | ||||||
4 | The Department shall execute, relative to
the nursing home | ||||||
5 | prescreening project, written inter-agency
agreements with the | ||||||
6 | Department of Human Services and the Department
of Healthcare | ||||||
7 | and Family Services, to effect the following: (1) intake | ||||||
8 | procedures and common
eligibility criteria for those persons | ||||||
9 | who are receiving non-institutional
services; and (2) the | ||||||
10 | establishment and development of non-institutional
services in | ||||||
11 | areas of the State where they are not currently available or | ||||||
12 | are
undeveloped. On and after July 1, 1996, all nursing home | ||||||
13 | prescreenings for
individuals 60 years of age or older shall be | ||||||
14 | conducted by the Department.
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15 | As part of the Department on Aging's routine training of | ||||||
16 | case managers and case manager supervisors, the Department may | ||||||
17 | include information on family futures planning for persons who | ||||||
18 | are age 60 or older and who are caregivers of their adult | ||||||
19 | children with developmental disabilities. The content of the | ||||||
20 | training shall be at the Department's discretion. | ||||||
21 | The Department is authorized to establish a system of | ||||||
22 | recipient copayment
for services provided under this Section, | ||||||
23 | such copayment to be based upon
the recipient's ability to pay | ||||||
24 | but in no case to exceed the actual cost of
the services | ||||||
25 | provided. Additionally, any portion of a person's income which
| ||||||
26 | is equal to or less than the federal poverty standard shall not |
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1 | be
considered by the Department in determining the copayment. | ||||||
2 | The level of
such copayment shall be adjusted whenever | ||||||
3 | necessary to reflect any change
in the officially designated | ||||||
4 | federal poverty standard.
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5 | The Department, or the Department's authorized | ||||||
6 | representative, may
recover the amount of moneys expended for | ||||||
7 | services provided to or in
behalf of a person under this | ||||||
8 | Section by a claim against the person's
estate or against the | ||||||
9 | estate of the person's surviving spouse, but no
recovery may be | ||||||
10 | had until after the death of the surviving spouse, if
any, and | ||||||
11 | then only at such time when there is no surviving child who
is | ||||||
12 | under age 21, blind, or permanently and totally disabled. This
| ||||||
13 | paragraph, however, shall not bar recovery, at the death of the | ||||||
14 | person, of
moneys for services provided to the person or in | ||||||
15 | behalf of the person under
this Section to which the person was | ||||||
16 | not entitled;
provided that such recovery shall not be enforced | ||||||
17 | against any real estate while
it is occupied as a homestead by | ||||||
18 | the surviving spouse or other dependent, if no
claims by other | ||||||
19 | creditors have been filed against the estate, or, if such
| ||||||
20 | claims have been filed, they remain dormant for failure of | ||||||
21 | prosecution or
failure of the claimant to compel administration | ||||||
22 | of the estate for the purpose
of payment. This paragraph shall | ||||||
23 | not bar recovery from the estate of a spouse,
under Sections | ||||||
24 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| ||||||
25 | Illinois Public Aid Code, who precedes a person receiving | ||||||
26 | services under this
Section in death. All moneys for services
|
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| |||||||
1 | paid to or in behalf of the person under this Section shall be | ||||||
2 | claimed for
recovery from the deceased spouse's estate. | ||||||
3 | "Homestead", as used
in this paragraph, means the dwelling | ||||||
4 | house and
contiguous real estate occupied by a surviving spouse
| ||||||
5 | or relative, as defined by the rules and regulations of the | ||||||
6 | Department of Healthcare and Family Services, regardless of the | ||||||
7 | value of the property.
| ||||||
8 | The Department shall increase the effectiveness of the | ||||||
9 | existing Community Care Program by: | ||||||
10 | (1) ensuring that in-home services included in the care | ||||||
11 | plan are available on evenings and weekends; | ||||||
12 | (2) ensuring that care plans contain the services that | ||||||
13 | eligible participants
need based on the number of days in a | ||||||
14 | month, not limited to specific blocks of time, as | ||||||
15 | identified by the comprehensive assessment tool selected | ||||||
16 | by the Department for use statewide, not to exceed the | ||||||
17 | total monthly service cost maximum allowed for each | ||||||
18 | service; the Department shall develop administrative rules | ||||||
19 | to implement this item (2); | ||||||
20 | (3) ensuring that the participants have the right to | ||||||
21 | choose the services contained in their care plan and to | ||||||
22 | direct how those services are provided, based on | ||||||
23 | administrative rules established by the Department; | ||||||
24 | (4) ensuring that the determination of need tool is | ||||||
25 | accurate in determining the participants' level of need; to | ||||||
26 | achieve this, the Department, in conjunction with the Older |
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| |||||||
1 | Adult Services Advisory Committee, shall institute a study | ||||||
2 | of the relationship between the Determination of Need | ||||||
3 | scores, level of need, service cost maximums, and the | ||||||
4 | development and utilization of service plans no later than | ||||||
5 | May 1, 2008; findings and recommendations shall be | ||||||
6 | presented to the Governor and the General Assembly no later | ||||||
7 | than January 1, 2009; recommendations shall include all | ||||||
8 | needed changes to the service cost maximums schedule and | ||||||
9 | additional covered services; | ||||||
10 | (5) ensuring that homemakers can provide personal care | ||||||
11 | services that may or may not involve contact with clients, | ||||||
12 | including but not limited to: | ||||||
13 | (A) bathing; | ||||||
14 | (B) grooming; | ||||||
15 | (C) toileting; | ||||||
16 | (D) nail care; | ||||||
17 | (E) transferring; | ||||||
18 | (F) respiratory services; | ||||||
19 | (G) exercise; or | ||||||
20 | (H) positioning; | ||||||
21 | (6) ensuring that homemaker program vendors are not | ||||||
22 | restricted from hiring homemakers who are family members of | ||||||
23 | clients or recommended by clients; the Department may not, | ||||||
24 | by rule or policy, require homemakers who are family | ||||||
25 | members of clients or recommended by clients to accept | ||||||
26 | assignments in homes other than the client; |
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| |||||||
1 | (7) ensuring that the State may access maximum federal | ||||||
2 | matching funds by seeking approval for the Centers for | ||||||
3 | Medicare and Medicaid Services for modifications to the | ||||||
4 | State's home and community based services waiver and | ||||||
5 | additional waiver opportunities , including applying for | ||||||
6 | enrollment in the Balance Incentive Payment Program by May | ||||||
7 | 1, 2013, in order to maximize federal matching funds; this | ||||||
8 | shall include, but not be limited to, modification that | ||||||
9 | reflects all changes in the Community Care Program services | ||||||
10 | and all increases in the services cost maximum; and | ||||||
11 | (8) ensuring that the determination of need tool | ||||||
12 | accurately reflects the service needs of individuals with | ||||||
13 | Alzheimer's disease and related dementia disorders ; . | ||||||
14 | (9) ensuring that services are authorized accurately | ||||||
15 | and consistently for the Community Care Program (CCP); the | ||||||
16 | Department shall implement a Service Authorization policy | ||||||
17 | directive; the purpose shall be to ensure that eligibility | ||||||
18 | and services are authorized accurately and consistently in | ||||||
19 | the CCP program; the policy directive shall clarify service | ||||||
20 | authorization guidelines to Care Coordination Units and | ||||||
21 | Community Care Program providers no later than May 1, 2013; | ||||||
22 | (10) working in conjunction with Care Coordination | ||||||
23 | Units, the Department of Healthcare and Family Services, | ||||||
24 | the Department of Human Services, Community Care Program | ||||||
25 | providers, and other stakeholders to make improvements to | ||||||
26 | the Medicaid claiming processes and the Medicaid |
| |||||||
| |||||||
1 | enrollment procedures or requirements as needed, | ||||||
2 | including, but not limited to, specific policy changes or | ||||||
3 | rules to improve the up-front enrollment of participants in | ||||||
4 | the Medicaid program and specific policy changes or rules | ||||||
5 | to insure more prompt submission of bills to the federal | ||||||
6 | government to secure maximum federal matching dollars as | ||||||
7 | promptly as possible; the Department on Aging shall have at | ||||||
8 | least 3 meetings with stakeholders by January 1, 2014 in | ||||||
9 | order to address these improvements; | ||||||
10 | (11) requiring home care service providers to comply | ||||||
11 | with the rounding of hours worked provisions under the | ||||||
12 | federal Fair Labor Standards Act (FLSA) and as set forth in | ||||||
13 | 29 CFR 785.48(b) by May 1, 2013; | ||||||
14 | (12) implementing any necessary policy changes or | ||||||
15 | promulgating any rules, no later than January 1, 2014, to | ||||||
16 | assist the Department of Healthcare and Family Services in | ||||||
17 | moving as many participants as possible, consistent with | ||||||
18 | federal regulations, into coordinated care plans if a care | ||||||
19 | coordination plan that covers long term care is available | ||||||
20 | in the recipient's area; and | ||||||
21 | (13) maintaining fiscal year 2014 rates at the same | ||||||
22 | level established on January 1, 2013. | ||||||
23 | By January 1, 2009 or as soon after the end of the Cash and | ||||||
24 | Counseling Demonstration Project as is practicable, the | ||||||
25 | Department may, based on its evaluation of the demonstration | ||||||
26 | project, promulgate rules concerning personal assistant |
| |||||||
| |||||||
1 | services, to include, but need not be limited to, | ||||||
2 | qualifications, employment screening, rights under fair labor | ||||||
3 | standards, training, fiduciary agent, and supervision | ||||||
4 | requirements. All applicants shall be subject to the provisions | ||||||
5 | of the Health Care Worker Background Check Act.
| ||||||
6 | The Department shall develop procedures to enhance | ||||||
7 | availability of
services on evenings, weekends, and on an | ||||||
8 | emergency basis to meet the
respite needs of caregivers. | ||||||
9 | Procedures shall be developed to permit the
utilization of | ||||||
10 | services in successive blocks of 24 hours up to the monthly
| ||||||
11 | maximum established by the Department. Workers providing these | ||||||
12 | services
shall be appropriately trained.
| ||||||
13 | Beginning on the effective date of this Amendatory Act of | ||||||
14 | 1991, no person
may perform chore/housekeeping and home care | ||||||
15 | aide services under a program
authorized by this Section unless | ||||||
16 | that person has been issued a certificate
of pre-service to do | ||||||
17 | so by his or her employing agency. Information
gathered to | ||||||
18 | effect such certification shall include (i) the person's name,
| ||||||
19 | (ii) the date the person was hired by his or her current | ||||||
20 | employer, and
(iii) the training, including dates and levels. | ||||||
21 | Persons engaged in the
program authorized by this Section | ||||||
22 | before the effective date of this
amendatory Act of 1991 shall | ||||||
23 | be issued a certificate of all pre- and
in-service training | ||||||
24 | from his or her employer upon submitting the necessary
| ||||||
25 | information. The employing agency shall be required to retain | ||||||
26 | records of
all staff pre- and in-service training, and shall |
| |||||||
| |||||||
1 | provide such records to
the Department upon request and upon | ||||||
2 | termination of the employer's contract
with the Department. In | ||||||
3 | addition, the employing agency is responsible for
the issuance | ||||||
4 | of certifications of in-service training completed to their
| ||||||
5 | employees.
| ||||||
6 | The Department is required to develop a system to ensure | ||||||
7 | that persons
working as home care aides and personal assistants
| ||||||
8 | receive increases in their
wages when the federal minimum wage | ||||||
9 | is increased by requiring vendors to
certify that they are | ||||||
10 | meeting the federal minimum wage statute for home care aides
| ||||||
11 | and personal assistants. An employer that cannot ensure that | ||||||
12 | the minimum
wage increase is being given to home care aides and | ||||||
13 | personal assistants
shall be denied any increase in | ||||||
14 | reimbursement costs.
| ||||||
15 | The Community Care Program Advisory Committee is created in | ||||||
16 | the Department on Aging. The Director shall appoint individuals | ||||||
17 | to serve in the Committee, who shall serve at their own | ||||||
18 | expense. Members of the Committee must abide by all applicable | ||||||
19 | ethics laws. The Committee shall advise the Department on | ||||||
20 | issues related to the Department's program of services to | ||||||
21 | prevent unnecessary institutionalization. The Committee shall | ||||||
22 | meet on a bi-monthly basis and shall serve to identify and | ||||||
23 | advise the Department on present and potential issues affecting | ||||||
24 | the service delivery network, the program's clients, and the | ||||||
25 | Department and to recommend solution strategies. Persons | ||||||
26 | appointed to the Committee shall be appointed on, but not |
| |||||||
| |||||||
1 | limited to, their own and their agency's experience with the | ||||||
2 | program, geographic representation, and willingness to serve. | ||||||
3 | The Director shall appoint members to the Committee to | ||||||
4 | represent provider, advocacy, policy research, and other | ||||||
5 | constituencies committed to the delivery of high quality home | ||||||
6 | and community-based services to older adults. Representatives | ||||||
7 | shall be appointed to ensure representation from community care | ||||||
8 | providers including, but not limited to, adult day service | ||||||
9 | providers, homemaker providers, case coordination and case | ||||||
10 | management units, emergency home response providers, statewide | ||||||
11 | trade or labor unions that represent home care
aides and direct | ||||||
12 | care staff, area agencies on aging, adults over age 60, | ||||||
13 | membership organizations representing older adults, and other | ||||||
14 | organizational entities, providers of care, or individuals | ||||||
15 | with demonstrated interest and expertise in the field of home | ||||||
16 | and community care as determined by the Director. | ||||||
17 | Nominations may be presented from any agency or State | ||||||
18 | association with interest in the program. The Director, or his | ||||||
19 | or her designee, shall serve as the permanent co-chair of the | ||||||
20 | advisory committee. One other co-chair shall be nominated and | ||||||
21 | approved by the members of the committee on an annual basis. | ||||||
22 | Committee members' terms of appointment shall be for 4 years | ||||||
23 | with one-quarter of the appointees' terms expiring each year. A | ||||||
24 | member shall continue to serve until his or her replacement is | ||||||
25 | named. The Department shall fill vacancies that have a | ||||||
26 | remaining term of over one year, and this replacement shall |
| |||||||
| |||||||
1 | occur through the annual replacement of expiring terms. The | ||||||
2 | Director shall designate Department staff to provide technical | ||||||
3 | assistance and staff support to the committee. Department | ||||||
4 | representation shall not constitute membership of the | ||||||
5 | committee. All Committee papers, issues, recommendations, | ||||||
6 | reports, and meeting memoranda are advisory only. The Director, | ||||||
7 | or his or her designee, shall make a written report, as | ||||||
8 | requested by the Committee, regarding issues before the | ||||||
9 | Committee.
| ||||||
10 | The Department on Aging and the Department of Human | ||||||
11 | Services
shall cooperate in the development and submission of | ||||||
12 | an annual report on
programs and services provided under this | ||||||
13 | Section. Such joint report
shall be filed with the Governor and | ||||||
14 | the General Assembly on or before
September 30 each year.
| ||||||
15 | The requirement for reporting to the General Assembly shall | ||||||
16 | be satisfied
by filing copies of the report with the Speaker, | ||||||
17 | the Minority Leader and
the Clerk of the House of | ||||||
18 | Representatives and the President, the Minority
Leader and the | ||||||
19 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
20 | required by Section 3.1 of the General Assembly Organization | ||||||
21 | Act and
filing such additional copies with the State Government | ||||||
22 | Report Distribution
Center for the General Assembly as is | ||||||
23 | required under paragraph (t) of
Section 7 of the State Library | ||||||
24 | Act.
| ||||||
25 | Those persons previously found eligible for receiving | ||||||
26 | non-institutional
services whose services were discontinued |
| |||||||
| |||||||
1 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
2 | not meet the eligibility standards in effect
on or after July | ||||||
3 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
4 | Those persons previously not required to cost-share and who | ||||||
5 | were
required to cost-share effective March 1, 1992, shall | ||||||
6 | continue to meet
cost-share requirements on and after July 1, | ||||||
7 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
8 | meet
eligibility, cost-share, and other requirements and will | ||||||
9 | have services
discontinued or altered when they fail to meet | ||||||
10 | these requirements. | ||||||
11 | For the purposes of this Section, "flexible senior | ||||||
12 | services" refers to services that require one-time or periodic | ||||||
13 | expenditures including, but not limited to, respite care, home | ||||||
14 | modification, assistive technology, housing assistance, and | ||||||
15 | transportation.
| ||||||
16 | The Department shall implement an electronic service | ||||||
17 | verification based on global positioning systems or other | ||||||
18 | cost-effective technology for the Community Care Program no | ||||||
19 | later than January 1, 2014. | ||||||
20 | The Department shall require, as a condition of | ||||||
21 | eligibility, enrollment in the medical assistance program | ||||||
22 | under Article V of the Illinois Public Aid Code (i) beginning | ||||||
23 | August 1, 2013, if the Auditor General has reported that the | ||||||
24 | Department has failed
to comply with the reporting requirements | ||||||
25 | of Section 2-27 of
the Illinois State Auditing Act; or (ii) | ||||||
26 | beginning June 1, 2014, if the Auditor General has reported |
| |||||||
| |||||||
1 | that the
Department has not undertaken the required actions | ||||||
2 | listed in
the report required by subsection (a) of Section 2-27 | ||||||
3 | of the
Illinois State Auditing Act. | ||||||
4 | The Department shall delay Community Care Program services | ||||||
5 | until an applicant is determined eligible for medical | ||||||
6 | assistance under Article V of the Illinois Public Aid Code (i) | ||||||
7 | beginning August 1, 2013, if the Auditor General has reported | ||||||
8 | that the Department has failed
to comply with the reporting | ||||||
9 | requirements of Section 2-27 of
the Illinois State Auditing | ||||||
10 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
11 | reported that the
Department has not undertaken the required | ||||||
12 | actions listed in
the report required by subsection (a) of | ||||||
13 | Section 2-27 of the
Illinois State Auditing Act. | ||||||
14 | The Department shall implement co-payments for the | ||||||
15 | Community Care Program at the federally allowable maximum level | ||||||
16 | (i) beginning August 1, 2013, if the Auditor General has | ||||||
17 | reported that the Department has failed
to comply with the | ||||||
18 | reporting requirements of Section 2-27 of
the Illinois State | ||||||
19 | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | ||||||
20 | General has reported that the
Department has not undertaken the | ||||||
21 | required actions listed in
the report required by subsection | ||||||
22 | (a) of Section 2-27 of the
Illinois State Auditing Act. | ||||||
23 | The Department shall provide a bi-monthly report on the | ||||||
24 | progress of the Community Care Program reforms set forth in | ||||||
25 | this amendatory Act of the 98th General Assembly to the | ||||||
26 | Governor, the Speaker of the House of Representatives, the |
| |||||||
| |||||||
1 | Minority Leader of the House of Representatives, the
President | ||||||
2 | of the
Senate, and the Minority Leader of the Senate. | ||||||
3 | The Department shall conduct a quarterly review of Care | ||||||
4 | Coordination Unit performance and adherence to service | ||||||
5 | guidelines. The quarterly review shall be reported to the | ||||||
6 | Speaker of the House of Representatives, the Minority Leader of | ||||||
7 | the House of Representatives, the
President of the
Senate, and | ||||||
8 | the Minority Leader of the Senate. The Department shall collect | ||||||
9 | and report longitudinal data on the performance of each care | ||||||
10 | coordination unit. Nothing in this paragraph shall be construed | ||||||
11 | to require the Department to identify specific care | ||||||
12 | coordination units. | ||||||
13 | In regard to community care providers, failure to comply | ||||||
14 | with Department on Aging policies shall be cause for | ||||||
15 | disciplinary action, including, but not limited to, | ||||||
16 | disqualification from serving Community Care Program clients. | ||||||
17 | Each provider, upon submission of any bill or invoice to the | ||||||
18 | Department for payment for services rendered, shall include a | ||||||
19 | notarized statement, under penalty of perjury pursuant to | ||||||
20 | Section 1-109 of the Code of Civil Procedure, that the provider | ||||||
21 | has complied with all Department policies. | ||||||
22 | (Source: P.A. 96-918, eff. 6-9-10; 96-1129, eff. 7-20-10; | ||||||
23 | 97-333, eff. 8-12-11.) | ||||||
24 | Section 9. The Illinois State Auditing Act is amended by | ||||||
25 | adding Section 2-27 as follows: |
| |||||||
| |||||||
1 | (30 ILCS 5/2-27 new) | ||||||
2 | Sec. 2-27. Certification of Community Care Program reform | ||||||
3 | implementation. | ||||||
4 | (a) No later than July 1, 2013, the Department on Aging | ||||||
5 | shall file
a report with the Auditor General, the Governor, the | ||||||
6 | Speaker of
the House of Representatives, the Minority Leader of | ||||||
7 | the House
of Representatives, the President of the Senate, and | ||||||
8 | the Minority Leader of the Senate listing any necessary | ||||||
9 | amendment to the Illinois
Title XIX State plan, any federal | ||||||
10 | waiver request, any State
administrative rule, or any State | ||||||
11 | Policy changes and notifications required to implement this | ||||||
12 | amendatory Act
of the 98th General Assembly. | ||||||
13 | (b) No later than February 1, 2014, the Department on Aging | ||||||
14 | shall
provide evidence to the Auditor General that it has | ||||||
15 | undertaken
the required actions listed in the report required | ||||||
16 | by
subsection (a). | ||||||
17 | (c) No later than April 1, 2014, the Auditor General shall
| ||||||
18 | submit a report to the Governor, the Speaker of the House of
| ||||||
19 | Representatives, the Minority Leader of the House of
| ||||||
20 | Representatives, the President of the Senate, and the Minority | ||||||
21 | Leader of the Senate as to whether the Department on Aging has | ||||||
22 | undertaken the required
actions listed in the report required | ||||||
23 | by subsection (a). | ||||||
24 | Section 10. The State Finance Act is amended by changing |
| |||||||
| |||||||
1 | Section 25 as follows:
| ||||||
2 | (30 ILCS 105/25) (from Ch. 127, par. 161)
| ||||||
3 | Sec. 25. Fiscal year limitations.
| ||||||
4 | (a) All appropriations shall be
available for expenditure | ||||||
5 | for the fiscal year or for a lesser period if the
Act making | ||||||
6 | that appropriation so specifies. A deficiency or emergency
| ||||||
7 | appropriation shall be available for expenditure only through | ||||||
8 | June 30 of
the year when the Act making that appropriation is | ||||||
9 | enacted unless that Act
otherwise provides.
| ||||||
10 | (b) Outstanding liabilities as of June 30, payable from | ||||||
11 | appropriations
which have otherwise expired, may be paid out of | ||||||
12 | the expiring
appropriations during the 2-month period ending at | ||||||
13 | the
close of business on August 31. Any service involving
| ||||||
14 | professional or artistic skills or any personal services by an | ||||||
15 | employee whose
compensation is subject to income tax | ||||||
16 | withholding must be performed as of June
30 of the fiscal year | ||||||
17 | in order to be considered an "outstanding liability as of
June | ||||||
18 | 30" that is thereby eligible for payment out of the expiring
| ||||||
19 | appropriation.
| ||||||
20 | (b-1) However, payment of tuition reimbursement claims | ||||||
21 | under Section 14-7.03 or
18-3 of the School Code may be made by | ||||||
22 | the State Board of Education from its
appropriations for those | ||||||
23 | respective purposes for any fiscal year, even though
the claims | ||||||
24 | reimbursed by the payment may be claims attributable to a prior
| ||||||
25 | fiscal year, and payments may be made at the direction of the |
| |||||||
| |||||||
1 | State
Superintendent of Education from the fund from which the | ||||||
2 | appropriation is made
without regard to any fiscal year | ||||||
3 | limitations, except as required by subsection (j) of this | ||||||
4 | Section. Beginning on June 30, 2021, payment of tuition | ||||||
5 | reimbursement claims under Section 14-7.03 or 18-3 of the | ||||||
6 | School Code as of June 30, payable from appropriations that | ||||||
7 | have otherwise expired, may be paid out of the expiring | ||||||
8 | appropriation during the 4-month period ending at the close of | ||||||
9 | business on October 31.
| ||||||
10 | (b-2) All outstanding liabilities as of June 30, 2010, | ||||||
11 | payable from appropriations that would otherwise expire at the | ||||||
12 | conclusion of the lapse period for fiscal year 2010, and | ||||||
13 | interest penalties payable on those liabilities under the State | ||||||
14 | Prompt Payment Act, may be paid out of the expiring | ||||||
15 | appropriations until December 31, 2010, without regard to the | ||||||
16 | fiscal year in which the payment is made, as long as vouchers | ||||||
17 | for the liabilities are received by the Comptroller no later | ||||||
18 | than August 31, 2010. | ||||||
19 | (b-2.5) All outstanding liabilities as of June 30, 2011, | ||||||
20 | payable from appropriations that would otherwise expire at the | ||||||
21 | conclusion of the lapse period for fiscal year 2011, and | ||||||
22 | interest penalties payable on those liabilities under the State | ||||||
23 | Prompt Payment Act, may be paid out of the expiring | ||||||
24 | appropriations until December 31, 2011, without regard to the | ||||||
25 | fiscal year in which the payment is made, as long as vouchers | ||||||
26 | for the liabilities are received by the Comptroller no later |
| |||||||
| |||||||
1 | than August 31, 2011. | ||||||
2 | (b-2.6) All outstanding liabilities as of June 30, 2012, | ||||||
3 | payable from appropriations that would otherwise expire at the | ||||||
4 | conclusion of the lapse period for fiscal year 2012, and | ||||||
5 | interest penalties payable on those liabilities under the State | ||||||
6 | Prompt Payment Act, may be paid out of the expiring | ||||||
7 | appropriations until December 31, 2012, without regard to the | ||||||
8 | fiscal year in which the payment is made, as long as vouchers | ||||||
9 | for the liabilities are received by the Comptroller no later | ||||||
10 | than August 31, 2012. | ||||||
11 | (b-2.7) (b-2.6) For fiscal years 2012 and 2013, interest | ||||||
12 | penalties payable under the State Prompt Payment Act associated | ||||||
13 | with a voucher for which payment is issued after June 30 may be | ||||||
14 | paid out of the next fiscal year's appropriation. The future | ||||||
15 | year appropriation must be for the same purpose and from the | ||||||
16 | same fund as the original payment. An interest penalty voucher | ||||||
17 | submitted against a future year appropriation must be submitted | ||||||
18 | within 60 days after the issuance of the associated voucher, | ||||||
19 | and the Comptroller must issue the interest payment within 60 | ||||||
20 | days after acceptance of the interest voucher. | ||||||
21 | (b-3) Medical payments may be made by the Department of | ||||||
22 | Veterans' Affairs from
its
appropriations for those purposes | ||||||
23 | for any fiscal year, without regard to the
fact that the | ||||||
24 | medical services being compensated for by such payment may have
| ||||||
25 | been rendered in a prior fiscal year, except as required by | ||||||
26 | subsection (j) of this Section. Beginning on June 30, 2021, |
| |||||||
| |||||||
1 | medical payments payable from appropriations that have | ||||||
2 | otherwise expired may be paid out of the expiring appropriation | ||||||
3 | during the 4-month period ending at the close of business on | ||||||
4 | October 31.
| ||||||
5 | (b-4) Medical payments and child care
payments may be made | ||||||
6 | by the Department of
Human Services (as successor to the | ||||||
7 | Department of Public Aid) from
appropriations for those | ||||||
8 | purposes for any fiscal year,
without regard to the fact that | ||||||
9 | the medical or child care services being
compensated for by | ||||||
10 | such payment may have been rendered in a prior fiscal
year; and | ||||||
11 | payments may be made at the direction of the Department of
| ||||||
12 | Healthcare and Family Services (or successor agency) from the | ||||||
13 | Health Insurance Reserve Fund without regard to any fiscal
year | ||||||
14 | limitations, except as required by subsection (j) of this | ||||||
15 | Section. Beginning on June 30, 2021, medical and child care | ||||||
16 | payments made by the Department of Human Services , and payments | ||||||
17 | made at the discretion of the Department of Healthcare and | ||||||
18 | Family Services (or successor agency) from the Health Insurance | ||||||
19 | Reserve Fund and payable from appropriations that have | ||||||
20 | otherwise expired may be paid out of the expiring appropriation | ||||||
21 | during the 4-month period ending at the close of business on | ||||||
22 | October 31.
| ||||||
23 | (b-5) Medical payments may be made by the Department of | ||||||
24 | Human Services from its appropriations relating to substance | ||||||
25 | abuse treatment services for any fiscal year, without regard to | ||||||
26 | the fact that the medical services being compensated for by |
| |||||||
| |||||||
1 | such payment may have been rendered in a prior fiscal year, | ||||||
2 | provided the payments are made on a fee-for-service basis | ||||||
3 | consistent with requirements established for Medicaid | ||||||
4 | reimbursement by the Department of Healthcare and Family | ||||||
5 | Services, except as required by subsection (j) of this Section. | ||||||
6 | Beginning on June 30, 2021, medical payments made by the | ||||||
7 | Department of Human Services relating to substance abuse | ||||||
8 | treatment services payable from appropriations that have | ||||||
9 | otherwise expired may be paid out of the expiring appropriation | ||||||
10 | during the 4-month period ending at the close of business on | ||||||
11 | October 31. | ||||||
12 | (b-6) Additionally, payments may be made by the Department | ||||||
13 | of Human Services from
its appropriations, or any other State | ||||||
14 | agency from its appropriations with
the approval of the | ||||||
15 | Department of Human Services, from the Immigration Reform
and | ||||||
16 | Control Fund for purposes authorized pursuant to the | ||||||
17 | Immigration Reform
and Control Act of 1986, without regard to | ||||||
18 | any fiscal year limitations, except as required by subsection | ||||||
19 | (j) of this Section. Beginning on June 30, 2021, payments made | ||||||
20 | by the Department of Human Services from the Immigration Reform | ||||||
21 | and Control Fund for purposes authorized pursuant to the | ||||||
22 | Immigration Reform and Control Act of 1986 payable from | ||||||
23 | appropriations that have otherwise expired may be paid out of | ||||||
24 | the expiring appropriation during the 4-month period ending at | ||||||
25 | the close of business on October 31.
| ||||||
26 | (b-7) Payments may be made in accordance with a plan |
| |||||||
| |||||||
1 | authorized by paragraph (11) or (12) of Section 405-105 of the | ||||||
2 | Department of Central Management Services Law from | ||||||
3 | appropriations for those payments without regard to fiscal year | ||||||
4 | limitations. | ||||||
5 | (b-9) Medical payments not exceeding $150,000,000 may be | ||||||
6 | made by the Department on Aging from its appropriations | ||||||
7 | relating to the Community Care Program for fiscal year 2014, | ||||||
8 | without regard to the fact that the medical services being | ||||||
9 | compensated for by such payment may have been rendered in a | ||||||
10 | prior fiscal year, provided the payments are made on a | ||||||
11 | fee-for-service basis consistent with requirements established | ||||||
12 | for Medicaid reimbursement by the Department of Healthcare and | ||||||
13 | Family Services, except as required by subsection (j) of this | ||||||
14 | Section. | ||||||
15 | (c) Further, payments may be made by the Department of | ||||||
16 | Public Health and the
Department of Human Services (acting as | ||||||
17 | successor to the Department of Public
Health under the | ||||||
18 | Department of Human Services Act)
from their respective | ||||||
19 | appropriations for grants for medical care to or on
behalf of | ||||||
20 | premature and high-mortality risk infants and their mothers and
| ||||||
21 | for grants for supplemental food supplies provided under the | ||||||
22 | United States
Department of Agriculture Women, Infants and | ||||||
23 | Children Nutrition Program,
for any fiscal year without regard | ||||||
24 | to the fact that the services being
compensated for by such | ||||||
25 | payment may have been rendered in a prior fiscal year, except | ||||||
26 | as required by subsection (j) of this Section. Beginning on |
| |||||||
| |||||||
1 | June 30, 2021, payments made by the Department of Public Health | ||||||
2 | and the Department of Human Services from their respective | ||||||
3 | appropriations for grants for medical care to or on behalf of | ||||||
4 | premature and high-mortality risk infants and their mothers and | ||||||
5 | for grants for supplemental food supplies provided under the | ||||||
6 | United States Department of Agriculture Women, Infants and | ||||||
7 | Children Nutrition Program payable from appropriations that | ||||||
8 | have otherwise expired may be paid out of the expiring | ||||||
9 | appropriations during the 4-month period ending at the close of | ||||||
10 | business on October 31.
| ||||||
11 | (d) The Department of Public Health and the Department of | ||||||
12 | Human Services
(acting as successor to the Department of Public | ||||||
13 | Health under the Department of
Human Services Act) shall each | ||||||
14 | annually submit to the State Comptroller, Senate
President, | ||||||
15 | Senate
Minority Leader, Speaker of the House, House Minority | ||||||
16 | Leader, and the
respective Chairmen and Minority Spokesmen of | ||||||
17 | the
Appropriations Committees of the Senate and the House, on | ||||||
18 | or before
December 31, a report of fiscal year funds used to | ||||||
19 | pay for services
provided in any prior fiscal year. This report | ||||||
20 | shall document by program or
service category those | ||||||
21 | expenditures from the most recently completed fiscal
year used | ||||||
22 | to pay for services provided in prior fiscal years.
| ||||||
23 | (e) The Department of Healthcare and Family Services, the | ||||||
24 | Department of Human Services
(acting as successor to the | ||||||
25 | Department of Public Aid), and the Department of Human Services | ||||||
26 | making fee-for-service payments relating to substance abuse |
| |||||||
| |||||||
1 | treatment services provided during a previous fiscal year shall | ||||||
2 | each annually
submit to the State
Comptroller, Senate | ||||||
3 | President, Senate Minority Leader, Speaker of the House,
House | ||||||
4 | Minority Leader, the respective Chairmen and Minority | ||||||
5 | Spokesmen of the
Appropriations Committees of the Senate and | ||||||
6 | the House, on or before November
30, a report that shall | ||||||
7 | document by program or service category those
expenditures from | ||||||
8 | the most recently completed fiscal year used to pay for (i)
| ||||||
9 | services provided in prior fiscal years and (ii) services for | ||||||
10 | which claims were
received in prior fiscal years.
| ||||||
11 | (f) The Department of Human Services (as successor to the | ||||||
12 | Department of
Public Aid) shall annually submit to the State
| ||||||
13 | Comptroller, Senate President, Senate Minority Leader, Speaker | ||||||
14 | of the House,
House Minority Leader, and the respective | ||||||
15 | Chairmen and Minority Spokesmen of
the Appropriations | ||||||
16 | Committees of the Senate and the House, on or before
December | ||||||
17 | 31, a report
of fiscal year funds used to pay for services | ||||||
18 | (other than medical care)
provided in any prior fiscal year. | ||||||
19 | This report shall document by program or
service category those | ||||||
20 | expenditures from the most recently completed fiscal
year used | ||||||
21 | to pay for services provided in prior fiscal years.
| ||||||
22 | (g) In addition, each annual report required to be | ||||||
23 | submitted by the
Department of Healthcare and Family Services | ||||||
24 | under subsection (e) shall include the following
information | ||||||
25 | with respect to the State's Medicaid program:
| ||||||
26 | (1) Explanations of the exact causes of the variance |
| |||||||
| |||||||
1 | between the previous
year's estimated and actual | ||||||
2 | liabilities.
| ||||||
3 | (2) Factors affecting the Department of Healthcare and | ||||||
4 | Family Services' liabilities,
including but not limited to | ||||||
5 | numbers of aid recipients, levels of medical
service | ||||||
6 | utilization by aid recipients, and inflation in the cost of | ||||||
7 | medical
services.
| ||||||
8 | (3) The results of the Department's efforts to combat | ||||||
9 | fraud and abuse.
| ||||||
10 | (h) As provided in Section 4 of the General Assembly | ||||||
11 | Compensation Act,
any utility bill for service provided to a | ||||||
12 | General Assembly
member's district office for a period | ||||||
13 | including portions of 2 consecutive
fiscal years may be paid | ||||||
14 | from funds appropriated for such expenditure in
either fiscal | ||||||
15 | year.
| ||||||
16 | (i) An agency which administers a fund classified by the | ||||||
17 | Comptroller as an
internal service fund may issue rules for:
| ||||||
18 | (1) billing user agencies in advance for payments or | ||||||
19 | authorized inter-fund transfers
based on estimated charges | ||||||
20 | for goods or services;
| ||||||
21 | (2) issuing credits, refunding through inter-fund | ||||||
22 | transfers, or reducing future inter-fund transfers
during
| ||||||
23 | the subsequent fiscal year for all user agency payments or | ||||||
24 | authorized inter-fund transfers received during the
prior | ||||||
25 | fiscal year which were in excess of the final amounts owed | ||||||
26 | by the user
agency for that period; and
|
| |||||||
| |||||||
1 | (3) issuing catch-up billings to user agencies
during | ||||||
2 | the subsequent fiscal year for amounts remaining due when | ||||||
3 | payments or authorized inter-fund transfers
received from | ||||||
4 | the user agency during the prior fiscal year were less than | ||||||
5 | the
total amount owed for that period.
| ||||||
6 | User agencies are authorized to reimburse internal service | ||||||
7 | funds for catch-up
billings by vouchers drawn against their | ||||||
8 | respective appropriations for the
fiscal year in which the | ||||||
9 | catch-up billing was issued or by increasing an authorized | ||||||
10 | inter-fund transfer during the current fiscal year. For the | ||||||
11 | purposes of this Act, "inter-fund transfers" means transfers | ||||||
12 | without the use of the voucher-warrant process, as authorized | ||||||
13 | by Section 9.01 of the State Comptroller Act.
| ||||||
14 | (i-1) Beginning on July 1, 2021, all outstanding | ||||||
15 | liabilities, not payable during the 4-month lapse period as | ||||||
16 | described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and | ||||||
17 | (c) of this Section, that are made from appropriations for that | ||||||
18 | purpose for any fiscal year, without regard to the fact that | ||||||
19 | the services being compensated for by those payments may have | ||||||
20 | been rendered in a prior fiscal year, are limited to only those | ||||||
21 | claims that have been incurred but for which a proper bill or | ||||||
22 | invoice as defined by the State Prompt Payment Act has not been | ||||||
23 | received by September 30th following the end of the fiscal year | ||||||
24 | in which the service was rendered. | ||||||
25 | (j) Notwithstanding any other provision of this Act, the | ||||||
26 | aggregate amount of payments to be made without regard for |
| |||||||
| |||||||
1 | fiscal year limitations as contained in subsections (b-1), | ||||||
2 | (b-3), (b-4), (b-5), (b-6), and (c) of this Section, and | ||||||
3 | determined by using Generally Accepted Accounting Principles, | ||||||
4 | shall not exceed the following amounts: | ||||||
5 | (1) $6,000,000,000 for outstanding liabilities related | ||||||
6 | to fiscal year 2012; | ||||||
7 | (2) $5,300,000,000 for outstanding liabilities related | ||||||
8 | to fiscal year 2013; | ||||||
9 | (3) $4,600,000,000 for outstanding liabilities related | ||||||
10 | to fiscal year 2014; | ||||||
11 | (4) $4,000,000,000 for outstanding liabilities related | ||||||
12 | to fiscal year 2015; | ||||||
13 | (5) $3,300,000,000 for outstanding liabilities related | ||||||
14 | to fiscal year 2016; | ||||||
15 | (6) $2,600,000,000 for outstanding liabilities related | ||||||
16 | to fiscal year 2017; | ||||||
17 | (7) $2,000,000,000 for outstanding liabilities related | ||||||
18 | to fiscal year 2018; | ||||||
19 | (8) $1,300,000,000 for outstanding liabilities related | ||||||
20 | to fiscal year 2019; | ||||||
21 | (9) $600,000,000 for outstanding liabilities related | ||||||
22 | to fiscal year 2020; and | ||||||
23 | (10) $0 for outstanding liabilities related to fiscal | ||||||
24 | year 2021 and fiscal years thereafter. | ||||||
25 | (k) Department of Healthcare and Family Services Medical | ||||||
26 | Assistance Payments. |
| |||||||
| |||||||
1 | (1) Definition of Medical Assistance. | ||||||
2 | For purposes of this subsection, the term "Medical | ||||||
3 | Assistance" shall include, but not necessarily be | ||||||
4 | limited to, medical programs and services authorized | ||||||
5 | under Titles XIX and XXI of the Social Security Act, | ||||||
6 | the Illinois Public Aid Code, the Children's Health | ||||||
7 | Insurance Program Act, the Covering ALL KIDS Health | ||||||
8 | Insurance Act, the Long Term Acute Care Hospital | ||||||
9 | Quality Improvement Transfer Program Act, and medical | ||||||
10 | care to or on behalf of persons suffering from chronic | ||||||
11 | renal disease, persons suffering from hemophilia , and | ||||||
12 | victims of sexual assault. | ||||||
13 | (2) Limitations on Medical Assistance payments that | ||||||
14 | may be paid from future fiscal year appropriations. | ||||||
15 | (A) The maximum amounts of annual unpaid Medical | ||||||
16 | Assistance bills received and recorded by the | ||||||
17 | Department of Healthcare and Family Services on or | ||||||
18 | before June 30th of a particular fiscal year | ||||||
19 | attributable in aggregate to the General Revenue Fund, | ||||||
20 | Healthcare Provider Relief Fund, Tobacco Settlement | ||||||
21 | Recovery Fund, Long-Term Care Provider Fund, and the | ||||||
22 | Drug Rebate Fund that may be paid in total by the | ||||||
23 | Department from future fiscal year Medical Assistance | ||||||
24 | appropriations to those funds are:
$700,000,000 for | ||||||
25 | fiscal year 2013 and $100,000,000 for fiscal year 2014 | ||||||
26 | and each fiscal year thereafter. |
| |||||||
| |||||||
1 | (B) Bills for Medical Assistance services rendered | ||||||
2 | in a particular fiscal year, but received and recorded | ||||||
3 | by the Department of Healthcare and Family Services | ||||||
4 | after June 30th of that fiscal year, may be paid from | ||||||
5 | either appropriations for that fiscal year or future | ||||||
6 | fiscal year appropriations for Medical Assistance. | ||||||
7 | Such payments shall not be subject to the requirements | ||||||
8 | of subparagraph (A). | ||||||
9 | (C) Medical Assistance bills received by the | ||||||
10 | Department of Healthcare and Family Services in a | ||||||
11 | particular fiscal year, but subject to payment amount | ||||||
12 | adjustments in a future fiscal year may be paid from a | ||||||
13 | future fiscal year's appropriation for Medical | ||||||
14 | Assistance. Such payments shall not be subject to the | ||||||
15 | requirements of subparagraph (A). | ||||||
16 | (D) Medical Assistance payments made by the | ||||||
17 | Department of Healthcare and Family Services from | ||||||
18 | funds other than those specifically referenced in | ||||||
19 | subparagraph (A) may be made from appropriations for | ||||||
20 | those purposes for any fiscal year without regard to | ||||||
21 | the fact that the Medical Assistance services being | ||||||
22 | compensated for by such payment may have been rendered | ||||||
23 | in a prior fiscal year. Such payments shall not be | ||||||
24 | subject to the requirements of subparagraph (A). | ||||||
25 | (3) Extended lapse period for Department of Healthcare | ||||||
26 | and Family Services Medical Assistance payments. |
| |||||||
| |||||||
1 | Notwithstanding any other State law to the contrary, | ||||||
2 | outstanding Department of Healthcare and Family Services | ||||||
3 | Medical Assistance liabilities, as of June 30th, payable | ||||||
4 | from appropriations which have otherwise expired, may be | ||||||
5 | paid out of the expiring appropriations during the 6-month | ||||||
6 | period ending at the close of business on December 31st. | ||||||
7 | (l) The changes to this Section made by Public Act 97-691 | ||||||
8 | this amendatory Act of the 97th General Assembly shall be | ||||||
9 | effective for payment of Medical Assistance bills incurred in | ||||||
10 | fiscal year 2013 and future fiscal years. The changes to this | ||||||
11 | Section made by Public Act 97-691 this amendatory Act of the | ||||||
12 | 97th General Assembly shall not be applied to Medical | ||||||
13 | Assistance bills incurred in fiscal year 2012 or prior fiscal | ||||||
14 | years. | ||||||
15 | (m) (k) The Comptroller must issue payments against | ||||||
16 | outstanding liabilities that were received prior to the lapse | ||||||
17 | period deadlines set forth in this Section as soon thereafter | ||||||
18 | as practical, but no payment may be issued after the 4 months | ||||||
19 | following the lapse period deadline without the signed | ||||||
20 | authorization of the Comptroller and the Governor. | ||||||
21 | (Source: P.A. 96-928, eff. 6-15-10; 96-958, eff. 7-1-10; | ||||||
22 | 96-1501, eff. 1-25-11; 97-75, eff. 6-30-11; 97-333, eff. | ||||||
23 | 8-12-11; 97-691, eff. 7-1-12; 97-732, eff. 6-30-12; 97-932, | ||||||
24 | eff. 8-10-12; revised 8-23-12.)
| ||||||
25 | Section 15. The Illinois Public Aid Code is amended by |
| |||||||
| |||||||
1 | changing Section 12-13.1 as follows:
| ||||||
2 | (305 ILCS 5/12-13.1)
| ||||||
3 | Sec. 12-13.1. Inspector General.
| ||||||
4 | (a) The Governor shall appoint, and the Senate shall | ||||||
5 | confirm, an Inspector
General who shall function within the | ||||||
6 | Illinois Department of Public Aid (now Healthcare and Family | ||||||
7 | Services) and
report to the Governor. The term of the Inspector | ||||||
8 | General shall expire on the
third Monday of January, 1997 and | ||||||
9 | every 4 years thereafter.
| ||||||
10 | (b) In order to prevent, detect, and eliminate fraud, | ||||||
11 | waste, abuse,
mismanagement, and misconduct, the Inspector | ||||||
12 | General shall oversee the
Department of Healthcare and Family | ||||||
13 | Services' and the Department on Aging's integrity
functions, | ||||||
14 | which include, but are not limited to, the following:
| ||||||
15 | (1) Investigation of misconduct by employees, vendors, | ||||||
16 | contractors and
medical providers, except for allegations | ||||||
17 | of violations of the State Officials and Employees Ethics | ||||||
18 | Act which shall be referred to the Office of the Governor's | ||||||
19 | Executive Inspector General for investigation.
| ||||||
20 | (2) Prepayment and post-payment audits of medical | ||||||
21 | providers related to ensuring that appropriate
payments | ||||||
22 | are made for services rendered and to the prevention and | ||||||
23 | recovery of overpayments.
| ||||||
24 | (3) Monitoring of quality assurance programs | ||||||
25 | administered by the Department of Healthcare and Family
|
| |||||||
| |||||||
1 | Services and the Community Care Program administered by the | ||||||
2 | Department on Aging .
| ||||||
3 | (4) Quality control measurements of the programs | ||||||
4 | administered by the
Department of Healthcare and Family | ||||||
5 | Services and the Community Care Program administered by the | ||||||
6 | Department on Aging .
| ||||||
7 | (5) Investigations of fraud or intentional program | ||||||
8 | violations committed by
clients of the Department of | ||||||
9 | Healthcare and Family Services and the Community Care | ||||||
10 | Program administered by the Department on Aging .
| ||||||
11 | (6) Actions initiated against contractors, vendors, or | ||||||
12 | medical providers for any of
the following reasons:
| ||||||
13 | (A) Violations of the medical assistance program | ||||||
14 | and the Community Care Program administered by the | ||||||
15 | Department on Aging .
| ||||||
16 | (B) Sanctions against providers brought in | ||||||
17 | conjunction with the
Department of Public Health or the | ||||||
18 | Department of Human Services (as successor
to the | ||||||
19 | Department of Mental Health and Developmental | ||||||
20 | Disabilities).
| ||||||
21 | (C) Recoveries of assessments against hospitals | ||||||
22 | and long-term care
facilities.
| ||||||
23 | (D) Sanctions mandated by the United States | ||||||
24 | Department of Health and
Human Services against | ||||||
25 | medical providers.
| ||||||
26 | (E) Violations of contracts related to any |
| |||||||
| |||||||
1 | programs administered by the Department of Healthcare
| ||||||
2 | and Family Services and the Community Care Program | ||||||
3 | administered by the Department on Aging .
| ||||||
4 | (7) Representation of the Department of Healthcare and | ||||||
5 | Family Services at
hearings with the Illinois Department of | ||||||
6 | Financial and Professional Regulation in actions
taken | ||||||
7 | against professional licenses held by persons who are in | ||||||
8 | violation of
orders for child support payments.
| ||||||
9 | (b-5) At the request of the Secretary of Human Services, | ||||||
10 | the Inspector
General shall, in relation to any function | ||||||
11 | performed by the Department of Human
Services as successor to | ||||||
12 | the Department of Public Aid, exercise one or more
of the | ||||||
13 | powers provided under this Section as if those powers related | ||||||
14 | to the
Department of Human Services; in such matters, the | ||||||
15 | Inspector General shall
report his or her findings to the | ||||||
16 | Secretary of Human Services.
| ||||||
17 | (c) Notwithstanding, and in addition to, any other
| ||||||
18 | provision of law, the Inspector General shall have access to | ||||||
19 | all information, personnel
and facilities of the
Department of | ||||||
20 | Healthcare and Family Services and the Department of
Human | ||||||
21 | Services (as successor to the Department of Public Aid), their | ||||||
22 | employees, vendors, contractors and medical providers and any | ||||||
23 | federal,
State or local governmental agency that are necessary | ||||||
24 | to perform the duties of
the Office as directly related to | ||||||
25 | public assistance programs administered by
those departments. | ||||||
26 | No medical provider shall
be compelled, however, to provide |
| |||||||
| |||||||
1 | individual medical records of patients who
are not clients of | ||||||
2 | the programs administered by the Department of Healthcare and
| ||||||
3 | Family Services. State and local
governmental agencies are | ||||||
4 | authorized and directed to provide the requested
information, | ||||||
5 | assistance or cooperation.
| ||||||
6 | For purposes of enhanced program integrity functions and
| ||||||
7 | oversight, and to the extent consistent with applicable
| ||||||
8 | information and privacy, security, and disclosure laws, State
| ||||||
9 | agencies and departments shall provide the Office of Inspector | ||||||
10 | General access to confidential and other information and data, | ||||||
11 | and the Inspector General is authorized to enter into | ||||||
12 | agreements with appropriate federal agencies and departments | ||||||
13 | to secure similar data. This includes, but is not limited to, | ||||||
14 | information pertaining to: licensure; certification; earnings; | ||||||
15 | immigration status; citizenship; wage reporting; unearned and | ||||||
16 | earned income; pension income;
employment; supplemental | ||||||
17 | security income; social security
numbers; National Provider | ||||||
18 | Identifier (NPI) numbers; the
National Practitioner Data Bank | ||||||
19 | (NPDB); program and agency
exclusions; taxpayer identification | ||||||
20 | numbers; tax delinquency;
corporate information; and death | ||||||
21 | records. | ||||||
22 | The Inspector General shall enter into agreements with | ||||||
23 | State agencies and departments, and is authorized to enter into | ||||||
24 | agreements with federal agencies and departments, under which | ||||||
25 | such agencies and departments shall share data necessary for | ||||||
26 | medical assistance program integrity functions and oversight. |
| |||||||
| |||||||
1 | The Inspector General shall enter into agreements with State | ||||||
2 | agencies and departments, and is authorized to enter into | ||||||
3 | agreements with federal agencies and departments, under which | ||||||
4 | such agencies shall share data necessary for recipient and | ||||||
5 | vendor screening, review, and investigation, including but not | ||||||
6 | limited to vendor payment and recipient eligibility | ||||||
7 | verification. The Inspector General shall develop, in | ||||||
8 | cooperation with other State and federal agencies and | ||||||
9 | departments, and in compliance with applicable federal laws and | ||||||
10 | regulations, appropriate and effective
methods to share such | ||||||
11 | data. The Inspector General shall enter into agreements with | ||||||
12 | State agencies and departments, and is authorized to enter into | ||||||
13 | agreements with federal agencies and departments, including, | ||||||
14 | but not limited to: the Secretary of State; the
Department of | ||||||
15 | Revenue; the Department of Public Health; the
Department of | ||||||
16 | Human Services; and the Department of Financial and | ||||||
17 | Professional Regulation. | ||||||
18 | The Inspector General shall have the authority to deny | ||||||
19 | payment, prevent overpayments, and recover overpayments. | ||||||
20 | The Inspector General shall have the authority to deny or
| ||||||
21 | suspend payment to, and deny, terminate, or suspend the
| ||||||
22 | eligibility of, any vendor who fails to grant the Inspector
| ||||||
23 | General timely access to full and complete records, including | ||||||
24 | records of recipients under the medical assistance program for | ||||||
25 | the most recent 6 years, in accordance with Section 140.28 of | ||||||
26 | Title 89 of the Illinois Administrative Code, and other |
| |||||||
| |||||||
1 | information for the purpose of audits, investigations, or other | ||||||
2 | program integrity functions, after reasonable written request | ||||||
3 | by the Inspector General. | ||||||
4 | (d) The Inspector General shall serve as the
Department of | ||||||
5 | Healthcare and Family Services'
primary liaison with law | ||||||
6 | enforcement,
investigatory and prosecutorial agencies, | ||||||
7 | including but not limited to the
following:
| ||||||
8 | (1) The Department of State Police.
| ||||||
9 | (2) The Federal Bureau of Investigation and other | ||||||
10 | federal law enforcement
agencies.
| ||||||
11 | (3) The various Inspectors General of federal agencies | ||||||
12 | overseeing the
programs administered by the
Department of | ||||||
13 | Healthcare and Family Services.
| ||||||
14 | (4) The various Inspectors General of any other State | ||||||
15 | agencies with
responsibilities for portions of programs | ||||||
16 | primarily administered by the
Department of Healthcare and | ||||||
17 | Family Services.
| ||||||
18 | (5) The Offices of the several United States Attorneys | ||||||
19 | in Illinois.
| ||||||
20 | (6) The several State's Attorneys.
| ||||||
21 | (7) The offices of the Centers for Medicare and | ||||||
22 | Medicaid Services that administer the Medicare and | ||||||
23 | Medicaid integrity programs. | ||||||
24 | The Inspector General shall meet on a regular basis with | ||||||
25 | these entities to
share information regarding possible | ||||||
26 | misconduct by any persons or entities
involved with the public |
| |||||||
| |||||||
1 | aid programs administered by the Department
of Healthcare and | ||||||
2 | Family Services.
| ||||||
3 | (e) All investigations conducted by the Inspector General | ||||||
4 | shall be conducted
in a manner that ensures the preservation of | ||||||
5 | evidence for use in criminal
prosecutions. If the Inspector | ||||||
6 | General determines that a possible criminal act
relating to | ||||||
7 | fraud in the provision or administration of the medical | ||||||
8 | assistance
program has been committed, the Inspector General | ||||||
9 | shall immediately notify the
Medicaid Fraud Control Unit. If | ||||||
10 | the Inspector General determines that a
possible criminal act | ||||||
11 | has been committed within the jurisdiction of the Office,
the | ||||||
12 | Inspector General may request the special expertise of the | ||||||
13 | Department of
State Police. The Inspector General may present | ||||||
14 | for prosecution the findings
of any criminal investigation to | ||||||
15 | the Office of the Attorney General, the
Offices of the several | ||||||
16 | United States Attorneys in Illinois or the several
State's | ||||||
17 | Attorneys.
| ||||||
18 | (f) To carry out his or her duties as described in this | ||||||
19 | Section, the
Inspector General and his or her designees shall | ||||||
20 | have the power to compel
by subpoena the attendance and | ||||||
21 | testimony of witnesses and the production
of books, electronic | ||||||
22 | records and papers as directly related to public
assistance | ||||||
23 | programs administered by the Department of Healthcare and | ||||||
24 | Family Services or
the Department of Human Services (as | ||||||
25 | successor to the Department of Public
Aid). No medical provider | ||||||
26 | shall be compelled, however, to provide individual
medical |
| |||||||
| |||||||
1 | records of patients who are not clients of the Medical | ||||||
2 | Assistance
Program.
| ||||||
3 | (g) The Inspector General shall report all convictions, | ||||||
4 | terminations, and
suspensions taken against vendors, | ||||||
5 | contractors and medical providers to the
Department of | ||||||
6 | Healthcare and Family Services and to any agency responsible | ||||||
7 | for
licensing or regulating those persons or entities.
| ||||||
8 | (h) The Inspector General shall make annual
reports, | ||||||
9 | findings, and recommendations regarding the Office's | ||||||
10 | investigations
into reports of fraud, waste, abuse, | ||||||
11 | mismanagement, or misconduct relating to
any programs | ||||||
12 | administered by the Department
of Healthcare and Family | ||||||
13 | Services or the Department of Human Services (as successor to | ||||||
14 | the
Department of Public Aid) to the General Assembly and the | ||||||
15 | Governor. These
reports shall include, but not be limited to, | ||||||
16 | the following information:
| ||||||
17 | (1) Aggregate provider billing and payment | ||||||
18 | information, including the
number of providers at various | ||||||
19 | Medicaid earning levels.
| ||||||
20 | (2) The number of audits of the medical assistance
| ||||||
21 | program and the dollar savings resulting from those audits.
| ||||||
22 | (3) The number of prescriptions rejected annually | ||||||
23 | under the
Department of Healthcare and Family Services' | ||||||
24 | Refill Too Soon program and the
dollar savings resulting | ||||||
25 | from that program.
| ||||||
26 | (4) Provider sanctions, in the aggregate, including |
| |||||||
| |||||||
1 | terminations and
suspensions.
| ||||||
2 | (5) A detailed summary of the investigations | ||||||
3 | undertaken in the previous
fiscal year. These summaries | ||||||
4 | shall comply with all laws and rules regarding
maintaining | ||||||
5 | confidentiality in the public aid programs.
| ||||||
6 | (i) Nothing in this Section shall limit investigations by | ||||||
7 | the
Department of Healthcare and Family Services or the | ||||||
8 | Department of Human Services that may
otherwise be required by | ||||||
9 | law or that may be necessary in their capacity as the
central | ||||||
10 | administrative authorities responsible for administration of | ||||||
11 | their agency's
programs in this
State.
| ||||||
12 | (j) The Inspector General may issue shields or other | ||||||
13 | distinctive identification to his or her employees not | ||||||
14 | exercising the powers of a peace officer if the Inspector | ||||||
15 | General determines that a shield or distinctive identification | ||||||
16 | is needed by an employee to carry out his or her | ||||||
17 | responsibilities. | ||||||
18 | (Source: P.A. 96-555, eff. 8-18-09; 96-1316, eff. 1-1-11; | ||||||
19 | 97-689, eff. 6-14-12.)
| ||||||
20 | (320 ILCS 50/15 rep.) | ||||||
21 | Section 20. The Senior Pharmaceutical Assistance Act is | ||||||
22 | amended by repealing Section 15.
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|