Sen. William R. Haine

Filed: 3/14/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1256

2    AMENDMENT NO. ______. Amend Senate Bill 1256 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Executive Order 1 (2012) Implementation Act.
 
6    Section 5. Effect. This Act, including all of the
7amendatory provisions of this Act, implements and supersedes
8Executive Order 1 (2012).
 
9    Section 10. Revocation of Executive Order 3 (2005). On the
10date 6 months after the effective date of this Act, Executive
11Order 3 (2005) is revoked and rescinded with the exception of
12Section I (renaming the Department of Public Aid as the
13Department of Healthcare and Family Services), which remains in
14effect.
 

 

 

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1    Section 15. Transfer back of State healthcare purchasing
2functions transferred by Executive Order 3 (2005).
3    (a) On the date 6 months after the effective date of this
4Act or as soon thereafter as practical, all of the powers,
5duties, rights, and responsibilities related to State
6healthcare purchasing that were transferred from the
7Department of Central Management Services, the Department of
8Corrections, the Department of Human Services, and the
9Department of Veterans' Affairs to the Department of Healthcare
10and Family Services by Executive Order 3 (2005) are transferred
11back to the Departments from which those powers, duties,
12rights, and responsibilities were transferred; however,
13powers, duties, rights, and responsibilities related to State
14healthcare purchasing that were exercised by the Department of
15Corrections before the effective date of Executive Order 3
16(2005) but that pertain to individuals resident in facilities
17operated by the Department of Juvenile Justice are transferred
18to the Department of Juvenile Justice.
19    (b) The functions associated with State healthcare
20purchasing that are transferred from the Department of
21Healthcare and Family Services under this Section include,
22without limitation, the following:
23        (1) Rate development and negotiation with hospitals,
24    physicians, and managed care providers.
25        (2) Health care procurement development.
26        (3) Contract implementation and fiscal monitoring.

 

 

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1        (4) Contract amendments.
2        (5) Payment processing.
3        (6) Purchasing aspects of health care plans
4    administered by the State on behalf of the following:
5            (A) State employees. These healthcare purchasing
6        functions include the following health care plans:
7        quality care health plan; managed care health plan;
8        vision plan; pharmacy benefits plan; dental plan;
9        behavioral health plan; employee assistance plan;
10        utilization management plan; and SHIPs and various
11        subrogation agreements. These healthcare purchasing
12        functions also include the purchasing and
13        administration of flu shots, hepatitis B vaccinations,
14        and tuberculosis tests.
15            (B) Persons other than State employees. These
16        healthcare purchasing functions include the following
17        health care plans: the retired teachers' health
18        insurance plan under the State Employees Group
19        Insurance Act of 1971; the local government health
20        insurance plan under the State Employees Group
21        Insurance Act of 1971; the community colleges health
22        insurance plan under the State Employees Group
23        Insurance Act of 1971; the active teacher prescription
24        program; and the Illinois Prescription Drug Discount
25        Program.
26            (C) Residents of State-operated facilities,

 

 

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1        including (i) correctional and youth facilities
2        operated by the Department of Corrections or the
3        Department of Juvenile Justice, (ii) mental health
4        centers and developmental centers operated by the
5        Department of Human Services, and (iii) veterans homes
6        operated by the Department of Veterans' Affairs.
7    (c) The powers, duties, rights, and responsibilities
8vested in or associated with State healthcare purchasing are
9not affected by this Act, except that all management and staff
10support or other resources necessary to the operation of a
11State healthcare purchasing function shall be provided by the
12Department to which that function is transferred under this
13Act.
 
14    Section 20. Representation on boards or other entities.
15When any provision of an Executive Order or Act provides for
16the membership of the Director of Healthcare and Family
17Services on any council, commission, board, or other entity
18that exercises any of the State healthcare purchasing functions
19transferred by this Act, the Director or Secretary of the
20Department to which the State healthcare purchasing function is
21transferred under this Act, or his or her designee, shall serve
22in the place of the Director of Healthcare and Family Services,
23but only with regard to the exercise of the function
24transferred under this Act. If more than one such person is
25required by law to serve on any council, commission, board, or

 

 

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1other entity, then an equivalent number of the representatives
2of the Department to which the applicable function is
3transferred under this Act shall so serve. In addition, any
4statutory mandate that provides for action on the part of the
5Director of Healthcare and Family Services relating to a State
6healthcare purchasing function transferred under this Act
7shall become the responsibility of the Director or Secretary of
8the Department to which that function is transferred under this
9Act.
 
10    Section 25. Personnel transferred.
11    (a) Personnel and positions within the Department of
12Healthcare and Family Services that are engaged in the
13performance of State healthcare purchasing functions
14transferred back to the Department of Central Management
15Services are transferred to and shall continue their service
16within the Department of Central Management Services. The
17status and rights of those employees under the Personnel Code
18are not affected by this Act.
19    (b) Personnel and positions of the Department of
20Corrections, the Department of Juvenile Justice, the
21Department of Human Services, and the Department of Veterans'
22Affairs were not in fact transferred under Executive Order 3
23(2005) and are not affected by this Act.
 
24    Section 30. Books and records transferred. All books,

 

 

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1records, papers, documents, property (real and personal),
2contracts, and pending business pertaining to the powers,
3duties, rights, and responsibilities related to any of the
4State healthcare purchasing functions transferred under this
5Act from the Department of Healthcare and Family Services to
6the Department of Central Management Services, the Department
7of Corrections, the Department of Juvenile Justice, the
8Department of Human Services, and the Department of Veterans'
9Affairs, including, but not limited to, material in electronic
10or magnetic format and necessary computer hardware and
11software, shall be delivered to the Department to which that
12State healthcare purchasing function is transferred under this
13Act, provided that the delivery of that information may not
14violate any applicable confidentiality constraints. The access
15by personnel of the Department of Central Management Services,
16the Department of Corrections, the Department of Juvenile
17Justice, the Department of Human Services, and the Department
18of Veterans' Affairs to databases and electronic health
19information that are currently maintained by the Department of
20Healthcare and Family Services and that contain data and
21information necessary to the performance of the State
22healthcare purchasing functions shall continue in the same
23manner and level of access as before the effective date of
24Executive Order 1 (2012). Staff of the Department of Central
25Management Services, the Department of Corrections, the
26Department of Juvenile Justice, the Department of Human

 

 

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1Services, and the Department of Veterans' Affairs may work with
2staff of the Department of Healthcare and Family Services to
3add new information relevant to State healthcare purchasing
4functions.
 
5    Section 35. Unexpended moneys transferred.
6    (a) With respect to the State healthcare purchasing
7functions transferred under this Act, the Department of Central
8Management Services is the successor agency to the Department
9of Healthcare and Family Services under the Successor Agency
10Act and Section 9b of the State Finance Act. All unexpended
11appropriations and balances and other moneys available for use
12in connection with any of the State healthcare purchasing
13functions transferred from the Department of Healthcare and
14Family Services to the Department of Central Management
15Services are transferred for use by the Department of Central
16Management Services for the exercise of those functions
17pursuant to the direction of the Governor. Unexpended balances
18so transferred shall be expended only for the purpose for which
19the appropriations were originally made.
20    (b) Appropriations of the Department of Corrections, the
21Department of Juvenile Justice, the Department of Human
22Services, and the Department of Veterans' Affairs were not in
23fact transferred under Executive Order 3 (2005) and are not
24affected by this Act.
 

 

 

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1    Section 40. Exercise of transferred powers; savings
2provisions. The powers, duties, rights, and responsibilities
3related to the State healthcare purchasing functions
4transferred under this Act are vested in and shall be exercised
5by the Department to which the applicable function is
6transferred. Each act done in the exercise of those powers,
7duties, rights, and responsibilities shall have the same legal
8effect as if done by the Department of Healthcare and Family
9Services or its divisions, officers, or employees.
 
10    Section 45. Rules.
11    (a) Any rules that (i) relate to the Illinois Prescription
12Drug Discount Program or to any other State healthcare
13purchasing function or program transferred to the Department of
14Central Management Services by this Act, (ii) are in full force
15on the effective date of Executive Order 1 (2012), and (iii)
16have been duly adopted by the Department of Healthcare and
17Family Services shall become the rules of the Department of
18Central Management Services. This Act shall not affect the
19legality of any such rules in the Illinois Administrative Code.
20    (b) Any proposed rule filed with the Secretary of State by
21the Department of Healthcare and Family Services that pertains
22to the Illinois Prescription Drug Discount Program, or to any
23other State healthcare purchasing function or program
24transferred to the Department of Central Management Services by
25this Act, and that is pending in the rulemaking process on the

 

 

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1effective date of Executive Order 1 (2012) shall be deemed to
2have been filed by the Department of Central Management
3Services.
4    (c) On and after the effective date of Executive Order 1
5(2012), the Department of Central Management Services may
6propose and adopt, under the Illinois Administrative Procedure
7Act, other rules that relate to the Illinois Prescription Drug
8Discount Program, or to any other State healthcare purchasing
9function or program transferred to the Department of Central
10Management Services by this Act.
 
11    Section 50. Rights, obligations, and duties unaffected by
12transfer. The transfer of powers, duties, rights, and
13responsibilities from the Department of Healthcare and Family
14Services under this Act does not affect any person's rights,
15obligations, or duties, including any civil or criminal
16penalties applicable thereto, arising out of those transferred
17powers, duties, rights, and responsibilities.
 
18    Section 55. Agency officers; penalties. Every officer of
19the Department of Central Management Services, the Department
20of Corrections, the Department of Juvenile Justice, the
21Department of Human Services, and the Department of Veterans'
22Affairs is, for any offense, subject to the same penalty or
23penalties, civil or criminal, as are prescribed by existing law
24for the same offense by any officer whose powers or duties are

 

 

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1transferred under this Act.
 
2    Section 60. Reports, notices, or papers. Whenever reports
3or notices are required to be made or given or papers or
4documents furnished or served by any person to or upon the
5Department of Healthcare and Family Services in connection with
6any State healthcare purchasing function transferred under
7this Act, the same shall be made, given, furnished, or served
8in the same manner to or upon the Department to which that
9State healthcare purchasing function is transferred.
 
10    Section 65. Interagency agreements. To the extent
11necessary or prudent to fully implement the intent of this Act,
12the Department of Central Management Services, the Department
13of Corrections, the Department of Human Services, the
14Department of Juvenile Justice, the Department of Veterans'
15Affairs, and the Department of Healthcare and Family Services
16may enter into one or more interagency agreements to ensure the
17full and appropriate transfer of all State healthcare
18purchasing functions transferred from the Department of
19Healthcare and Family Services under this Act.
 
20    Section 70. Acts and actions unaffected by transfer. This
21Act does not affect any act done, ratified, or canceled, or any
22right occurring or established, before the effective date of
23Executive Order 1 (2012), in connection with any State

 

 

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1healthcare purchasing function transferred under this Act.
2This Act does not affect any action or proceeding had or
3commenced before the effective date of Executive Order 1 (2012)
4in an administrative, civil, or criminal cause regarding a
5State healthcare purchasing function transferred from the
6Department of Healthcare and Family Services under this Act,
7but any such action or proceeding may be defended, prosecuted,
8or continued by the Department to which the applicable State
9healthcare purchasing function is transferred.
 
10    Section 900. The State Employees Group Insurance Act of
111971 is amended by adding Section 2.5 and changing Sections 3,
126.5, 6.10, 10, and 13.1 as follows:
 
13    (5 ILCS 375/2.5 new)
14    Sec. 2.5. State healthcare purchasing. On and after the
15date 6 months after the effective date of this amendatory Act
16of the 98th General Assembly, as provided in the Executive
17Order 1 (2012) Implementation Act, all of the powers, duties,
18rights, and responsibilities related to State healthcare
19purchasing under this Act that were transferred from the
20Department of Central Management Services to the Department of
21Healthcare and Family Services by Executive Order 3 (2005) are
22transferred back to the Department.
 
23    (5 ILCS 375/3)  (from Ch. 127, par. 523)

 

 

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1    Sec. 3. Definitions. Unless the context otherwise
2requires, the following words and phrases as used in this Act
3shall have the following meanings. The Department may define
4these and other words and phrases separately for the purpose of
5implementing specific programs providing benefits under this
6Act.
7    (a) "Administrative service organization" means any
8person, firm or corporation experienced in the handling of
9claims which is fully qualified, financially sound and capable
10of meeting the service requirements of a contract of
11administration executed with the Department.
12    (b) "Annuitant" means (1) an employee who retires, or has
13retired, on or after January 1, 1966 on an immediate annuity
14under the provisions of Articles 2, 14 (including an employee
15who has elected to receive an alternative retirement
16cancellation payment under Section 14-108.5 of the Illinois
17Pension Code in lieu of an annuity), 15 (including an employee
18who has retired under the optional retirement program
19established under Section 15-158.2), paragraphs (2), (3), or
20(5) of Section 16-106, or Article 18 of the Illinois Pension
21Code; (2) any person who was receiving group insurance coverage
22under this Act as of March 31, 1978 by reason of his status as
23an annuitant, even though the annuity in relation to which such
24coverage was provided is a proportional annuity based on less
25than the minimum period of service required for a retirement
26annuity in the system involved; (3) any person not otherwise

 

 

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1covered by this Act who has retired as a participating member
2under Article 2 of the Illinois Pension Code but is ineligible
3for the retirement annuity under Section 2-119 of the Illinois
4Pension Code; (4) the spouse of any person who is receiving a
5retirement annuity under Article 18 of the Illinois Pension
6Code and who is covered under a group health insurance program
7sponsored by a governmental employer other than the State of
8Illinois and who has irrevocably elected to waive his or her
9coverage under this Act and to have his or her spouse
10considered as the "annuitant" under this Act and not as a
11"dependent"; or (5) an employee who retires, or has retired,
12from a qualified position, as determined according to rules
13promulgated by the Director, under a qualified local
14government, a qualified rehabilitation facility, a qualified
15domestic violence shelter or service, or a qualified child
16advocacy center. (For definition of "retired employee", see (p)
17post).
18    (b-5) (Blank).
19    (b-6) (Blank).
20    (b-7) (Blank).
21    (c) "Carrier" means (1) an insurance company, a corporation
22organized under the Limited Health Service Organization Act or
23the Voluntary Health Services Plan Act, a partnership, or other
24nongovernmental organization, which is authorized to do group
25life or group health insurance business in Illinois, or (2) the
26State of Illinois as a self-insurer.

 

 

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1    (d) "Compensation" means salary or wages payable on a
2regular payroll by the State Treasurer on a warrant of the
3State Comptroller out of any State, trust or federal fund, or
4by the Governor of the State through a disbursing officer of
5the State out of a trust or out of federal funds, or by any
6Department out of State, trust, federal or other funds held by
7the State Treasurer or the Department, to any person for
8personal services currently performed, and ordinary or
9accidental disability benefits under Articles 2, 14, 15
10(including ordinary or accidental disability benefits under
11the optional retirement program established under Section
1215-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
13Article 18 of the Illinois Pension Code, for disability
14incurred after January 1, 1966, or benefits payable under the
15Workers' Compensation or Occupational Diseases Act or benefits
16payable under a sick pay plan established in accordance with
17Section 36 of the State Finance Act. "Compensation" also means
18salary or wages paid to an employee of any qualified local
19government, qualified rehabilitation facility, qualified
20domestic violence shelter or service, or qualified child
21advocacy center.
22    (e) "Commission" means the State Employees Group Insurance
23Advisory Commission authorized by this Act. Commencing July 1,
241984, "Commission" as used in this Act means the Commission on
25Government Forecasting and Accountability as established by
26the Legislative Commission Reorganization Act of 1984.

 

 

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1    (f) "Contributory", when referred to as contributory
2coverage, shall mean optional coverages or benefits elected by
3the member toward the cost of which such member makes
4contribution, or which are funded in whole or in part through
5the acceptance of a reduction in earnings or the foregoing of
6an increase in earnings by an employee, as distinguished from
7noncontributory coverage or benefits which are paid entirely by
8the State of Illinois without reduction of the member's salary.
9    (g) "Department" means any department, institution, board,
10commission, officer, court or any agency of the State
11government receiving appropriations and having power to
12certify payrolls to the Comptroller authorizing payments of
13salary and wages against such appropriations as are made by the
14General Assembly from any State fund, or against trust funds
15held by the State Treasurer and includes boards of trustees of
16the retirement systems created by Articles 2, 14, 15, 16 and 18
17of the Illinois Pension Code. "Department" also includes the
18Illinois Comprehensive Health Insurance Board, the Board of
19Examiners established under the Illinois Public Accounting
20Act, and the Illinois Finance Authority.
21    (h) "Dependent", when the term is used in the context of
22the health and life plan, means a member's spouse and any child
23(1) from birth to age 26 including an adopted child, a child
24who lives with the member from the time of the filing of a
25petition for adoption until entry of an order of adoption, a
26stepchild or adjudicated child, or a child who lives with the

 

 

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1member if such member is a court appointed guardian of the
2child or (2) age 19 or over who is mentally or physically
3disabled from a cause originating prior to the age of 19 (age
426 if enrolled as an adult child dependent). For the health
5plan only, the term "dependent" also includes (1) any person
6enrolled prior to the effective date of this Section who is
7dependent upon the member to the extent that the member may
8claim such person as a dependent for income tax deduction
9purposes and (2) any person who has received after June 30,
102000 an organ transplant and who is financially dependent upon
11the member and eligible to be claimed as a dependent for income
12tax purposes. A member requesting to cover any dependent must
13provide documentation as requested by the Department of Central
14Management Services and file with the Department any and all
15forms required by the Department.
16    (i) "Director" means the Director of the Illinois
17Department of Central Management Services or of any successor
18agency designated to administer this Act.
19    (j) "Eligibility period" means the period of time a member
20has to elect enrollment in programs or to select benefits
21without regard to age, sex or health.
22    (k) "Employee" means and includes each officer or employee
23in the service of a department who (1) receives his
24compensation for service rendered to the department on a
25warrant issued pursuant to a payroll certified by a department
26or on a warrant or check issued and drawn by a department upon

 

 

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1a trust, federal or other fund or on a warrant issued pursuant
2to a payroll certified by an elected or duly appointed officer
3of the State or who receives payment of the performance of
4personal services on a warrant issued pursuant to a payroll
5certified by a Department and drawn by the Comptroller upon the
6State Treasurer against appropriations made by the General
7Assembly from any fund or against trust funds held by the State
8Treasurer, and (2) is employed full-time or part-time in a
9position normally requiring actual performance of duty during
10not less than 1/2 of a normal work period, as established by
11the Director in cooperation with each department, except that
12persons elected by popular vote will be considered employees
13during the entire term for which they are elected regardless of
14hours devoted to the service of the State, and (3) except that
15"employee" does not include any person who is not eligible by
16reason of such person's employment to participate in one of the
17State retirement systems under Articles 2, 14, 15 (either the
18regular Article 15 system or the optional retirement program
19established under Section 15-158.2) or 18, or under paragraph
20(2), (3), or (5) of Section 16-106, of the Illinois Pension
21Code, but such term does include persons who are employed
22during the 6 month qualifying period under Article 14 of the
23Illinois Pension Code. Such term also includes any person who
24(1) after January 1, 1966, is receiving ordinary or accidental
25disability benefits under Articles 2, 14, 15 (including
26ordinary or accidental disability benefits under the optional

 

 

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1retirement program established under Section 15-158.2),
2paragraphs (2), (3), or (5) of Section 16-106, or Article 18 of
3the Illinois Pension Code, for disability incurred after
4January 1, 1966, (2) receives total permanent or total
5temporary disability under the Workers' Compensation Act or
6Occupational Disease Act as a result of injuries sustained or
7illness contracted in the course of employment with the State
8of Illinois, or (3) is not otherwise covered under this Act and
9has retired as a participating member under Article 2 of the
10Illinois Pension Code but is ineligible for the retirement
11annuity under Section 2-119 of the Illinois Pension Code.
12However, a person who satisfies the criteria of the foregoing
13definition of "employee" except that such person is made
14ineligible to participate in the State Universities Retirement
15System by clause (4) of subsection (a) of Section 15-107 of the
16Illinois Pension Code is also an "employee" for the purposes of
17this Act. "Employee" also includes any person receiving or
18eligible for benefits under a sick pay plan established in
19accordance with Section 36 of the State Finance Act. "Employee"
20also includes (i) each officer or employee in the service of a
21qualified local government, including persons appointed as
22trustees of sanitary districts regardless of hours devoted to
23the service of the sanitary district, (ii) each employee in the
24service of a qualified rehabilitation facility, (iii) each
25full-time employee in the service of a qualified domestic
26violence shelter or service, and (iv) each full-time employee

 

 

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1in the service of a qualified child advocacy center, as
2determined according to rules promulgated by the Director.
3    (l) "Member" means an employee, annuitant, retired
4employee or survivor. In the case of an annuitant or retired
5employee who first becomes an annuitant or retired employee on
6or after the effective date of this amendatory Act of the 97th
7General Assembly, the individual must meet the minimum vesting
8requirements of the applicable retirement system in order to be
9eligible for group insurance benefits under that system. In the
10case of a survivor who first becomes a survivor on or after the
11effective date of this amendatory Act of the 97th General
12Assembly, the deceased employee, annuitant, or retired
13employee upon whom the annuity is based must have been eligible
14to participate in the group insurance system under the
15applicable retirement system in order for the survivor to be
16eligible for group insurance benefits under that system.
17    (m) "Optional coverages or benefits" means those coverages
18or benefits available to the member on his or her voluntary
19election, and at his or her own expense.
20    (n) "Program" means the group life insurance, health
21benefits and other employee benefits designed and contracted
22for by the Director under this Act.
23    (o) "Health plan" means a health benefits program offered
24by the State of Illinois for persons eligible for the plan.
25    (p) "Retired employee" means any person who would be an
26annuitant as that term is defined herein but for the fact that

 

 

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1such person retired prior to January 1, 1966. Such term also
2includes any person formerly employed by the University of
3Illinois in the Cooperative Extension Service who would be an
4annuitant but for the fact that such person was made ineligible
5to participate in the State Universities Retirement System by
6clause (4) of subsection (a) of Section 15-107 of the Illinois
7Pension Code.
8    (q) "Survivor" means a person receiving an annuity as a
9survivor of an employee or of an annuitant. "Survivor" also
10includes: (1) the surviving dependent of a person who satisfies
11the definition of "employee" except that such person is made
12ineligible to participate in the State Universities Retirement
13System by clause (4) of subsection (a) of Section 15-107 of the
14Illinois Pension Code; (2) the surviving dependent of any
15person formerly employed by the University of Illinois in the
16Cooperative Extension Service who would be an annuitant except
17for the fact that such person was made ineligible to
18participate in the State Universities Retirement System by
19clause (4) of subsection (a) of Section 15-107 of the Illinois
20Pension Code; and (3) the surviving dependent of a person who
21was an annuitant under this Act by virtue of receiving an
22alternative retirement cancellation payment under Section
2314-108.5 of the Illinois Pension Code.
24    (q-2) "SERS" means the State Employees' Retirement System
25of Illinois, created under Article 14 of the Illinois Pension
26Code.

 

 

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1    (q-3) "SURS" means the State Universities Retirement
2System, created under Article 15 of the Illinois Pension Code.
3    (q-4) "TRS" means the Teachers' Retirement System of the
4State of Illinois, created under Article 16 of the Illinois
5Pension Code.
6    (q-5) (Blank).
7    (q-6) (Blank).
8    (q-7) (Blank).
9    (r) "Medical services" means the services provided within
10the scope of their licenses by practitioners in all categories
11licensed under the Medical Practice Act of 1987.
12    (s) "Unit of local government" means any county,
13municipality, township, school district (including a
14combination of school districts under the Intergovernmental
15Cooperation Act), special district or other unit, designated as
16a unit of local government by law, which exercises limited
17governmental powers or powers in respect to limited
18governmental subjects, any not-for-profit association with a
19membership that primarily includes townships and township
20officials, that has duties that include provision of research
21service, dissemination of information, and other acts for the
22purpose of improving township government, and that is funded
23wholly or partly in accordance with Section 85-15 of the
24Township Code; any not-for-profit corporation or association,
25with a membership consisting primarily of municipalities, that
26operates its own utility system, and provides research,

 

 

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1training, dissemination of information, or other acts to
2promote cooperation between and among municipalities that
3provide utility services and for the advancement of the goals
4and purposes of its membership; the Southern Illinois
5Collegiate Common Market, which is a consortium of higher
6education institutions in Southern Illinois; the Illinois
7Association of Park Districts; and any hospital provider that
8is owned by a county that has 100 or fewer hospital beds and
9has not already joined the program. "Qualified local
10government" means a unit of local government approved by the
11Director and participating in a program created under
12subsection (i) of Section 10 of this Act.
13    (t) "Qualified rehabilitation facility" means any
14not-for-profit organization that is accredited by the
15Commission on Accreditation of Rehabilitation Facilities or
16certified by the Department of Human Services (as successor to
17the Department of Mental Health and Developmental
18Disabilities) to provide services to persons with disabilities
19and which receives funds from the State of Illinois for
20providing those services, approved by the Director and
21participating in a program created under subsection (j) of
22Section 10 of this Act.
23    (u) "Qualified domestic violence shelter or service" means
24any Illinois domestic violence shelter or service and its
25administrative offices funded by the Department of Human
26Services (as successor to the Illinois Department of Public

 

 

09800SB1256sam001- 23 -LRB098 06209 KTG 42309 a

1Aid), approved by the Director and participating in a program
2created under subsection (k) of Section 10.
3    (v) "TRS benefit recipient" means a person who:
4        (1) is not a "member" as defined in this Section; and
5        (2) is receiving a monthly benefit or retirement
6    annuity under Article 16 of the Illinois Pension Code; and
7        (3) either (i) has at least 8 years of creditable
8    service under Article 16 of the Illinois Pension Code, or
9    (ii) was enrolled in the health insurance program offered
10    under that Article on January 1, 1996, or (iii) is the
11    survivor of a benefit recipient who had at least 8 years of
12    creditable service under Article 16 of the Illinois Pension
13    Code or was enrolled in the health insurance program
14    offered under that Article on the effective date of this
15    amendatory Act of 1995, or (iv) is a recipient or survivor
16    of a recipient of a disability benefit under Article 16 of
17    the Illinois Pension Code.
18    (w) "TRS dependent beneficiary" means a person who:
19        (1) is not a "member" or "dependent" as defined in this
20    Section; and
21        (2) is a TRS benefit recipient's: (A) spouse, (B)
22    dependent parent who is receiving at least half of his or
23    her support from the TRS benefit recipient, or (C) natural,
24    step, adjudicated, or adopted child who is (i) under age
25    26, (ii) was, on January 1, 1996, participating as a
26    dependent beneficiary in the health insurance program

 

 

09800SB1256sam001- 24 -LRB098 06209 KTG 42309 a

1    offered under Article 16 of the Illinois Pension Code, or
2    (iii) age 19 or over who is mentally or physically disabled
3    from a cause originating prior to the age of 19 (age 26 if
4    enrolled as an adult child).
5    "TRS dependent beneficiary" does not include, as indicated
6under paragraph (2) of this subsection (w), a dependent of the
7survivor of a TRS benefit recipient who first becomes a
8dependent of a survivor of a TRS benefit recipient on or after
9the effective date of this amendatory Act of the 97th General
10Assembly unless that dependent would have been eligible for
11coverage as a dependent of the deceased TRS benefit recipient
12upon whom the survivor benefit is based.
13    (x) "Military leave" refers to individuals in basic
14training for reserves, special/advanced training, annual
15training, emergency call up, activation by the President of the
16United States, or any other training or duty in service to the
17United States Armed Forces.
18    (y) (Blank).
19    (z) "Community college benefit recipient" means a person
20who:
21        (1) is not a "member" as defined in this Section; and
22        (2) is receiving a monthly survivor's annuity or
23    retirement annuity under Article 15 of the Illinois Pension
24    Code; and
25        (3) either (i) was a full-time employee of a community
26    college district or an association of community college

 

 

09800SB1256sam001- 25 -LRB098 06209 KTG 42309 a

1    boards created under the Public Community College Act
2    (other than an employee whose last employer under Article
3    15 of the Illinois Pension Code was a community college
4    district subject to Article VII of the Public Community
5    College Act) and was eligible to participate in a group
6    health benefit plan as an employee during the time of
7    employment with a community college district (other than a
8    community college district subject to Article VII of the
9    Public Community College Act) or an association of
10    community college boards, or (ii) is the survivor of a
11    person described in item (i).
12    (aa) "Community college dependent beneficiary" means a
13person who:
14        (1) is not a "member" or "dependent" as defined in this
15    Section; and
16        (2) is a community college benefit recipient's: (A)
17    spouse, (B) dependent parent who is receiving at least half
18    of his or her support from the community college benefit
19    recipient, or (C) natural, step, adjudicated, or adopted
20    child who is (i) under age 26, or (ii) age 19 or over and
21    mentally or physically disabled from a cause originating
22    prior to the age of 19 (age 26 if enrolled as an adult
23    child).
24    "Community college dependent beneficiary" does not
25include, as indicated under paragraph (2) of this subsection
26(aa), a dependent of the survivor of a community college

 

 

09800SB1256sam001- 26 -LRB098 06209 KTG 42309 a

1benefit recipient who first becomes a dependent of a survivor
2of a community college benefit recipient on or after the
3effective date of this amendatory Act of the 97th General
4Assembly unless that dependent would have been eligible for
5coverage as a dependent of the deceased community college
6benefit recipient upon whom the survivor annuity is based.
7    (bb) "Qualified child advocacy center" means any Illinois
8child advocacy center and its administrative offices funded by
9the Department of Children and Family Services, as defined by
10the Children's Advocacy Center Act (55 ILCS 80/), approved by
11the Director and participating in a program created under
12subsection (n) of Section 10.
13(Source: P.A. 96-756, eff. 1-1-10; 96-1519, eff. 2-4-11;
1497-668, eff. 1-13-12; 97-695, eff. 7-1-12.)
 
15    (5 ILCS 375/6.5)
16    Sec. 6.5. Health benefits for TRS benefit recipients and
17TRS dependent beneficiaries.
18    (a) Purpose. It is the purpose of this amendatory Act of
191995 to transfer the administration of the program of health
20benefits established for benefit recipients and their
21dependent beneficiaries under Article 16 of the Illinois
22Pension Code to the Department of Central Management Services.
23    (b) Transition provisions. The Board of Trustees of the
24Teachers' Retirement System shall continue to administer the
25health benefit program established under Article 16 of the

 

 

09800SB1256sam001- 27 -LRB098 06209 KTG 42309 a

1Illinois Pension Code through December 31, 1995. Beginning
2January 1, 1996, the Department of Central Management Services
3shall be responsible for administering a program of health
4benefits for TRS benefit recipients and TRS dependent
5beneficiaries under this Section. The Department of Central
6Management Services and the Teachers' Retirement System shall
7cooperate in this endeavor and shall coordinate their
8activities so as to ensure a smooth transition and
9uninterrupted health benefit coverage.
10    (c) Eligibility. All persons who were enrolled in the
11Article 16 program at the time of the transfer shall be
12eligible to participate in the program established under this
13Section without any interruption or delay in coverage or
14limitation as to pre-existing medical conditions. Eligibility
15to participate shall be determined by the Teachers' Retirement
16System. Eligibility information shall be communicated to the
17Department of Central Management Services in a format
18acceptable to the Department.
19    A TRS dependent beneficiary who is a child age 19 or over
20and mentally or physically disabled does not become ineligible
21to participate by reason of (i) becoming ineligible to be
22claimed as a dependent for Illinois or federal income tax
23purposes or (ii) receiving earned income, so long as those
24earnings are insufficient for the child to be fully
25self-sufficient.
26    (d) Coverage. The level of health benefits provided under

 

 

09800SB1256sam001- 28 -LRB098 06209 KTG 42309 a

1this Section shall be similar to the level of benefits provided
2by the program previously established under Article 16 of the
3Illinois Pension Code.
4    Group life insurance benefits are not included in the
5benefits to be provided to TRS benefit recipients and TRS
6dependent beneficiaries under this Act.
7    The program of health benefits under this Section may
8include any or all of the benefit limitations, including but
9not limited to a reduction in benefits based on eligibility for
10federal medicare benefits, that are provided under subsection
11(a) of Section 6 of this Act for other health benefit programs
12under this Act.
13    (e) Insurance rates and premiums. The Director shall
14determine the insurance rates and premiums for TRS benefit
15recipients and TRS dependent beneficiaries, and shall present
16to the Teachers' Retirement System of the State of Illinois, by
17April 15 of each calendar year, the rate-setting methodology
18(including but not limited to utilization levels and costs)
19used to determine the amount of the health care premiums.
20        For Fiscal Year 1996, the premium shall be equal to the
21    premium actually charged in Fiscal Year 1995; in subsequent
22    years, the premium shall never be lower than the premium
23    charged in Fiscal Year 1995.
24        For Fiscal Year 2003, the premium shall not exceed 110%
25    of the premium actually charged in Fiscal Year 2002.
26        For Fiscal Year 2004, the premium shall not exceed 112%

 

 

09800SB1256sam001- 29 -LRB098 06209 KTG 42309 a

1    of the premium actually charged in Fiscal Year 2003.
2        For Fiscal Year 2005, the premium shall not exceed a
3    weighted average of 106.6% of the premium actually charged
4    in Fiscal Year 2004.
5        For Fiscal Year 2006, the premium shall not exceed a
6    weighted average of 109.1% of the premium actually charged
7    in Fiscal Year 2005.
8        For Fiscal Year 2007, the premium shall not exceed a
9    weighted average of 103.9% of the premium actually charged
10    in Fiscal Year 2006.
11        For Fiscal Year 2008 and thereafter, the premium in
12    each fiscal year shall not exceed 105% of the premium
13    actually charged in the previous fiscal year.
14    Rates and premiums may be based in part on age and
15eligibility for federal medicare coverage. However, the cost of
16participation for a TRS dependent beneficiary who is an
17unmarried child age 19 or over and mentally or physically
18disabled shall not exceed the cost for a TRS dependent
19beneficiary who is an unmarried child under age 19 and
20participates in the same major medical or managed care program.
21    The cost of health benefits under the program shall be paid
22as follows:
23        (1) For a TRS benefit recipient selecting a managed
24    care program, up to 75% of the total insurance rate shall
25    be paid from the Teacher Health Insurance Security Fund.
26    Effective with Fiscal Year 2007 and thereafter, for a TRS

 

 

09800SB1256sam001- 30 -LRB098 06209 KTG 42309 a

1    benefit recipient selecting a managed care program, 75% of
2    the total insurance rate shall be paid from the Teacher
3    Health Insurance Security Fund.
4        (2) For a TRS benefit recipient selecting the major
5    medical coverage program, up to 50% of the total insurance
6    rate shall be paid from the Teacher Health Insurance
7    Security Fund if a managed care program is accessible, as
8    determined by the Teachers' Retirement System. Effective
9    with Fiscal Year 2007 and thereafter, for a TRS benefit
10    recipient selecting the major medical coverage program,
11    50% of the total insurance rate shall be paid from the
12    Teacher Health Insurance Security Fund if a managed care
13    program is accessible, as determined by the Department of
14    Central Management Services.
15        (3) For a TRS benefit recipient selecting the major
16    medical coverage program, up to 75% of the total insurance
17    rate shall be paid from the Teacher Health Insurance
18    Security Fund if a managed care program is not accessible,
19    as determined by the Teachers' Retirement System.
20    Effective with Fiscal Year 2007 and thereafter, for a TRS
21    benefit recipient selecting the major medical coverage
22    program, 75% of the total insurance rate shall be paid from
23    the Teacher Health Insurance Security Fund if a managed
24    care program is not accessible, as determined by the
25    Department of Central Management Services.
26        (3.1) For a TRS dependent beneficiary who is Medicare

 

 

09800SB1256sam001- 31 -LRB098 06209 KTG 42309 a

1    primary and enrolled in a managed care plan, or the major
2    medical coverage program if a managed care plan is not
3    available, 25% of the total insurance rate shall be paid
4    from the Teacher Health Security Fund as determined by the
5    Department of Central Management Services. For the purpose
6    of this item (3.1), the term "TRS dependent beneficiary who
7    is Medicare primary" means a TRS dependent beneficiary who
8    is participating in Medicare Parts A and B.
9        (4) Except as otherwise provided in item (3.1), the
10    balance of the rate of insurance, including the entire
11    premium of any coverage for TRS dependent beneficiaries
12    that has been elected, shall be paid by deductions
13    authorized by the TRS benefit recipient to be withheld from
14    his or her monthly annuity or benefit payment from the
15    Teachers' Retirement System; except that (i) if the balance
16    of the cost of coverage exceeds the amount of the monthly
17    annuity or benefit payment, the difference shall be paid
18    directly to the Teachers' Retirement System by the TRS
19    benefit recipient, and (ii) all or part of the balance of
20    the cost of coverage may, at the school board's option, be
21    paid to the Teachers' Retirement System by the school board
22    of the school district from which the TRS benefit recipient
23    retired, in accordance with Section 10-22.3b of the School
24    Code. The Teachers' Retirement System shall promptly
25    deposit all moneys withheld by or paid to it under this
26    subdivision (e)(4) into the Teacher Health Insurance

 

 

09800SB1256sam001- 32 -LRB098 06209 KTG 42309 a

1    Security Fund. These moneys shall not be considered assets
2    of the Retirement System.
3    (f) Financing. Beginning July 1, 1995, all revenues arising
4from the administration of the health benefit programs
5established under Article 16 of the Illinois Pension Code or
6this Section shall be deposited into the Teacher Health
7Insurance Security Fund, which is hereby created as a
8nonappropriated trust fund to be held outside the State
9Treasury, with the State Treasurer as custodian. Any interest
10earned on moneys in the Teacher Health Insurance Security Fund
11shall be deposited into the Fund.
12    Moneys in the Teacher Health Insurance Security Fund shall
13be used only to pay the costs of the health benefit program
14established under this Section, including associated
15administrative costs, and the costs associated with the health
16benefit program established under Article 16 of the Illinois
17Pension Code, as authorized in this Section. Beginning July 1,
181995, the Department of Central Management Services may make
19expenditures from the Teacher Health Insurance Security Fund
20for those costs.
21    After other funds authorized for the payment of the costs
22of the health benefit program established under Article 16 of
23the Illinois Pension Code are exhausted and until January 1,
241996 (or such later date as may be agreed upon by the Director
25of Central Management Services and the Secretary of the
26Teachers' Retirement System), the Secretary of the Teachers'

 

 

09800SB1256sam001- 33 -LRB098 06209 KTG 42309 a

1Retirement System may make expenditures from the Teacher Health
2Insurance Security Fund as necessary to pay up to 75% of the
3cost of providing health coverage to eligible benefit
4recipients (as defined in Sections 16-153.1 and 16-153.3 of the
5Illinois Pension Code) who are enrolled in the Article 16
6health benefit program and to facilitate the transfer of
7administration of the health benefit program to the Department
8of Central Management Services.
9    The Department of Central Management Healthcare and Family
10Services, or any successor agency designated to procure
11healthcare contracts pursuant to this Act, is authorized to
12establish funds, separate accounts provided by any bank or
13banks as defined by the Illinois Banking Act, or separate
14accounts provided by any savings and loan association or
15associations as defined by the Illinois Savings and Loan Act of
161985 to be held by the Director, outside the State treasury,
17for the purpose of receiving the transfer of moneys from the
18Teacher Health Insurance Security Fund. The Department may
19promulgate rules further defining the methodology for the
20transfers. Any interest earned by moneys in the funds or
21accounts shall inure to the Teacher Health Insurance Security
22Fund. The transferred moneys, and interest accrued thereon,
23shall be used exclusively for transfers to administrative
24service organizations or their financial institutions for
25payments of claims to claimants and providers under the
26self-insurance health plan. The transferred moneys, and

 

 

09800SB1256sam001- 34 -LRB098 06209 KTG 42309 a

1interest accrued thereon, shall not be used for any other
2purpose including, but not limited to, reimbursement of
3administration fees due the administrative service
4organization pursuant to its contract or contracts with the
5Department.
6    (g) Contract for benefits. The Director shall by contract,
7self-insurance, or otherwise make available the program of
8health benefits for TRS benefit recipients and their TRS
9dependent beneficiaries that is provided for in this Section.
10The contract or other arrangement for the provision of these
11health benefits shall be on terms deemed by the Director to be
12in the best interest of the State of Illinois and the TRS
13benefit recipients based on, but not limited to, such criteria
14as administrative cost, service capabilities of the carrier or
15other contractor, and the costs of the benefits.
16    (g-5) Committee. A Teacher Retirement Insurance Program
17Committee shall be established, to consist of 10 persons
18appointed by the Governor.
19    The Committee shall convene at least 4 times each year, and
20shall consider and make recommendations on issues affecting the
21program of health benefits provided under this Section.
22Recommendations of the Committee shall be based on a consensus
23of the members of the Committee.
24    If the Teacher Health Insurance Security Fund experiences a
25deficit balance based upon the contribution and subsidy rates
26established in this Section and Section 6.6 for Fiscal Year

 

 

09800SB1256sam001- 35 -LRB098 06209 KTG 42309 a

12008 or thereafter, the Committee shall make recommendations
2for adjustments to the funding sources established under these
3Sections.
4    In addition, the Committee shall identify proposed
5solutions to the funding shortfalls that are affecting the
6Teacher Health Insurance Security Fund, and it shall report
7those solutions to the Governor and the General Assembly within
86 months after August 15, 2011 (the effective date of Public
9Act 97-386).
10    (h) Continuation of program. It is the intention of the
11General Assembly that the program of health benefits provided
12under this Section be maintained on an ongoing, affordable
13basis.
14    The program of health benefits provided under this Section
15may be amended by the State and is not intended to be a pension
16or retirement benefit subject to protection under Article XIII,
17Section 5 of the Illinois Constitution.
18    (i) Repeal. (Blank).
19(Source: P.A. 96-1519, eff. 2-4-11; 97-386, eff. 8-15-11;
2097-813, eff. 7-13-12.)
 
21    (5 ILCS 375/6.10)
22    Sec. 6.10. Contributions to the Community College Health
23Insurance Security Fund.
24    (a) Beginning January 1, 1999, every active contributor of
25the State Universities Retirement System (established under

 

 

09800SB1256sam001- 36 -LRB098 06209 KTG 42309 a

1Article 15 of the Illinois Pension Code) who (1) is a full-time
2employee of a community college district (other than a
3community college district subject to Article VII of the Public
4Community College Act) or an association of community college
5boards and (2) is not an employee as defined in Section 3 of
6this Act shall make contributions toward the cost of community
7college annuitant and survivor health benefits at the rate of
80.50% of salary.
9    These contributions shall be deducted by the employer and
10paid to the State Universities Retirement System as service
11agent for the Department of Central Management Services. The
12System may use the same processes for collecting the
13contributions required by this subsection that it uses to
14collect the contributions received from those employees under
15Section 15-157 of the Illinois Pension Code. An employer may
16agree to pick up or pay the contributions required under this
17subsection on behalf of the employee; such contributions shall
18be deemed to have been paid by the employee.
19    The State Universities Retirement System shall promptly
20deposit all moneys collected under this subsection (a) into the
21Community College Health Insurance Security Fund created in
22Section 6.9 of this Act. The moneys collected under this
23Section shall be used only for the purposes authorized in
24Section 6.9 of this Act and shall not be considered to be
25assets of the State Universities Retirement System.
26Contributions made under this Section are not transferable to

 

 

09800SB1256sam001- 37 -LRB098 06209 KTG 42309 a

1other pension funds or retirement systems and are not
2refundable upon termination of service.
3    (b) Beginning January 1, 1999, every community college
4district (other than a community college district subject to
5Article VII of the Public Community College Act) or association
6of community college boards that is an employer under the State
7Universities Retirement System shall contribute toward the
8cost of the community college health benefits provided under
9Section 6.9 of this Act an amount equal to 0.50% of the salary
10paid to its full-time employees who participate in the State
11Universities Retirement System and are not members as defined
12in Section 3 of this Act.
13    These contributions shall be paid by the employer to the
14State Universities Retirement System as service agent for the
15Department of Central Management Services. The System may use
16the same processes for collecting the contributions required by
17this subsection that it uses to collect the contributions
18received from those employers under Section 15-155 of the
19Illinois Pension Code.
20    The State Universities Retirement System shall promptly
21deposit all moneys collected under this subsection (b) into the
22Community College Health Insurance Security Fund created in
23Section 6.9 of this Act. The moneys collected under this
24Section shall be used only for the purposes authorized in
25Section 6.9 of this Act and shall not be considered to be
26assets of the State Universities Retirement System.

 

 

09800SB1256sam001- 38 -LRB098 06209 KTG 42309 a

1Contributions made under this Section are not transferable to
2other pension funds or retirement systems and are not
3refundable upon termination of service.
4    The Department of Central Management Healthcare and Family
5Services, or any successor agency designated to procure
6healthcare contracts pursuant to this Act, is authorized to
7establish funds, separate accounts provided by any bank or
8banks as defined by the Illinois Banking Act, or separate
9accounts provided by any savings and loan association or
10associations as defined by the Illinois Savings and Loan Act of
111985 to be held by the Director, outside the State treasury,
12for the purpose of receiving the transfer of moneys from the
13Community College Health Insurance Security Fund. The
14Department may promulgate rules further defining the
15methodology for the transfers. Any interest earned by moneys in
16the funds or accounts shall inure to the Community College
17Health Insurance Security Fund. The transferred moneys, and
18interest accrued thereon, shall be used exclusively for
19transfers to administrative service organizations or their
20financial institutions for payments of claims to claimants and
21providers under the self-insurance health plan. The
22transferred moneys, and interest accrued thereon, shall not be
23used for any other purpose including, but not limited to,
24reimbursement of administration fees due the administrative
25service organization pursuant to its contract or contracts with
26the Department.

 

 

09800SB1256sam001- 39 -LRB098 06209 KTG 42309 a

1    (c) On or before November 15 of each year, the Board of
2Trustees of the State Universities Retirement System shall
3certify to the Governor, the Director of Central Management
4Services, and the State Comptroller its estimate of the total
5amount of contributions to be paid under subsection (a) of this
6Section for the next fiscal year. Beginning in fiscal year
72008, the amount certified shall be decreased or increased each
8year by the amount that the actual active employee
9contributions either fell short of or exceeded the estimate
10used by the Board in making the certification for the previous
11fiscal year. The State Universities Retirement System shall
12calculate the amount of actual active employee contributions in
13fiscal years 1999 through 2005. Based upon this calculation,
14the fiscal year 2008 certification shall include an amount
15equal to the cumulative amount that the actual active employee
16contributions either fell short of or exceeded the estimate
17used by the Board in making the certification for those fiscal
18years. The certification shall include a detailed explanation
19of the methods and information that the Board relied upon in
20preparing its estimate. As soon as possible after the effective
21date of this Section, the Board shall submit its estimate for
22fiscal year 1999.
23    (d) Beginning in fiscal year 1999, on the first day of each
24month, or as soon thereafter as may be practical, the State
25Treasurer and the State Comptroller shall transfer from the
26General Revenue Fund to the Community College Health Insurance

 

 

09800SB1256sam001- 40 -LRB098 06209 KTG 42309 a

1Security Fund 1/12 of the annual amount appropriated for that
2fiscal year to the State Comptroller for deposit into the
3Community College Health Insurance Security Fund under Section
41.4 of the State Pension Funds Continuing Appropriation Act.
5    (e) Except where otherwise specified in this Section, the
6definitions that apply to Article 15 of the Illinois Pension
7Code apply to this Section.
8(Source: P.A. 94-839, eff. 6-6-06; 95-632, eff. 9-25-07.)
 
9    (5 ILCS 375/10)  (from Ch. 127, par. 530)
10    Sec. 10. Contributions by the State and members.
11    (a) The State shall pay the cost of basic non-contributory
12group life insurance and, subject to member paid contributions
13set by the Department or required by this Section and except as
14provided in this Section, the basic program of group health
15benefits on each eligible member, except a member, not
16otherwise covered by this Act, who has retired as a
17participating member under Article 2 of the Illinois Pension
18Code but is ineligible for the retirement annuity under Section
192-119 of the Illinois Pension Code, and part of each eligible
20member's and retired member's premiums for health insurance
21coverage for enrolled dependents as provided by Section 9. The
22State shall pay the cost of the basic program of group health
23benefits only after benefits are reduced by the amount of
24benefits covered by Medicare for all members and dependents who
25are eligible for benefits under Social Security or the Railroad

 

 

09800SB1256sam001- 41 -LRB098 06209 KTG 42309 a

1Retirement system or who had sufficient Medicare-covered
2government employment, except that such reduction in benefits
3shall apply only to those members and dependents who (1) first
4become eligible for such Medicare coverage on or after July 1,
51992; or (2) are Medicare-eligible members or dependents of a
6local government unit which began participation in the program
7on or after July 1, 1992; or (3) remain eligible for, but no
8longer receive Medicare coverage which they had been receiving
9on or after July 1, 1992. The Department may determine the
10aggregate level of the State's contribution on the basis of
11actual cost of medical services adjusted for age, sex or
12geographic or other demographic characteristics which affect
13the costs of such programs.
14    The cost of participation in the basic program of group
15health benefits for the dependent or survivor of a living or
16deceased retired employee who was formerly employed by the
17University of Illinois in the Cooperative Extension Service and
18would be an annuitant but for the fact that he or she was made
19ineligible to participate in the State Universities Retirement
20System by clause (4) of subsection (a) of Section 15-107 of the
21Illinois Pension Code shall not be greater than the cost of
22participation that would otherwise apply to that dependent or
23survivor if he or she were the dependent or survivor of an
24annuitant under the State Universities Retirement System.
25    (a-1) (Blank).
26    (a-2) (Blank).

 

 

09800SB1256sam001- 42 -LRB098 06209 KTG 42309 a

1    (a-3) (Blank).
2    (a-4) (Blank).
3    (a-5) (Blank).
4    (a-6) (Blank).
5    (a-7) (Blank).
6    (a-8) Any annuitant, survivor, or retired employee may
7waive or terminate coverage in the program of group health
8benefits. Any such annuitant, survivor, or retired employee who
9has waived or terminated coverage may enroll or re-enroll in
10the program of group health benefits only during the annual
11benefit choice period, as determined by the Director; except
12that in the event of termination of coverage due to nonpayment
13of premiums, the annuitant, survivor, or retired employee may
14not re-enroll in the program.
15    (a-8.5) Beginning on the effective date of this amendatory
16Act of the 97th General Assembly, the Director of Central
17Management Services shall, on an annual basis, determine the
18amount that the State shall contribute toward the basic program
19of group health benefits on behalf of annuitants (including
20individuals who (i) participated in the General Assembly
21Retirement System, the State Employees' Retirement System of
22Illinois, the State Universities Retirement System, the
23Teachers' Retirement System of the State of Illinois, or the
24Judges Retirement System of Illinois and (ii) qualify as
25annuitants under subsection (b) of Section 3 of this Act),
26survivors (including individuals who (i) receive an annuity as

 

 

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1a survivor of an individual who participated in the General
2Assembly Retirement System, the State Employees' Retirement
3System of Illinois, the State Universities Retirement System,
4the Teachers' Retirement System of the State of Illinois, or
5the Judges Retirement System of Illinois and (ii) qualify as
6survivors under subsection (q) of Section 3 of this Act), and
7retired employees (as defined in subsection (p) of Section 3 of
8this Act). The remainder of the cost of coverage for each
9annuitant, survivor, or retired employee, as determined by the
10Director of Central Management Services, shall be the
11responsibility of that annuitant, survivor, or retired
12employee.
13    Contributions required of annuitants, survivors, and
14retired employees shall be the same for all retirement systems
15and shall also be based on whether an individual has made an
16election under Section 15-135.1 of the Illinois Pension Code.
17Contributions may be based on annuitants', survivors', or
18retired employees' Medicare eligibility, but may not be based
19on Social Security eligibility.
20    (a-9) No later than May 1 of each calendar year, the
21Director of Central Management Services shall certify in
22writing to the Executive Secretary of the State Employees'
23Retirement System of Illinois the amounts of the Medicare
24supplement health care premiums and the amounts of the health
25care premiums for all other retirees who are not Medicare
26eligible.

 

 

09800SB1256sam001- 44 -LRB098 06209 KTG 42309 a

1    A separate calculation of the premiums based upon the
2actual cost of each health care plan shall be so certified.
3    The Director of Central Management Services shall provide
4to the Executive Secretary of the State Employees' Retirement
5System of Illinois such information, statistics, and other data
6as he or she may require to review the premium amounts
7certified by the Director of Central Management Services.
8    The Department of Central Management Healthcare and Family
9Services, or any successor agency designated to procure
10healthcare contracts pursuant to this Act, is authorized to
11establish funds, separate accounts provided by any bank or
12banks as defined by the Illinois Banking Act, or separate
13accounts provided by any savings and loan association or
14associations as defined by the Illinois Savings and Loan Act of
151985 to be held by the Director, outside the State treasury,
16for the purpose of receiving the transfer of moneys from the
17Local Government Health Insurance Reserve Fund. The Department
18may promulgate rules further defining the methodology for the
19transfers. Any interest earned by moneys in the funds or
20accounts shall inure to the Local Government Health Insurance
21Reserve Fund. The transferred moneys, and interest accrued
22thereon, shall be used exclusively for transfers to
23administrative service organizations or their financial
24institutions for payments of claims to claimants and providers
25under the self-insurance health plan. The transferred moneys,
26and interest accrued thereon, shall not be used for any other

 

 

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1purpose including, but not limited to, reimbursement of
2administration fees due the administrative service
3organization pursuant to its contract or contracts with the
4Department.
5    (b) State employees who become eligible for this program on
6or after January 1, 1980 in positions normally requiring actual
7performance of duty not less than 1/2 of a normal work period
8but not equal to that of a normal work period, shall be given
9the option of participating in the available program. If the
10employee elects coverage, the State shall contribute on behalf
11of such employee to the cost of the employee's benefit and any
12applicable dependent supplement, that sum which bears the same
13percentage as that percentage of time the employee regularly
14works when compared to normal work period.
15    (c) The basic non-contributory coverage from the basic
16program of group health benefits shall be continued for each
17employee not in pay status or on active service by reason of
18(1) leave of absence due to illness or injury, (2) authorized
19educational leave of absence or sabbatical leave, or (3)
20military leave. This coverage shall continue until expiration
21of authorized leave and return to active service, but not to
22exceed 24 months for leaves under item (1) or (2). This
2324-month limitation and the requirement of returning to active
24service shall not apply to persons receiving ordinary or
25accidental disability benefits or retirement benefits through
26the appropriate State retirement system or benefits under the

 

 

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1Workers' Compensation or Occupational Disease Act.
2    (d) The basic group life insurance coverage shall continue,
3with full State contribution, where such person is (1) absent
4from active service by reason of disability arising from any
5cause other than self-inflicted, (2) on authorized educational
6leave of absence or sabbatical leave, or (3) on military leave.
7    (e) Where the person is in non-pay status for a period in
8excess of 30 days or on leave of absence, other than by reason
9of disability, educational or sabbatical leave, or military
10leave, such person may continue coverage only by making
11personal payment equal to the amount normally contributed by
12the State on such person's behalf. Such payments and coverage
13may be continued: (1) until such time as the person returns to
14a status eligible for coverage at State expense, but not to
15exceed 24 months or (2) until such person's employment or
16annuitant status with the State is terminated (exclusive of any
17additional service imposed pursuant to law).
18    (f) The Department shall establish by rule the extent to
19which other employee benefits will continue for persons in
20non-pay status or who are not in active service.
21    (g) The State shall not pay the cost of the basic
22non-contributory group life insurance, program of health
23benefits and other employee benefits for members who are
24survivors as defined by paragraphs (1) and (2) of subsection
25(q) of Section 3 of this Act. The costs of benefits for these
26survivors shall be paid by the survivors or by the University

 

 

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1of Illinois Cooperative Extension Service, or any combination
2thereof. However, the State shall pay the amount of the
3reduction in the cost of participation, if any, resulting from
4the amendment to subsection (a) made by this amendatory Act of
5the 91st General Assembly.
6    (h) Those persons occupying positions with any department
7as a result of emergency appointments pursuant to Section 8b.8
8of the Personnel Code who are not considered employees under
9this Act shall be given the option of participating in the
10programs of group life insurance, health benefits and other
11employee benefits. Such persons electing coverage may
12participate only by making payment equal to the amount normally
13contributed by the State for similarly situated employees. Such
14amounts shall be determined by the Director. Such payments and
15coverage may be continued until such time as the person becomes
16an employee pursuant to this Act or such person's appointment
17is terminated.
18    (i) Any unit of local government within the State of
19Illinois may apply to the Director to have its employees,
20annuitants, and their dependents provided group health
21coverage under this Act on a non-insured basis. To participate,
22a unit of local government must agree to enroll all of its
23employees, who may select coverage under either the State group
24health benefits plan or a health maintenance organization that
25has contracted with the State to be available as a health care
26provider for employees as defined in this Act. A unit of local

 

 

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1government must remit the entire cost of providing coverage
2under the State group health benefits plan or, for coverage
3under a health maintenance organization, an amount determined
4by the Director based on an analysis of the sex, age,
5geographic location, or other relevant demographic variables
6for its employees, except that the unit of local government
7shall not be required to enroll those of its employees who are
8covered spouses or dependents under this plan or another group
9policy or plan providing health benefits as long as (1) an
10appropriate official from the unit of local government attests
11that each employee not enrolled is a covered spouse or
12dependent under this plan or another group policy or plan, and
13(2) at least 50% of the employees are enrolled and the unit of
14local government remits the entire cost of providing coverage
15to those employees, except that a participating school district
16must have enrolled at least 50% of its full-time employees who
17have not waived coverage under the district's group health plan
18by participating in a component of the district's cafeteria
19plan. A participating school district is not required to enroll
20a full-time employee who has waived coverage under the
21district's health plan, provided that an appropriate official
22from the participating school district attests that the
23full-time employee has waived coverage by participating in a
24component of the district's cafeteria plan. For the purposes of
25this subsection, "participating school district" includes a
26unit of local government whose primary purpose is education as

 

 

09800SB1256sam001- 49 -LRB098 06209 KTG 42309 a

1defined by the Department's rules.
2    Employees of a participating unit of local government who
3are not enrolled due to coverage under another group health
4policy or plan may enroll in the event of a qualifying change
5in status, special enrollment, special circumstance as defined
6by the Director, or during the annual Benefit Choice Period. A
7participating unit of local government may also elect to cover
8its annuitants. Dependent coverage shall be offered on an
9optional basis, with the costs paid by the unit of local
10government, its employees, or some combination of the two as
11determined by the unit of local government. The unit of local
12government shall be responsible for timely collection and
13transmission of dependent premiums.
14    The Director shall annually determine monthly rates of
15payment, subject to the following constraints:
16        (1) In the first year of coverage, the rates shall be
17    equal to the amount normally charged to State employees for
18    elected optional coverages or for enrolled dependents
19    coverages or other contributory coverages, or contributed
20    by the State for basic insurance coverages on behalf of its
21    employees, adjusted for differences between State
22    employees and employees of the local government in age,
23    sex, geographic location or other relevant demographic
24    variables, plus an amount sufficient to pay for the
25    additional administrative costs of providing coverage to
26    employees of the unit of local government and their

 

 

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1    dependents.
2        (2) In subsequent years, a further adjustment shall be
3    made to reflect the actual prior years' claims experience
4    of the employees of the unit of local government.
5    In the case of coverage of local government employees under
6a health maintenance organization, the Director shall annually
7determine for each participating unit of local government the
8maximum monthly amount the unit may contribute toward that
9coverage, based on an analysis of (i) the age, sex, geographic
10location, and other relevant demographic variables of the
11unit's employees and (ii) the cost to cover those employees
12under the State group health benefits plan. The Director may
13similarly determine the maximum monthly amount each unit of
14local government may contribute toward coverage of its
15employees' dependents under a health maintenance organization.
16    Monthly payments by the unit of local government or its
17employees for group health benefits plan or health maintenance
18organization coverage shall be deposited in the Local
19Government Health Insurance Reserve Fund.
20    The Local Government Health Insurance Reserve Fund is
21hereby created as a nonappropriated trust fund to be held
22outside the State Treasury, with the State Treasurer as
23custodian. The Local Government Health Insurance Reserve Fund
24shall be a continuing fund not subject to fiscal year
25limitations. The Local Government Health Insurance Reserve
26Fund is not subject to administrative charges or charge-backs,

 

 

09800SB1256sam001- 51 -LRB098 06209 KTG 42309 a

1including but not limited to those authorized under Section 8h
2of the State Finance Act. All revenues arising from the
3administration of the health benefits program established
4under this Section shall be deposited into the Local Government
5Health Insurance Reserve Fund. Any interest earned on moneys in
6the Local Government Health Insurance Reserve Fund shall be
7deposited into the Fund. All expenditures from this Fund shall
8be used for payments for health care benefits for local
9government and rehabilitation facility employees, annuitants,
10and dependents, and to reimburse the Department or its
11administrative service organization for all expenses incurred
12in the administration of benefits. No other State funds may be
13used for these purposes.
14    A local government employer's participation or desire to
15participate in a program created under this subsection shall
16not limit that employer's duty to bargain with the
17representative of any collective bargaining unit of its
18employees.
19    (j) Any rehabilitation facility within the State of
20Illinois may apply to the Director to have its employees,
21annuitants, and their eligible dependents provided group
22health coverage under this Act on a non-insured basis. To
23participate, a rehabilitation facility must agree to enroll all
24of its employees and remit the entire cost of providing such
25coverage for its employees, except that the rehabilitation
26facility shall not be required to enroll those of its employees

 

 

09800SB1256sam001- 52 -LRB098 06209 KTG 42309 a

1who are covered spouses or dependents under this plan or
2another group policy or plan providing health benefits as long
3as (1) an appropriate official from the rehabilitation facility
4attests that each employee not enrolled is a covered spouse or
5dependent under this plan or another group policy or plan, and
6(2) at least 50% of the employees are enrolled and the
7rehabilitation facility remits the entire cost of providing
8coverage to those employees. Employees of a participating
9rehabilitation facility who are not enrolled due to coverage
10under another group health policy or plan may enroll in the
11event of a qualifying change in status, special enrollment,
12special circumstance as defined by the Director, or during the
13annual Benefit Choice Period. A participating rehabilitation
14facility may also elect to cover its annuitants. Dependent
15coverage shall be offered on an optional basis, with the costs
16paid by the rehabilitation facility, its employees, or some
17combination of the 2 as determined by the rehabilitation
18facility. The rehabilitation facility shall be responsible for
19timely collection and transmission of dependent premiums.
20    The Director shall annually determine quarterly rates of
21payment, subject to the following constraints:
22        (1) In the first year of coverage, the rates shall be
23    equal to the amount normally charged to State employees for
24    elected optional coverages or for enrolled dependents
25    coverages or other contributory coverages on behalf of its
26    employees, adjusted for differences between State

 

 

09800SB1256sam001- 53 -LRB098 06209 KTG 42309 a

1    employees and employees of the rehabilitation facility in
2    age, sex, geographic location or other relevant
3    demographic variables, plus an amount sufficient to pay for
4    the additional administrative costs of providing coverage
5    to employees of the rehabilitation facility and their
6    dependents.
7        (2) In subsequent years, a further adjustment shall be
8    made to reflect the actual prior years' claims experience
9    of the employees of the rehabilitation facility.
10    Monthly payments by the rehabilitation facility or its
11employees for group health benefits shall be deposited in the
12Local Government Health Insurance Reserve Fund.
13    (k) Any domestic violence shelter or service within the
14State of Illinois may apply to the Director to have its
15employees, annuitants, and their dependents provided group
16health coverage under this Act on a non-insured basis. To
17participate, a domestic violence shelter or service must agree
18to enroll all of its employees and pay the entire cost of
19providing such coverage for its employees. The domestic
20violence shelter shall not be required to enroll those of its
21employees who are covered spouses or dependents under this plan
22or another group policy or plan providing health benefits as
23long as (1) an appropriate official from the domestic violence
24shelter attests that each employee not enrolled is a covered
25spouse or dependent under this plan or another group policy or
26plan and (2) at least 50% of the employees are enrolled and the

 

 

09800SB1256sam001- 54 -LRB098 06209 KTG 42309 a

1domestic violence shelter remits the entire cost of providing
2coverage to those employees. Employees of a participating
3domestic violence shelter who are not enrolled due to coverage
4under another group health policy or plan may enroll in the
5event of a qualifying change in status, special enrollment, or
6special circumstance as defined by the Director or during the
7annual Benefit Choice Period. A participating domestic
8violence shelter may also elect to cover its annuitants.
9Dependent coverage shall be offered on an optional basis, with
10employees, or some combination of the 2 as determined by the
11domestic violence shelter or service. The domestic violence
12shelter or service shall be responsible for timely collection
13and transmission of dependent premiums.
14    The Director shall annually determine rates of payment,
15subject to the following constraints:
16        (1) In the first year of coverage, the rates shall be
17    equal to the amount normally charged to State employees for
18    elected optional coverages or for enrolled dependents
19    coverages or other contributory coverages on behalf of its
20    employees, adjusted for differences between State
21    employees and employees of the domestic violence shelter or
22    service in age, sex, geographic location or other relevant
23    demographic variables, plus an amount sufficient to pay for
24    the additional administrative costs of providing coverage
25    to employees of the domestic violence shelter or service
26    and their dependents.

 

 

09800SB1256sam001- 55 -LRB098 06209 KTG 42309 a

1        (2) In subsequent years, a further adjustment shall be
2    made to reflect the actual prior years' claims experience
3    of the employees of the domestic violence shelter or
4    service.
5    Monthly payments by the domestic violence shelter or
6service or its employees for group health insurance shall be
7deposited in the Local Government Health Insurance Reserve
8Fund.
9    (l) A public community college or entity organized pursuant
10to the Public Community College Act may apply to the Director
11initially to have only annuitants not covered prior to July 1,
121992 by the district's health plan provided health coverage
13under this Act on a non-insured basis. The community college
14must execute a 2-year contract to participate in the Local
15Government Health Plan. Any annuitant may enroll in the event
16of a qualifying change in status, special enrollment, special
17circumstance as defined by the Director, or during the annual
18Benefit Choice Period.
19    The Director shall annually determine monthly rates of
20payment subject to the following constraints: for those
21community colleges with annuitants only enrolled, first year
22rates shall be equal to the average cost to cover claims for a
23State member adjusted for demographics, Medicare
24participation, and other factors; and in the second year, a
25further adjustment of rates shall be made to reflect the actual
26first year's claims experience of the covered annuitants.

 

 

09800SB1256sam001- 56 -LRB098 06209 KTG 42309 a

1    (l-5) The provisions of subsection (l) become inoperative
2on July 1, 1999.
3    (m) The Director shall adopt any rules deemed necessary for
4implementation of this amendatory Act of 1989 (Public Act
586-978).
6    (n) Any child advocacy center within the State of Illinois
7may apply to the Director to have its employees, annuitants,
8and their dependents provided group health coverage under this
9Act on a non-insured basis. To participate, a child advocacy
10center must agree to enroll all of its employees and pay the
11entire cost of providing coverage for its employees. The child
12advocacy center shall not be required to enroll those of its
13employees who are covered spouses or dependents under this plan
14or another group policy or plan providing health benefits as
15long as (1) an appropriate official from the child advocacy
16center attests that each employee not enrolled is a covered
17spouse or dependent under this plan or another group policy or
18plan and (2) at least 50% of the employees are enrolled and the
19child advocacy center remits the entire cost of providing
20coverage to those employees. Employees of a participating child
21advocacy center who are not enrolled due to coverage under
22another group health policy or plan may enroll in the event of
23a qualifying change in status, special enrollment, or special
24circumstance as defined by the Director or during the annual
25Benefit Choice Period. A participating child advocacy center
26may also elect to cover its annuitants. Dependent coverage

 

 

09800SB1256sam001- 57 -LRB098 06209 KTG 42309 a

1shall be offered on an optional basis, with the costs paid by
2the child advocacy center, its employees, or some combination
3of the 2 as determined by the child advocacy center. The child
4advocacy center shall be responsible for timely collection and
5transmission of dependent premiums.
6    The Director shall annually determine rates of payment,
7subject to the following constraints:
8        (1) In the first year of coverage, the rates shall be
9    equal to the amount normally charged to State employees for
10    elected optional coverages or for enrolled dependents
11    coverages or other contributory coverages on behalf of its
12    employees, adjusted for differences between State
13    employees and employees of the child advocacy center in
14    age, sex, geographic location, or other relevant
15    demographic variables, plus an amount sufficient to pay for
16    the additional administrative costs of providing coverage
17    to employees of the child advocacy center and their
18    dependents.
19        (2) In subsequent years, a further adjustment shall be
20    made to reflect the actual prior years' claims experience
21    of the employees of the child advocacy center.
22    Monthly payments by the child advocacy center or its
23employees for group health insurance shall be deposited into
24the Local Government Health Insurance Reserve Fund.
25(Source: P.A. 96-756, eff. 1-1-10; 96-1232, eff. 7-23-10;
2696-1519, eff. 2-4-11; 97-695, eff. 7-1-12.)
 

 

 

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1    (5 ILCS 375/13.1)  (from Ch. 127, par. 533.1)
2    Sec. 13.1. (a) All contributions, appropriations,
3interest, and dividend payments to fund the program of health
4benefits and other employee benefits, and all other revenues
5arising from the administration of any employee health benefits
6program, shall be deposited in a trust fund outside the State
7Treasury, with the State Treasurer as ex-officio custodian, to
8be known as the Health Insurance Reserve Fund.
9    (b) Upon the adoption of a self-insurance health plan, any
10monies attributable to the group health insurance program shall
11be deposited in or transferred to the Health Insurance Reserve
12Fund for use by the Department. As of the effective date of
13this amendatory Act of 1986, the Department shall certify to
14the Comptroller the amount of money in the Group Insurance
15Premium Fund attributable to the State group health insurance
16program and the Comptroller shall transfer such money from the
17Group Insurance Premium Fund to the Health Insurance Reserve
18Fund. Contributions by the State to the Health Insurance
19Reserve Fund to meet the requirements of this Act, as
20established by the Director, from the General Revenue Fund and
21the Road Fund to the Health Insurance Reserve Fund shall be by
22annual appropriations, and all other contributions to meet the
23requirements of the programs of health benefits or other
24employee benefits shall be deposited in the Health Insurance
25Reserve Fund. The Department shall draw the appropriation from

 

 

09800SB1256sam001- 59 -LRB098 06209 KTG 42309 a

1the General Revenue Fund and the Road Fund from time to time as
2necessary to make expenditures authorized under this Act.
3    The Director may employ such assistance and services and
4may purchase such goods as may be necessary for the proper
5development and administration of any of the benefit programs
6authorized by this Act. The Director may promulgate rules and
7regulations in regard to the administration of these programs.
8    All monies received by the Department for deposit in or
9transfer to the Health Insurance Reserve Fund, through
10appropriation or otherwise, shall be used to provide for the
11making of payments to claimants and providers and to reimburse
12the Department for all expenses directly incurred relating to
13Department development and administration of the program of
14health benefits and other employee benefits.
15    Any administrative service organization administering any
16self-insurance health plan and paying claims and benefits under
17authority of this Act may receive, pursuant to written
18authorization and direction of the Director, an initial
19transfer and periodic transfers of funds from the Health
20Insurance Reserve Fund in amounts determined by the Director
21who may consider the amount recommended by the administrative
22service organization. Notwithstanding any other statute, such
23transferred funds shall be retained by the administrative
24service organization in a separate account provided by any bank
25as defined by the Illinois Banking Act. The Department may
26promulgate regulations further defining the banks authorized

 

 

09800SB1256sam001- 60 -LRB098 06209 KTG 42309 a

1to accept such funds and all methodology for transfer of such
2funds. Any interest earned by monies in such account shall
3inure to the Health Insurance Reserve Fund, shall remain in
4such account and shall be used exclusively to pay claims and
5benefits under this Act. Such transferred funds shall be used
6exclusively for administrative service organization payment of
7claims to claimants and providers under the self-insurance
8health plan by the drawing of checks against such account. The
9administrative service organization may not use such
10transferred funds, or interest accrued thereon, for any other
11purpose including, but not limited to, reimbursement of
12administrative expenses or payments of administration fees due
13the organization pursuant to its contract or contracts with the
14Department of Central Management Services.
15    The account of the administrative service organization
16established under this Section, any transfers from the Health
17Insurance Reserve Fund to such account and the use of such
18account and funds shall be subject to (1) audit by the
19Department or private contractor authorized by the Department
20to conduct audits, and (2) post audit pursuant to the Illinois
21State Auditing Act.
22    The Department of Central Management Healthcare and Family
23Services, or any successor agency designated to procure
24healthcare contracts pursuant to this Act, is authorized to
25establish funds, separate accounts provided by any bank or
26banks as defined by the Illinois Banking Act, or separate

 

 

09800SB1256sam001- 61 -LRB098 06209 KTG 42309 a

1accounts provided by any savings and loan association or
2associations as defined by the Illinois Savings and Loan Act of
31985 to be held by the Director, outside the State treasury,
4for the purpose of receiving the transfer of moneys from the
5Health Insurance Reserve Fund. The Department may promulgate
6rules further defining the methodology for the transfers. Any
7interest earned by monies in the funds or accounts shall inure
8to the Health Insurance Reserve Fund. The transferred moneys,
9and interest accrued thereon, shall be used exclusively for
10transfers to administrative service organizations or their
11financial institutions for payments of claims to claimants and
12providers under the self-insurance health plan. The
13transferred moneys, and interest accrued thereon, shall not be
14used for any other purpose including, but not limited to,
15reimbursement of administration fees due the administrative
16service organization pursuant to its contract or contracts with
17the Department.
18    (c) The Director, with the advice and consent of the
19Commission, shall establish premiums for optional coverage for
20dependents of eligible members for the health plans. The
21eligible members shall be responsible for their portion of such
22optional premium. The State shall contribute an amount per
23month for each eligible member who has enrolled one or more
24dependents under the health plans. Such contribution shall be
25made directly to the Health Insurance Reserve Fund. Those
26employees described in subsection (b) of Section 9 of this Act

 

 

09800SB1256sam001- 62 -LRB098 06209 KTG 42309 a

1shall be allowed to continue in the health plan by making
2personal payments with the premiums to be deposited in the
3Health Insurance Reserve Fund.
4    (d) The Health Insurance Reserve Fund shall be a continuing
5fund not subject to fiscal year limitations. All expenditures
6from that fund shall be at the direction of the Director and
7shall be only for the purpose of:
8        (1) the payment of administrative expenses incurred by
9    the Department for the program of health benefits or other
10    employee benefit programs, including but not limited to the
11    costs of audits or actuarial consultations, professional
12    and contractual services, electronic data processing
13    systems and services, and expenses in connection with the
14    development and administration of such programs;
15        (2) the payment of administrative expenses incurred by
16    the Administrative Service Organization;
17        (3) the payment of health benefits;
18        (3.5) the payment of medical expenses incurred by the
19    Department for the treatment of employees who suffer
20    accidental injury or death within the scope of their
21    employment;
22        (4) refunds to employees for erroneous payments of
23    their selected dependent coverage;
24        (5) payment of premium for stop-loss or re-insurance;
25        (6) payment of premium to health maintenance
26    organizations pursuant to Section 6.1 of this Act;

 

 

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1        (7) payment of adoption program benefits; and
2        (8) payment of other benefits offered to members and
3    dependents under this Act.
4(Source: P.A. 94-839, eff. 6-6-06; 95-632, eff. 9-25-07;
595-744, eff. 7-18-08.)
 
6    Section 905. The Department of Central Management Services
7Law of the Civil Administrative Code of Illinois is amended by
8adding Section 405-520 as follows:
 
9    (20 ILCS 405/405-520 new)
10    Sec. 405-520. State healthcare purchasing. On and after the
11date 6 months after the effective date of this amendatory Act
12of the 98th General Assembly, as provided in the Executive
13Order 1 (2012) Implementation Act, all of the powers, duties,
14rights, and responsibilities related to State healthcare
15purchasing under this Law that were transferred from the
16Department to the Department of Healthcare and Family Services
17by Executive Order 3 (2005) are transferred back to the
18Department.
 
19    Section 910. The Department of Human Services Act is
20amended by changing Section 1-20 as follows:
 
21    (20 ILCS 1305/1-20)
22    Sec. 1-20. General powers and duties.

 

 

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1    (a) The Department shall exercise the rights, powers,
2duties, and functions provided by law, including (but not
3limited to) the rights, powers, duties, and functions
4transferred to the Department under Article 80 and Article 90
5of this Act.
6    (b) The Department may employ personnel (in accordance with
7the Personnel Code), provide facilities, contract for goods and
8services, and adopt rules as necessary to carry out its
9functions and purposes, all in accordance with applicable State
10and federal law.
11    (c) On and after the date 6 months after the effective date
12of this amendatory Act of the 98th General Assembly, as
13provided in the Executive Order 1 (2012) Implementation Act,
14all of the powers, duties, rights, and responsibilities related
15to State healthcare purchasing under this Act that were
16transferred from the Department to the Department of Healthcare
17and Family Services by Executive Order 3 (2005) are transferred
18back to the Department.
19(Source: P.A. 89-507, eff. 7-3-96.)
 
20    Section 915. The Department of Healthcare and Family
21Services Law of the Civil Administrative Code of Illinois is
22amended by adding Section 2205-20 as follows:
 
23    (20 ILCS 2205/2205-20 new)
24    Sec. 2205-20. State healthcare purchasing. On and after the

 

 

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1date 6 months after the effective date of this amendatory Act
2of the 98th General Assembly, as provided in the Executive
3Order 1 (2012) Implementation Act, all of the powers, duties,
4rights, and responsibilities related to State healthcare
5purchasing under this Law that were transferred to the
6Department of Healthcare and Family Services by Executive Order
73 (2005) are transferred back to the Departments from which
8those powers, duties, rights, and responsibilities were
9transferred; however, powers, duties, rights, and
10responsibilities related to State healthcare purchasing under
11this Law that were exercised by the Department of Corrections
12before the effective date of Executive Order 3 (2005) but that
13pertain to individuals resident in facilities operated by
14Department of Juvenile Justice shall be transferred to the
15Department of Juvenile Justice.
 
16    Section 920. The Department of Veterans Affairs Act is
17amended by adding Section 2.08 as follows:
 
18    (20 ILCS 2805/2.08 new)
19    Sec. 2.08. State Healthcare purchasing. On and after the
20date 6 months after the effective date of this amendatory Act
21of the 98th General Assembly, as provided in the Executive
22Order 1 (2012) Implementation Act, all of the powers, duties,
23rights, and responsibilities related to State healthcare
24purchasing under this Act that were transferred from the

 

 

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1Department to the Department of Healthcare and Family Services
2by Executive Order 3 (2005) are transferred back to the
3Department.
 
4    Section 925. The School Employee Benefit Act is amended by
5adding Section 7 as follows:
 
6    (105 ILCS 55/7 new)
7    Sec. 7. State healthcare purchasing. On and after the date
86 months after the effective date of this amendatory Act of the
998th General Assembly, as provided in the Executive Order 1
10(2012) Implementation Act, all of the powers, duties, rights,
11and responsibilities related to State healthcare purchasing
12under this Act that were transferred from the Department to the
13Department of Healthcare and Family Services by Executive Order
143 (2005) are transferred back to the Department.
 
15    Section 930. The Illinois Prescription Drug Discount
16Program Act is amended by changing Sections 10 and 15 and by
17adding Section 2 as follows:
 
18    (320 ILCS 55/2 new)
19    Sec. 2. State healthcare purchasing. On and after the date
206 months after the effective date of this amendatory Act of the
2198th General Assembly, as provided in the Executive Order 1
22(2012) Implementation Act, all of the powers, duties, rights,

 

 

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1and responsibilities related to State healthcare purchasing
2under this Act that were transferred from the Department of
3Central Management Services to the Department of Healthcare and
4Family Services by Executive Order 3 (2005) are transferred
5back to the Department of Central Management Services.
 
6    (320 ILCS 55/10)
7    Sec. 10. Purpose. The purpose of this program is to require
8the Department of Central Management Healthcare and Family
9Services to establish and administer a program that will enable
10eligible Illinois residents to purchase prescription drugs at
11discounted prices.
12(Source: P.A. 93-18, eff. 7-1-03; 94-86, eff. 1-1-06.)
 
13    (320 ILCS 55/15)
14    Sec. 15. Definitions. As used in this Act:
15    "Authorized pharmacy" means any pharmacy registered in
16this State under the Pharmacy Practice Act or approved by the
17Department of Financial and Professional Regulation and
18approved by the Department or its program administrator.
19    "AWP" or "average wholesale price" means the amount
20determined from the latest publication of the Red Book, a
21universally subscribed pharmacist reference guide annually
22published by the Hearst Corporation. "AWP" or "average
23wholesale price" may also be derived electronically from the
24drug pricing database synonymous with the latest publication of

 

 

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1the Red Book and furnished in the National Drug Data File
2(NDDF) by First Data Bank (FDB), a service of the Hearst
3Corporation.
4    "Covered medication" means any medication included in the
5Illinois Prescription Drug Discount Program.
6    "Department" means the Department of Central Management
7Healthcare and Family Services.
8    "Director" means the Director of Central Management
9Healthcare and Family Services.
10    "Drug manufacturer" means any entity (1) that is located
11within or outside Illinois that is engaged in (i) the
12production, preparation, propagation, compounding, conversion,
13or processing of prescription drug products covered under the
14program, either directly or indirectly by extraction from
15substances of natural origin, independently by means of
16chemical synthesis, or by a combination of extraction and
17chemical synthesis or (ii) the packaging, repackaging,
18leveling, labeling, or distribution of prescription drug
19products covered under the program and (2) that elects to
20provide prescription drugs either directly or under contract
21with any entity providing prescription drug services on behalf
22of the State of Illinois. "Drug manufacturer", however, does
23not include a wholesale distributor of drugs or a retail
24pharmacy licensed under Illinois law.
25    "Federal Poverty Limit" or "FPL" means the Federal Poverty
26Income Guidelines published annually in the Federal Register.

 

 

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1    "Prescription drug" means any prescribed drug that may be
2legally dispensed by an authorized pharmacy.
3    "Program" means the Illinois Prescription Drug Discount
4Program created under this Act.
5    "Program administrator" means the entity that is chosen by
6the Department to administer the program. The program
7administrator may, in this case, be the Director or a Pharmacy
8Benefits Manager (PBM) chosen to subcontract with the Director.
9    "Rules" includes rules adopted and forms prescribed by the
10Department.
11(Source: P.A. 94-86, eff. 1-1-06; 95-689, eff. 10-29-07.)
 
12    Section 935. The Unified Code of Corrections is amended by
13changing Sections 3-2-2 and 3-2.5-20 as follows:
 
14    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
15    Sec. 3-2-2. Powers and Duties of the Department.
16    (1) In addition to the powers, duties and responsibilities
17which are otherwise provided by law, the Department shall have
18the following powers:
19        (a) To accept persons committed to it by the courts of
20    this State for care, custody, treatment and
21    rehabilitation, and to accept federal prisoners and aliens
22    over whom the Office of the Federal Detention Trustee is
23    authorized to exercise the federal detention function for
24    limited purposes and periods of time.

 

 

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1        (b) To develop and maintain reception and evaluation
2    units for purposes of analyzing the custody and
3    rehabilitation needs of persons committed to it and to
4    assign such persons to institutions and programs under its
5    control or transfer them to other appropriate agencies. In
6    consultation with the Department of Alcoholism and
7    Substance Abuse (now the Department of Human Services), the
8    Department of Corrections shall develop a master plan for
9    the screening and evaluation of persons committed to its
10    custody who have alcohol or drug abuse problems, and for
11    making appropriate treatment available to such persons;
12    the Department shall report to the General Assembly on such
13    plan not later than April 1, 1987. The maintenance and
14    implementation of such plan shall be contingent upon the
15    availability of funds.
16        (b-1) To create and implement, on January 1, 2002, a
17    pilot program to establish the effectiveness of
18    pupillometer technology (the measurement of the pupil's
19    reaction to light) as an alternative to a urine test for
20    purposes of screening and evaluating persons committed to
21    its custody who have alcohol or drug problems. The pilot
22    program shall require the pupillometer technology to be
23    used in at least one Department of Corrections facility.
24    The Director may expand the pilot program to include an
25    additional facility or facilities as he or she deems
26    appropriate. A minimum of 4,000 tests shall be included in

 

 

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1    the pilot program. The Department must report to the
2    General Assembly on the effectiveness of the program by
3    January 1, 2003.
4        (b-5) To develop, in consultation with the Department
5    of State Police, a program for tracking and evaluating each
6    inmate from commitment through release for recording his or
7    her gang affiliations, activities, or ranks.
8        (c) To maintain and administer all State correctional
9    institutions and facilities under its control and to
10    establish new ones as needed. Pursuant to its power to
11    establish new institutions and facilities, the Department
12    may, with the written approval of the Governor, authorize
13    the Department of Central Management Services to enter into
14    an agreement of the type described in subsection (d) of
15    Section 405-300 of the Department of Central Management
16    Services Law (20 ILCS 405/405-300). The Department shall
17    designate those institutions which shall constitute the
18    State Penitentiary System.
19        Pursuant to its power to establish new institutions and
20    facilities, the Department may authorize the Department of
21    Central Management Services to accept bids from counties
22    and municipalities for the construction, remodeling or
23    conversion of a structure to be leased to the Department of
24    Corrections for the purposes of its serving as a
25    correctional institution or facility. Such construction,
26    remodeling or conversion may be financed with revenue bonds

 

 

09800SB1256sam001- 72 -LRB098 06209 KTG 42309 a

1    issued pursuant to the Industrial Building Revenue Bond Act
2    by the municipality or county. The lease specified in a bid
3    shall be for a term of not less than the time needed to
4    retire any revenue bonds used to finance the project, but
5    not to exceed 40 years. The lease may grant to the State
6    the option to purchase the structure outright.
7        Upon receipt of the bids, the Department may certify
8    one or more of the bids and shall submit any such bids to
9    the General Assembly for approval. Upon approval of a bid
10    by a constitutional majority of both houses of the General
11    Assembly, pursuant to joint resolution, the Department of
12    Central Management Services may enter into an agreement
13    with the county or municipality pursuant to such bid.
14        (c-5) To build and maintain regional juvenile
15    detention centers and to charge a per diem to the counties
16    as established by the Department to defray the costs of
17    housing each minor in a center. In this subsection (c-5),
18    "juvenile detention center" means a facility to house
19    minors during pendency of trial who have been transferred
20    from proceedings under the Juvenile Court Act of 1987 to
21    prosecutions under the criminal laws of this State in
22    accordance with Section 5-805 of the Juvenile Court Act of
23    1987, whether the transfer was by operation of law or
24    permissive under that Section. The Department shall
25    designate the counties to be served by each regional
26    juvenile detention center.

 

 

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1        (d) To develop and maintain programs of control,
2    rehabilitation and employment of committed persons within
3    its institutions.
4        (d-5) To provide a pre-release job preparation program
5    for inmates at Illinois adult correctional centers.
6        (e) To establish a system of supervision and guidance
7    of committed persons in the community.
8        (f) To establish in cooperation with the Department of
9    Transportation to supply a sufficient number of prisoners
10    for use by the Department of Transportation to clean up the
11    trash and garbage along State, county, township, or
12    municipal highways as designated by the Department of
13    Transportation. The Department of Corrections, at the
14    request of the Department of Transportation, shall furnish
15    such prisoners at least annually for a period to be agreed
16    upon between the Director of Corrections and the Director
17    of Transportation. The prisoners used on this program shall
18    be selected by the Director of Corrections on whatever
19    basis he deems proper in consideration of their term,
20    behavior and earned eligibility to participate in such
21    program - where they will be outside of the prison facility
22    but still in the custody of the Department of Corrections.
23    Prisoners convicted of first degree murder, or a Class X
24    felony, or armed violence, or aggravated kidnapping, or
25    criminal sexual assault, aggravated criminal sexual abuse
26    or a subsequent conviction for criminal sexual abuse, or

 

 

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1    forcible detention, or arson, or a prisoner adjudged a
2    Habitual Criminal shall not be eligible for selection to
3    participate in such program. The prisoners shall remain as
4    prisoners in the custody of the Department of Corrections
5    and such Department shall furnish whatever security is
6    necessary. The Department of Transportation shall furnish
7    trucks and equipment for the highway cleanup program and
8    personnel to supervise and direct the program. Neither the
9    Department of Corrections nor the Department of
10    Transportation shall replace any regular employee with a
11    prisoner.
12        (g) To maintain records of persons committed to it and
13    to establish programs of research, statistics and
14    planning.
15        (h) To investigate the grievances of any person
16    committed to the Department, to inquire into any alleged
17    misconduct by employees or committed persons, and to
18    investigate the assets of committed persons to implement
19    Section 3-7-6 of this Code; and for these purposes it may
20    issue subpoenas and compel the attendance of witnesses and
21    the production of writings and papers, and may examine
22    under oath any witnesses who may appear before it; to also
23    investigate alleged violations of a parolee's or
24    releasee's conditions of parole or release; and for this
25    purpose it may issue subpoenas and compel the attendance of
26    witnesses and the production of documents only if there is

 

 

09800SB1256sam001- 75 -LRB098 06209 KTG 42309 a

1    reason to believe that such procedures would provide
2    evidence that such violations have occurred.
3        If any person fails to obey a subpoena issued under
4    this subsection, the Director may apply to any circuit
5    court to secure compliance with the subpoena. The failure
6    to comply with the order of the court issued in response
7    thereto shall be punishable as contempt of court.
8        (i) To appoint and remove the chief administrative
9    officers, and administer programs of training and
10    development of personnel of the Department. Personnel
11    assigned by the Department to be responsible for the
12    custody and control of committed persons or to investigate
13    the alleged misconduct of committed persons or employees or
14    alleged violations of a parolee's or releasee's conditions
15    of parole shall be conservators of the peace for those
16    purposes, and shall have the full power of peace officers
17    outside of the facilities of the Department in the
18    protection, arrest, retaking and reconfining of committed
19    persons or where the exercise of such power is necessary to
20    the investigation of such misconduct or violations.
21        (j) To cooperate with other departments and agencies
22    and with local communities for the development of standards
23    and programs for better correctional services in this
24    State.
25        (k) To administer all moneys and properties of the
26    Department.

 

 

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1        (l) To report annually to the Governor on the committed
2    persons, institutions and programs of the Department.
3        (l-5) (Blank).
4        (m) To make all rules and regulations and exercise all
5    powers and duties vested by law in the Department.
6        (n) To establish rules and regulations for
7    administering a system of sentence credits, established in
8    accordance with Section 3-6-3, subject to review by the
9    Prisoner Review Board.
10        (o) To administer the distribution of funds from the
11    State Treasury to reimburse counties where State penal
12    institutions are located for the payment of assistant
13    state's attorneys' salaries under Section 4-2001 of the
14    Counties Code.
15        (p) To exchange information with the Department of
16    Human Services and the Department of Healthcare and Family
17    Services for the purpose of verifying living arrangements
18    and for other purposes directly connected with the
19    administration of this Code and the Illinois Public Aid
20    Code.
21        (q) To establish a diversion program.
22        The program shall provide a structured environment for
23    selected technical parole or mandatory supervised release
24    violators and committed persons who have violated the rules
25    governing their conduct while in work release. This program
26    shall not apply to those persons who have committed a new

 

 

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1    offense while serving on parole or mandatory supervised
2    release or while committed to work release.
3        Elements of the program shall include, but shall not be
4    limited to, the following:
5            (1) The staff of a diversion facility shall provide
6        supervision in accordance with required objectives set
7        by the facility.
8            (2) Participants shall be required to maintain
9        employment.
10            (3) Each participant shall pay for room and board
11        at the facility on a sliding-scale basis according to
12        the participant's income.
13            (4) Each participant shall:
14                (A) provide restitution to victims in
15            accordance with any court order;
16                (B) provide financial support to his
17            dependents; and
18                (C) make appropriate payments toward any other
19            court-ordered obligations.
20            (5) Each participant shall complete community
21        service in addition to employment.
22            (6) Participants shall take part in such
23        counseling, educational and other programs as the
24        Department may deem appropriate.
25            (7) Participants shall submit to drug and alcohol
26        screening.

 

 

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1            (8) The Department shall promulgate rules
2        governing the administration of the program.
3        (r) To enter into intergovernmental cooperation
4    agreements under which persons in the custody of the
5    Department may participate in a county impact
6    incarceration program established under Section 3-6038 or
7    3-15003.5 of the Counties Code.
8        (r-5) (Blank).
9        (r-10) To systematically and routinely identify with
10    respect to each streetgang active within the correctional
11    system: (1) each active gang; (2) every existing inter-gang
12    affiliation or alliance; and (3) the current leaders in
13    each gang. The Department shall promptly segregate leaders
14    from inmates who belong to their gangs and allied gangs.
15    "Segregate" means no physical contact and, to the extent
16    possible under the conditions and space available at the
17    correctional facility, prohibition of visual and sound
18    communication. For the purposes of this paragraph (r-10),
19    "leaders" means persons who:
20            (i) are members of a criminal streetgang;
21            (ii) with respect to other individuals within the
22        streetgang, occupy a position of organizer,
23        supervisor, or other position of management or
24        leadership; and
25            (iii) are actively and personally engaged in
26        directing, ordering, authorizing, or requesting

 

 

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1        commission of criminal acts by others, which are
2        punishable as a felony, in furtherance of streetgang
3        related activity both within and outside of the
4        Department of Corrections.
5    "Streetgang", "gang", and "streetgang related" have the
6    meanings ascribed to them in Section 10 of the Illinois
7    Streetgang Terrorism Omnibus Prevention Act.
8        (s) To operate a super-maximum security institution,
9    in order to manage and supervise inmates who are disruptive
10    or dangerous and provide for the safety and security of the
11    staff and the other inmates.
12        (t) To monitor any unprivileged conversation or any
13    unprivileged communication, whether in person or by mail,
14    telephone, or other means, between an inmate who, before
15    commitment to the Department, was a member of an organized
16    gang and any other person without the need to show cause or
17    satisfy any other requirement of law before beginning the
18    monitoring, except as constitutionally required. The
19    monitoring may be by video, voice, or other method of
20    recording or by any other means. As used in this
21    subdivision (1)(t), "organized gang" has the meaning
22    ascribed to it in Section 10 of the Illinois Streetgang
23    Terrorism Omnibus Prevention Act.
24        As used in this subdivision (1)(t), "unprivileged
25    conversation" or "unprivileged communication" means a
26    conversation or communication that is not protected by any

 

 

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1    privilege recognized by law or by decision, rule, or order
2    of the Illinois Supreme Court.
3        (u) To establish a Women's and Children's Pre-release
4    Community Supervision Program for the purpose of providing
5    housing and services to eligible female inmates, as
6    determined by the Department, and their newborn and young
7    children.
8        (u-5) To issue an order, whenever a person committed to
9    the Department absconds or absents himself or herself,
10    without authority to do so, from any facility or program to
11    which he or she is assigned. The order shall be certified
12    by the Director, the Supervisor of the Apprehension Unit,
13    or any person duly designated by the Director, with the
14    seal of the Department affixed. The order shall be directed
15    to all sheriffs, coroners, and police officers, or to any
16    particular person named in the order. Any order issued
17    pursuant to this subdivision (1) (u-5) shall be sufficient
18    warrant for the officer or person named in the order to
19    arrest and deliver the committed person to the proper
20    correctional officials and shall be executed the same as
21    criminal process.
22        (v) To do all other acts necessary to carry out the
23    provisions of this Chapter.
24    (2) The Department of Corrections shall by January 1, 1998,
25consider building and operating a correctional facility within
26100 miles of a county of over 2,000,000 inhabitants, especially

 

 

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1a facility designed to house juvenile participants in the
2impact incarceration program.
3    (3) When the Department lets bids for contracts for medical
4services to be provided to persons committed to Department
5facilities by a health maintenance organization, medical
6service corporation, or other health care provider, the bid may
7only be let to a health care provider that has obtained an
8irrevocable letter of credit or performance bond issued by a
9company whose bonds have an investment grade or higher rating
10by a bond rating organization.
11    (4) When the Department lets bids for contracts for food or
12commissary services to be provided to Department facilities,
13the bid may only be let to a food or commissary services
14provider that has obtained an irrevocable letter of credit or
15performance bond issued by a company whose bonds have an
16investment grade or higher rating by a bond rating
17organization.
18    (5) On and after the date 6 months after the effective date
19of this amendatory Act of the 98th General Assembly, as
20provided in the Executive Order 1 (2012) Implementation Act,
21all of the powers, duties, rights, and responsibilities related
22to State healthcare purchasing under this Code that were
23transferred from the Department of Corrections to the
24Department of Healthcare and Family Services by Executive Order
253 (2005) are transferred back to the Department of Corrections;
26however, powers, duties, rights, and responsibilities related

 

 

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1to State healthcare purchasing under this Code that were
2exercised by the Department of Corrections before the effective
3date of Executive Order 3 (2005) but that pertain to
4individuals resident in facilities operated by the Department
5of Juvenile Justice are transferred to the Department of
6Juvenile Justice.
7(Source: P.A. 96-1265, eff. 7-26-10; 97-697, eff. 6-22-12;
897-800, eff. 7-13-12; 97-802, eff. 7-13-12; revised 7-23-12.)
 
9    (730 ILCS 5/3-2.5-20)
10    Sec. 3-2.5-20. General powers and duties.
11    (a) In addition to the powers, duties, and responsibilities
12which are otherwise provided by law or transferred to the
13Department as a result of this Article, the Department, as
14determined by the Director, shall have, but are not limited to,
15the following rights, powers, functions and duties:
16        (1) To accept juveniles committed to it by the courts
17    of this State for care, custody, treatment, and
18    rehabilitation.
19        (2) To maintain and administer all State juvenile
20    correctional institutions previously under the control of
21    the Juvenile and Women's & Children Divisions of the
22    Department of Corrections, and to establish and maintain
23    institutions as needed to meet the needs of the youth
24    committed to its care.
25        (3) To identify the need for and recommend the funding

 

 

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1    and implementation of an appropriate mix of programs and
2    services within the juvenile justice continuum, including
3    but not limited to prevention, nonresidential and
4    residential commitment programs, day treatment, and
5    conditional release programs and services, with the
6    support of educational, vocational, alcohol, drug abuse,
7    and mental health services where appropriate.
8        (4) To establish and provide transitional and
9    post-release treatment programs for juveniles committed to
10    the Department. Services shall include but are not limited
11    to:
12            (i) family and individual counseling and treatment
13        placement;
14            (ii) referral services to any other State or local
15        agencies;
16            (iii) mental health services;
17            (iv) educational services;
18            (v) family counseling services; and
19            (vi) substance abuse services.
20        (5) To access vital records of juveniles for the
21    purposes of providing necessary documentation for
22    transitional services such as obtaining identification,
23    educational enrollment, employment, and housing.
24        (6) To develop staffing and workload standards and
25    coordinate staff development and training appropriate for
26    juvenile populations.

 

 

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1        (7) To develop, with the approval of the Office of the
2    Governor and the Governor's Office of Management and
3    Budget, annual budget requests.
4        (8) To administer the Interstate Compact for
5    Juveniles, with respect to all juveniles under its
6    jurisdiction, and to cooperate with the Department of Human
7    Services with regard to all non-offender juveniles subject
8    to the Interstate Compact for Juveniles.
9    (b) The Department may employ personnel in accordance with
10the Personnel Code and Section 3-2.5-15 of this Code, provide
11facilities, contract for goods and services, and adopt rules as
12necessary to carry out its functions and purposes, all in
13accordance with applicable State and federal law.
14    (c) On and after the date 6 months after the effective date
15of this amendatory Act of the 98th General Assembly, as
16provided in the Executive Order 1 (2012) Implementation Act,
17all of the powers, duties, rights, and responsibilities related
18to State healthcare purchasing under this Code that were
19transferred from the Department of Corrections to the
20Department of Healthcare and Family Services by Executive Order
213 (2005) are transferred back to the Department of Corrections;
22however, powers, duties, rights, and responsibilities related
23to State healthcare purchasing under this Code that were
24exercised by the Department of Corrections before the effective
25date of Executive Order 3 (2005) but that pertain to
26individuals resident in facilities operated by the Department

 

 

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1of Juvenile Justice are transferred to the Department of
2Juvenile Justice.
3(Source: P.A. 94-696, eff. 6-1-06; 95-937, eff. 8-26-08.)
 
4    Section 997. Severability. The provisions of this Act are
5severable under Section 1.31 of the Statute on Statutes.
 
6    Section 999. Effective date. This Act takes effect upon
7becoming law.".