Full Text of SB0538 94th General Assembly
SB0538enr 94TH GENERAL ASSEMBLY
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| AN ACT in relation to fraud.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Emergency Medical Services (EMS) Systems Act | 5 |
| is amended by adding Section 3.133 as follows: | 6 |
| (210 ILCS 50/3.133 new) | 7 |
| Sec. 3.133. Suspension of license for failure to pay | 8 |
| restitution. The Department, without further process or | 9 |
| hearing, shall suspend the license or other authorization to | 10 |
| practice of any person issued under this Act who has been | 11 |
| certified by court order as not having paid restitution to a | 12 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 13 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 14 |
| license or other authorization to practice is suspended under | 15 |
| this Section is prohibited from practicing until the | 16 |
| restitution is made in full. | 17 |
| Section 10. The Acupuncture Practice Act is amended by | 18 |
| adding Section 117 as follows: | 19 |
| (225 ILCS 2/117 new) | 20 |
| Sec. 117. Suspension of license for failure to pay | 21 |
| restitution. The Department, without further process or | 22 |
| hearing, shall suspend the license or other authorization to | 23 |
| practice of any person issued under this Act who has been | 24 |
| certified by court order as not having paid restitution to a | 25 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 26 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 27 |
| license or other authorization to practice is suspended under | 28 |
| this Section is prohibited from practicing until the | 29 |
| restitution is made in full. |
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| Section 15. The Illinois Athletic Trainers Practice Act is | 2 |
| amended by adding Section 16.5 as follows: | 3 |
| (225 ILCS 5/16.5 new) | 4 |
| Sec. 16.5. Suspension of license for failure to pay | 5 |
| restitution. The Department, without further process or | 6 |
| hearing, shall suspend the license or other authorization to | 7 |
| practice of any person issued under this Act who has been | 8 |
| certified by court order as not having paid restitution to a | 9 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 10 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 11 |
| license or other authorization to practice is suspended under | 12 |
| this Section is prohibited from practicing until the | 13 |
| restitution is made in full. | 14 |
| Section 20. The Clinical Psychologist Licensing Act is | 15 |
| amended by adding Section 15.1 as follows: | 16 |
| (225 ILCS 15/15.1 new) | 17 |
| Sec. 15.1. Suspension of license for failure to pay | 18 |
| restitution. The Department, without further process or | 19 |
| hearing, shall suspend the license or other authorization to | 20 |
| practice of any person issued under this Act who has been | 21 |
| certified by court order as not having paid restitution to a | 22 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 23 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 24 |
| license or other authorization to practice is suspended under | 25 |
| this Section is prohibited from practicing until the | 26 |
| restitution is made in full. | 27 |
| Section 25. The Clinical Social Work and Social Work | 28 |
| Practice Act is amended by adding Section 19.5 as follows: | 29 |
| (225 ILCS 20/19.5 new) | 30 |
| Sec. 19.5. Suspension of license for failure to pay | 31 |
| restitution. The Department, without further process or |
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| hearing, shall suspend the license or other authorization to | 2 |
| practice of any person issued under this Act who has been | 3 |
| certified by court order as not having paid restitution to a | 4 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 5 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 6 |
| license or other authorization to practice is suspended under | 7 |
| this Section is prohibited from practicing until the | 8 |
| restitution is made in full. | 9 |
| Section 30. The Illinois Dental Practice Act is amended by | 10 |
| adding Section 23c as follows: | 11 |
| (225 ILCS 25/23c new) | 12 |
| Sec. 23c. Suspension of license for failure to pay | 13 |
| restitution. The Department, without further process or | 14 |
| hearing, shall suspend the license or other authorization to | 15 |
| practice of any person issued under this Act who has been | 16 |
| certified by court order as not having paid restitution to a | 17 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 18 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 19 |
| license or other authorization to practice is suspended under | 20 |
| this Section is prohibited from practicing until the | 21 |
| restitution is made in full. | 22 |
| Section 35. The Hearing Instrument Consumer Protection Act | 23 |
| is amended by adding Section 18.5 as follows: | 24 |
| (225 ILCS 50/18.5 new) | 25 |
| Sec. 18.5. Suspension of license for failure to pay | 26 |
| restitution. The Department, without further process or | 27 |
| hearing, shall suspend the license or other authorization to | 28 |
| practice of any person issued under this Act who has been | 29 |
| certified by court order as not having paid restitution to a | 30 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 31 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 32 |
| license or other authorization to practice is suspended under |
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| this Section is prohibited from practicing until the | 2 |
| restitution is made in full. | 3 |
| Section 40. The Home Medical Equipment and Services | 4 |
| Provider License Act is amended by adding Section 77 as | 5 |
| follows: | 6 |
| (225 ILCS 51/77 new) | 7 |
| Sec. 77. Suspension of license for failure to pay | 8 |
| restitution. The Department, without further process or | 9 |
| hearing, shall suspend the license or other authorization to | 10 |
| practice of any person issued under this Act who has been | 11 |
| certified by court order as not having paid restitution to a | 12 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 13 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 14 |
| license or other authorization to practice is suspended under | 15 |
| this Section is prohibited from practicing until the | 16 |
| restitution is made in full. | 17 |
| Section 45. The Marriage and Family Therapy Licensing Act | 18 |
| is amended by adding Section 87 as follows: | 19 |
| (225 ILCS 55/87 new) | 20 |
| Sec. 87. Suspension of license for failure to pay | 21 |
| restitution. The Department, without further process or | 22 |
| hearing, shall suspend the license or other authorization to | 23 |
| practice of any person issued under this Act who has been | 24 |
| certified by court order as not having paid restitution to a | 25 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 26 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 27 |
| license or other authorization to practice is suspended under | 28 |
| this Section is prohibited from practicing until the | 29 |
| restitution is made in full. | 30 |
| Section 50. The Medical Practice Act of 1987 is amended by | 31 |
| adding Section 22.5 as follows: |
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| (225 ILCS 60/22.5 new) | 2 |
| Sec. 22.5. Suspension of license for failure to pay | 3 |
| restitution. The Department, without further process or | 4 |
| hearing, shall suspend the license or other authorization to | 5 |
| practice of any person issued under this Act who has been | 6 |
| certified by court order as not having paid restitution to a | 7 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 8 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 9 |
| license or other authorization to practice is suspended under | 10 |
| this Section is prohibited from practicing until the | 11 |
| restitution is made in full. | 12 |
| Section 55. The Naprapathic Practice Act is amended by | 13 |
| adding Section 113 as follows: | 14 |
| (225 ILCS 63/113 new) | 15 |
| Sec. 113. Suspension of license for failure to pay | 16 |
| restitution. The Department, without further process or | 17 |
| hearing, shall suspend the license or other authorization to | 18 |
| practice of any person issued under this Act who has been | 19 |
| certified by court order as not having paid restitution to a | 20 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 21 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 22 |
| license or other authorization to practice is suspended under | 23 |
| this Section is prohibited from practicing until the | 24 |
| restitution is made in full. | 25 |
| Section 60. The Nursing and Advanced Practice Nursing Act | 26 |
| is amended by adding Section 20-13 as follows: | 27 |
| (225 ILCS 65/20-13 new) | 28 |
| Sec. 20-13. Suspension of license or registration for | 29 |
| failure to pay restitution. The Department, without further | 30 |
| process or hearing, shall suspend the license or other | 31 |
| authorization to practice of any person issued under this Act |
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| who has been certified by court order as not having paid | 2 |
| restitution to a person under Section 8A-3.5 of the Illinois | 3 |
| Public Aid Code or under Section 46-1 of the Criminal Code of | 4 |
| 1961. A person whose license or other authorization to practice | 5 |
| is suspended under this Section is prohibited from practicing | 6 |
| until the restitution is made in full. | 7 |
| Section 65. The Illinois Occupational Therapy Practice Act | 8 |
| is amended by adding Section 19.17 as follows: | 9 |
| (225 ILCS 75/19.17 new) | 10 |
| Sec. 19.17. Suspension of license for failure to pay | 11 |
| restitution. The Department, without further process or | 12 |
| hearing, shall suspend the license or other authorization to | 13 |
| practice of any person issued under this Act who has been | 14 |
| certified by court order as not having paid restitution to a | 15 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 16 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 17 |
| license or other authorization to practice is suspended under | 18 |
| this Section is prohibited from practicing until the | 19 |
| restitution is made in full. | 20 |
| Section 70. The Illinois Optometric Practice Act of 1987 is | 21 |
| amended by adding Section 24.5 as follows: | 22 |
| (225 ILCS 80/24.5 new) | 23 |
| Sec. 24.5. Suspension of license for failure to pay | 24 |
| restitution. The Department, without further process or | 25 |
| hearing, shall suspend the license or other authorization to | 26 |
| practice of any person issued under this Act who has been | 27 |
| certified by court order as not having paid restitution to a | 28 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 29 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 30 |
| license or other authorization to practice is suspended under | 31 |
| this Section is prohibited from practicing until the | 32 |
| restitution is made in full. |
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| Section 75. The Orthotics, Prosthetics, and Pedorthics | 2 |
| Practice Act is amended by adding Section 93 as follows: | 3 |
| (225 ILCS 84/93 new) | 4 |
| Sec. 93. Suspension of license for failure to pay | 5 |
| restitution. The Department, without further process or | 6 |
| hearing, shall suspend the license or other authorization to | 7 |
| practice of any person issued under this Act who has been | 8 |
| certified by court order as not having paid restitution to a | 9 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 10 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 11 |
| license or other authorization to practice is suspended under | 12 |
| this Section is prohibited from practicing until the | 13 |
| restitution is made in full. | 14 |
| Section 80. The Pharmacy Practice Act of 1987 is amended by | 15 |
| adding Section 30.5 as follows: | 16 |
| (225 ILCS 85/30.5 new) | 17 |
| Sec. 30.5. Suspension of license or certificate for failure | 18 |
| to pay restitution. The Department, without further process or | 19 |
| hearing, shall suspend the license or other authorization to | 20 |
| practice of any person issued under this Act who has been | 21 |
| certified by court order as not having paid restitution to a | 22 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 23 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 24 |
| license or other authorization to practice is suspended under | 25 |
| this Section is prohibited from practicing until the | 26 |
| restitution is made in full. | 27 |
| Section 85. The Illinois Physical Therapy Act is amended by | 28 |
| adding Section 17.5 as follows: | 29 |
| (225 ILCS 90/17.5 new) | 30 |
| Sec. 17.5. Suspension of license for failure to pay |
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SB0538 Enrolled |
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LRB094 09496 RLC 39747 b |
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| restitution. The Department, without further process or | 2 |
| hearing, shall suspend the license or other authorization to | 3 |
| practice of any person issued under this Act who has been | 4 |
| certified by court order as not having paid restitution to a | 5 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 6 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 7 |
| license or other authorization to practice is suspended under | 8 |
| this Section is prohibited from practicing until the | 9 |
| restitution is made in full. | 10 |
| Section 90. The Physician Assistant Practice Act of 1987 is | 11 |
| amended by adding Section 21.5 as follows: | 12 |
| (225 ILCS 95/21.5 new) | 13 |
| Sec. 21.5. Suspension of license for failure to pay | 14 |
| restitution. The Department, without further process or | 15 |
| hearing, shall suspend the license or other authorization to | 16 |
| practice of any person issued under this Act who has been | 17 |
| certified by court order as not having paid restitution to a | 18 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 19 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 20 |
| license or other authorization to practice is suspended under | 21 |
| this Section is prohibited from practicing until the | 22 |
| restitution is made in full. | 23 |
| Section 95. The Podiatric Medical Practice Act of 1987 is | 24 |
| amended by adding Section 24.5 as follows: | 25 |
| (225 ILCS 100/24.5 new) | 26 |
| Sec. 24.5. Suspension of license for failure to pay | 27 |
| restitution. The Department, without further process or | 28 |
| hearing, shall suspend the license or other authorization to | 29 |
| practice of any person issued under this Act who has been | 30 |
| certified by court order as not having paid restitution to a | 31 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 32 |
| under Section 46-1 of the Criminal Code of 1961. A person whose |
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LRB094 09496 RLC 39747 b |
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| license or other authorization to practice is suspended under | 2 |
| this Section is prohibited from practicing until the | 3 |
| restitution is made in full. | 4 |
| Section 100. The Respiratory Care Practice Act is amended | 5 |
| by adding Section 97 as follows: | 6 |
| (225 ILCS 106/97 new) | 7 |
| Sec. 97. Suspension of license for failure to pay | 8 |
| restitution. The Department, without further process or | 9 |
| hearing, shall suspend the license or other authorization to | 10 |
| practice of any person issued under this Act who has been | 11 |
| certified by court order as not having paid restitution to a | 12 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 13 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 14 |
| license or other authorization to practice is suspended under | 15 |
| this Section is prohibited from practicing until the | 16 |
| restitution is made in full. | 17 |
| Section 105. The Professional Counselor and Clinical | 18 |
| Professional Counselor
Licensing Act is amended by adding | 19 |
| Section 83 as follows: | 20 |
| (225 ILCS 107/83 new) | 21 |
| Sec. 83. Suspension of license for failure to pay | 22 |
| restitution. The Department, without further process or | 23 |
| hearing, shall suspend the license or other authorization to | 24 |
| practice of any person issued under this Act who has been | 25 |
| certified by court order as not having paid restitution to a | 26 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 27 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 28 |
| license or other authorization to practice is suspended under | 29 |
| this Section is prohibited from practicing until the | 30 |
| restitution is made in full. | 31 |
| Section 110. The Illinois Speech-Language Pathology and
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| Audiology Practice Act is amended by adding Section 16.3 as | 2 |
| follows: | 3 |
| (225 ILCS 110/16.3 new) | 4 |
| Sec. 16.3. Suspension of license for failure to pay | 5 |
| restitution. The Department, without further process or | 6 |
| hearing, shall suspend the license or other authorization to | 7 |
| practice of any person issued under this Act who has been | 8 |
| certified by court order as not having paid restitution to a | 9 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 10 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 11 |
| license or other authorization to practice is suspended under | 12 |
| this Section is prohibited from practicing until the | 13 |
| restitution is made in full. | 14 |
| Section 115. The Perfusionist Practice Act is amended by | 15 |
| adding Section 107 as follows: | 16 |
| (225 ILCS 125/107 new) | 17 |
| Sec. 107. Suspension of license for failure to pay | 18 |
| restitution. The Department, without further process or | 19 |
| hearing, shall suspend the license or other authorization to | 20 |
| practice of any person issued under this Act who has been | 21 |
| certified by court order as not having paid restitution to a | 22 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 23 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 24 |
| license or other authorization to practice is suspended under | 25 |
| this Section is prohibited from practicing until the | 26 |
| restitution is made in full. | 27 |
| Section 120. The Registered Surgical Assistant and | 28 |
| Registered Surgical
Technologist Title Protection Act is | 29 |
| amended by adding Section 77 as follows: | 30 |
| (225 ILCS 130/77 new) | 31 |
| Sec. 77. Suspension of registration for failure to pay |
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SB0538 Enrolled |
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LRB094 09496 RLC 39747 b |
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| restitution. The Department, without further process or | 2 |
| hearing, shall suspend the license or other authorization to | 3 |
| practice of any person issued under this Act who has been | 4 |
| certified by court order as not having paid restitution to a | 5 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 6 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 7 |
| license or other authorization to practice is suspended under | 8 |
| this Section is prohibited from practicing until the | 9 |
| restitution is made in full. | 10 |
| Section 125. The Genetic Counselor Licensing Act is amended | 11 |
| by adding Section 97 as follows: | 12 |
| (225 ILCS 135/97 new) | 13 |
| Sec. 97. Suspension of license for failure to pay | 14 |
| restitution. The Department, without further process or | 15 |
| hearing, shall suspend the license or other authorization to | 16 |
| practice of any person issued under this Act who has been | 17 |
| certified by court order as not having paid restitution to a | 18 |
| person under Section 8A-3.5 of the Illinois Public Aid Code or | 19 |
| under Section 46-1 of the Criminal Code of 1961. A person whose | 20 |
| license or other authorization to practice is suspended under | 21 |
| this Section is prohibited from practicing until the | 22 |
| restitution is made in full. | 23 |
| Section 130. The Illinois Public Aid Code is amended by | 24 |
| adding Sections 8A-3.5 and 8A-3.6 as follows: | 25 |
| (305 ILCS 5/8A-3.5 new) | 26 |
| Sec. 8A-3.5. Vendor fraud and recipient fraud in medical | 27 |
| assistance; restitution. A person convicted of recipient | 28 |
| fraud, unauthorized use of medical assistance, vendor fraud in | 29 |
| relation to the provision of medical assistance under Article V | 30 |
| of this Code, or convicted of a federal criminal violation | 31 |
| associated with defrauding the Medicaid program shall be | 32 |
| ordered to pay
monetary
restitution to a person for any
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| financial loss
sustained by that person as a result of a | 2 |
| violation of Section 8A-2, 8A-2.5, or 8A-3 of this Code, | 3 |
| including any court costs
and attorney
fees. An order of | 4 |
| restitution also includes expenses incurred and paid
in | 5 |
| connection with any medical evaluation or treatment. | 6 |
| (305 ILCS 5/8A-3.6 new) | 7 |
| Sec. 8A-3.6. Actions by State licensing agencies.
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| (a) All State licensing agencies, the Illinois State | 9 |
| Police, and
the
Department of Financial and Professional | 10 |
| Regulation shall coordinate enforcement efforts relating to | 11 |
| acts
of recipient fraud, unauthorized use of medical | 12 |
| assistance, or vendor fraud in relation to the provision of | 13 |
| medical assistance under Article V of this Code. | 14 |
| (b) If a person who is licensed or registered under the | 15 |
| laws of the State of
Illinois to engage in a business or | 16 |
| profession is convicted of or pleads
guilty to engaging
in an | 17 |
| act of recipient fraud, unauthorized use of medical assistance, | 18 |
| or vendor fraud in relation to the provision of medical | 19 |
| assistance under Article V of this Code, the Illinois State | 20 |
| Police must forward
to each
State agency by which the person is | 21 |
| licensed or registered a copy of the
conviction or
plea and all | 22 |
| supporting evidence. | 23 |
| (c) Any agency that receives information under this Section | 24 |
| shall, not later
than
6 months after the date on which it | 25 |
| receives the information, publicly report the final action
| 26 |
| taken
against the convicted person, including but not limited | 27 |
| to the revocation or
suspension
of the license or any other | 28 |
| disciplinary action taken. | 29 |
| Section 135. The Criminal Code of 1961 is amended by | 30 |
| changing Section 46-1 and by adding Section 46-6 as follows:
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| (720 ILCS 5/46-1)
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| Sec. 46-1. Insurance fraud.
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| (a) A person commits the offense of insurance fraud when he |
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| or she knowingly
obtains, attempts to obtain, or causes to be
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| obtained, by deception, control over the property of an | 3 |
| insurance
company or self-insured entity by
the making of a | 4 |
| false claim or by causing a false claim to be made on any
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| policy of insurance issued by an insurance
company or by the | 6 |
| making of a false claim to a self-insured entity,
intending to | 7 |
| deprive an insurance
company or self-insured entity | 8 |
| permanently of the use and
benefit of that property.
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| (b) Sentence.
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| (1) A violation of this Section in which the value of | 11 |
| the property
obtained or attempted to be obtained is $300 | 12 |
| or less is a Class A misdemeanor.
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| (2) A violation of the Section in which the value of | 14 |
| the property
obtained or attempted to be obtained is more | 15 |
| than $300 but not more than
$10,000 is a Class 3 felony.
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| (3) A violation of this Section in which the value of | 17 |
| the property
obtained or attempted to be obtained is more | 18 |
| than $10,000 but not more than
$100,000 is a Class 2 | 19 |
| felony.
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| (4) A violation of this Section in which the value of | 21 |
| the property
obtained or attempted to be obtained is more | 22 |
| than $100,000 is a Class 1 felony. | 23 |
| (5) A person convicted of insurance fraud, vendor | 24 |
| fraud, or a federal criminal violation associated with | 25 |
| defrauding the Medicaid program shall be ordered to pay
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| monetary
restitution to the insurance company or | 27 |
| self-insured entity or any other person for any
financial | 28 |
| loss
sustained as a result of a violation of this Section, | 29 |
| including any court costs
and attorney
fees. An order of | 30 |
| restitution also includes expenses incurred and paid by
the | 31 |
| State of Illinois or an insurance company or self-insured | 32 |
| entity
in connection with any medical evaluation or | 33 |
| treatment services.
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| (c) For the purposes of this Article, where the exact value
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| of property
obtained or attempted to be obtained is either not | 36 |
| alleged by the accused or
not specifically set by the terms of |
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| a policy of insurance, the
value of the
property shall be the | 2 |
| fair market replacement value of the property claimed
to be | 3 |
| lost, the reasonable costs of reimbursing a vendor or other | 4 |
| claimant
for services to be rendered, or both.
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| (d) Definitions. For the purposes of this Article:
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| (1) "Insurance company" means "company" as defined | 7 |
| under Section 2 of the
Illinois Insurance Code.
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| (2) "Self-insured entity" means any person, business, | 9 |
| partnership,
corporation, or organization that sets aside | 10 |
| funds to meet his, her, or its
losses or to absorb | 11 |
| fluctuations in the amount of loss, the losses being
| 12 |
| charged against the funds set aside or accumulated.
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| (3) "Obtain", "obtains control", "deception", | 14 |
| "property" and "permanent
deprivation"
have the meanings | 15 |
| ascribed to those terms in Article 15 of this Code.
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| (4) "Governmental entity" means each officer, board, | 17 |
| commission, and
agency created by the constitution, | 18 |
| whether in the executive, legislative, or
judicial branch | 19 |
| of State government; each officer, department, board,
| 20 |
| commission, agency, institution, authority, university, | 21 |
| and body politic and
corporate of the State; each | 22 |
| administrative unit or corporate outgrowth of
State | 23 |
| government that is created by or pursuant to
statute, | 24 |
| including units of local government and their officers, | 25 |
| school
districts, and boards of election commissioners; | 26 |
| and each administrative unit
or corporate outgrowth of the | 27 |
| above and as may be created by executive order of
the | 28 |
| Governor.
| 29 |
| (5) "False claim" means any statement made to any | 30 |
| insurer, purported
insurer, servicing corporation, | 31 |
| insurance broker, or insurance agent, or any
agent or | 32 |
| employee of the entities, and made as part of, or in | 33 |
| support of, a
claim for
payment or other benefit under a | 34 |
| policy of insurance, or as part of, or
in support of, an | 35 |
| application for the issuance of, or the rating of, any
| 36 |
| insurance policy, when the statement contains any false, |
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| 1 |
| incomplete, or
misleading information concerning any fact | 2 |
| or thing material to the claim, or
conceals the occurrence | 3 |
| of an event that is material to any person's initial or
| 4 |
| continued right or entitlement to any insurance benefit or | 5 |
| payment, or the
amount of any benefit or payment to which | 6 |
| the person is entitled.
| 7 |
| (6) "Statement" means any assertion, oral, written, or | 8 |
| otherwise, and
includes, but is not limited to, any notice, | 9 |
| letter, or memorandum; proof of
loss; bill of lading; | 10 |
| receipt for payment; invoice, account, or other financial
| 11 |
| statement; estimate of property damage; bill for services; | 12 |
| diagnosis or
prognosis;
prescription; hospital, medical or | 13 |
| dental chart or other record, x-ray,
photograph, | 14 |
| videotape, or movie film; test result; other evidence of | 15 |
| loss,
injury, or expense; computer-generated document; and | 16 |
| data in any form.
| 17 |
| (Source: P.A. 90-333, eff. 1-1-98; 91-232, eff. 1-1-00.)
| 18 |
| (720 ILCS 5/46-6 new) | 19 |
| Sec. 46-6. Actions by State licensing agencies.
| 20 |
| (a) All State licensing agencies, the Illinois State | 21 |
| Police, and
the
Department of Financial and Professional | 22 |
| Regulation shall coordinate enforcement efforts relating to | 23 |
| acts
of
insurance fraud. | 24 |
| (b) If a person who is licensed or registered under the | 25 |
| laws of the State of
Illinois to engage in a business or | 26 |
| profession is convicted of or pleads
guilty to engaging
in an | 27 |
| act of insurance fraud, the Illinois State Police must forward
| 28 |
| to each
State agency by which the person is licensed or | 29 |
| registered a copy of the
conviction or
plea and all supporting | 30 |
| evidence. | 31 |
| (c) Any agency that receives information under this Section | 32 |
| shall, not later
than
6 months after the date on which it | 33 |
| receives the information, publicly report the final action
| 34 |
| taken
against the convicted person, including but not limited | 35 |
| to the revocation or
suspension
of the license or any other |
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| 1 |
| disciplinary action taken.
| 2 |
| Section 999. Effective date. This Act takes effect January | 3 |
| 1, 2006.
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|