Full Text of SB3707 96th General Assembly
SB3707 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3707
Introduced 2/11/2010, by Sen. Donne E. Trotter SYNOPSIS AS INTRODUCED: |
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30 ILCS 105/25 |
from Ch. 127, par. 161 |
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Amends the State Finance Act. Provides that, for certain medical payments, outstanding liabilities as of June 30, payable from appropriations that have otherwise expired, may be paid out of the expiring appropriations during the 4-month period ending at the close of business on October 31. Provides that, beginning on July 1, 2010, all outstanding liabilities for those medical payments incurred during a previous fiscal year, not payable during the 4-month lapse period, are limited to an aggregate amount of payments totaling no more than $800,000,000 for claims that were incurred and the claim therefor received in the previous fiscal year. Provides that, beginning on July 1, 2011, all outstanding liabilities for those medical payments incurred during a previous year, not payable during the 4-month lapse period, are limited to an aggregate amount of payments totaling no more than $400,000,000 for claims that were incurred and the claim therefor received in the previous fiscal year. Provides that, beginning on July 1, 2012, all outstanding liabilities for those medical payments, not payable during the 4-month lapse period, that are made from appropriations for that purpose for any fiscal year, without regard to the fact that the medical care services being compensated for by those payments may have been rendered in a prior fiscal year, are limited to only those claims that have been incurred but the claim therefor not received. Effective July 1, 2010.
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A BILL FOR
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SB3707 |
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LRB096 20613 RCE 36321 b |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by changing | 5 |
| Section 25 as follows:
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| (30 ILCS 105/25) (from Ch. 127, par. 161)
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| Sec. 25. Fiscal year limitations.
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| (a) All appropriations shall be
available for expenditure | 9 |
| for the fiscal year or for a lesser period if the
Act making | 10 |
| that appropriation so specifies. A deficiency or emergency
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| appropriation shall be available for expenditure only through | 12 |
| June 30 of
the year when the Act making that appropriation is | 13 |
| enacted unless that Act
otherwise provides.
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| (b) Outstanding liabilities as of June 30, payable from | 15 |
| appropriations
which have otherwise expired, may be paid out of | 16 |
| the expiring
appropriations during the 2-month period ending at | 17 |
| the
close of business on August 31. Any service involving
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| professional or artistic skills or any personal services by an | 19 |
| employee whose
compensation is subject to income tax | 20 |
| withholding must be performed as of June
30 of the fiscal year | 21 |
| in order to be considered an "outstanding liability as of
June | 22 |
| 30" that is thereby eligible for payment out of the expiring
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| appropriation.
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SB3707 |
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LRB096 20613 RCE 36321 b |
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| However, payment of tuition reimbursement claims under | 2 |
| Section 14-7.03 or
18-3 of the School Code may be made by the | 3 |
| State Board of Education from its
appropriations for those | 4 |
| respective purposes for any fiscal year, even though
the claims | 5 |
| reimbursed by the payment may be claims attributable to a prior
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| fiscal year, and payments may be made at the direction of the | 7 |
| State
Superintendent of Education from the fund from which the | 8 |
| appropriation is made
without regard to any fiscal year | 9 |
| limitations.
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| Medical payments may be made by the Department of Veterans' | 11 |
| Affairs from
its
appropriations for those purposes for any | 12 |
| fiscal year, without regard to the
fact that the medical | 13 |
| services being compensated for by such payment may have
been | 14 |
| rendered in a prior fiscal year.
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| Medical payments may be made by the Department of | 16 |
| Healthcare and Family Services and medical payments and child | 17 |
| care
payments may be made by the Department of
Human Services | 18 |
| (as successor to the Department of Public Aid) from
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| appropriations for those purposes for any fiscal year,
without | 20 |
| regard to the fact that the medical or child care services | 21 |
| being
compensated for by such payment may have been rendered in | 22 |
| a prior fiscal
year; and payments may be made at the direction | 23 |
| of the Department of
Central Management Services from the | 24 |
| Health Insurance Reserve Fund and the
Local Government Health | 25 |
| Insurance Reserve Fund without regard to any fiscal
year | 26 |
| limitations.
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LRB096 20613 RCE 36321 b |
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| Medical payments may be made by the Department of Human | 2 |
| Services from its appropriations relating to substance abuse | 3 |
| treatment services for any fiscal year, without regard to the | 4 |
| fact that the medical services being compensated for by such | 5 |
| payment may have been rendered in a prior fiscal year, provided | 6 |
| the payments are made on a fee-for-service basis consistent | 7 |
| with requirements established for Medicaid reimbursement by | 8 |
| the Department of Healthcare and Family Services. | 9 |
| Additionally, payments may be made by the Department of | 10 |
| Human Services from
its appropriations, or any other State | 11 |
| agency from its appropriations with
the approval of the | 12 |
| Department of Human Services, from the Immigration Reform
and | 13 |
| Control Fund for purposes authorized pursuant to the | 14 |
| Immigration Reform
and Control Act of 1986, without regard to | 15 |
| any fiscal year limitations.
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| Further, with respect to costs incurred in fiscal years | 17 |
| 2002 and 2003 only,
payments may be made by the State Treasurer | 18 |
| from its
appropriations
from the Capital Litigation Trust Fund | 19 |
| without regard to any fiscal year
limitations.
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| Lease payments may be made by the Department of Central | 21 |
| Management
Services under the sale and leaseback provisions of
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| Section 7.4 of
the State Property Control Act with respect to | 23 |
| the James R. Thompson Center and
the
Elgin Mental Health Center | 24 |
| and surrounding land from appropriations for that
purpose | 25 |
| without regard to any fiscal year
limitations.
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| Lease payments may be made under the sale and leaseback |
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| provisions of
Section 7.5 of the State Property Control Act | 2 |
| with
respect to the
Illinois State Toll Highway Authority | 3 |
| headquarters building and surrounding
land
without regard to | 4 |
| any fiscal year
limitations.
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| (c) Further, payments may be made by the Department of | 6 |
| Public Health and the
Department of Human Services (acting as | 7 |
| successor to the Department of Public
Health under the | 8 |
| Department of Human Services Act)
from their respective | 9 |
| appropriations for grants for medical care to or on
behalf of | 10 |
| persons
suffering from chronic renal disease, persons | 11 |
| suffering from hemophilia, rape
victims, and premature and | 12 |
| high-mortality risk infants and their mothers and
for grants | 13 |
| for supplemental food supplies provided under the United States
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| Department of Agriculture Women, Infants and Children | 15 |
| Nutrition Program,
for any fiscal year without regard to the | 16 |
| fact that the services being
compensated for by such payment | 17 |
| may have been rendered in a prior fiscal year.
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| (c -1) For all medical payments, as described in paragraphs | 19 |
| (b) and (c) of this Section, outstanding liabilities as of June | 20 |
| 30, payable from appropriations that have otherwise expired, | 21 |
| may be paid out of the expiring appropriations during the | 22 |
| 4-month period ending at the close of business on October 31. | 23 |
| (c-2) Beginning on July 1, 2010, all outstanding | 24 |
| liabilities for medical payments incurred during a previous | 25 |
| fiscal year, not payable during the 4-month lapse period as | 26 |
| described in subsection (c-1), are limited to an aggregate |
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SB3707 |
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LRB096 20613 RCE 36321 b |
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| amount of payments totaling no more than $800,000,000 for | 2 |
| claims that were incurred and the claim therefor received in | 3 |
| the previous fiscal year. Beginning on July 1, 2011, all | 4 |
| outstanding liabilities for medical payments incurred during a | 5 |
| previous year, not payable during the 4-month lapse period as | 6 |
| described in subsection (c-1), are limited to an aggregate | 7 |
| amount of payments totaling no more than $400,000,000 for | 8 |
| claims that were incurred and the claim therefor received in | 9 |
| the previous fiscal year. | 10 |
| (c-3) Beginning on July 1, 2012, all outstanding | 11 |
| liabilities for medical payments, not payable during the | 12 |
| 4-month lapse period as described in subsection (c-1), that are | 13 |
| made from appropriations for that purpose for any fiscal year, | 14 |
| without regard to the fact that the medical care services being | 15 |
| compensated for by those payments may have been rendered in a | 16 |
| prior fiscal year, are limited to only those claims that have | 17 |
| been incurred but the claim therefor not received. | 18 |
| (d) The Department of Public Health and the Department of | 19 |
| Human Services
(acting as successor to the Department of Public | 20 |
| Health under the Department of
Human Services Act) shall each | 21 |
| annually submit to the State Comptroller, Senate
President, | 22 |
| Senate
Minority Leader, Speaker of the House, House Minority | 23 |
| Leader, and the
respective Chairmen and Minority Spokesmen of | 24 |
| the
Appropriations Committees of the Senate and the House, on | 25 |
| or before
December 31, a report of fiscal year funds used to | 26 |
| pay for services
provided in any prior fiscal year. This report |
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| shall document by program or
service category those | 2 |
| expenditures from the most recently completed fiscal
year used | 3 |
| to pay for services provided in prior fiscal years.
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| (e) The Department of Healthcare and Family Services, the | 5 |
| Department of Human Services
(acting as successor to the | 6 |
| Department of Public Aid), and the Department of Human Services | 7 |
| making fee-for-service payments relating to substance abuse | 8 |
| treatment services provided during a previous fiscal year shall | 9 |
| each annually
submit to the State
Comptroller, Senate | 10 |
| President, Senate Minority Leader, Speaker of the House,
House | 11 |
| Minority Leader, the respective Chairmen and Minority | 12 |
| Spokesmen of the
Appropriations Committees of the Senate and | 13 |
| the House, on or before November
30, a report that shall | 14 |
| document by program or service category those
expenditures from | 15 |
| the most recently completed fiscal year used to pay for (i)
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| services provided in prior fiscal years and (ii) services for | 17 |
| which claims were
received in prior fiscal years.
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| (f) The Department of Human Services (as successor to the | 19 |
| Department of
Public Aid) shall annually submit to the State
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| Comptroller, Senate President, Senate Minority Leader, Speaker | 21 |
| of the House,
House Minority Leader, and the respective | 22 |
| Chairmen and Minority Spokesmen of
the Appropriations | 23 |
| Committees of the Senate and the House, on or before
December | 24 |
| 31, a report
of fiscal year funds used to pay for services | 25 |
| (other than medical care)
provided in any prior fiscal year. | 26 |
| This report shall document by program or
service category those |
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| expenditures from the most recently completed fiscal
year used | 2 |
| to pay for services provided in prior fiscal years.
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| (g) In addition, each annual report required to be | 4 |
| submitted by the
Department of Healthcare and Family Services | 5 |
| under subsection (e) shall include the following
information | 6 |
| with respect to the State's Medicaid program:
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| (1) Explanations of the exact causes of the variance | 8 |
| between the previous
year's estimated and actual | 9 |
| liabilities.
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| (2) Factors affecting the Department of Healthcare and | 11 |
| Family Services' liabilities,
including but not limited to | 12 |
| numbers of aid recipients, levels of medical
service | 13 |
| utilization by aid recipients, and inflation in the cost of | 14 |
| medical
services.
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| (3) The results of the Department's efforts to combat | 16 |
| fraud and abuse.
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| (h) As provided in Section 4 of the General Assembly | 18 |
| Compensation Act,
any utility bill for service provided to a | 19 |
| General Assembly
member's district office for a period | 20 |
| including portions of 2 consecutive
fiscal years may be paid | 21 |
| from funds appropriated for such expenditure in
either fiscal | 22 |
| year.
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| (i) An agency which administers a fund classified by the | 24 |
| Comptroller as an
internal service fund may issue rules for:
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| (1) billing user agencies in advance for payments or | 26 |
| authorized inter-fund transfers
based on estimated charges |
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LRB096 20613 RCE 36321 b |
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| for goods or services;
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| (2) issuing credits, refunding through inter-fund | 3 |
| transfers, or reducing future inter-fund transfers
during
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| the subsequent fiscal year for all user agency payments or | 5 |
| authorized inter-fund transfers received during the
prior | 6 |
| fiscal year which were in excess of the final amounts owed | 7 |
| by the user
agency for that period; and
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| (3) issuing catch-up billings to user agencies
during | 9 |
| the subsequent fiscal year for amounts remaining due when | 10 |
| payments or authorized inter-fund transfers
received from | 11 |
| the user agency during the prior fiscal year were less than | 12 |
| the
total amount owed for that period.
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| User agencies are authorized to reimburse internal service | 14 |
| funds for catch-up
billings by vouchers drawn against their | 15 |
| respective appropriations for the
fiscal year in which the | 16 |
| catch-up billing was issued or by increasing an authorized | 17 |
| inter-fund transfer during the current fiscal year. For the | 18 |
| purposes of this Act, "inter-fund transfers" means transfers | 19 |
| without the use of the voucher-warrant process, as authorized | 20 |
| by Section 9.01 of the State Comptroller Act.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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| Section 99. Effective date. This Act takes effect July 1, | 23 |
| 2010.
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