Full Text of SB3815 96th General Assembly
SB3815eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning public aid.
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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 Illinois Public Aid Code is amended by | 5 |
| adding Section 12-4.40 as follows: | 6 |
| (305 ILCS 5/12-4.40 new) | 7 |
| Sec. 12-4.40. Public Benefits Fraud Protection Task Force. | 8 |
| (a) Purpose. The purpose of the Public Benefits Fraud | 9 |
| Protection Task Force is to conduct a thorough review of the | 10 |
| nature of public assistance fraud in the State of Illinois; to | 11 |
| ascertain the feasibility of implementing a mechanism to | 12 |
| determine the pervasiveness and frequency of public assistance | 13 |
| fraud; to calculate the detriment of public assistance fraud to | 14 |
| the financial status and socio-economic status of public aid | 15 |
| recipients specifically and Illinois taxpayers generally; and | 16 |
| to determine if more stringent penalties or compassionate | 17 |
| procedures are necessary. | 18 |
| (b) Definitions. As used in this Section: | 19 |
| "Task Force" means the Public Benefits Fraud Protection | 20 |
| Task Force. | 21 |
| "Public assistance" or "public aid" includes, without | 22 |
| limitation, Medicaid, TANF, the Illinois LINK Program, General | 23 |
| Assistance, Transitional Assistance, the Supplemental |
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| Nutrition Assistance Program, and the Child Care Assistance | 2 |
| Program. | 3 |
| (c) The Public Benefits Fraud Protection Task Force. The | 4 |
| Public Benefits Fraud Protection Task Force is created. The | 5 |
| Task Force shall be composed of 15 members appointed as | 6 |
| follows: | 7 |
| (1) One member of the Illinois Senate appointed by the | 8 |
| President of the Senate, who shall be co-chair to the Task | 9 |
| Force; | 10 |
| (2)
One member of the Illinois Senate appointed by the | 11 |
| Senate Minority Leader; | 12 |
| (3)
One member of the Illinois House of Representatives | 13 |
| appointed by the Speaker of the House of Representatives, | 14 |
| who shall be co-chair to the Task Force; | 15 |
| (4)
One member of the Illinois House of Representatives | 16 |
| appointed by the House Minority Leader; | 17 |
| (5)
The following persons, or their designees: the | 18 |
| Director of Public Health, the Director of Healthcare and | 19 |
| Family Services, and the Secretary of Human Services; | 20 |
| (6)
The Director of the Illinois Department on Aging, | 21 |
| or his or her designee; | 22 |
| (7) The Illinois Auditor General, or his or her | 23 |
| designee; | 24 |
| (8)
The Inspector General of the Illinois Department of | 25 |
| Human Services, or his or her designee; | 26 |
| (9)
A representative from the Illinois State Police |
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| Medicaid Fraud Control Unit; | 2 |
| (10) Three persons, who are not currently employed by a | 3 |
| State agency, appointed by the Secretary of Human Services, | 4 |
| one of whom shall be a person with professional experience | 5 |
| in child care issues, one of whom shall be a person with | 6 |
| knowledge and experience in legal aid services, and one of | 7 |
| whom shall be a person with knowledge and experience in | 8 |
| poverty law; and | 9 |
| (11) The Attorney General, or his or her designee. | 10 |
| (d) Compensation and qualifications. Members shall serve | 11 |
| without compensation and shall be adults and residents of | 12 |
| Illinois. | 13 |
| (e) Appointments. Appointments shall be made 90 days from | 14 |
| the effective date of this amendatory Act of the 96th General | 15 |
| Assembly. | 16 |
| (f) Hearings. The Task Force shall solicit comments from | 17 |
| stakeholders and hold public hearings before filing any report | 18 |
| required by this Section. At the public hearings, the Task | 19 |
| Force shall allow interested persons to present their views and | 20 |
| comments. The Task Force shall submit all reports required by | 21 |
| this Section to the Governor and the General Assembly. In | 22 |
| addition to the reports required by this Section, the Task | 23 |
| Force may provide, at its discretion, interim reports and | 24 |
| recommendations. The Department of Human Services shall | 25 |
| provide administrative support to the Task Force. | 26 |
| (g) Task Force duties. The Task Force shall gather |
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| information and make recommendations relating to at least the | 2 |
| following topics in relation to public assistance fraud: | 3 |
| (1) Reviews of provider billing of public aid claims. | 4 |
| (2) Reviews of recipient utilization of public aid. | 5 |
| (3) Protocols for investigating recipient public aid
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| fraud. | 7 |
| (4) Protocols for investigating provider public aid
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| fraud. | 9 |
| (5) Reporting of alleged fraud by private citizens
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| through qui tam actions. | 11 |
| (6) Examination of current fraud prevention measures
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| which may hinder legitimate aid claims. | 13 |
| (7) Coordination between relevant agencies in fraud
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| investigation. | 15 |
| (8) Financial audit of the current costs borne by aid
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| recipients and Illinois government through fraud. | 17 |
| (9) Examination of enhanced penalties for fraudulent
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| recipients and providers. | 19 |
| (10) Enhanced whistleblower protections. | 20 |
| (11) Partnerships with businesses and community groups
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| to curb fraud. | 22 |
| (h) Task Force recommendations. Any of the findings, | 23 |
| recommendations, public postings, and other relevant | 24 |
| information regarding the Task Force shall be made available on | 25 |
| the Department of Human Services' website. | 26 |
| (i) Reporting requirements. The Task Force shall submit |
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| findings and recommendations to the Governor and the General | 2 |
| Assembly by December 31, 2011, including any necessary | 3 |
| implementing legislation, and recommendations for changes to | 4 |
| policies, rules, or procedures that are not incorporated in the | 5 |
| implementing legislation. | 6 |
| (j) Dissolution of Task Force. The Task Force shall be | 7 |
| dissolved 90 days after its report has been submitted to the | 8 |
| Governor's Office and the General Assembly.
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| Section 99. Effective date. This Act takes effect January | 10 |
| 1, 2011. |
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