Full Text of SB1353 97th General Assembly
SB1353sam001 97TH GENERAL ASSEMBLY | Sen. Jeffrey M. Schoenberg Filed: 4/7/2011
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| 1 | | AMENDMENT TO SENATE BILL 1353
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1353 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Attorney General Act is amended by adding | 5 | | Section 6.7 as follows: | 6 | | (15 ILCS 205/6.7 new) | 7 | | Sec. 6.7. Medicaid Fraud Control Unit. | 8 | | (a) Transfer of Medicaid Fraud Control Unit. | 9 | | (1) Transfer. Subject to subsection (b), on the | 10 | | effective date of this amendatory Act of the 97th General | 11 | | Assembly, all functions performed by the Medicaid Fraud | 12 | | Control Unit created in accordance with 42 U.S.C. 1396b, | 13 | | together with all of the powers, duties, rights, and | 14 | | responsibilities of the Medicaid Fraud Control Unit | 15 | | relating to those functions, are transferred from the | 16 | | Department of State Police to the Office of the Attorney |
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| 1 | | General. | 2 | | The Department of State Police and the Office of the | 3 | | Attorney General shall cooperate to ensure that the | 4 | | transfer of functions is completed as soon as practical. | 5 | | (2) Effect of transfer. Neither the functions of the | 6 | | Medicaid Fraud Control Unit, nor the powers, duties, | 7 | | rights, and responsibilities relating to those functions, | 8 | | that are transferred from the Department of State Police to | 9 | | the Office of the Attorney General under this Section are | 10 | | affected by this amendatory Act of the 97th General | 11 | | Assembly, except that all such functions, powers, duties, | 12 | | rights, and responsibilities shall be performed or | 13 | | exercised within the Office of the Attorney General on and | 14 | | after the effective date of this amendatory Act of the 97th | 15 | | General Assembly. | 16 | | (3) Personnel transferred. The status and rights of the | 17 | | employees in the Department of State Police engaged in the | 18 | | performance of functions relating to the Medicaid Fraud | 19 | | Control Unit shall not be affected by the transfer of those | 20 | | functions from the Department of State Police to the Office | 21 | | of the Attorney General under this Section. The rights of | 22 | | those employees as derived from the State of Illinois and | 23 | | its agencies under the Personnel Code, the applicable | 24 | | collective bargaining agreements, or any pension, | 25 | | retirement, or annuity plan shall not be affected by this | 26 | | Section. Personnel employed by the Department of State |
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| 1 | | Police who are affected by this Section shall continue | 2 | | their service within the Office of the Attorney General. | 3 | | (4) Books and records transferred. All books, records, | 4 | | papers, documents, contracts, and pending business | 5 | | pertaining to the Medicaid Fraud Control Unit, including | 6 | | but not limited to material in electronic or magnetic | 7 | | format, shall be transferred to the Office of the Attorney | 8 | | General. The transfer of that information shall not, | 9 | | however, violate any applicable confidentiality | 10 | | constraints. | 11 | | (5) Unexpended moneys transferred. All unexpended | 12 | | appropriation balances and other funds otherwise available | 13 | | to the Department of State Police for use in connection | 14 | | with the Medicaid Fraud Control Unit shall be transferred | 15 | | and made available to the Office of the Attorney General | 16 | | for use in connection with the Medicaid Fraud Control Unit. | 17 | | (6) Exercise of transferred powers; savings | 18 | | provisions. The powers, duties, rights, and | 19 | | responsibilities relating to the Medicaid Fraud Control | 20 | | Unit transferred from the Department of State Police to the | 21 | | Office of the Attorney General under this Section are | 22 | | vested in and shall be exercised by the Office of the | 23 | | Attorney General. Each act done in exercise of those | 24 | | powers, duties, rights, and responsibilities shall have | 25 | | the same legal effect as if done by the Department of State | 26 | | Police or its divisions, officers, or employees. |
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| 1 | | (7) Officers and others; duties; penalties. Every | 2 | | employee, agent, or officer of the Office of the Attorney | 3 | | General is subject to the same obligations and duties, and | 4 | | has the same rights, as are prescribed by law in connection | 5 | | with the exercise of any power, duty, right, or | 6 | | responsibility transferred under this Section. | 7 | | Every employee, agent, or officer of the Office of the | 8 | | Attorney General is subject to the same penalty or | 9 | | penalties, civil or criminal, as are prescribed by law for | 10 | | the same offense by any employee, agent, or officer whose | 11 | | powers, duties, rights, or responsibilities are | 12 | | transferred under this Section. | 13 | | (8) Reports, notices, or papers. Whenever reports or | 14 | | notices are required to be made or given or papers or | 15 | | documents furnished or served by any person to or upon the | 16 | | Department of State Police in connection with any of the | 17 | | functions relating to the Medicaid Fraud Control Unit, the | 18 | | same shall be made, given, furnished, or served in the same | 19 | | manner to or upon the Office of the Attorney General. | 20 | | (9) Acts and actions unaffected by transfer. This | 21 | | Section does not affect any act completed, ratified, or | 22 | | canceled, or any right occurring or established, before the | 23 | | effective date of this amendatory Act of the 97th General | 24 | | Assembly in connection with any function transferred under | 25 | | this Section. This Section does not affect any action or | 26 | | proceeding had or commenced before the effective date of |
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| 1 | | this amendatory Act of the 97th General Assembly in an | 2 | | administrative, civil, or criminal cause regarding any | 3 | | function transferred under this Section, but any such | 4 | | action or proceeding may be continued by the Office of the | 5 | | Attorney General. | 6 | | (10) For the purposes of the Successor Agency Act, the | 7 | | Office of the Attorney General is declared to be the | 8 | | successor agency of the Department of State Police, but | 9 | | only with respect to the functions that are transferred to | 10 | | the Office of the Attorney General under this Section. | 11 | | (b) Federal approvals or certifications. Notwithstanding | 12 | | any provision of subsection (a), if any federal approvals or | 13 | | certifications are required before effectuating the transfer | 14 | | described in subsection (a), the transfer is not operative | 15 | | until all required federal approvals and certifications have | 16 | | been secured. | 17 | | Section 10. The Illinois Act on the Aging is amended by | 18 | | changing Section 4.04a as follows:
| 19 | | (20 ILCS 105/4.04a)
| 20 | | Sec. 4.04a. Illinois Long-Term Care Council.
| 21 | | (a) Purpose. The purpose of this Section is to ensure that | 22 | | consumers over
the age of 60
residing in facilities licensed or | 23 | | regulated under the Nursing Home Care Act,
Skilled Nursing and | 24 | | Intermediate Care Facilities Code, Sheltered Care
Facilities |
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| 1 | | Code, and the Illinois Veterans' Homes Code receive high
| 2 | | quality long-term care through an effective
Illinois Long-Term | 3 | | Care Council.
| 4 | | (b) Maintenance and operation of the Illinois Long-Term | 5 | | Care Council.
| 6 | | (1) The Department shall develop a fair and impartial | 7 | | process for
recruiting and
receiving nominations for | 8 | | members for
the Illinois
Long-Term Care Council from the | 9 | | State Long-Term Care Ombudsman, the area
agencies on aging, | 10 | | regional ombudsman
programs, provider agencies, and other | 11 | | public agencies, using a nomination form
provided by the | 12 | | Department.
| 13 | | (2) The Department shall appoint members to the
| 14 | | Illinois Long-Term Care Council in a timely manner.
| 15 | | (3) The Department shall consider and act in good faith | 16 | | regarding
the Illinois Long-Term Care Council's annual | 17 | | report and its recommendations.
| 18 | | (4) The Director shall appoint to
the Illinois | 19 | | Long-Term Care Council at least 18 but not more than 25 | 20 | | members.
| 21 | | (c) Responsibilities of the State Long-Term Care | 22 | | Ombudsman, area agencies on
aging, regional long-term care
| 23 | | ombudsman
programs, and provider agencies. The State Long-Term | 24 | | Care Ombudsman and each
area agency on aging, regional | 25 | | long-term
care
ombudsman program, and provider agency shall | 26 | | solicit names and
recommend members to the Department for |
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| 1 | | appointment to the Illinois Long-Term
Care Council.
| 2 | | (d) Powers and duties. The Illinois Long-Term Care Council | 3 | | shall do the
following:
| 4 | | (1) Make recommendations and comment on issues | 5 | | pertaining to long-term
care and the State Long-Term Care | 6 | | Ombudsman Program to the
Department.
| 7 | | (2) Advise the Department on matters pertaining to the | 8 | | quality of life and
quality of care in the continuum of | 9 | | long-term care.
| 10 | | (3) Evaluate, comment on reports regarding, and make | 11 | | recommendations on,
the
quality of life and quality of care | 12 | | in long-term care facilities and on the
duties and
| 13 | | responsibilities of the State Long-Term Care Ombudsman | 14 | | Program.
| 15 | | (4) Prepare and circulate an annual report to the | 16 | | Governor, the General
Assembly,
and other interested | 17 | | parties concerning the duties and accomplishments of the
| 18 | | Illinois Long-Term Care Council and all other related | 19 | | matters pertaining to
long-term care
and the
protection of | 20 | | residents' rights.
| 21 | | (5) Provide an opportunity for public input at each | 22 | | scheduled meeting.
| 23 | | (6) Make recommendations to the Director, upon his or | 24 | | her request, as to
individuals who are capable of serving | 25 | | as the State Long-Term Care Ombudsman
and who should make | 26 | | appropriate application for that position should it become
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| 1 | | vacant.
| 2 | | (e) Composition and operation. The Illinois Long-Term Care | 3 | | Council shall
be composed of at least 18 but not more than 25 | 4 | | members concerned about the
quality of life in long-term care | 5 | | facilities and protecting the rights of
residents,
including | 6 | | members from long-term care facilities.
The State Long-Term | 7 | | Care Ombudsman shall be a permanent member of the
Long-Term | 8 | | Care Council.
Members
shall be appointed for a 4-year term with | 9 | | initial appointments staggered with
2-year, 3-year, and 4-year | 10 | | terms. A lottery will determine the terms of office
for the
| 11 | | members of the first term. Members may be reappointed to a term | 12 | | but no
member may be reappointed to more than 2 consecutive | 13 | | terms. The Illinois
Long-Term Care Council shall meet a minimum | 14 | | of 3 times per calendar year.
| 15 | | (f) Member requirements. All members shall be individuals | 16 | | who have
demonstrated concern about the quality of life in | 17 | | long-term care facilities. A
minimum of 3 members must be | 18 | | current or former residents of long-term care
facilities or the | 19 | | family member of a current or former resident of a long-term
| 20 | | care
facility. A minimum of 2 members shall represent current | 21 | | or former long-term
care
facility resident councils or family | 22 | | councils. A minimum of 4 members shall be
selected from | 23 | | recommendations by organizations whose members consist of
| 24 | | long-term care facilities.
A representative of long-term care
| 25 | | facility employees must also be included as a member.
A minimum | 26 | | of 2 members shall be selected from recommendations of
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| 1 | | membership-based senior advocacy groups or consumer | 2 | | organizations that engage
solely in
legal representation on | 3 | | behalf of residents and immediate families.
There shall be
| 4 | | non-voting State agency members on the Long-Term Care Council | 5 | | from the
following agencies: (i) the
Department of Veterans' | 6 | | Affairs; (ii) the Department of Human Services; (iii)
the
| 7 | | Department of Public Health; (iv) the Department on Aging; (v) | 8 | | the Department
of
Healthcare and Family Services; (vi) the | 9 | | Illinois State Police Medicaid Fraud Control Unit; and
(vii)
| 10 | | others as appropriate.
| 11 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 12 | | Section 15. The Illinois Public Aid Code is amended by | 13 | | changing Section 8A-7 and by changing and renumbering Section | 14 | | 12-4.40, as added by Public Act 96-1346, as follows:
| 15 | | (305 ILCS 5/8A-7) (from Ch. 23, par. 8A-7)
| 16 | | Sec. 8A-7. Civil Remedies. (a) A person who receives | 17 | | financial aid by
means of a false statement, willful | 18 | | misrepresentation or by his failure
to notify the county | 19 | | department or local governmental unit, as the case
may be, of a | 20 | | change in his status as required by Sections 11-18 and 11-19,
| 21 | | for the purpose of preventing the denial, cancellation or | 22 | | suspension of
his grant, or a variation in the amount thereof, | 23 | | or by other fraudulent
device, or a person who knowingly aids | 24 | | or abets any person in obtaining
financial aid for which he is |
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| 1 | | not eligible, shall be answerable to the county
department or | 2 | | the local governmental unit, as the case may be, for refunding
| 3 | | the entire amount of aid received. If the refund is not made, | 4 | | it shall be
recoverable in a civil action from the person who | 5 | | received the aid, or from
anyone who willfully aided such | 6 | | person to obtain the aid. If an act which
would be unlawful | 7 | | under Section 8A-2 is proven, the court may as a penalty
assess | 8 | | an additional sum of money, not to exceed the entire amount of | 9 | | aid
provided, against the recipient or against any person who | 10 | | willfully aided
the recipient. If assessed, the penalty shall | 11 | | be included in any judgment
entered for the aid received, and | 12 | | paid to the county department or the
local governmental unit, | 13 | | as the case may be. Upon entry of the judgment a
lien shall | 14 | | attach to all property and assets of such person until the
| 15 | | judgment is satisfied.
| 16 | | (b) Any person, firm, corporation, association, agency, | 17 | | institution or
other legal entity, other than an individual | 18 | | recipient, that willfully,
by means of a false statement or | 19 | | representation, or by concealment of any
material fact or by | 20 | | other fraudulent scheme or device on behalf of himself
or | 21 | | others, obtains or attempts to obtain benefits or payments | 22 | | under this
Code to which he or it is not entitled, or in a | 23 | | greater amount than that
to which he or it is entitled, shall | 24 | | be liable for repayment of any excess
benefits or payments | 25 | | received and, in addition to any other penalties provided
by | 26 | | law, civil penalties consisting of (1) the interest on the |
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| 1 | | amount of
excess benefits or payments at the maximum legal rate | 2 | | in effect on the date
the payment was made to such person, | 3 | | firm, corporation, association, agency,
institution or other | 4 | | legal entity for the period from the date upon which
payment | 5 | | was made to the date upon which repayment is made to the State,
| 6 | | (2) an amount not to exceed 3 times the amount of such excess | 7 | | benefits or
payments, and (3) the sum of $2,000 for each | 8 | | excessive claim for benefits
or payments. Upon entry of a | 9 | | judgment for repayment of any excess benefits
or payments, or | 10 | | for any civil penalties assessed by the court, a lien shall
| 11 | | attach to all property and assets of such person, firm, | 12 | | corporation,
association, agency, institution or other legal | 13 | | entity until the judgment is satisfied.
| 14 | | (c) Civil recoveries provided for in this Section may be | 15 | | recoverable in
court proceedings initiated by the Attorney | 16 | | General or, in actions
involving a local governmental unit, by | 17 | | the State's Attorney.
| 18 | | (d) Any person who commits the offense of vendor fraud or | 19 | | recipient
fraud as defined in Section 8A-2 and Section 8A-3 of | 20 | | this Article shall
forfeit, according to the provisions
of this | 21 | | subsection, any monies, profits or proceeds, and any interest | 22 | | or
property which the sentencing court determines he has | 23 | | acquired or maintained,
directly or indirectly, in whole or in | 24 | | part as a result of such offense.
Such person shall also | 25 | | forfeit any interest in, securities of, claim against,
or | 26 | | contractual right of any kind which affords him a source of |
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| 1 | | influence
over, any enterprise which he has established, | 2 | | operated, controlled, conducted,
or participated in | 3 | | conducting, where his relationship to or connection with
any | 4 | | such thing or activity directly or indirectly, in whole or in | 5 | | part,
is traceable to any thing or benefit which he has | 6 | | obtained or acquired through
vendor fraud or recipient fraud.
| 7 | | Proceedings instituted pursuant to this subsection shall | 8 | | be subject to
and conducted in accordance with the following | 9 | | procedures:
| 10 | | (1) The sentencing court shall, upon petition by the | 11 | | Attorney General
or State's Attorney at any time following | 12 | | sentencing, conduct a hearing
to determine whether any property | 13 | | or property interest is subject to forfeiture
under this | 14 | | subsection. At the forfeiture hearing the People shall have
the | 15 | | burden of establishing, by a preponderance of the evidence, | 16 | | that the
property or property interests are subject to such | 17 | | forfeiture.
| 18 | | (2) In any action brought by the People of the State of | 19 | | Illinois under
this Section, in which any restraining order, | 20 | | injunction or prohibition or
any other action in connection | 21 | | with any property or interest subject to
forfeiture under this | 22 | | subsection is sought, the circuit court presiding
over the | 23 | | trial of the person charged with recipient fraud or
vendor | 24 | | fraud as defined in Sections 8A-2 or 8A-3 of this Article shall
| 25 | | first determine whether there is probable cause to believe that | 26 | | the person
so charged has committed the offense of recipient |
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| 1 | | fraud or
vendor fraud and whether the property or interest is | 2 | | subject to forfeiture
under this subsection. To make such a | 3 | | determination, prior to
entering any such order, the court | 4 | | shall conduct a hearing without a jury,
at which the People | 5 | | shall establish that there is (i) probable cause that
the | 6 | | person so charged has committed the offense of recipient
fraud | 7 | | or vendor fraud and (ii) probable cause that any property or | 8 | | interest
may be subject to forfeiture pursuant to this | 9 | | subsection. Such hearing may
be conducted simultaneously with a | 10 | | preliminary hearing, if the prosecution
is commenced by | 11 | | information or complaint, or by motion of the People at any
| 12 | | stage in the proceedings. The court may accept a finding of | 13 | | probable cause
at a preliminary hearing following the filing of | 14 | | an information charging
the offense of recipient fraud or | 15 | | vendor fraud as defined in Sections 8A-2
or 8A-3 or the return | 16 | | of an indictment by a grand jury charging the offense
of | 17 | | recipient fraud or vendor fraud as defined in Sections 8A-2 or | 18 | | 8A-3 of
this Article as sufficient evidence of probable cause | 19 | | as provided in item
(i) above. Upon such a finding, the circuit | 20 | | court shall enter such
restraining order, injunction or | 21 | | prohibition, or shall take such other
action in connection with | 22 | | any such property or other interest subject to
forfeiture under | 23 | | this Act as is necessary to insure that such property is
not | 24 | | removed from the jurisdiction of the court, concealed, | 25 | | destroyed or
otherwise disposed of by the owner of that | 26 | | property or interest prior to a
forfeiture hearing under this |
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| 1 | | subsection. The Attorney General or State's
Attorney shall file | 2 | | a certified copy of such restraining order, injunction
or other | 3 | | prohibition with the recorder of deeds or registrar of titles | 4 | | of
each county where any such property of the defendant may be | 5 | | located. No
such injunction, restraining order or other | 6 | | prohibition shall affect the
rights of any bonafide purchaser, | 7 | | mortgagee, judgement creditor or other
lien holder arising | 8 | | prior to the date of such filing. The court may, at
any time, | 9 | | upon verified petition by the defendant, conduct a hearing to
| 10 | | determine whether all or portions of any such property or | 11 | | interest which
the court previously determined to be subject to | 12 | | forfeiture
or subject to any restraining order, injunction, or | 13 | | prohibition or other
action, should be released. The court may | 14 | | in its discretion release such
property to the defendant for | 15 | | good cause shown.
| 16 | | (3) Upon conviction of a person under this Article, the | 17 | | court shall
authorize the Director of the Illinois Department | 18 | | of State Police to seize
all property or other interest | 19 | | declared forfeited under this subsection upon
such terms and | 20 | | conditions as the court shall deem proper.
| 21 | | (4) The Director of the Illinois Department of State Police | 22 | | is
authorized to sell all property forfeited and seized | 23 | | pursuant to this
subsection, unless such property is
required | 24 | | by law to be destroyed or is harmful to the public.
After the | 25 | | deduction of all requisite expenses of administration and
sale, | 26 | | the court shall order the Director to distribute to the |
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| 1 | | Illinois
Department an amount from the proceeds of the | 2 | | forfeited property, or monies
forfeited or seized, which will | 3 | | satisfy any unsatisfied court order of
restitution entered | 4 | | pursuant to a conviction under this Article. If the
proceeds | 5 | | are less than the amount necessary to satisfy the order of
| 6 | | restitution, the Director shall distribute to the Illinois | 7 | | Department the
entire amount of the remaining proceeds. The | 8 | | Director shall distribute any
remaining proceeds of such sale, | 9 | | along with any monies forfeited or seized,
in accordance with | 10 | | the following schedules:
| 11 | | (a) 25% shall be distributed to the unit of local | 12 | | government whose
officers or employees conducted the | 13 | | investigation into recipient fraud or
vendor fraud and caused | 14 | | the arrest or arrests and prosecution leading to
the | 15 | | forfeiture. Amounts distributed to units of local government | 16 | | shall be
used solely for enforcement matters relating to | 17 | | detection, investigation or
prosecution of recipient fraud or | 18 | | vendor fraud as defined in Section 8A-2
or 8A-3 of this | 19 | | Article. Where the investigation, arrest or arrests leading to
| 20 | | the prosecution and forfeiture is undertaken solely by the | 21 | | Illinois
Department of State Police, the portion provided | 22 | | hereunder shall be paid
into the Medicaid Fraud and Abuse | 23 | | Prevention Fund, which is hereby created
in the State treasury. | 24 | | Monies from this fund shall be used by the
Department of State | 25 | | Police for the furtherance of enforcement matters
relating to | 26 | | detection, investigation or prosecution of recipient fraud or
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| 1 | | vendor fraud. Monies directed to this fund shall be used in | 2 | | addition to,
and not as a substitute for, funds annually | 3 | | appropriated to the Department
of State Police for medicaid | 4 | | fraud enforcement.
| 5 | | (b) 25% shall be distributed to the county in which the | 6 | | prosecution and
petition for forfeiture resulting in the | 7 | | forfeiture was instituted,
and deposited in a special fund in | 8 | | the county treasury
and appropriated to the State's Attorney | 9 | | for use solely in enforcement
matters relating to detection, | 10 | | investigation or prosecution of recipient
fraud or vendor | 11 | | fraud; however, if the Attorney General brought the
prosecution | 12 | | resulting in the forfeiture, the portion provided hereunder
| 13 | | shall be paid into the Medicaid Fraud and Abuse Prevention | 14 | | Fund, to be used
by the Medicaid Fraud Control Unit of the | 15 | | Illinois Department of State Police
for enforcement matters | 16 | | relating to detection, investigation or prosecution
of | 17 | | recipient fraud or vendor fraud. Where the Attorney General and | 18 | | a
State's Attorney have jointly participated in any portion of | 19 | | the
proceedings, 12.5% shall be distributed to the county in | 20 | | which the
prosecution resulting in the forfeiture was | 21 | | instituted, and used as
specified herein, and 12.5% shall be | 22 | | paid into the Medicaid Fraud and Abuse
Prevention Fund, and | 23 | | used as specified herein.
| 24 | | (c) 50% shall be transmitted to the State Treasurer for | 25 | | deposit in the
General Revenue Fund.
| 26 | | (Source: P.A. 85-707.)
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| 1 | | (305 ILCS 5/12-4.41)
| 2 | | Sec. 12-4.41 12-4.40 . Public Benefits Fraud Protection | 3 | | Task Force. | 4 | | (a) Purpose. The purpose of the Public Benefits Fraud | 5 | | Protection Task Force is to conduct a thorough review of the | 6 | | nature of public assistance fraud in the State of Illinois; to | 7 | | ascertain the feasibility of implementing a mechanism to | 8 | | determine the pervasiveness and frequency of public assistance | 9 | | fraud; to calculate the detriment of public assistance fraud to | 10 | | the financial status and socio-economic status of public aid | 11 | | recipients specifically and Illinois taxpayers generally; and | 12 | | to determine if more stringent penalties or compassionate | 13 | | procedures are necessary. | 14 | | (b) Definitions. As used in this Section: | 15 | | "Task Force" means the Public Benefits Fraud Protection | 16 | | Task Force. | 17 | | "Public assistance" or "public aid" includes, without | 18 | | limitation, Medicaid, TANF, the Illinois LINK Program, General | 19 | | Assistance, Transitional Assistance, the Supplemental | 20 | | Nutrition Assistance Program, and the Child Care Assistance | 21 | | Program. | 22 | | (c) The Public Benefits Fraud Protection Task Force. The | 23 | | Public Benefits Fraud Protection Task Force is created. The | 24 | | Task Force shall be composed of 17 members appointed as | 25 | | follows: |
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| 1 | | (1) One member of the Illinois Senate appointed by the | 2 | | President of the Senate, who shall be co-chair to the Task | 3 | | Force; | 4 | | (2)
One member of the Illinois Senate appointed by the | 5 | | Senate Minority Leader; | 6 | | (3)
One member of the Illinois House of Representatives | 7 | | appointed by the Speaker of the House of Representatives, | 8 | | who shall be co-chair to the Task Force; | 9 | | (4)
One member of the Illinois House of Representatives | 10 | | appointed by the House Minority Leader; | 11 | | (5)
The following persons, or their designees: the | 12 | | Director of Public Health, the Director of Healthcare and | 13 | | Family Services, and the Secretary of Human Services; | 14 | | (6)
The Director of the Illinois Department on Aging, | 15 | | or his or her designee; | 16 | | (7) The Executive Inspector General appointed by the | 17 | | Governor, or his or her designee; | 18 | | (8)
The Inspector General of the Illinois Department of | 19 | | Human Services, or his or her designee; | 20 | | (9)
A representative from the Illinois State Police | 21 | | Medicaid Fraud Control Unit; | 22 | | (10) Three persons, who are not currently employed by a | 23 | | State agency, appointed by the Secretary of Human Services, | 24 | | one of whom shall be a person with professional experience | 25 | | in child care issues, one of whom shall be a person with | 26 | | knowledge and experience in legal aid services, and one of |
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| 1 | | whom shall be a person with knowledge and experience in | 2 | | poverty law; | 3 | | (11) The Attorney General, or his or her designee; | 4 | | (12) A representative of a union representing front | 5 | | line State employees who administer public benefits | 6 | | programs; and | 7 | | (13) A representative of a statewide business | 8 | | association. | 9 | | (d) Compensation and qualifications. Members shall serve | 10 | | without compensation and shall be adults and residents of | 11 | | Illinois. | 12 | | (e) Appointments. Appointments shall be made 90 days from | 13 | | the effective date of this amendatory Act of the 96th General | 14 | | Assembly. | 15 | | (f) Hearings. The Task Force shall solicit comments from | 16 | | stakeholders and hold public hearings before filing any report | 17 | | required by this Section. At the public hearings, the Task | 18 | | Force shall allow interested persons to present their views and | 19 | | comments. The Task Force shall submit all reports required by | 20 | | this Section to the Governor and the General Assembly. In | 21 | | addition to the reports required by this Section, the Task | 22 | | Force may provide, at its discretion, interim reports and | 23 | | recommendations. The Department of Human Services shall | 24 | | provide administrative support to the Task Force. | 25 | | (g) Task Force duties. The Task Force shall gather | 26 | | information and make recommendations relating to at least the |
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| 1 | | following topics in relation to public assistance fraud: | 2 | | (1) Reviews of provider billing of public aid claims. | 3 | | (2) Reviews of recipient utilization of public aid. | 4 | | (3) Protocols for investigating recipient public aid
| 5 | | fraud. | 6 | | (4) Protocols for investigating provider public aid
| 7 | | fraud. | 8 | | (5) Reporting of alleged fraud by private citizens
| 9 | | through qui tam actions. | 10 | | (6) Examination of current fraud prevention measures
| 11 | | which may hinder legitimate aid claims. | 12 | | (7) Coordination between relevant agencies in fraud
| 13 | | investigation. | 14 | | (8) Financial audit of the current costs borne by aid
| 15 | | recipients and Illinois government through fraud. | 16 | | (9) Examination of enhanced penalties for fraudulent
| 17 | | recipients and providers. | 18 | | (10) Enhanced whistleblower protections. | 19 | | (11) Voluntary assistance from businesses and | 20 | | community groups in efforts to curb fraud. | 21 | | (h) Task Force recommendations. Any of the findings, | 22 | | recommendations, public postings, and other relevant | 23 | | information regarding the Task Force shall be made available on | 24 | | the Department of Human Services' website. | 25 | | (i) Reporting requirements. The Task Force shall submit | 26 | | findings and recommendations to the Governor and the General |
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| 1 | | Assembly by December 31, 2011, including any necessary | 2 | | implementing legislation, and recommendations for changes to | 3 | | policies, rules, or procedures that are not incorporated in the | 4 | | implementing legislation. | 5 | | (j) Dissolution of Task Force. The Task Force shall be | 6 | | dissolved 90 days after its report has been submitted to the | 7 | | Governor's Office and the General Assembly.
| 8 | | (Source: P.A. 96-1346, eff. 1-1-11; revised 9-9-10.)
| 9 | | Section 99. Effective date. This Act takes effect January | 10 | | 1, 2012.".
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