Full Text of SB3707 96th General Assembly
SB3707eng 96TH GENERAL ASSEMBLY
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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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| 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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| 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) All outstanding liabilities for medical payments | 24 |
| incurred during a previous fiscal year, not payable during the | 25 |
| 4-month lapse period as described in subsection (c-1), are | 26 |
| limited to an aggregate amount of payments totaling no more |
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| than as follows for the fiscal year beginning July 1 as | 2 |
| follows: 2010, $1,080,000,000; 2011, $960,000,000; 2012, | 3 |
| $840,000,000; 2013, $720,000,000; 2014, $600,000,000; 2015, | 4 |
| $480,000,000; 2016, $360,000,000; 2017, $240,000,000; and | 5 |
| 2018, $120,000,000. | 6 |
| (c-3) Beginning on July 1, 2019, all outstanding | 7 |
| liabilities for medical payments, not payable during the | 8 |
| 4-month lapse period as described in subsection (c-1), that are | 9 |
| made from appropriations for that purpose for any fiscal year, | 10 |
| without regard to the fact that the medical care services being | 11 |
| compensated for by those payments may have been rendered in a | 12 |
| prior fiscal year, are limited to only those claims that have | 13 |
| been incurred but the claim therefor not received. | 14 |
| (d) The Department of Public Health and the Department of | 15 |
| Human Services
(acting as successor to the Department of Public | 16 |
| Health under the Department of
Human Services Act) shall each | 17 |
| annually submit to the State Comptroller, Senate
President, | 18 |
| Senate
Minority Leader, Speaker of the House, House Minority | 19 |
| Leader, and the
respective Chairmen and Minority Spokesmen of | 20 |
| the
Appropriations Committees of the Senate and the House, on | 21 |
| or before
December 31, a report of fiscal year funds used to | 22 |
| pay for services
provided in any prior fiscal year. This report | 23 |
| shall document by program or
service category those | 24 |
| expenditures from the most recently completed fiscal
year used | 25 |
| to pay for services provided in prior fiscal years.
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| (e) The Department of Healthcare and Family Services, the |
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| Department of Human Services
(acting as successor to the | 2 |
| Department of Public Aid), and the Department of Human Services | 3 |
| making fee-for-service payments relating to substance abuse | 4 |
| treatment services provided during a previous fiscal year shall | 5 |
| each annually
submit to the State
Comptroller, Senate | 6 |
| President, Senate Minority Leader, Speaker of the House,
House | 7 |
| Minority Leader, the respective Chairmen and Minority | 8 |
| Spokesmen of the
Appropriations Committees of the Senate and | 9 |
| the House, on or before November
30, a report that shall | 10 |
| document by program or service category those
expenditures from | 11 |
| 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 | 13 |
| which claims were
received in prior fiscal years.
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| (f) The Department of Human Services (as successor to the | 15 |
| Department of
Public Aid) shall annually submit to the State
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| Comptroller, Senate President, Senate Minority Leader, Speaker | 17 |
| of the House,
House Minority Leader, and the respective | 18 |
| Chairmen and Minority Spokesmen of
the Appropriations | 19 |
| Committees of the Senate and the House, on or before
December | 20 |
| 31, a report
of fiscal year funds used to pay for services | 21 |
| (other than medical care)
provided in any prior fiscal year. | 22 |
| This report shall document by program or
service category those | 23 |
| expenditures from the most recently completed fiscal
year used | 24 |
| to pay for services provided in prior fiscal years.
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| (g) In addition, each annual report required to be | 26 |
| submitted by the
Department of Healthcare and Family Services |
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| under subsection (e) shall include the following
information | 2 |
| with respect to the State's Medicaid program:
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| (1) Explanations of the exact causes of the variance | 4 |
| between the previous
year's estimated and actual | 5 |
| liabilities.
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| (2) Factors affecting the Department of Healthcare and | 7 |
| Family Services' liabilities,
including but not limited to | 8 |
| numbers of aid recipients, levels of medical
service | 9 |
| utilization by aid recipients, and inflation in the cost of | 10 |
| medical
services.
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| (3) The results of the Department's efforts to combat | 12 |
| fraud and abuse.
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| (h) As provided in Section 4 of the General Assembly | 14 |
| Compensation Act,
any utility bill for service provided to a | 15 |
| General Assembly
member's district office for a period | 16 |
| including portions of 2 consecutive
fiscal years may be paid | 17 |
| from funds appropriated for such expenditure in
either fiscal | 18 |
| year.
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| (i) An agency which administers a fund classified by the | 20 |
| Comptroller as an
internal service fund may issue rules for:
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| (1) billing user agencies in advance for payments or | 22 |
| authorized inter-fund transfers
based on estimated charges | 23 |
| for goods or services;
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| (2) issuing credits, refunding through inter-fund | 25 |
| transfers, or reducing future inter-fund transfers
during
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| the subsequent fiscal year for all user agency payments or |
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| authorized inter-fund transfers received during the
prior | 2 |
| fiscal year which were in excess of the final amounts owed | 3 |
| by the user
agency for that period; and
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| (3) issuing catch-up billings to user agencies
during | 5 |
| the subsequent fiscal year for amounts remaining due when | 6 |
| payments or authorized inter-fund transfers
received from | 7 |
| the user agency during the prior fiscal year were less than | 8 |
| the
total amount owed for that period.
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| User agencies are authorized to reimburse internal service | 10 |
| funds for catch-up
billings by vouchers drawn against their | 11 |
| respective appropriations for the
fiscal year in which the | 12 |
| catch-up billing was issued or by increasing an authorized | 13 |
| inter-fund transfer during the current fiscal year. For the | 14 |
| purposes of this Act, "inter-fund transfers" means transfers | 15 |
| without the use of the voucher-warrant process, as authorized | 16 |
| 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 10. The Illinois Public Aid Code is amended by | 19 |
| changing Section 5-16 as follows: | 20 |
| (305 ILCS 5/5-16) (from Ch. 23, par. 5-16) | 21 |
| Sec. 5-16. Managed Care. The Illinois Department may | 22 |
| develop and implement
a Primary Care Sponsor System consistent | 23 |
| with the provisions of this Section.
The purpose of this | 24 |
| managed care delivery system shall be to contain the costs
of |
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| providing medical care to Medicaid recipients by having one | 2 |
| provider
responsible for managing all aspects of a recipient's | 3 |
| medical care. This
managed care system shall have the following | 4 |
| characteristics: | 5 |
| (a) The Department, by rule, shall establish criteria | 6 |
| to determine
which clients must participate in this | 7 |
| program; | 8 |
| (b) Providers participating in the program may be paid | 9 |
| an
amount per patient per month, to be set by the Illinois | 10 |
| Department, for
managing each recipient's medical care; | 11 |
| (c) Providers eligible to participate in the program | 12 |
| shall be
physicians licensed to practice medicine in all | 13 |
| its branches, and the
Illinois Department may terminate a | 14 |
| provider's participation if the
provider is determined to | 15 |
| have failed to comply with any applicable program
standard | 16 |
| or procedure established by the Illinois Department; | 17 |
| (d) Each recipient required to participate in the | 18 |
| program must select
from a panel of primary care providers | 19 |
| or networks established by the
Department in their | 20 |
| communities; | 21 |
| (e) A recipient may change his designated primary care | 22 |
| provider: | 23 |
| (1) when the designated source becomes | 24 |
| unavailable, as the Illinois
Department shall | 25 |
| determine by rule; or | 26 |
| (2) when the designated primary care provider |
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| notifies the Illinois
Department that it wishes to | 2 |
| withdraw from any obligation as primary care
provider; | 3 |
| or | 4 |
| (3) in other situations, as the Illinois | 5 |
| Department shall provide by
rule; | 6 |
| (f) The Illinois Department shall, by rule, establish | 7 |
| procedures for
providing medical services when the | 8 |
| designated source becomes unavailable or
wishes to | 9 |
| withdraw from any obligation as primary care provider | 10 |
| taking into
consideration the need for emergency or | 11 |
| temporary medical assistance and
ensuring that the | 12 |
| recipient has continuous and unrestricted access to | 13 |
| medical
care from the date on which such unavailability or | 14 |
| withdrawal becomes effective
until such time as the | 15 |
| recipient designates a primary care source; | 16 |
| (g) Only medical care services authorized by a | 17 |
| recipient's designated
provider, except for emergency | 18 |
| services, services performed by a provider
that is owned or | 19 |
| operated by a county and that provides non-emergency
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| services without regard to ability to pay and such other | 21 |
| services as provided
by the Illinois Department, shall be | 22 |
| subject to payment by the Illinois
Department. The Illinois | 23 |
| Department shall enter into an
intergovernmental agreement | 24 |
| with each county that owns or operates such a
provider to | 25 |
| develop and implement policies to minimize the provision of
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| medical care services provided by county owned or operated |
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| providers
pursuant to the foregoing exception. | 2 |
| The Illinois Department shall seek and obtain necessary | 3 |
| authorization
provided under federal law to implement such a | 4 |
| program including the waiver of
any federal regulations. | 5 |
| At least 75% of all enrollees receiving full medical | 6 |
| assistance benefits under any program operated by the | 7 |
| Department of Healthcare and Family Services shall be enrolled | 8 |
| in some form of managed care as of the effective date of this | 9 |
| amendatory Act of the 96th General Assembly. | 10 |
| The Illinois Department may implement the amendatory | 11 |
| changes to
this Section made by this amendatory Act of 1991 | 12 |
| through the use of emergency
rules in accordance with the | 13 |
| provisions of Section 5.02 of the Illinois
Administrative | 14 |
| Procedure Act. For purposes of the Illinois Administrative
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| Procedure Act, the adoption of rules to implement the | 16 |
| amendatory changes to
this Section made by this amendatory Act | 17 |
| of 1991 shall be deemed an emergency
and necessary for the | 18 |
| public interest, safety and welfare. | 19 |
| The Illinois Department may establish a managed care system | 20 |
| demonstration
program, on a limited basis, as described in this | 21 |
| Section. The demonstration
program shall terminate on June 30, | 22 |
| 1997. Within 30 days after the end of each
year of the | 23 |
| demonstration program's operation, the Illinois Department | 24 |
| shall
report to the Governor and the General Assembly | 25 |
| concerning the operation of the
demonstration program. | 26 |
| (Source: P.A. 87-14; 88-490.)
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| Section 99. Effective date. This Act takes effect July 1, | 2 |
| 2010.
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