Full Text of HB3841 97th General Assembly
HB3841 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3841 Introduced 10/19/2011, by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
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305 ILCS 5/12-9 | from Ch. 23, par. 12-9 |
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Amend the Administration Article of the Illinois Public Aid Code. Adds federal financial participation revenue related to eligible disbursements made by the Department of Healthcare and Family Services to the list of monies funding the Public Aid Recoveries Trust Fund. Effective January 1, 2012.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Section 12-9 as follows:
| 6 | | (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
| 7 | | Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The | 8 | | Public Aid Recoveries Trust Fund shall consist of (1)
| 9 | | recoveries by the Department of Healthcare and Family Services | 10 | | (formerly Illinois Department of Public Aid) authorized by this | 11 | | Code
in respect to applicants or recipients under Articles III, | 12 | | IV, V, and VI,
including recoveries made by the Department of | 13 | | Healthcare and Family Services (formerly Illinois Department | 14 | | of Public
Aid) from the estates of deceased recipients, (2) | 15 | | recoveries made by the
Department of Healthcare and Family | 16 | | Services (formerly Illinois Department of Public Aid) in | 17 | | respect to applicants and recipients under
the Children's | 18 | | Health Insurance Program Act, the Covering ALL KIDS Health | 19 | | Insurance Act, and the Senior Citizens and Disabled Persons | 20 | | Property Tax Relief and Pharmaceutical Assistance Act, (3) | 21 | | federal funds received on
behalf of and earned by State | 22 | | universities and local governmental entities
for services | 23 | | provided to
applicants or recipients covered under this Code, |
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| 1 | | the Children's Health Insurance Program Act, the Covering ALL | 2 | | KIDS Health Insurance Act, and the Senior Citizens and Disabled | 3 | | Persons Property Tax Relief and Pharmaceutical Assistance Act, | 4 | | (3.5) federal financial participation revenue related to | 5 | | eligible disbursements made by the Department of Healthcare and | 6 | | Family Services from appropriations required by this Section, | 7 | | and (4) all other moneys received to the Fund, including | 8 | | interest thereon. The Fund shall be held
as a special fund in | 9 | | the State Treasury.
| 10 | | Disbursements from this Fund shall be only (1) for the | 11 | | reimbursement of
claims collected by the Department of | 12 | | Healthcare and Family Services (formerly Illinois Department | 13 | | of Public Aid) through error
or mistake, (2) for payment to | 14 | | persons or agencies designated as payees or
co-payees on any | 15 | | instrument, whether or not negotiable, delivered to the
| 16 | | Department of Healthcare and Family Services (formerly
| 17 | | Illinois Department of Public Aid) as a recovery under this | 18 | | Section, such
payment to be in proportion to the respective | 19 | | interests of the payees in the
amount so collected, (3) for | 20 | | payments to the Department of Human Services
for collections | 21 | | made by the Department of Healthcare and Family Services | 22 | | (formerly Illinois Department of Public Aid) on behalf of
the | 23 | | Department of Human Services under this Code, the Children's | 24 | | Health Insurance Program Act, and the Covering ALL KIDS Health | 25 | | Insurance Act, (4) for payment of
administrative expenses | 26 | | incurred in performing the
activities authorized under this |
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| 1 | | Code, the Children's Health Insurance Program Act, the Covering | 2 | | ALL KIDS Health Insurance Act, and the Senior Citizens and | 3 | | Disabled Persons Property Tax Relief and Pharmaceutical | 4 | | Assistance Act, (5)
for payment of fees to persons or agencies | 5 | | in the performance of activities
pursuant to the collection of | 6 | | monies owed the State that are collected
under this Code, the | 7 | | Children's Health Insurance Program Act, the Covering ALL KIDS | 8 | | Health Insurance Act, and the Senior Citizens and Disabled | 9 | | Persons Property Tax Relief and Pharmaceutical Assistance Act, | 10 | | (6) for payments of any amounts which are
reimbursable to the | 11 | | federal government which are required to be paid by State
| 12 | | warrant by either the State or federal government, and (7) for | 13 | | payments
to State universities and local governmental entities | 14 | | of federal funds for
services provided to
applicants or | 15 | | recipients covered under this Code, the Children's Health | 16 | | Insurance Program Act, the Covering ALL KIDS Health Insurance | 17 | | Act, and the Senior Citizens and Disabled Persons Property Tax | 18 | | Relief and Pharmaceutical Assistance Act. Disbursements
from | 19 | | this Fund for purposes of items (4) and (5) of this
paragraph | 20 | | shall be subject to appropriations from the Fund to the | 21 | | Department of Healthcare and Family Services (formerly | 22 | | Illinois
Department of Public Aid).
| 23 | | The balance in this Fund on the first day of each calendar | 24 | | quarter, after
payment therefrom of any amounts reimbursable to | 25 | | the federal government, and
minus the amount reasonably | 26 | | anticipated to be needed to make the disbursements
during that |
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| 1 | | quarter authorized by this Section, shall be certified by the
| 2 | | Director of Healthcare and Family Services and transferred by | 3 | | the
State Comptroller to the Drug Rebate Fund or the Healthcare | 4 | | Provider Relief Fund in
the State Treasury, as appropriate, | 5 | | within 30 days of the first day of
each calendar quarter. The | 6 | | Director of Healthcare and Family Services may certify and the | 7 | | State Comptroller shall transfer to the Drug Rebate Fund | 8 | | amounts on a more frequent basis.
| 9 | | On July 1, 1999, the State Comptroller shall transfer the | 10 | | sum of $5,000,000
from the Public Aid Recoveries Trust Fund | 11 | | (formerly the Public Assistance
Recoveries Trust Fund) into the | 12 | | DHS Recoveries Trust Fund.
| 13 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1100, eff. 1-1-11.)
| 14 | | Section 99. Effective date. This Act takes effect January | 15 | | 1, 2012.
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