Full Text of HB5761 95th General Assembly
HB5761eng 95TH GENERAL ASSEMBLY
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HB5761 Engrossed |
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LRB095 18795 JAM 44921 b |
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| AN ACT concerning State government.
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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 Mental Health and Developmental | 5 |
| Disabilities Administrative Act is amended by changing | 6 |
| Sections 18.4 and 18.5 as follows:
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| (20 ILCS 1705/18.4)
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| Sec. 18.4. Community Mental Health Medicaid Trust Fund; | 9 |
| reimbursement.
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| (a) The Community Mental Health Medicaid Trust Fund is | 11 |
| hereby created
in the State Treasury.
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| (b) Except as provided in subsections (b-5) and (b-10), | 13 |
| amounts Amounts
paid to the State during each State fiscal year | 14 |
| by the federal government under Title XIX
or Title XXI of the | 15 |
| Social Security Act for services delivered by community
mental | 16 |
| health providers, and any interest earned thereon, shall be
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| deposited 100% into the Community Mental Health Medicaid Trust | 18 |
| Fund to be used for the purchase of community mental health | 19 |
| services. as follows: | 20 |
| (1) The first $75,000,000 shall be deposited directly | 21 |
| into the Community Mental Health Medicaid Trust Fund to be | 22 |
| used for the purchase of community mental health services; | 23 |
| (2) The next $4,500,000 shall be deposited directly |
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| into the Community Mental Health Medicaid Trust Fund to be | 2 |
| used by the Department of Human Services' Division of | 3 |
| Mental Health for the oversight and administration of | 4 |
| community mental health services and up to $1,000,000 of | 5 |
| this amount may be used for support of community mental | 6 |
| health service initiatives; | 7 |
| (3) The next $3,500,000 shall be deposited directly | 8 |
| into the General Revenue Fund;
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| (4) Any additional amounts shall be deposited into the | 10 |
| Community Mental Health Medicaid Trust Fund to be used for | 11 |
| the purchase of community mental health services.
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| (b-5) For State fiscal year 2009, amounts paid to the State | 13 |
| by the federal government under Title XIX or Title XXI of the | 14 |
| Social Security Act for services delivered by community mental | 15 |
| health providers, and any interest earned thereon, shall be | 16 |
| deposited as follows: | 17 |
| (1) The first $75,000,000 shall be deposited directly | 18 |
| into the Community Mental Health Medicaid Trust Fund to be | 19 |
| used for the purchase of community mental health services; | 20 |
| (2) The next $3,000,000 shall be deposited directly | 21 |
| into the Community Mental Health Medicaid Trust Fund to be | 22 |
| used by the Department of Human Services' Division of | 23 |
| Mental Health for the oversight and administration of | 24 |
| community mental health services and up to $1,000,000 of | 25 |
| this amount may be used for support of community mental | 26 |
| health service initiatives; |
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| (3) The next $2,300,000 shall be deposited directly | 2 |
| into the General Revenue Fund; and | 3 |
| (4) Any additional amounts shall be deposited into the | 4 |
| Community Mental Health Medicaid Trust Fund to be used for | 5 |
| the purchase of community mental health services. | 6 |
| (b-10) For State fiscal year 2010, amounts paid to the | 7 |
| State by the federal government under Title XIX or Title XXI of | 8 |
| the Social Security Act for services delivered by community | 9 |
| mental health providers, and any interest earned thereon, shall | 10 |
| be deposited as follows: | 11 |
| (1) The first $75,000,000 shall be deposited directly | 12 |
| into the Community Mental Health Medicaid Trust Fund to be | 13 |
| used for the purchase of community mental health services; | 14 |
| (2) The next $1,500,000 shall be deposited directly | 15 |
| into the Community Mental Health Medicaid Trust Fund to be | 16 |
| used by the Department of Human Services' Division of | 17 |
| Mental Health for the oversight and administration of | 18 |
| community mental health services and up to $1,000,000 of | 19 |
| this amount may be used for support of community mental | 20 |
| health service initiatives; | 21 |
| (3) The next $1,100,000 shall be deposited directly | 22 |
| into the General Revenue Fund; and | 23 |
| (4) Any additional amounts shall be deposited into the | 24 |
| Community Mental Health Medicaid Trust Fund to be used for | 25 |
| the purchase of community mental health services. | 26 |
| (c) The Department shall reimburse community mental health
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HB5761 Engrossed |
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| providers for
services provided to eligible
individuals. | 2 |
| Moneys in the Community Mental Health Medicaid Trust Fund may | 3 |
| be
used for that purpose.
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| (c-5) The Community Mental Health Medicaid Trust Fund is | 5 |
| not subject to sweeps, administrative charge-backs, including | 6 |
| but not limited to, those authorized under Section 8h of the | 7 |
| State Finance Act, or any other fiscal or budgetary maneuver | 8 |
| that would in any way transfer any funds from the Trust Fund | 9 |
| into any other fund of the State, except as provided in this | 10 |
| Section. | 11 |
| (c-10) The Department of Human Services shall annually | 12 |
| report to the Governor and the General Assembly, by September | 13 |
| 1, on both the total revenue deposited into the Trust Fund and | 14 |
| the total expenditures made from the Trust Fund for the | 15 |
| previous fiscal year. This report shall include detailed | 16 |
| descriptions of both revenues and expenditures regarding the | 17 |
| Trust Fund from the previous fiscal year. This report shall be | 18 |
| presented by the Secretary of Human Services to the appropriate | 19 |
| Appropriations Committee in the House of Representatives, as | 20 |
| determined by the Speaker of the House, and in the Senate, as | 21 |
| determined by the President of the Senate. This report shall be | 22 |
| made available to the public and shall be published on the | 23 |
| Department of Human Services' website in an appropriate | 24 |
| location, a minimum of one week prior to presentation of the | 25 |
| report to the General Assembly. | 26 |
| (d) As used in this Section:
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| "Trust Fund" means the Community Mental Health Medicaid | 2 |
| Trust Fund. | 3 |
| "Community mental health provider" means a community | 4 |
| agency that is funded by the Department to
provide a service.
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| "Service" means a mental health service
provided pursuant | 6 |
| to the provisions of administrative rules adopted by the | 7 |
| Department and funded by the Department of Human Services' | 8 |
| Division of Mental Health.
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| (Source: P.A. 94-58, eff. 6-17-05; 94-839, eff. 6-6-06; 95-707, | 10 |
| eff. 1-11-08.)
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| (20 ILCS 1705/18.5) | 12 |
| Sec. 18.5. Community Developmental Disability Services | 13 |
| Medicaid Trust Fund; reimbursement. | 14 |
| (a) The Community Developmental Disability Services | 15 |
| Medicaid Trust Fund is hereby created in the State treasury.
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| (b) Except as provided in subsections subsection (b-5) , | 17 |
| (b-10), and (b-15) , any funds in excess of $16,700,000 in any | 18 |
| fiscal year paid to the State by the federal government under | 19 |
| Title XIX or Title XXI of the Social Security Act for services | 20 |
| delivered by community developmental disability services | 21 |
| providers for services relating to Developmental Training and | 22 |
| Community Integrated Living Arrangements as a result of the | 23 |
| conversion of such providers from a grant payment methodology | 24 |
| to a fee-for-service payment methodology, or any other funds | 25 |
| paid to the State for any subsequent revenue maximization |
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HB5761 Engrossed |
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| initiatives performed by such providers, and any interest | 2 |
| earned thereon, shall be deposited directly into the Community | 3 |
| Developmental Disability Services Medicaid Trust Fund . | 4 |
| One-third of this amount shall be used only to pay for | 5 |
| Medicaid-reimbursed community developmental disability | 6 |
| services provided to eligible individuals , and the remainder | 7 |
| shall be transferred to the General Revenue Fund . | 8 |
| (b-5) Beginning in State fiscal year 2008, any funds paid | 9 |
| to the State by the federal government under Title XIX or Title | 10 |
| XXI of the Social Security Act for services delivered through | 11 |
| the Children's Residential Waiver and the Children's In-Home | 12 |
| Support Waiver shall be deposited directly into the Community | 13 |
| Developmental Disability Services Medicaid Trust Fund and | 14 |
| shall not be subject to the transfer provisions of subsection | 15 |
| (b). | 16 |
| (b-10) For State fiscal year 2009 any funds in excess of | 17 |
| $11,100,000 paid to the State by the federal government under | 18 |
| Title XIX or Title XXI of the Social Security Act for services | 19 |
| delivered by community developmental disability services | 20 |
| providers for services relating to Developmental Training and | 21 |
| Community Integrated Living Arrangements as a result of the | 22 |
| conversion of such providers from a grant payment methodology | 23 |
| to a fee-for-service payment methodology, or any other funds | 24 |
| paid to the State for any subsequent revenue maximization | 25 |
| initiatives performed by such providers, and any interest | 26 |
| earned thereon, shall be deposited directly into the Trust |
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HB5761 Engrossed |
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| Fund. Fifty percent of this amount shall be used only to pay | 2 |
| for Medicaid-reimbursed community developmental disability | 3 |
| services provided to eligible individuals, and the remainder | 4 |
| shall be transferred to the General Revenue Fund. | 5 |
| (b-15) For State fiscal year 2010 any funds in excess of | 6 |
| $5,500,000 paid to the State by the federal government under | 7 |
| Title XIX or Title XXI of the Social Security Act for services | 8 |
| delivered by community developmental disability services | 9 |
| providers for services relating to Developmental Training and | 10 |
| Community Integrated Living Arrangements as a result of the | 11 |
| conversion of such providers from a grant payment methodology | 12 |
| to a fee-for-service payment methodology, or any other funds | 13 |
| paid to the State for any subsequent revenue maximization | 14 |
| initiatives performed by such providers, and any interest | 15 |
| earned thereon, shall be deposited directly into the Trust | 16 |
| Fund. Seventy-five percent of this amount shall be used only to | 17 |
| pay for Medicaid-reimbursed community developmental disability | 18 |
| services provided to eligible individuals, and the remainder | 19 |
| shall be transferred to the General Revenue Fund. | 20 |
| (b-20) The Community Developmental Disability Services | 21 |
| Medicaid Trust Fund is not subject to sweeps, administrative | 22 |
| charge-backs, including but not limited to, those authorized | 23 |
| under Section 8h of the State Finance Act, or any other fiscal | 24 |
| or budgetary maneuver that would in any way transfer any funds | 25 |
| from the Trust Fund into any other fund of the State, except as | 26 |
| provided in this Section. |
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HB5761 Engrossed |
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| (b-25) The Department of Human Services shall annually | 2 |
| report to the Governor and the General Assembly, by September | 3 |
| 1, on both the total revenue deposited into the Trust Fund and | 4 |
| the total expenditures made from the Trust Fund for the | 5 |
| previous fiscal year. This report shall include detailed | 6 |
| descriptions of both revenues and expenditures regarding the | 7 |
| Trust Fund from the previous fiscal year. This report shall be | 8 |
| presented by the Secretary of Human Services to the appropriate | 9 |
| Appropriations Committee in the House of Representatives, as | 10 |
| determined by the Speaker of the House, and in the Senate, as | 11 |
| determined by the President of the Senate. This report shall be | 12 |
| made available to the public and shall be published on the | 13 |
| Department of Human Services' website in an appropriate | 14 |
| location, a minimum of one week prior to presentation of the | 15 |
| report to the General Assembly. | 16 |
| (c) For purposes of this Section: | 17 |
| "Trust Fund" means the Community Developmental Disability | 18 |
| Services Medicaid Trust Fund. | 19 |
| "Medicaid-reimbursed developmental disability services" | 20 |
| means services provided by a community developmental | 21 |
| disability provider under an agreement with the Department that | 22 |
| is eligible for reimbursement under the federal Title XIX | 23 |
| program or Title XXI program. | 24 |
| "Provider" means a qualified entity as defined in the | 25 |
| State's Home and
Community-Based Services Waiver for Persons | 26 |
| with Developmental Disabilities that is funded by the |
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| Department to provide a Medicaid-reimbursed service. | 2 |
| "Revenue maximization alternatives" do not include | 3 |
| increases in
funds paid to the State as a result of growth in | 4 |
| spending through service expansion or
rate increases.
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| (Source: P.A. 95-707, eff. 1-11-08.) | 6 |
| Section 10. The State Finance Act is amended by changing | 7 |
| Section 8h as follows: | 8 |
| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 10 |
| (a) Except as otherwise provided in this Section and | 11 |
| Section 8n of this Act, and
notwithstanding any other
State law | 12 |
| to the contrary, the Governor
may, through June 30, 2007, from | 13 |
| time to time direct the State Treasurer and Comptroller to | 14 |
| transfer
a specified sum from any fund held by the State | 15 |
| Treasurer to the General
Revenue Fund in order to help defray | 16 |
| the State's operating costs for the
fiscal year. The total | 17 |
| transfer under this Section from any fund in any
fiscal year | 18 |
| shall not exceed the lesser of (i) 8% of the revenues to be | 19 |
| deposited
into the fund during that fiscal year or (ii) an | 20 |
| amount that leaves a remaining fund balance of 25% of the July | 21 |
| 1 fund balance of that fiscal year. In fiscal year 2005 only, | 22 |
| prior to calculating the July 1, 2004 final balances, the | 23 |
| Governor may calculate and direct the State Treasurer with the | 24 |
| Comptroller to transfer additional amounts determined by |
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HB5761 Engrossed |
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LRB095 18795 JAM 44921 b |
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| applying the formula authorized in Public Act 93-839 to the | 2 |
| funds balances on July 1, 2003.
No transfer may be made from a | 3 |
| fund under this Section that would have the
effect of reducing | 4 |
| the available balance in the fund to an amount less than
the | 5 |
| amount remaining unexpended and unreserved from the total | 6 |
| appropriation
from that fund estimated to be expended for that | 7 |
| fiscal year. This Section does not apply to any
funds that are | 8 |
| restricted by federal law to a specific use, to any funds in
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| the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the | 10 |
| Hospital Provider Fund, the Medicaid Provider Relief Fund, the | 11 |
| Teacher Health Insurance Security Fund, the Reviewing Court | 12 |
| Alternative Dispute Resolution Fund, the Voters' Guide Fund, | 13 |
| the Foreign Language Interpreter Fund, the Lawyers' Assistance | 14 |
| Program Fund, the Supreme Court Federal Projects Fund, the | 15 |
| Supreme Court Special State Projects Fund, the Supplemental | 16 |
| Low-Income Energy Assistance Fund, the Good Samaritan Energy | 17 |
| Trust Fund, the Low-Level Radioactive Waste Facility | 18 |
| Development and Operation Fund, the Horse Racing Equity Trust | 19 |
| Fund, the Metabolic Screening and Treatment Fund, or the | 20 |
| Hospital Basic Services Preservation Fund, or to any
funds to | 21 |
| which Section 70-50 of the Nurse Practice Act applies. No | 22 |
| transfers may be made under this Section from the Pet | 23 |
| Population Control Fund. Notwithstanding any
other provision | 24 |
| of this Section, for fiscal year 2004,
the total transfer under | 25 |
| this Section from the Road Fund or the State
Construction | 26 |
| Account Fund shall not exceed the lesser of (i) 5% of the |
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HB5761 Engrossed |
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| revenues to be deposited
into the fund during that fiscal year | 2 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal | 3 |
| year 2005 through fiscal year 2007, no amounts may be | 4 |
| transferred under this Section from the Road Fund, the State | 5 |
| Construction Account Fund, the Criminal Justice Information | 6 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 7 |
| Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the | 9 |
| Governor
may include receipts, transfers into the fund, and | 10 |
| other
resources anticipated to be available in the fund in that | 11 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 13 |
| amounts designated
under this Section as soon as may be | 14 |
| practicable after receiving the direction
to transfer from the | 15 |
| Governor.
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| (a-5) Transfers directed to be made under this Section on | 17 |
| or before February 28, 2006 that are still pending on May 19, | 18 |
| 2006 (the effective date of Public Act 94-774) shall be | 19 |
| redirected as provided in Section 8n of this Act.
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| (b) This Section does not apply to: (i) the Ticket For The | 21 |
| Cure Fund; (ii) any fund established under the Community Senior | 22 |
| Services and Resources Act; or (iii) on or after January 1, | 23 |
| 2006 (the effective date of Public Act 94-511), the Child Labor | 24 |
| and Day and Temporary Labor Enforcement Fund. | 25 |
| (c) This Section does not apply to the Demutualization | 26 |
| Trust Fund established under the Uniform Disposition of |
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| Unclaimed Property Act.
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| (d) This Section does not apply to moneys set aside in the | 3 |
| Illinois State Podiatric Disciplinary Fund for podiatric | 4 |
| scholarships and residency programs under the Podiatric | 5 |
| Scholarship and Residency Act. | 6 |
| (e) Subsection (a) does not apply to, and no transfer may | 7 |
| be made under this Section from, the Pension Stabilization | 8 |
| Fund.
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| (f) Subsection (a) does not apply to, and no transfer may | 10 |
| be made under this Section from, the Illinois Power Agency | 11 |
| Operations Fund, the Illinois Power Agency Facilities Fund, the | 12 |
| Illinois Power Agency Debt Service Fund, and the Illinois Power | 13 |
| Agency Trust Fund.
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| (g)
(f) This Section does not apply to the Veterans Service | 15 |
| Organization Reimbursement Fund.
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| (h)
(f) This Section does not apply to the Supreme Court | 17 |
| Historic Preservation Fund.
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| (i) This Section does not apply to the Community Mental | 19 |
| Health Medicaid Trust Fund or the Community Developmental | 20 |
| Disability Services Medicaid Trust Fund. | 21 |
| (Source: P.A. 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, | 22 |
| eff. 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; | 23 |
| 94-645, eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. | 24 |
| 11-2-05; 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, | 25 |
| eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; | 26 |
| 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff. |
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| 8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, | 2 |
| eff. 10-5-07; 95-695, eff. 11-5-07; revised 11-2-07.)
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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