Public Act 094-0693
 
HB0806 Enrolled LRB094 03660 BDD 33665 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Covering ALL KIDS Health Insurance Act.
 
    Section 5. Legislative intent. The General Assembly finds
that, for the economic and social benefit of all residents of
the State, it is important to enable all children of this State
to access affordable health insurance that offers
comprehensive coverage and emphasizes preventive healthcare.
Many children in working families, including many families
whose family income ranges between $40,000 and $80,000, are
uninsured. Numerous studies, including the Institute of
Medicine's report, "Health Insurance Matters", demonstrate
that lack of insurance negatively affects health status. The
General Assembly further finds that access to healthcare is a
key component for children's healthy development and
successful education. The effects of lack of insurance also
negatively impact those who are insured because the cost of
paying for care to the uninsured is often shifted to those who
have insurance in the form of higher health insurance premiums.
A Families USA 2005 report indicates that family premiums in
Illinois are increased by $1,059 due to cost-shifting from the
uninsured. It is, therefore, the intent of this legislation to
provide access to affordable health insurance to all uninsured
children in Illinois.
 
    Section 10. Definitions. In this Act:
    "Application agent" means an organization or individual,
such as a licensed health care provider, school, youth service
agency, employer, labor union, local chamber of commerce,
community-based organization, or other organization, approved
by the Department to assist in enrolling children in the
Program.
    "Child" means a person under the age of 19.
    "Department" means the Department of Healthcare and Family
Services.
    "Medical assistance" means health care benefits provided
under Article V of the Illinois Public Aid Code.
    "Program" means the Covering ALL KIDS Health Insurance
Program.
    "Resident" means an individual (i) who is in the State for
other than a temporary or transitory purpose during the taxable
year or (ii) who is domiciled in this State but is absent from
the State for a temporary or transitory purpose during the
taxable year.
 
    Section 15. Operation of Program. The Covering ALL KIDS
Health Insurance Program is created. The Program shall be
administered by the Department of Healthcare and Family
Services. The Department shall have the same powers and
authority to administer the Program as are provided to the
Department in connection with the Department's administration
of the Illinois Public Aid Code and the Children's Health
Insurance Program Act. The Department shall coordinate the
Program with the existing children's health programs operated
by the Department and other State agencies.
 
    Section 20. Eligibility.
    (a) To be eligible for the Program, a person must be a
child:
        (1) who is a resident of the State of Illinois; and
        (2) who is ineligible for medical assistance under the
    Illinois Public Aid Code or benefits under the Children's
    Health Insurance Program Act; and
        (3) either (i) who has been without health insurance
    coverage for a period set forth by the Department in rules,
    but not less than 6 months during the first month of
    operation of the Program, 7 months during the second month
    of operation, 8 months during the third month of operation,
    9 months during the fourth month of operation, 10 months
    during the fifth month of operation, 11 months during the
    sixth month of operation, and 12 months thereafter, (ii)
    whose parent has lost employment that made available
    affordable dependent health insurance coverage, until such
    time as affordable employer-sponsored dependent health
    insurance coverage is again available for the child as set
    forth by the Department in rules, (iii) who is a newborn
    whose responsible relative does not have available
    affordable private or employer-sponsored health insurance,
    or (iv) who, within one year of applying for coverage under
    this Act, lost medical benefits under the Illinois Public
    Aid Code or the Children's Health Insurance Program Act.
    An entity that provides health insurance coverage (as
defined in Section 2 of the Comprehensive Health Insurance Plan
Act) to Illinois residents shall provide health insurance data
match to the Department of Healthcare and Family Services for
the purpose of determining eligibility for the Program under
this Act.
    The Department of Healthcare and Family Services, in
collaboration with the Department of Financial and
Professional Regulation, Division of Insurance, shall adopt
rules governing the exchange of information under this Section.
The rules shall be consistent with all laws relating to the
confidentiality or privacy of personal information or medical
records, including provisions under the Federal Health
Insurance Portability and Accountability Act (HIPAA).
    (b) The Department shall monitor the availability and
retention of employer-sponsored dependent health insurance
coverage and shall modify the period described in subdivision
(a)(3) if necessary to promote retention of private or
employer-sponsored health insurance and timely access to
healthcare services, but at no time shall the period described
in subdivision (a)(3) be less than 6 months.
    (c) The Department, at its discretion, may take into
account the affordability of dependent health insurance when
determining whether employer-sponsored dependent health
insurance coverage is available upon reemployment of a child's
parent as provided in subdivision (a)(3).
    (d) A child who is determined to be eligible for the
Program shall remain eligible for 12 months, provided that the
child maintains his or her residence in this State, has not yet
attained 19 years of age, and is not excluded under subsection
(e).
    (e) A child is not eligible for coverage under the Program
if:
        (1) the premium required under Section 40 has not been
    timely paid; if the required premiums are not paid, the
    liability of the Program shall be limited to benefits
    incurred under the Program for the time period for which
    premiums have been paid; if the required monthly premium is
    not paid, the child is ineligible for re-enrollment for a
    minimum period of 3 months; re-enrollment shall be
    completed before the next covered medical visit, and the
    first month's required premium shall be paid in advance of
    the next covered medical visit; or
        (2) the child is an inmate of a public institution or
    an institution for mental diseases.
    (f) The Department shall adopt eligibility rules,
including, but not limited to: rules regarding annual renewals
of eligibility for the Program; rules providing for
re-enrollment, grace periods, notice requirements, and hearing
procedures under subdivision (e)(1) of this Section; and rules
regarding what constitutes availability and affordability of
private or employer-sponsored health insurance, with
consideration of such factors as the percentage of income
needed to purchase children or family health insurance, the
availability of employer subsidies, and other relevant
factors.
 
    Section 25. Enrollment in Program. The Department shall
develop procedures to allow application agents to assist in
enrolling children in the Program or other children's health
programs operated by the Department. At the Department's
discretion, technical assistance payments may be made
available for approved applications facilitated by an
application agent.
 
    Section 30. Program outreach and marketing. The Department
may provide grants to application agents and other
community-based organizations to educate the public about the
availability of the Program. The Department shall adopt rules
regarding performance standards and outcomes measures expected
of organizations that are awarded grants under this Section,
including penalties for nonperformance of contract standards.
 
    Section 35. Health care benefits for children.
    (a) The Department shall purchase or provide health care
benefits for eligible children that are identical to the
benefits provided for children under the Illinois Children's
Health Insurance Program Act, except for non-emergency
transportation.
    (b) As an alternative to the benefits set forth in
subsection (a), and when cost-effective, the Department may
offer families subsidies toward the cost of privately sponsored
health insurance, including employer-sponsored health
insurance.
    (c) Notwithstanding clause (i) of subdivision (a)(3) of
Section 20, the Department may consider offering, as an
alternative to the benefits set forth in subsection (a),
partial coverage to children who are enrolled in a
high-deductible private health insurance plan.
    (d) Notwithstanding clause (i) of subdivision (a)(3) of
Section 20, the Department may consider offering, as an
alternative to the benefits set forth in subsection (a), a
limited package of benefits to children in families who have
private or employer-sponsored health insurance that does not
cover certain benefits such as dental or vision benefits.
    (e) The content and availability of benefits described in
subsections (b), (c), and (d), and the terms of eligibility for
those benefits, shall be at the Department's discretion and the
Department's determination of efficacy and cost-effectiveness
as a means of promoting retention of private or
employer-sponsored health insurance.
 
    Section 40. Cost-sharing.
    (a) Children enrolled in the Program under subsection (a)
of Section 35 are subject to the following cost-sharing
requirements:
        (1) The Department, by rule, shall set forth
    requirements concerning co-payments and coinsurance for
    health care services and monthly premiums. This
    cost-sharing shall be on a sliding scale based on family
    income. The Department may periodically modify such
    cost-sharing.
        (2) Notwithstanding paragraph (1), there shall be no
    co-payment required for well-baby or well-child health
    care, including, but not limited to, age-appropriate
    immunizations as required under State or federal law.
    (b) Children enrolled in a privately sponsored health
insurance plan under subsection (b) of Section 35 are subject
to the cost-sharing provisions stated in the privately
sponsored health insurance plan.
    (c) Notwithstanding any other provision of law, rates paid
by the Department shall not be used in any way to determine the
usual and customary or reasonable charge, which is the charge
for health care that is consistent with the average rate or
charge for similar services furnished by similar providers in a
certain geographic area.
 
    Section 45. Study.
    (a) The Department shall conduct a study that includes, but
is not limited to, the following:
        (1) Establishing estimates, broken down by regions of
    the State, of the number of children with and without
    health insurance coverage; the number of children who are
    eligible for Medicaid or the Children's Health Insurance
    Program, and, of that number, the number who are enrolled
    in Medicaid or the Children's Health Insurance Program; and
    the number of children with access to dependent coverage
    through an employer, and, of that number, the number who
    are enrolled in dependent coverage through an employer.
        (2) Surveying those families whose children have
    access to employer-sponsored dependent coverage but who
    decline such coverage as to the reasons for declining
    coverage.
        (3) Ascertaining, for the population of children
    accessing employer-sponsored dependent coverage or who
    have access to such coverage, the comprehensiveness of
    dependent coverage available, the amount of cost-sharing
    currently paid by the employees, and the cost-sharing
    associated with such coverage.
        (4) Measuring the health outcomes or other benefits for
    children utilizing the Covering ALL KIDS Health Insurance
    Program and analyzing the effects on utilization of
    healthcare services for children after enrollment in the
    Program compared to the preceding period of uninsured
    status.
    (b) The studies described in subsection (a) shall be
conducted in a manner that compares a time period preceding or
at the initiation of the program with a later period.
    (c) The Department shall submit the preliminary results of
the study to the Governor and the General Assembly no later
than July 1, 2008 and shall submit the final results to the
Governor and the General Assembly no later than July 1, 2010.
 
    Section 50. Consultation with stakeholders. The Department
shall present details regarding implementation of the Program
to the Medicaid Advisory Committee, and the Committee shall
serve as the forum for healthcare providers, advocates,
consumers, and other interested parties to advise the
Department with respect to the Program.
 
    Section 55. Charge upon claims and causes of action; right
of subrogation; recoveries. Sections 11-22, 11-22a, 11-22b,
and 11-22c of the Illinois Public Aid Code apply to health care
benefits provided to children under this Act, as provided in
those Sections.
 
    Section 60. Federal financial participation. The
Department shall request any necessary state plan amendments or
waivers of federal requirements in order to allow receipt of
federal funds for implementing any or all of the provisions of
the Program. The failure of the responsible federal agency to
approve a waiver or other State plan amendment shall not
prevent the implementation of any provision of this Act.
 
    Section 65. Emergency rulemaking. The Department may adopt
rules necessary to establish and implement this Act through the
use of emergency rulemaking in accordance with Section 5-45 of
the Illinois Administrative Procedure Act. For the purposes of
that Act, the General Assembly finds that the adoption of rules
to implement this Act is deemed an emergency and necessary for
the public interest, safety, and welfare. This Section is
repealed on July 1, 2008.
 
    Section 90. The Illinois Public Aid Code is amended by
changing Sections 11-22, 11-22a, 11-22b, and 11-22c as follows:
 
    (305 ILCS 5/11-22)  (from Ch. 23, par. 11-22)
    Sec. 11-22. Charge upon claims and causes of action for
injuries. The Illinois Department shall have a charge upon all
claims, demands and causes of action for injuries to an
applicant for or recipient of (i) financial aid under Articles
III, IV, and V or (ii) health care benefits provided under the
Covering ALL KIDS Health Insurance Act for the total amount of
medical assistance provided the recipient from the time of
injury to the date of recovery upon such claim, demand or cause
of action. In addition, if the applicant or recipient was
employable, as defined by the Department, at the time of the
injury, the Department shall also have a charge upon any such
claims, demands and causes of action for the total amount of
aid provided to the recipient and his dependents, including all
cash assistance and medical assistance only to the extent
includable in the claimant's action, from the time of injury to
the date of recovery upon such claim, demand or cause of
action. Any definition of "employable" adopted by the
Department shall apply only to persons above the age of
compulsory school attendance.
    If the injured person was employable at the time of the
injury and is provided aid under Articles III, IV, or V and any
dependent or member of his family is provided aid under Article
VI, or vice versa, both the Illinois Department and the local
governmental unit shall have a charge upon such claims, demands
and causes of action for the aid provided to the injured person
and any dependent member of his family, including all cash
assistance, medical assistance and food stamps, from the time
of the injury to the date of recovery.
    "Recipient", as used herein, means (i) in the case of
financial aid provided under this Code, the grantee of record
and any persons whose needs are included in the financial aid
provided to the grantee of record or otherwise met by grants
under the appropriate Article of this Code for which such
person is eligible and (ii) in the case of health care benefits
provided under the Covering ALL KIDS Health Insurance Act, the
child to whom those benefits are provided.
    In each case, the notice shall be served by certified mail
or registered mail, upon the party or parties against whom the
applicant or recipient has a claim, demand or cause of action.
The notice shall claim the charge and describe the interest the
Illinois Department, the local governmental unit, or the
county, has in the claim, demand, or cause of action. The
charge shall attach to any verdict or judgment entered and to
any money or property which may be recovered on account of such
claim, demand, cause of action or suit from and after the time
of the service of the notice.
    On petition filed by the Illinois Department, or by the
local governmental unit or county if either is claiming a
charge, or by the recipient, or by the defendant, the court, on
written notice to all interested parties, may adjudicate the
rights of the parties and enforce the charge. The court may
approve the settlement of any claim, demand or cause of action
either before or after a verdict, and nothing in this Section
shall be construed as requiring the actual trial or final
adjudication of any claim, demand or cause of action upon which
the Illinois Department, the local governmental unit or county
has charge. The court may determine what portion of the
recovery shall be paid to the injured person and what portion
shall be paid to the Illinois Department, the local
governmental unit or county having a charge against the
recovery. In making this determination, the court shall conduct
an evidentiary hearing and shall consider competent evidence
pertaining to the following matters:
        (1) the amount of the charge sought to be enforced
    against the recovery when expressed as a percentage of the
    gross amount of the recovery; the amount of the charge
    sought to be enforced against the recovery when expressed
    as a percentage of the amount obtained by subtracting from
    the gross amount of the recovery the total attorney's fees
    and other costs incurred by the recipient incident to the
    recovery; and whether the Department, unit of local
    government or county seeking to enforce the charge against
    the recovery should as a matter of fairness and equity bear
    its proportionate share of the fees and costs incurred to
    generate the recovery from which the charge is sought to be
    satisfied;
        (2) the amount, if any, of the attorney's fees and
    other costs incurred by the recipient incident to the
    recovery and paid by the recipient up to the time of
    recovery, and the amount of such fees and costs remaining
    unpaid at the time of recovery;
        (3) the total hospital, doctor and other medical
    expenses incurred for care and treatment of the injury to
    the date of recovery therefor, the portion of such expenses
    theretofore paid by the recipient, by insurance provided by
    the recipient, and by the Department, unit of local
    government and county seeking to enforce a charge against
    the recovery, and the amount of such previously incurred
    expenses which remain unpaid at the time of recovery and by
    whom such incurred, unpaid expenses are to be paid;
        (4) whether the recovery represents less than
    substantially full recompense for the injury and the
    hospital, doctor and other medical expenses incurred to the
    date of recovery for the care and treatment of the injury,
    so that reduction of the charge sought to be enforced
    against the recovery would not likely result in a double
    recovery or unjust enrichment to the recipient;
        (5) the age of the recipient and of persons dependent
    for support upon the recipient, the nature and permanency
    of the recipient's injuries as they affect not only the
    future employability and education of the recipient but
    also the reasonably necessary and foreseeable future
    material, maintenance, medical, rehabilitative and
    training needs of the recipient, the cost of such
    reasonably necessary and foreseeable future needs, and the
    resources available to meet such needs and pay such costs;
        (6) the realistic ability of the recipient to repay in
    whole or in part the charge sought to be enforced against
    the recovery when judged in light of the factors enumerated
    above.
    The burden of producing evidence sufficient to support the
exercise by the court of its discretion to reduce the amount of
a proven charge sought to be enforced against the recovery
shall rest with the party seeking such reduction.
    The court may reduce and apportion the Illinois
Department's lien proportionate to the recovery of the
claimant. The court may consider the nature and extent of the
injury, economic and noneconomic loss, settlement offers,
comparative negligence as it applies to the case at hand,
hospital costs, physician costs, and all other appropriate
costs. The Illinois Department shall pay its pro rata share of
the attorney fees based on the Illinois Department's lien as it
compares to the total settlement agreed upon. This Section
shall not affect the priority of an attorney's lien under the
Attorneys Lien Act. The charges of the Illinois Department
described in this Section, however, shall take priority over
all other liens and charges existing under the laws of the
State of Illinois with the exception of the attorney's lien
under said statute.
    Whenever the Department or any unit of local government has
a statutory charge under this Section against a recovery for
damages incurred by a recipient because of its advancement of
any assistance, such charge shall not be satisfied out of any
recovery until the attorney's claim for fees is satisfied,
irrespective of whether or not an action based on recipient's
claim has been filed in court.
    This Section shall be inapplicable to any claim, demand or
cause of action arising under (a) the Workers' Compensation Act
or the predecessor Workers' Compensation Act of June 28, 1913,
(b) the Workers' Occupational Diseases Act or the predecessor
Workers' Occupational Diseases Act of March 16, 1936; and (c)
the Wrongful Death Act.
(Source: P.A. 91-357, eff. 7-29-99; 92-111, eff. 1-1-02.)
 
    (305 ILCS 5/11-22a)  (from Ch. 23, par. 11-22a)
    Sec. 11-22a. Right of Subrogation. To the extent of the
amount of (i) medical assistance provided by the Department to
or on behalf of a recipient under Article V or VI or (ii)
health care benefits provided for a child under the Covering
ALL KIDS Health Insurance Act, the Department shall be
subrogated to any right of recovery such recipient may have
under the terms of any private or public health care coverage
or casualty coverage, including coverage under the "Workers'
Compensation Act", approved July 9, 1951, as amended, or the
"Workers' Occupational Diseases Act", approved July 9, 1951, as
amended, without the necessity of assignment of claim or other
authorization to secure the right of recovery to the
Department. To enforce its subrogation right, the Department
may (i) intervene or join in an action or proceeding brought by
the recipient, his or her guardian, personal representative,
estate, dependents, or survivors against any person or public
or private entity that may be liable; (ii) institute and
prosecute legal proceedings against any person or public or
private entity that may be liable for the cost of such
services; or (iii) institute and prosecute legal proceedings,
to the extent necessary to reimburse the Illinois Department
for its costs, against any noncustodial parent who (A) is
required by court or administrative order to provide insurance
or other coverage of the cost of health care services for a
child eligible for medical assistance under this Code and (B)
has received payment from a third party for the costs of those
services but has not used the payments to reimburse either the
other parent or the guardian of the child or the provider of
the services.
(Source: P.A. 92-111, eff. 1-1-02.)
 
    (305 ILCS 5/11-22b)  (from Ch. 23, par. 11-22b)
    Sec. 11-22b. Recoveries.
    (a) As used in this Section:
    (1) "Carrier" means any insurer, including any private
company, corporation, mutual association, trust fund,
reciprocal or interinsurance exchange authorized under the
laws of this State to insure persons against liability or
injuries caused to another and any insurer providing benefits
under a policy of bodily injury liability insurance covering
liability arising out of the ownership, maintenance or use of a
motor vehicle which provides uninsured motorist endorsement or
coverage.
    (2) "Beneficiary" means any person or their dependents who
has received benefits or will be provided benefits under this
Code or under the Covering ALL KIDS Health Insurance Act
because of an injury for which another person may be liable. It
includes such beneficiary's guardian, conservator or other
personal representative, his estate or survivors.
    (b) (1) When benefits are provided or will be provided to a
beneficiary under this Code or under the Covering ALL KIDS
Health Insurance Act because of an injury for which another
person is liable, or for which a carrier is liable in
accordance with the provisions of any policy of insurance
issued pursuant to the Illinois Insurance Code, the Illinois
Department shall have a right to recover from such person or
carrier the reasonable value of benefits so provided. The
Attorney General may, to enforce such right, institute and
prosecute legal proceedings against the third person or carrier
who may be liable for the injury in an appropriate court,
either in the name of the Illinois Department or in the name of
the injured person, his guardian, personal representative,
estate, or survivors.
    (2) The Department may:
        (A) compromise or settle and release any such claim for
    benefits provided under this Code, or
        (B) waive any such claims for benefits provided under
    this Code, in whole or in part, for the convenience of the
    Department or if the Department determines that collection
    would result in undue hardship upon the person who suffered
    the injury or, in a wrongful death action, upon the heirs
    of the deceased.
    (3) No action taken on behalf of the Department pursuant to
this Section or any judgment rendered in such action shall be a
bar to any action upon the claim or cause of action of the
beneficiary, his guardian, conservator, personal
representative, estate, dependents or survivors against the
third person who may be liable for the injury, or shall operate
to deny to the beneficiary the recovery for that portion of any
damages not covered hereunder.
    (c) (1) When an action is brought by the Department
pursuant to subsection (b), it shall be commenced within the
period prescribed by Article XIII of the Code of Civil
Procedure.
    However, the Department may not commence the action prior
to 5 months before the end of the applicable period prescribed
by Article XIII of the Code of Civil Procedure. Thirty days
prior to commencing an action, the Department shall notify the
beneficiary of the Department's intent to commence such an
action.
    (2) The death of the beneficiary does not abate any right
of action established by subsection (b).
    (3) When an action or claim is brought by persons entitled
to bring such actions or assert such claims against a third
person who may be liable for causing the death of a
beneficiary, any settlement, judgment or award obtained is
subject to the Department's claim for reimbursement of the
benefits provided to the beneficiary under this Code or under
the Covering ALL KIDS Health Insurance Act.
    (4) When the action or claim is brought by the beneficiary
alone and the beneficiary incurs a personal liability to pay
attorney's fees and costs of litigation, the Department's claim
for reimbursement of the benefits provided to the beneficiary
shall be the full amount of benefits paid on behalf of the
beneficiary under this Code or under the Covering ALL KIDS
Health Insurance Act less a pro rata share which represents the
Department's reasonable share of attorney's fees paid by the
beneficiary and that portion of the cost of litigation expenses
determined by multiplying by the ratio of the full amount of
the expenditures of the full amount of the judgment, award or
settlement.
    (d) (1) If either the beneficiary or the Department brings
an action or claim against such third party or carrier, the
beneficiary or the Department shall within 30 days of filing
the action give to the other written notice by personal service
or registered mail of the action or claim and of the name of
the court in which the action or claim is brought. Proof of
such notice shall be filed in such action or claim. If an
action or claim is brought by either the Department or the
beneficiary, the other may, at any time before trial on the
facts, become a party to such action or claim or shall
consolidate his action or claim with the other if brought
independently.
    (2) If an action or claim is brought by the Department
pursuant to subsection (b)(1), written notice to the
beneficiary, guardian, personal representative, estate or
survivor given pursuant to this Section shall advise him of his
right to intervene in the proceeding, his right to obtain a
private attorney of his choice and the Department's right to
recover the reasonable value of the benefits provided.
    (e) In the event of judgment or award in a suit or claim
against such third person or carrier:
    (1) If the action or claim is prosecuted by the beneficiary
alone, the court shall first order paid from any judgment or
award the reasonable litigation expenses incurred in
preparation and prosecution of such action or claim, together
with reasonable attorney's fees, when an attorney has been
retained. After payment of such expenses and attorney's fees
the court shall, on the application of the Department, allow as
a first lien against the amount of such judgment or award the
amount of the Department's expenditures for the benefit of the
beneficiary under this Code or under the Covering ALL KIDS
Health Insurance Act, as provided in subsection (c)(4).
    (2) If the action or claim is prosecuted both by the
beneficiary and the Department, the court shall first order
paid from any judgment or award the reasonable litigation
expenses incurred in preparation and prosecution of such action
or claim, together with reasonable attorney's fees for
plaintiffs attorneys based solely on the services rendered for
the benefit of the beneficiary. After payment of such expenses
and attorney's fees, the court shall apply out of the balance
of such judgment or award an amount sufficient to reimburse the
Department the full amount of benefits paid on behalf of the
beneficiary under this Code or under the Covering ALL KIDS
Health Insurance Act.
    (f) The court shall, upon further application at any time
before the judgment or award is satisfied, allow as a further
lien the amount of any expenditures of the Department in
payment of additional benefits arising out of the same cause of
action or claim provided on behalf of the beneficiary under
this Code or under the Covering ALL KIDS Health Insurance Act,
when such benefits were provided or became payable subsequent
to the original order.
    (g) No judgment, award, or settlement in any action or
claim by a beneficiary to recover damages for injuries, when
the Department has an interest, shall be satisfied without
first giving the Department notice and a reasonable opportunity
to perfect and satisfy its lien.
    (h) When the Department has perfected a lien upon a
judgment or award in favor of a beneficiary against any third
party for an injury for which the beneficiary has received
benefits under this Code or under the Covering ALL KIDS Health
Insurance Act, the Department shall be entitled to a writ of
execution as lien claimant to enforce payment of said lien
against such third party with interest and other accruing costs
as in the case of other executions. In the event the amount of
such judgment or award so recovered has been paid to the
beneficiary, the Department shall be entitled to a writ of
execution against such beneficiary to the extent of the
Department's lien, with interest and other accruing costs as in
the case of other executions.
    (i) Except as otherwise provided in this Section,
notwithstanding any other provision of law, the entire amount
of any settlement of the injured beneficiary's action or claim,
with or without suit, is subject to the Department's claim for
reimbursement of the benefits provided and any lien filed
pursuant thereto to the same extent and subject to the same
limitations as in Section 11-22 of this Code.
(Source: P.A. 92-651, eff. 7-11-02.)
 
    (305 ILCS 5/11-22c)  (from Ch. 23, par. 11-22c)
    Sec. 11-22c. (a) As used in this Section, "recipient" means
any person receiving financial assistance under Article IV or
Article VI of this Code or receiving health care benefits under
the Covering ALL KIDS Health Insurance Act.
    (b) If a recipient maintains any suit, charge or other
court or administrative action against an employer seeking back
pay for a period during which the recipient received financial
assistance under Article IV or Article VI of this Code or
health care benefits under the Covering ALL KIDS Health
Insurance Act, the recipient shall report such fact to the
Department. To the extent of the amount of assistance provided
to or on behalf of the recipient under Article IV or Article VI
or health care benefits provided under the Covering ALL KIDS
Health Insurance Act, the Department may by intervention or
otherwise without the necessity of assignment of claim, attach
a lien on the recovery of back wages equal to the amount of
assistance provided by the Department to the recipient under
Article IV or Article VI or under the Covering ALL KIDS Health
Insurance Act.
(Source: P.A. 86-497.)
 
    Section 97. Severability. If any provision of this Act or
its application to any person or circumstance is held invalid,
the invalidity of that provision or application does not affect
other provisions or applications of this Act that can be given
effect without the invalid provision or application, and to
this end the provisions of this Act are severable.
 
    Section 98. Repealer. This Act is repealed on July 1,
2011.
 
    Section 99. Effective date. This Act takes effect July 1,
2006.

Effective Date: 7/1/2006