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Public Act 095-0755 |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Veterans' Health Insurance Program Act of 2008. | ||||
Section 3. Legislative intent. The General Assembly finds | ||||
that those who have served their country honorably in military | ||||
service and who are residing in this State deserve access to | ||||
affordable, comprehensive health insurance. Many veterans are | ||||
uninsured and unable to afford healthcare. This lack of | ||||
healthcare, including preventative care, often exacerbates | ||||
health conditions. The effects of lack of insurance negatively | ||||
impact those residents of the State 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. It is, therefore, the intent of this legislation to | ||||
provide access to affordable health insurance for veterans | ||||
residing in Illinois who are unable to afford such coverage. | ||||
However, the State has only a limited amount of resources, and | ||||
the General Assembly therefore declares that while it intends | ||||
to cover as many such veterans as possible, the State may not | ||||
be able to cover every eligible person who qualifies for this | ||||
Program as a matter of entitlement due to limited funding. |
Section 5. Definitions. The following words have the | ||
following meanings: | ||
"Department" means the Department of Healthcare and Family | ||
Services, or any successor agency. | ||
"Director" means the Director of Healthcare and Family | ||
Services, or any successor agency. | ||
"Medical assistance" means health care benefits provided | ||
under Article V of the Illinois Public Aid Code. | ||
"Program" means the Veterans' Health Insurance Program. | ||
"Resident" means an individual who has an Illinois | ||
residence, as provided in Section 5-3 of the Illinois Public | ||
Aid Code. | ||
"Veteran" means any person who has served in a branch of | ||
the United States military for greater than 180 consecutive | ||
days after initial training. | ||
"Veterans' Affairs" or "VA" means the United States | ||
Department of Veterans' Affairs. | ||
Section 10. Operation of the Program. | ||
(a) The Veterans' Health Insurance Program is created. This | ||
Program is not an entitlement. Enrollment is based on the | ||
availability of funds, and enrollment may be capped based on | ||
funds appropriated for the Program. As soon as practical after | ||
the effective date of this Act, coverage for this Program shall | ||
begin. The Program shall be administered by the Department of |
Healthcare and Family Services in collaboration with the | ||
Department of Veterans' Affairs. 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. The Department | ||
shall coordinate the Program with other health programs | ||
operated by the Department and other State and federal | ||
agencies. | ||
(b) The Department shall operate the Program in a manner so | ||
that the estimated cost of the Program during the fiscal year | ||
will not exceed the total appropriation for the Program. The | ||
Department may take any appropriate action to limit spending or | ||
enrollment into the Program, including, but not limited to, | ||
ceasing to accept or process applications, reviewing | ||
eligibility more frequently than annually, adjusting | ||
cost-sharing, or reducing the income threshold for eligibility | ||
as necessary to control expenditures for the Program. | ||
Section 15. Eligibility. | ||
(a) To be eligible for the Program, a person must: | ||
(1) be a veteran who is not on active duty and who has | ||
not been dishonorably discharged from service; | ||
(2) be a resident of the State of Illinois; | ||
(3) be at least 19 years of age and no older than 64 | ||
years of age; | ||
(4) be uninsured, as defined by the Department by rule, |
for a period of time established by the Department by rule, | ||
which shall be no less than 6 months; | ||
(5) not be eligible for medical assistance under the | ||
Illinois Public Aid Code; | ||
(6) not be eligible for medical benefits through the | ||
Veterans Health Administration; and | ||
(7) have a household income no greater than the sum of | ||
(i) an amount equal to 25% of the federal poverty level | ||
plus (ii) an amount equal to the Veterans Administration | ||
means test income threshold at the initiation of the | ||
Program; depending on the availability of funds, this level | ||
may be increased to an amount equal to the sum of (iii) an | ||
amount equal to 50% of the federal poverty level plus (iv) | ||
an amount equal to the Veterans Administration means test | ||
income threshold. This means test income threshold is | ||
subject to alteration by the Department as set forth in | ||
subsection (b) of Section 10. | ||
(b) A veteran who is determined eligible for the Program | ||
shall remain eligible for 12 months, provided the veteran | ||
remains a resident of the State and is not excluded under | ||
subsection (c) of this Section and provided the Department has | ||
not limited the enrollment period as set forth in subsection | ||
(b) of Section 10. | ||
(c) A veteran is not eligible for coverage under the | ||
Program if: | ||
(1) the premium required under Section 35 of this Act |
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 and for grace periods as | ||
established under subsection (d); if the required monthly | ||
premium is not paid, the veteran is ineligible for | ||
re-enrollment for a minimum period of 3 months; or | ||
(2) the veteran is a resident of a nursing facility or | ||
an inmate of a public institution, as defined by 42 CFR | ||
435.1009. | ||
(d) The Department shall adopt rules for the Program, | ||
including, but not limited to, rules relating to eligibility, | ||
re-enrollment, grace periods, notice requirements, hearing | ||
procedures, cost-sharing, covered services, and provider | ||
requirements.
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Section 20. Notice of decisions to terminate eligibility. | ||
Whenever the Department decides to either deny or terminate | ||
eligibility under this Act, the veteran shall have a right to | ||
notice and a hearing, as provided by the Department by rule. | ||
Section 25. Illinois Department of Veterans' Affairs. The | ||
Department shall coordinate with the Illinois Department of | ||
Veterans' Affairs and the Veterans Assistance Commissions to | ||
allow State Veterans' Affairs service officers and the Veterans | ||
Assistance Commissions to assist veterans to apply for the |
Program. All applicants must be reviewed for Veterans Health | ||
Administration eligibility or other existing health benefits | ||
prior to consideration for the Program. | ||
Section 30. Health care benefits. | ||
(a) For veterans eligible and enrolled, the Department | ||
shall purchase or provide health care benefits for eligible | ||
veterans that are identical to the benefits provided to adults | ||
under the State's approved plan under Title XIX of the Social | ||
Security Act, except for nursing facility services and | ||
non-emergency transportation. | ||
(b) Providers shall be subject to approval by the | ||
Department to provide health care under the Illinois Public Aid | ||
Code and shall be reimbursed at the same rates as providers | ||
reimbursed under the State's approved plan under Title XIX of | ||
the Social Security Act. | ||
(c) As an alternative to the benefits set forth in | ||
subsection (a) of this Section, and when cost-effective, the | ||
Department may offer veterans subsidies toward the cost of | ||
privately sponsored health insurance, including | ||
employer-sponsored health insurance.
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Section 35. Cost-sharing. The Department, by rule, shall | ||
set forth requirements concerning co-payments and monthly | ||
premiums for health care services. This cost-sharing shall be | ||
based on household income, as defined by the Department by |
rule, and is subject to alteration by the Department as set | ||
forth in subsection (b) of Section 10. | ||
Section 40. 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 | ||
benefits provided to veterans under this Act, as provided in | ||
those Sections. | ||
Section 45. Reporting. The Department shall prepare an | ||
annual report for submission to the General Assembly. The | ||
report shall be due to the General Assembly by January 1 of | ||
each year beginning in 2009. This report shall include | ||
information regarding implementation of the Program, including | ||
the number of veterans enrolled and any available information | ||
regarding other benefits derived from the Program, including | ||
screening for and acquisition of other veterans' benefits | ||
through the Veterans' Service Officers and the Veterans' | ||
Assistance Commissions. This report may also include | ||
recommendations regarding improvements that may be made to the | ||
Program and regarding the extension of the repeal date set | ||
forth in Section 85 of this Act. | ||
Section 50. 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. | ||
Section 85. Repeal. This Act is repealed on January 1, | ||
2012. | ||
Section 90. The Illinois Public Aid Code is amended by | ||
changing Sections 11-22, 11-22a, 11-22b, and 11-22c as follows:
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(305 ILCS 5/11-22) (from Ch. 23, par. 11-22)
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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, (ii) health care benefits provided under the | ||
Covering ALL KIDS Health Insurance Act, or (iii) health care | ||
benefits provided under the Veterans' Health Insurance Program | ||
Act or the Veterans' Health Insurance Program Act of 2008 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
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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
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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.
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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.
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"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, (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, and (iii) in the | ||
case of health care benefits provided under the Veterans' | ||
Health Insurance Program Act or the Veterans' Health Insurance |
Program Act of 2008 , the veteran to whom benefits are provided.
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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
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of the service of the notice.
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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
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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:
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(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
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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;
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(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;
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(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;
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(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;
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(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;
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(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.
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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.
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The court may reduce and apportion the Illinois
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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
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State of Illinois with the exception of the attorney's lien | ||
under said statute.
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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.
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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
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Workers' Occupational
Diseases Act of March 16, 1936; and (c) | ||
the Wrongful Death Act.
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(Source: P.A. 94-693, eff. 7-1-06; 94-816, eff. 5-30-06.)
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(305 ILCS 5/11-22a) (from Ch. 23, par. 11-22a)
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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, (ii) health | ||
care benefits provided for a child under the Covering ALL KIDS | ||
Health Insurance Act, or (iii) health care benefits provided to | ||
a veteran under the Veterans' Health Insurance Program Act or | ||
the Veterans' Health Insurance Program Act of 2008 , the | ||
Department shall be
subrogated
to any right of
recovery such | ||
recipient may have under the terms of any private or public
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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.
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(Source: P.A. 94-693, eff. 7-1-06; 94-816, eff. 5-30-06.)
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(305 ILCS 5/11-22b) (from Ch. 23, par. 11-22b)
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Sec. 11-22b. Recoveries.
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(a) As used in this Section:
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(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
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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.
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(2) "Beneficiary" means any person or their dependents |
who has received
benefits or will be provided benefits | ||
under this Code, under the Covering ALL KIDS Health | ||
Insurance Act, or under the Veterans' Health Insurance | ||
Program Act or the Veterans' Health Insurance Program Act | ||
of 2008
because of an injury for
which another person may | ||
be liable. It includes such beneficiary's guardian,
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conservator or other personal representative, his estate | ||
or survivors.
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(b)(1) When benefits are provided or will be provided to a | ||
beneficiary
under this Code, under the Covering ALL KIDS Health | ||
Insurance Act, or under the Veterans' Health Insurance Program | ||
Act or the Veterans' Health Insurance Program Act of 2008 | ||
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
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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.
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(2) The Department may:
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(A) compromise or settle and release any such claim for | ||
benefits
provided under this Code, or
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(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.
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(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.
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(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.
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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.
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(2) The death of the beneficiary does not abate any right | ||
of action
established by subsection (b).
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(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
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benefits provided to the beneficiary under this Code, under the | ||
Covering ALL KIDS Health Insurance Act, or under the Veterans' | ||
Health Insurance Program Act or the Veterans' Health Insurance | ||
Program Act of 2008 .
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(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, under the Covering ALL KIDS Health | ||
Insurance Act, or under the Veterans' Health Insurance Program | ||
Act or the Veterans' Health Insurance Program Act of 2008 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.
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(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.
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(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:
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(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
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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, under the Covering ALL KIDS Health Insurance Act, or | ||
under the Veterans' Health Insurance Program Act or the | ||
Veterans' Health Insurance Program Act of 2008 , 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, | ||
under the Covering ALL KIDS Health Insurance Act, or under | ||
the Veterans' Health Insurance Program Act or the Veterans' | ||
Health Insurance Program Act of 2008 .
| ||
(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, under the Covering ALL KIDS Health Insurance Act, or | ||
under the Veterans' Health Insurance Program Act or the | ||
Veterans' Health Insurance Program Act of 2008 , 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, under the Covering ALL KIDS Health | ||
Insurance Act, or under the Veterans' Health Insurance Program | ||
Act or the Veterans' Health Insurance Program Act of 2008 , 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. 94-693, eff. 7-1-06; 94-816, eff. 5-30-06.)
| ||
(305 ILCS 5/11-22c) (from Ch. 23, par. 11-22c)
| ||
Sec. 11-22c. Recovery of back wages. | ||
(a) As used in this Section, "recipient" means any person
| ||
receiving financial assistance under Article IV or Article VI | ||
of this Code, receiving health care benefits under the Covering | ||
ALL KIDS Health Insurance Act, or receiving health care | ||
benefits under the Veterans' Health Insurance Program Act or | ||
the Veterans' Health Insurance Program Act of 2008 .
| ||
(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, health | ||
care benefits under the Covering ALL KIDS Health Insurance Act, | ||
or health care benefits under the Veterans' Health Insurance | ||
Program Act or the Veterans' Health Insurance Program Act of | ||
2008 , 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, health | ||
care benefits provided under the Covering ALL KIDS Health | ||
Insurance Act, or health care benefits provided under the | ||
Veterans' Health Insurance Program Act or the Veterans' Health |
Insurance Program Act of 2008 , 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, under the Covering | ||
ALL KIDS Health Insurance Act, or under the Veterans' Health | ||
Insurance Program Act or the Veterans' Health Insurance Program | ||
Act of 2008 .
| ||
(Source: P.A. 94-693, eff. 7-1-06; 94-816, eff. 5-30-06.)
| ||
Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |