Public Act 096-1346
Public Act 1346 96TH GENERAL ASSEMBLY
|Public Act 096-1346|
|SB3815 Enrolled||LRB096 20788 KTG 36541 b|
AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Illinois Public Aid Code is amended by
adding Section 12-4.40 as follows:
(305 ILCS 5/12-4.40 new)
Public Benefits Fraud Protection Task Force.
(a) Purpose. The purpose of the Public Benefits Fraud
Protection Task Force is to conduct a thorough review of the
nature of public assistance fraud in the State of Illinois; to
ascertain the feasibility of implementing a mechanism to
determine the pervasiveness and frequency of public assistance
fraud; to calculate the detriment of public assistance fraud to
the financial status and socio-economic status of public aid
recipients specifically and Illinois taxpayers generally; and
to determine if more stringent penalties or compassionate
procedures are necessary.
(b) Definitions. As used in this Section:
"Task Force" means the Public Benefits Fraud Protection
"Public assistance" or "public aid" includes, without
limitation, Medicaid, TANF, the Illinois LINK Program, General
Assistance, Transitional Assistance, the Supplemental
Nutrition Assistance Program, and the Child Care Assistance
(c) The Public Benefits Fraud Protection Task Force. The
Public Benefits Fraud Protection Task Force is created. The
Task Force shall be composed of 17 members appointed as
(1) One member of the Illinois Senate appointed by the
President of the Senate, who shall be co-chair to the Task
One member of the Illinois Senate appointed by the
Senate Minority Leader;
One member of the Illinois House of Representatives
appointed by the Speaker of the House of Representatives,
who shall be co-chair to the Task Force;
One member of the Illinois House of Representatives
appointed by the House Minority Leader;
The following persons, or their designees: the
Director of Public Health, the Director of Healthcare and
Family Services, and the Secretary of Human Services;
The Director of the Illinois Department on Aging,
or his or her designee;
(7) The Executive Inspector General appointed by the
Governor, or his or her designee;
The Inspector General of the Illinois Department of
Human Services, or his or her designee;
A representative from the Illinois State Police
Medicaid Fraud Control Unit;
(10) Three persons, who are not currently employed by a
State agency, appointed by the Secretary of Human Services,
one of whom shall be a person with professional experience
in child care issues, one of whom shall be a person with
knowledge and experience in legal aid services, and one of
whom shall be a person with knowledge and experience in
(11) The Attorney General, or his or her designee;
(12) A representative of a union representing front
line State employees who administer public benefits
(13) A representative of a statewide business
(d) Compensation and qualifications. Members shall serve
without compensation and shall be adults and residents of
(e) Appointments. Appointments shall be made 90 days from
the effective date of this amendatory Act of the 96th General
(f) Hearings. The Task Force shall solicit comments from
stakeholders and hold public hearings before filing any report
required by this Section. At the public hearings, the Task
Force shall allow interested persons to present their views and
comments. The Task Force shall submit all reports required by
this Section to the Governor and the General Assembly. In
addition to the reports required by this Section, the Task
Force may provide, at its discretion, interim reports and
recommendations. The Department of Human Services shall
provide administrative support to the Task Force.
(g) Task Force duties. The Task Force shall gather
information and make recommendations relating to at least the
following topics in relation to public assistance fraud:
(1) Reviews of provider billing of public aid claims.
(2) Reviews of recipient utilization of public aid.
(3) Protocols for investigating recipient public aid
(4) Protocols for investigating provider public aid
(5) Reporting of alleged fraud by private citizens
through qui tam actions.
(6) Examination of current fraud prevention measures
which may hinder legitimate aid claims.
(7) Coordination between relevant agencies in fraud
(8) Financial audit of the current costs borne by aid
recipients and Illinois government through fraud.
(9) Examination of enhanced penalties for fraudulent
recipients and providers.
(10) Enhanced whistleblower protections.
(11) Voluntary assistance from businesses and
community groups in efforts to curb fraud.
(h) Task Force recommendations. Any of the findings,
recommendations, public postings, and other relevant
information regarding the Task Force shall be made available on
the Department of Human Services' website.
(i) Reporting requirements. The Task Force shall submit
findings and recommendations to the Governor and the General
Assembly by December 31, 2011, including any necessary
implementing legislation, and recommendations for changes to
policies, rules, or procedures that are not incorporated in the
(j) Dissolution of Task Force. The Task Force shall be
dissolved 90 days after its report has been submitted to the
Governor's Office and the General Assembly.
This Act takes effect January
Effective Date: 1/1/2011