(305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The Public Aid Recoveries Trust Fund shall consist of (1)
recoveries by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) authorized by this Code
in respect to applicants or recipients under Articles III, IV, V, and VI,
including recoveries made by the Department of Healthcare and Family Services (formerly Illinois Department of Public
Aid) from the estates of deceased recipients, (2) recoveries made by the
Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) in respect to applicants and recipients under
the Children's Health Insurance Program Act, and the Covering ALL KIDS Health Insurance Act, (2.5) recoveries made by the Department of Healthcare and Family Services in connection with the imposition of an administrative penalty as provided under Section 12-4.45, (3) federal funds received on
behalf of and earned by State universities and local governmental entities
for services provided to
applicants or recipients covered under this Code, the Children's Health Insurance Program Act, and the Covering ALL KIDS Health Insurance Act, (3.5) federal financial participation revenue related to eligible disbursements made by the Department of Healthcare and Family Services from appropriations required by this Section, and (4) all other moneys received to the Fund, including interest thereon. The Fund shall be held
as a special fund in the State Treasury.
Disbursements from this Fund shall be only (1) for the reimbursement of
claims collected by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) through error
or mistake, (2) for payment to persons or agencies designated as payees or
co-payees on any instrument, whether or not negotiable, delivered to the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) as a recovery under this Section, such
payment to be in proportion to the respective interests of the payees in the
amount so collected, (3) for payments to the Department of Human Services
for collections made by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) on behalf of
the Department of Human Services under this Code, the Children's Health Insurance Program Act, and the Covering ALL KIDS Health Insurance Act, (4) for payment of
administrative expenses incurred in performing the
activities authorized under this Code, the Children's Health Insurance Program Act, and the Covering ALL KIDS Health Insurance Act, (5)
for payment of fees to persons or agencies in the performance of activities
pursuant to the collection of monies owed the State that are collected
under this Code, the Children's Health Insurance Program Act, and the Covering ALL KIDS Health Insurance Act, (6) for payments of any amounts which are
reimbursable to the federal government which are required to be paid by State
warrant by either the State or federal government, and (7) for payments
to State universities and local governmental entities of federal funds for
services provided to
applicants or recipients covered under this Code, the Children's Health Insurance Program Act, and the Covering ALL KIDS Health Insurance Act. Disbursements
from this Fund for purposes of items (4) and (5) of this
paragraph shall be subject to appropriations from the Fund to the Department of Healthcare and Family Services (formerly Illinois
Department of Public Aid).
The balance in this Fund after
payment therefrom of any amounts reimbursable to the federal government, and
minus the amount reasonably anticipated to be needed to make the disbursements
authorized by this Section during the current and following 3 calendar months, shall be certified by the
Director of Healthcare and Family Services and transferred by the
State Comptroller to the Drug Rebate Fund or the Healthcare Provider Relief Fund in
the State Treasury, as appropriate, on at least an annual basis by June 30th of each fiscal year. The Director of Healthcare and Family Services may certify and the State Comptroller shall transfer to the Drug Rebate Fund or the Healthcare Provider Relief Fund amounts on a more frequent basis.
On July 1, 1999, the State Comptroller shall transfer the sum of $5,000,000
from the Public Aid Recoveries Trust Fund (formerly the Public Assistance
Recoveries Trust Fund) into the DHS Recoveries Trust Fund.
(Source: P.A. 97-647, eff. 1-1-12; 97-689, eff. 6-14-12; 98-130, eff. 8-2-13; 98-651, eff. 6-16-14.)
|