Public Act 097-0647
 
SB0773 EnrolledLRB097 04506 KTG 44545 b

    AN ACT concerning public aid.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Public Aid Code is amended by
changing Section 12-9 as follows:
 
    (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, the Covering ALL KIDS Health
Insurance Act, and the Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act, (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, the Covering ALL
KIDS Health Insurance Act, and the Senior Citizens and Disabled
Persons Property Tax Relief and Pharmaceutical Assistance 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, the Covering
ALL KIDS Health Insurance Act, and the Senior Citizens and
Disabled Persons Property Tax Relief and Pharmaceutical
Assistance 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, the Covering ALL KIDS
Health Insurance Act, and the Senior Citizens and Disabled
Persons Property Tax Relief and Pharmaceutical Assistance 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, the Covering ALL KIDS Health Insurance
Act, and the Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance 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 on the first day of each calendar
quarter, after payment therefrom of any amounts reimbursable to
the federal government, and minus the amount reasonably
anticipated to be needed to make the disbursements during that
quarter authorized by this Section, 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,
within 30 days of the first day of each calendar quarter. The
Director of Healthcare and Family Services may certify and the
State Comptroller shall transfer to the Drug Rebate 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. 95-331, eff. 8-21-07; 96-1100, eff. 1-1-11.)
 
    Section 99. Effective date. This Act takes effect January
1, 2012.