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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5049 Introduced 1/27/2022, by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: |
| 15 ILCS 205/6.7 new | | 20 ILCS 105/4.04a | | 305 ILCS 5/8A-7 | from Ch. 23, par. 8A-7 |
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Amends the Attorney General Act. Transfers provisions concerning the Medicaid Fraud Control Unit from the Illinois State Police to the Office of the Attorney General. Provides for the transfer of employees, records, unexpended funds, and other matters. Amends the Illinois Act on Aging and the Illinois Public Aid Code to make conforming changes.
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| | A BILL FOR |
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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Attorney General Act is amended by adding |
5 | | Section 6.7 as follows: |
6 | | (15 ILCS 205/6.7 new) |
7 | | Sec. 6.7. Medicaid Fraud Control Unit. |
8 | | (a) Transfer of functions and powers. On the effective |
9 | | date of this amendatory
Act of the 102nd General Assembly, all |
10 | | functions performed
by the Medicaid Fraud Control Unit within |
11 | | the Illinois State Police, together with all of the powers,
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12 | | duties, rights, and responsibilities of the Medicaid Fraud |
13 | | Control Unit
relating to those functions, are transferred from |
14 | | the
Illinois State Police to the Office of the Attorney |
15 | | General. |
16 | | The Illinois State Police and the Office of the Attorney
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17 | | General shall cooperate to ensure that the transfer of
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18 | | functions is completed as soon as practical. |
19 | | (b) Effect of transfer. Neither the functions of the
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20 | | Medicaid Fraud Control Unit, nor the powers,
duties, rights, |
21 | | and responsibilities relating to those
functions, that are |
22 | | transferred from the Illinois State Police to the Office of |
23 | | the Attorney General under this
Section are affected by this |
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1 | | amendatory Act of the 102nd General Assembly, except that all |
2 | | such functions, powers,
duties, rights, and responsibilities |
3 | | shall be performed or
exercised within the Office of the |
4 | | Attorney General on and
after the effective date of this |
5 | | amendatory Act of the 102nd General Assembly. |
6 | | (c) Personnel transferred. The status and rights of the
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7 | | employees in the Illinois State Police engaged in the
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8 | | performance of functions relating to the Medicaid Fraud |
9 | | Control Unit shall not be affected by the
transfer of those |
10 | | functions from the Illinois State Police to
the Office of the |
11 | | Attorney General under this Section.
The rights of those |
12 | | employees as derived from the State of
Illinois and its |
13 | | agencies under the Personnel Code, the
applicable collective |
14 | | bargaining agreements, or any
pension, retirement, or annuity |
15 | | plan shall not be affected
by this Section. Personnel employed |
16 | | by the Illinois State Police who are affected by this Section |
17 | | shall continue
their service within the Office of the Attorney |
18 | | General notwithstanding any qualification requirements under |
19 | | Section 4c. |
20 | | (d) Books and records transferred. All books, records,
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21 | | papers, documents, contracts, and pending business
pertaining |
22 | | to the Medicaid Fraud Control Unit within the Illinois State |
23 | | Police,
including, but not limited to, material in electronic |
24 | | or
magnetic format, shall be transferred to the Office of the
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25 | | Attorney General. The transfer of that information shall
not, |
26 | | however, violate any applicable confidentiality
constraints. |
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1 | | (e) Unexpended moneys transferred. All unexpended
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2 | | appropriation balances and other funds otherwise available
to |
3 | | the Illinois State Police for use in connection with the
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4 | | Medicaid Fraud Control Unit shall be
transferred and made |
5 | | available to the Office of the Attorney General for use in |
6 | | connection with the Medicaid Fraud Control Unit. |
7 | | (f) Exercise of transferred powers; savings
provisions. |
8 | | The powers, duties, rights, and
responsibilities relating to |
9 | | the Medicaid Fraud Control Unit transferred from the Illinois |
10 | | State Police to
the Office of the Attorney General under this |
11 | | Section
are vested in and shall be exercised by the Office of |
12 | | the
Attorney General. Each act done in exercise of those
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13 | | powers, duties, rights, and responsibilities shall have
the |
14 | | same legal effect as if done by the Illinois State Police
or |
15 | | its divisions, officers, or employees. |
16 | | (g) Officers and others; duties; penalties. Every
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17 | | employee, agent, or officer of the Office of the Attorney
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18 | | General is subject to the same obligations and duties, and
has |
19 | | the same rights, as are prescribed by law in connection
with |
20 | | the exercise of any power, duty, right, or
responsibility |
21 | | transferred under this Section. |
22 | | Every employee, agent, or officer of the Office of the
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23 | | Attorney General is subject to the same penalty or
penalties, |
24 | | civil or criminal, as are prescribed by law for
the same |
25 | | offense by any employee, agent, or officer whose
powers, |
26 | | duties, rights, or responsibilities are
transferred under this |
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1 | | Section. |
2 | | (h) Reports, notices, or papers. Whenever reports or
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3 | | notices are required to be made or given or papers or documents |
4 | | furnished or served by any person to or upon the
Illinois State |
5 | | Police in connection with any of the functions
relating to the |
6 | | Medicaid Fraud Control Unit,
the same shall be made, given, |
7 | | furnished, or served in the
same manner to or upon the Office |
8 | | of the Attorney General. |
9 | | (i) Acts and actions unaffected by transfer. This
Section |
10 | | does not affect any act completed, ratified, or
canceled, or |
11 | | any right occurring or established, before the
effective date |
12 | | of this amendatory Act of the 102nd General
Assembly in |
13 | | connection with any function transferred under
this Section. |
14 | | This Section does not affect any action
or proceeding had or |
15 | | commenced before the effective date of
this amendatory Act of |
16 | | the 102nd General Assembly in an
administrative, civil, or |
17 | | criminal cause regarding any
function transferred under this |
18 | | Section, but any such
action or proceeding may be continued by |
19 | | the Office of the
Attorney General. |
20 | | (j) For the purposes of the Successor Agency Act, the
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21 | | Office of the Attorney General is declared to be the
successor |
22 | | agency of the Illinois State Police, but only with
respect to |
23 | | the functions that are transferred to the Office
of the |
24 | | Attorney General under this Section. |
25 | | Section 10. The Illinois Act on the Aging is amended by |
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1 | | changing Section 4.04a as follows:
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2 | | (20 ILCS 105/4.04a)
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3 | | Sec. 4.04a. Illinois Long-Term Care Council.
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4 | | (a) Purpose. The purpose of this Section is to ensure that |
5 | | consumers over
the age of 60
residing in facilities licensed |
6 | | or regulated under the Nursing Home Care Act,
Skilled Nursing |
7 | | and Intermediate Care Facilities Code, Sheltered Care
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8 | | Facilities Code, and the Illinois Veterans' Homes Code receive |
9 | | high
quality long-term care through an effective
Illinois |
10 | | Long-Term Care Council.
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11 | | (b) Maintenance and operation of the Illinois Long-Term |
12 | | Care Council.
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13 | | (1) The Department shall develop a fair and impartial |
14 | | process for
recruiting and
receiving nominations for |
15 | | members for
the Illinois
Long-Term Care Council from the |
16 | | State Long-Term Care Ombudsman, the area
agencies on |
17 | | aging, regional ombudsman
programs, provider agencies, and |
18 | | other public agencies, using a nomination form
provided by |
19 | | the Department.
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20 | | (2) The Department shall appoint members to the
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21 | | Illinois Long-Term Care Council in a timely manner.
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22 | | (3) The Department shall consider and act in good |
23 | | faith regarding
the Illinois Long-Term Care Council's |
24 | | annual report and its recommendations.
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25 | | (4) The Director shall appoint to
the Illinois |
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1 | | Long-Term Care Council at least 18 but not more than 25 |
2 | | members.
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3 | | (c) Responsibilities of the State Long-Term Care |
4 | | Ombudsman, area agencies on
aging, regional long-term care
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5 | | ombudsman
programs, and provider agencies. The State Long-Term |
6 | | Care Ombudsman and each
area agency on aging, regional |
7 | | long-term
care
ombudsman program, and provider agency shall |
8 | | solicit names and
recommend members to the Department for |
9 | | appointment to the Illinois Long-Term
Care Council.
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10 | | (d) Powers and duties. The Illinois Long-Term Care Council |
11 | | shall do the
following:
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12 | | (1) Make recommendations and comment on issues |
13 | | pertaining to long-term
care and the State Long-Term Care |
14 | | Ombudsman Program to the
Department.
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15 | | (2) Advise the Department on matters pertaining to the |
16 | | quality of life and
quality of care in the continuum of |
17 | | long-term care.
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18 | | (3) Evaluate, comment on reports regarding, and make |
19 | | recommendations on,
the
quality of life and quality of |
20 | | care in long-term care facilities and on the
duties and
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21 | | responsibilities of the State Long-Term Care Ombudsman |
22 | | Program.
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23 | | (4) Prepare and circulate an annual report to the |
24 | | Governor, the General
Assembly,
and other interested |
25 | | parties concerning the duties and accomplishments of the
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26 | | Illinois Long-Term Care Council and all other related |
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1 | | matters pertaining to
long-term care
and the
protection of |
2 | | residents' rights.
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3 | | (5) Provide an opportunity for public input at each |
4 | | scheduled meeting.
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5 | | (6) Make recommendations to the Director, upon his or |
6 | | her request, as to
individuals who are capable of serving |
7 | | as the State Long-Term Care Ombudsman
and who should make |
8 | | appropriate application for that position should it become
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9 | | vacant.
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10 | | (e) Composition and operation. The Illinois Long-Term Care |
11 | | Council shall
be composed of at least 18 but not more than 25 |
12 | | members concerned about the
quality of life in long-term care |
13 | | facilities and protecting the rights of
residents,
including |
14 | | members from long-term care facilities.
The State Long-Term |
15 | | Care Ombudsman shall be a permanent member of the
Long-Term |
16 | | Care Council.
Members
shall be appointed for a 4-year term |
17 | | with initial appointments staggered with
2-year, 3-year, and |
18 | | 4-year terms. A lottery will determine the terms of office
for |
19 | | the
members of the first term. Members may be reappointed to a |
20 | | term but no
member may be reappointed to more than 2 |
21 | | consecutive terms. The Illinois
Long-Term Care Council shall |
22 | | meet a minimum of 3 times per calendar year.
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23 | | (f) Member requirements. All members shall be individuals |
24 | | who have
demonstrated concern about the quality of life in |
25 | | long-term care facilities. A
minimum of 3 members must be |
26 | | current or former residents of long-term care
facilities or |
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1 | | the family member of a current or former resident of a |
2 | | long-term
care
facility. A minimum of 2 members shall |
3 | | represent current or former long-term
care
facility resident |
4 | | councils or family councils. A minimum of 4 members shall be
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5 | | selected from recommendations by organizations whose members |
6 | | consist of
long-term care facilities.
A representative of |
7 | | long-term care
facility employees must also be included as a |
8 | | member.
A minimum of 2 members shall be selected from |
9 | | recommendations of
membership-based senior advocacy groups or |
10 | | consumer organizations that engage
solely in
legal |
11 | | representation on behalf of residents and immediate families.
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12 | | There shall be
non-voting State agency members on the |
13 | | Long-Term Care Council from the
following agencies: (i) the
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14 | | Department of Veterans' Affairs; (ii) the Department of Human |
15 | | Services; (iii)
the
Department of Public Health; (iv) the |
16 | | Department on Aging; (v) the Department
of
Healthcare and |
17 | | Family Services; (vi) the Office of the Attorney General |
18 | | Illinois State Police Medicaid Fraud Control Unit; and
(vii)
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19 | | others as appropriate.
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20 | | (Source: P.A. 95-331, eff. 8-21-07.)
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21 | | Section 15. The Illinois Public Aid Code is amended by |
22 | | changing Section 8A-7 as follows:
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23 | | (305 ILCS 5/8A-7) (from Ch. 23, par. 8A-7)
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24 | | Sec. 8A-7. Civil Remedies. (a) A person who receives |
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1 | | financial aid by
means of a false statement, willful |
2 | | misrepresentation or by his failure
to notify the county |
3 | | department or local governmental unit, as the case
may be, of a |
4 | | change in his status as required by Sections 11-18 and 11-19,
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5 | | for the purpose of preventing the denial, cancellation or |
6 | | suspension of
his grant, or a variation in the amount thereof, |
7 | | or by other fraudulent
device, or a person who knowingly aids |
8 | | or abets any person in obtaining
financial aid for which he is |
9 | | not eligible, shall be answerable to the county
department or |
10 | | the local governmental unit, as the case may be, for refunding
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11 | | the entire amount of aid received. If the refund is not made, |
12 | | it shall be
recoverable in a civil action from the person who |
13 | | received the aid, or from
anyone who willfully aided such |
14 | | person to obtain the aid. If an act which
would be unlawful |
15 | | under Section 8A-2 is proven, the court may as a penalty
assess |
16 | | an additional sum of money, not to exceed the entire amount of |
17 | | aid
provided, against the recipient or against any person who |
18 | | willfully aided
the recipient. If assessed, the penalty shall |
19 | | be included in any judgment
entered for the aid received, and |
20 | | paid to the county department or the
local governmental unit, |
21 | | as the case may be. Upon entry of the judgment a
lien shall |
22 | | attach to all property and assets of such person until the
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23 | | judgment is satisfied.
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24 | | (b) Any person, firm, corporation, association, agency, |
25 | | institution or
other legal entity, other than an individual |
26 | | recipient, that willfully,
by means of a false statement or |
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1 | | representation, or by concealment of any
material fact or by |
2 | | other fraudulent scheme or device on behalf of himself
or |
3 | | others, obtains or attempts to obtain benefits or payments |
4 | | under this
Code to which he or it is not entitled, or in a |
5 | | greater amount than that
to which he or it is entitled, shall |
6 | | be liable for repayment of any excess
benefits or payments |
7 | | received and, in addition to any other penalties provided
by |
8 | | law, civil penalties consisting of (1) the interest on the |
9 | | amount of
excess benefits or payments at the maximum legal |
10 | | rate in effect on the date
the payment was made to such person, |
11 | | firm, corporation, association, agency,
institution or other |
12 | | legal entity for the period from the date upon which
payment |
13 | | was made to the date upon which repayment is made to the State,
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14 | | (2) an amount not to exceed 3 times the amount of such excess |
15 | | benefits or
payments, and (3) the sum of $2,000 for each |
16 | | excessive claim for benefits
or payments. Upon entry of a |
17 | | judgment for repayment of any excess benefits
or payments, or |
18 | | for any civil penalties assessed by the court, a lien shall
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19 | | attach to all property and assets of such person, firm, |
20 | | corporation,
association, agency, institution or other legal |
21 | | entity until the judgment is satisfied.
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22 | | (c) Civil recoveries provided for in this Section may be |
23 | | recoverable in
court proceedings initiated by the Attorney |
24 | | General or, in actions
involving a local governmental unit, by |
25 | | the State's Attorney.
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26 | | (d) Any person who commits the offense of vendor fraud or |
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1 | | recipient
fraud as defined in Section 8A-2 and Section 8A-3 of |
2 | | this Article shall
forfeit, according to the provisions
of |
3 | | this subsection, any monies, profits or proceeds, and any |
4 | | interest or
property which the sentencing court determines he |
5 | | has acquired or maintained,
directly or indirectly, in whole |
6 | | or in part as a result of such offense.
Such person shall also |
7 | | forfeit any interest in, securities of, claim against,
or |
8 | | contractual right of any kind which affords him a source of |
9 | | influence
over, any enterprise which he has established, |
10 | | operated, controlled, conducted,
or participated in |
11 | | conducting, where his relationship to or connection with
any |
12 | | such thing or activity directly or indirectly, in whole or in |
13 | | part,
is traceable to any thing or benefit which he has |
14 | | obtained or acquired through
vendor fraud or recipient fraud.
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15 | | Proceedings instituted pursuant to this subsection shall |
16 | | be subject to
and conducted in accordance with the following |
17 | | procedures:
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18 | | (1) The sentencing court shall, upon petition by the |
19 | | Attorney General
or State's Attorney at any time following |
20 | | sentencing, conduct a hearing
to determine whether any |
21 | | property or property interest is subject to forfeiture
under |
22 | | this subsection. At the forfeiture hearing the People shall |
23 | | have
the burden of establishing, by a preponderance of the |
24 | | evidence, that the
property or property interests are subject |
25 | | to such forfeiture.
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26 | | (2) In any action brought by the People of the State of |
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1 | | Illinois under
this Section, in which any restraining order, |
2 | | injunction or prohibition or
any other action in connection |
3 | | with any property or interest subject to
forfeiture under this |
4 | | subsection is sought, the circuit court presiding
over the |
5 | | trial of the person charged with recipient fraud or
vendor |
6 | | fraud as defined in Sections 8A-2 or 8A-3 of this Article shall
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7 | | first determine whether there is probable cause to believe |
8 | | that the person
so charged has committed the offense of |
9 | | recipient fraud or
vendor fraud and whether the property or |
10 | | interest is subject to forfeiture
under this subsection. To |
11 | | make such a determination, prior to
entering any such order, |
12 | | the court shall conduct a hearing without a jury,
at which the |
13 | | People shall establish that there is (i) probable cause that
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14 | | the person so charged has committed the offense of recipient
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15 | | fraud or vendor fraud and (ii) probable cause that any |
16 | | property or interest
may be subject to forfeiture pursuant to |
17 | | this subsection. Such hearing may
be conducted simultaneously |
18 | | with a preliminary hearing, if the prosecution
is commenced by |
19 | | information or complaint, or by motion of the People at any
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20 | | stage in the proceedings. The court may accept a finding of |
21 | | probable cause
at a preliminary hearing following the filing |
22 | | of an information charging
the offense of recipient fraud or |
23 | | vendor fraud as defined in Sections 8A-2
or 8A-3 or the return |
24 | | of an indictment by a grand jury charging the offense
of |
25 | | recipient fraud or vendor fraud as defined in Sections 8A-2 or |
26 | | 8A-3 of
this Article as sufficient evidence of probable cause |
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1 | | as provided in item
(i) above. Upon such a finding, the circuit |
2 | | court shall enter such
restraining order, injunction or |
3 | | prohibition, or shall take such other
action in connection |
4 | | with any such property or other interest subject to
forfeiture |
5 | | under this Act as is necessary to insure that such property is
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6 | | not removed from the jurisdiction of the court, concealed, |
7 | | destroyed or
otherwise disposed of by the owner of that |
8 | | property or interest prior to a
forfeiture hearing under this |
9 | | subsection. The Attorney General or State's
Attorney shall |
10 | | file a certified copy of such restraining order, injunction
or |
11 | | other prohibition with the recorder of deeds or registrar of |
12 | | titles of
each county where any such property of the defendant |
13 | | may be located. No
such injunction, restraining order or other |
14 | | prohibition shall affect the
rights of any bonafide purchaser, |
15 | | mortgagee, judgement creditor or other
lien holder arising |
16 | | prior to the date of such filing. The court may, at
any time, |
17 | | upon verified petition by the defendant, conduct a hearing to
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18 | | determine whether all or portions of any such property or |
19 | | interest which
the court previously determined to be subject |
20 | | to forfeiture
or subject to any restraining order, injunction, |
21 | | or prohibition or other
action, should be released. The court |
22 | | may in its discretion release such
property to the defendant |
23 | | for good cause shown.
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24 | | (3) Upon conviction of a person under this Article, the |
25 | | court shall
authorize the Director of the Illinois State |
26 | | Police to seize
all property or other interest declared |
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1 | | forfeited under this subsection upon
such terms and conditions |
2 | | as the court shall deem proper.
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3 | | (4) The Director of the Illinois State Police is
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4 | | authorized to sell all property forfeited and seized pursuant |
5 | | to this
subsection, unless such property is
required by law to |
6 | | be destroyed or is harmful to the public.
After the deduction |
7 | | of all requisite expenses of administration and
sale, the |
8 | | court shall order the Director to distribute to the Illinois
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9 | | Department an amount from the proceeds of the forfeited |
10 | | property, or monies
forfeited or seized, which will satisfy |
11 | | any unsatisfied court order of
restitution entered pursuant to |
12 | | a conviction under this Article. If the
proceeds are less than |
13 | | the amount necessary to satisfy the order of
restitution, the |
14 | | Director shall distribute to the Illinois Department the
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15 | | entire amount of the remaining proceeds. The Director shall |
16 | | distribute any
remaining proceeds of such sale, along with any |
17 | | monies forfeited or seized,
in accordance with the following |
18 | | schedules:
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19 | | (a) 25% shall be distributed to the unit of local |
20 | | government whose
officers or employees conducted the |
21 | | investigation into recipient fraud or
vendor fraud and caused |
22 | | the arrest or arrests and prosecution leading to
the |
23 | | forfeiture. Amounts distributed to units of local government |
24 | | shall be
used solely for enforcement matters relating to |
25 | | detection, investigation or
prosecution of recipient fraud or |
26 | | vendor fraud as defined in Section 8A-2
or 8A-3 of this |
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1 | | Article. Where the investigation, arrest or arrests leading to
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2 | | the prosecution and forfeiture is undertaken solely by the |
3 | | Office of the Attorney General Illinois State Police , the |
4 | | portion provided hereunder shall be paid
into the Medicaid |
5 | | Fraud and Abuse Prevention Fund, which is hereby created
in |
6 | | the State treasury. Monies from this fund shall be used by the
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7 | | Office of the Attorney General Illinois State Police for the |
8 | | furtherance of enforcement matters
relating to detection, |
9 | | investigation or prosecution of recipient fraud or
vendor |
10 | | fraud. Monies directed to this fund shall be used in addition |
11 | | to,
and not as a substitute for, funds annually appropriated |
12 | | to the Office of the Attorney General Illinois State Police |
13 | | for medicaid fraud enforcement.
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14 | | (b) 25% shall be distributed to the county in which the |
15 | | prosecution and
petition for forfeiture resulting in the |
16 | | forfeiture was instituted,
and deposited in a special fund in |
17 | | the county treasury
and appropriated to the State's Attorney |
18 | | for use solely in enforcement
matters relating to detection, |
19 | | investigation or prosecution of recipient
fraud or vendor |
20 | | fraud; however, if the Attorney General brought the
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21 | | prosecution resulting in the forfeiture, the portion provided |
22 | | hereunder
shall be paid into the Medicaid Fraud and Abuse |
23 | | Prevention Fund, to be used
by the Medicaid Fraud Control Unit |
24 | | of the Office of the Attorney General Illinois State Police
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25 | | for enforcement matters relating to detection, investigation |
26 | | or prosecution
of recipient fraud or vendor fraud. Where the |
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1 | | Attorney General and a
State's Attorney have jointly |
2 | | participated in any portion of the
proceedings, 12.5% shall be |
3 | | distributed to the county in which the
prosecution resulting |
4 | | in the forfeiture was instituted, and used as
specified |
5 | | herein, and 12.5% shall be paid into the Medicaid Fraud and |
6 | | Abuse
Prevention Fund, and used as specified herein.
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7 | | (c) 50% shall be transmitted to the State Treasurer for |
8 | | deposit in the
General Revenue Fund.
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9 | | (Source: P.A. 102-538, eff. 8-20-21.)
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