Sen. Donne E. Trotter
Filed: 6/9/2004
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1 | AMENDMENT TO HOUSE BILL 953
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2 | AMENDMENT NO. ______. Amend House Bill 953 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Finance Act is amended by changing | ||||||
5 | Section 8h and by adding Sections 5.625 and 6z-62 as follows: | ||||||
6 | (30 ILCS 105/5.625 new) | ||||||
7 | Sec. 5.625. The Medicaid Provider Relief Fund. | ||||||
8 | (30 ILCS 105/6z-62 new) | ||||||
9 | Sec. 6z-62. Medicaid Provider Relief Fund. | ||||||
10 | (a) The Medicaid Provider Relief Fund ("the Fund") is | ||||||
11 | created as a special fund in the State treasury. The Fund is | ||||||
12 | created for the purpose of paying medical bills for which the | ||||||
13 | State is responsible under Title XIX of the Social Security Act | ||||||
14 | and under the Children's Health Insurance Program Act. | ||||||
15 | (b) The Fund shall consist of the following: | ||||||
16 | (1) All moneys received by the State from short-term | ||||||
17 | borrowing pursuant to the Short Term Borrowing Act or the | ||||||
18 | Medicaid Liability Liquidity Borrowing Act on or after the | ||||||
19 | effective date of this amendatory Act of the 93rd General | ||||||
20 | Assembly and before July 1, 2004. | ||||||
21 | (2) All federal matching funds received as a result of | ||||||
22 | expenditures that are attributable to moneys deposited | ||||||
23 | into the Fund. |
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1 | (3) Interest earned on moneys in the Fund. | ||||||
2 | (c) On July 1, 2004, the State Treasurer and the | ||||||
3 | Comptroller shall transfer the balance in the Medicaid Provider | ||||||
4 | Relief Fund to the General Revenue Fund. After July 1, 2004, | ||||||
5 | the State Treasurer and the Comptroller shall automatically | ||||||
6 | transfer all moneys deposited into the Medicaid Provider Relief | ||||||
7 | Fund from that Fund to the General Revenue Fund. | ||||||
8 | (d) This Section is repealed on June 30, 2005, and the | ||||||
9 | State Treasurer and the Comptroller shall promptly transfer the | ||||||
10 | balance remaining in the Fund on that date to the General | ||||||
11 | Revenue Fund. | ||||||
12 | (30 ILCS 105/8h)
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13 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
14 | Notwithstanding any other
State law to the contrary, the | ||||||
15 | Director of the
Governor's Office of Management and Budget
may | ||||||
16 | from time to time direct the State Treasurer and Comptroller to | ||||||
17 | transfer
a specified sum from any fund held by the State | ||||||
18 | Treasurer to the General
Revenue Fund in order to help defray | ||||||
19 | the State's operating costs for the
fiscal year. The total | ||||||
20 | transfer under this Section from any fund in any
fiscal year | ||||||
21 | shall not exceed the lesser of 8% of the revenues to be | ||||||
22 | deposited
into the fund during that year or 25% of the | ||||||
23 | beginning balance in the fund.
No transfer may be made from a | ||||||
24 | fund under this Section that would have the
effect of reducing | ||||||
25 | the available balance in the fund to an amount less than
the | ||||||
26 | amount remaining unexpended and unreserved from the total | ||||||
27 | appropriation
from that fund for that fiscal year. This Section | ||||||
28 | does not apply to any
funds that are restricted by federal law | ||||||
29 | to a specific use or to any funds in
the Motor Fuel Tax Fund ,
or
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30 | the Hospital Provider Fund , or the Medicaid Provider Relief | ||||||
31 | Fund . Notwithstanding any
other provision of this Section,
the | ||||||
32 | total transfer under this Section from the Road Fund or the | ||||||
33 | State
Construction Account Fund shall not exceed 5% of the |
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1 | revenues to be deposited
into the fund during that year.
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2 | In determining the available balance in a fund, the | ||||||
3 | Director of the
Governor's Office of Management and Budget
may | ||||||
4 | include receipts, transfers into the fund, and other
resources | ||||||
5 | anticipated to be available in the fund in that fiscal year.
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6 | The State Treasurer and Comptroller shall transfer the | ||||||
7 | amounts designated
under this Section as soon as may be | ||||||
8 | practicable after receiving the direction
to transfer from the | ||||||
9 | Director of the Governor's Office of Management and
Budget.
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10 | (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04.)
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11 | Section 10. The Short Term Borrowing Act is amended by | ||||||
12 | changing Section 3 as follows:
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13 | (30 ILCS 340/3) (from Ch. 120, par. 408)
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14 | Sec. 3. There shall be prepared under the direction of the | ||||||
15 | officers
named in this Act such form of bonds or certificates | ||||||
16 | as they shall deem
advisable, which, when issued, shall be | ||||||
17 | signed by the Governor, Comptroller
and Treasurer, and shall be | ||||||
18 | recorded by the Comptroller in a
book to be kept by him or her | ||||||
19 | for that purpose. The interest and principal
of such loan shall | ||||||
20 | be paid by the treasurer out of the General Obligation Bond
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21 | Retirement and Interest Fund.
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22 | There is hereby appropriated out of any money in the | ||||||
23 | Treasury a sum
sufficient for the payment of the interest and | ||||||
24 | principal of any debts
contracted under this Act.
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25 | The Governor, Comptroller, and Treasurer are
authorized to | ||||||
26 | order pursuant to the proceedings authorizing those debts the
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27 | transfer of any moneys on deposit in the treasury into the | ||||||
28 | General
Obligation Bond Retirement and Interest Fund at times | ||||||
29 | and in amounts they
deem necessary to provide for the payment | ||||||
30 | of that interest and principal.
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31 | The Comptroller is hereby authorized and directed to draw | ||||||
32 | his warrant on
the State Treasurer for the amount of all such |
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1 | payments.
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2 | The directive authorizing borrowing under Section 1 or 1.1 | ||||||
3 | of this Act
shall set forth a pro forma cash flow statement | ||||||
4 | that identifies estimated
monthly receipts and expenditures | ||||||
5 | with identification of sources for
repaying the borrowed funds.
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6 | All proceeds from any borrowing under this Act received by | ||||||
7 | the State on or after the effective date of this amendatory Act | ||||||
8 | of the 93rd General Assembly and before July 1, 2004 shall be | ||||||
9 | deposited into the Medicaid Provider Relief Fund.
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10 | (Source: P.A. 87-838; 87-860; 88-669, eff. 11-29-94.)
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11 | Section 15. The Medicaid Liability Liquidity Borrowing Act | ||||||
12 | is amended by changing Sections 5 and 10 as follows:
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13 | (30 ILCS 342/5)
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14 | Sec. 5. Borrowing authorized. For the period June 9, 2004
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15 | July 1, 1994 through June 30,
2004
1995 , borrowing pursuant to | ||||||
16 | this Section is authorized under subsection (b) of Section 9 of | ||||||
17 | Article IX of the Illinois Constitution . The purpose of the | ||||||
18 | borrowing shall be
Whenever casual
deficits or failures in | ||||||
19 | revenues of the State occur, and those casual deficits
or | ||||||
20 | failures in revenues affect the State's ability to pay for | ||||||
21 | medical services
provided under the Illinois Public Aid Code or | ||||||
22 | the Children's Health Insurance Program Act
, in order to meet
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23 | those casual deficits or failures in revenues , and the | ||||||
24 | Governor , after having obtained the written consent of both the | ||||||
25 | Comptroller and the Treasurer, may contract debts,
under this | ||||||
26 | Section, for principal amounts not to exceed $850,000,000, as | ||||||
27 | supported by properly enacted State fiscal year 2004 | ||||||
28 | appropriations for this purpose
$900,000,000 . This contracted
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29 | debt, when added to amounts borrowed under the Short Term | ||||||
30 | Borrowing Act during the then current fiscal year, may not | ||||||
31 | exceed 15%
of the State's appropriations for that fiscal year. | ||||||
32 | Moneys thus borrowed shall
be applied to the purpose of paying |
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1 | for medical services as described in this
Section, or to pay | ||||||
2 | the debts and associated expenses thus incurred
created , and to | ||||||
3 | no other purpose. All proceeds from any borrowing under this | ||||||
4 | Act received by the State on or after the effective date of | ||||||
5 | this amendatory Act of the 93rd General Assembly and before | ||||||
6 | July 1, 2004 shall be deposited into the Medicaid Provider | ||||||
7 | Relief Fund.
The
Governor shall direct the proceeds of this | ||||||
8 | borrowing into any State fund from
which there are | ||||||
9 | appropriations for medical assistance under the Illinois | ||||||
10 | Public
Aid Code. All moneys so borrowed shall be borrowed for | ||||||
11 | no longer time than one
year.
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12 | (Source: P.A. 88-554, eff. 7-26-94; 89-626, eff. 8-9-96.)
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13 | (30 ILCS 342/10)
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14 | Sec. 10. Advertising for loan. Whenever the borrowing of | ||||||
15 | money under
Section 5 is contemplated, it is the duty of the | ||||||
16 | Director of the
Governor's Office of Management and Budget
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17 | Bureau of the
Budget acting at the direction of the Governor
to | ||||||
18 | advertise for proposals for the loan in the manner that is | ||||||
19 | determined by the
Director of the
Governor's Office of | ||||||
20 | Management and Budget
Bureau of the Budget to give reasonable | ||||||
21 | notice of the request
for proposals. The advertisements shall | ||||||
22 | set forth the amount of debt proposed
to be contracted and the | ||||||
23 | time and place for the payment of the principal and
interest. | ||||||
24 | The loan shall be awarded to the person or persons agreeing to | ||||||
25 | take
it at the lowest rate of interest not exceeding the | ||||||
26 | maximum rate authorized by
the Bond Authorization Act, as | ||||||
27 | amended at the time of the making of the
contract.
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28 | (Source: P.A. 88-554, eff. 7-26-94; revised 8-23-03.)
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29 | Section 20. The Illinois Public Aid Code is amended by | ||||||
30 | adding Section 5-16.13 as follows: | ||||||
31 | (305 ILCS 5/5-16.13 new) |
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1 | Sec. 5-16.13. Medicaid Managed Care Task Force. | ||||||
2 | (a) Medicaid, the medical assistance program jointly | ||||||
3 | administered by the State of Illinois and the United States | ||||||
4 | governments for low-income and uninsured populations, is the | ||||||
5 | largest single insurance provider in the State. In Illinois, | ||||||
6 | one in every 7 adults, one in 3 children, and 2 of every 3 | ||||||
7 | nursing home residents are all provided health care under the | ||||||
8 | State's Medicaid program. | ||||||
9 | Over the past 10 years, Medicaid in Illinois has grown an | ||||||
10 | average of 8% annually, which requires at least $500,000,000 in | ||||||
11 | additional State resources every year. | ||||||
12 | Medicaid in Illinois is a cost-reimbursement system that | ||||||
13 | does little to promote health or encourage improvements in the | ||||||
14 | quality of health care services being delivered to the growing | ||||||
15 | populations needing assistance. | ||||||
16 | The advent of managed care plans in the insurance industry | ||||||
17 | has driven down health care costs for many while amply managing | ||||||
18 | individual needs in a system to deliver cost-efficient health | ||||||
19 | care services. | ||||||
20 | (b) To better examine and evaluate the application of | ||||||
21 | managed care within the State's Medicaid program, there is | ||||||
22 | hereby established the bipartisan Medicaid Managed Care Task | ||||||
23 | Force. | ||||||
24 | The Task Force shall consist of 8 voting members, as | ||||||
25 | follows: 2 members of the Senate appointed by the President of | ||||||
26 | the Senate, 2 members of the Senate appointed by the Senate | ||||||
27 | Minority Leader, 2 members of the House of Representatives | ||||||
28 | appointed by the Speaker of the House of Representatives, and 2 | ||||||
29 | members of the House of Representatives appointed by the House | ||||||
30 | Minority Leader. All actions of the Task Force require the | ||||||
31 | affirmative vote of at least 5 voting members. | ||||||
32 | Members appointed to the Task Force shall elect from among | ||||||
33 | themselves 2 co-chairs. | ||||||
34 | Members appointed by the legislative leaders shall be |
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1 | appointed for the duration of the Task Force; in the event of a | ||||||
2 | vacancy, the appointment to fill the vacancy shall be made by | ||||||
3 | the same legislative leader who made the original appointment. | ||||||
4 | The following persons shall serve, ex officio, as nonvoting | ||||||
5 | members of the Task Force: the Director of the Governor's | ||||||
6 | Office of Management and Budget, the Director of Public Aid, | ||||||
7 | and the Secretary of Human Services. | ||||||
8 | The Task Force shall begin to conduct business upon the | ||||||
9 | appointment of a majority of the voting members. If the | ||||||
10 | co-chairs have not both been appointed, the co-chair that has | ||||||
11 | been appointed shall preside. | ||||||
12 | Members shall serve without compensation but may be | ||||||
13 | reimbursed for their expenses from appropriations for that | ||||||
14 | purpose. | ||||||
15 | (c) The Task Force shall gather information and make | ||||||
16 | recommendations relating to the financing and expenditures of | ||||||
17 | the Illinois Medicaid program and the program's level of | ||||||
18 | ability to provide quality health care services in the most | ||||||
19 | cost-efficient manner. The Task Force shall examine and | ||||||
20 | evaluate the application of managed care within the State's | ||||||
21 | Medicaid program. The Task Force shall further assess whether | ||||||
22 | the State's Medicaid services delivery system meets or exceeds | ||||||
23 | the goals of quality, efficiency, accountability, and | ||||||
24 | financial responsibility and shall make recommendations in | ||||||
25 | keeping with those goals concerning the cost-efficient | ||||||
26 | delivery of Medicaid services throughout Illinois. | ||||||
27 | (d) The Task Force shall conduct at least 6 public hearings | ||||||
28 | beginning the later of July 2004 or upon the appointment of a | ||||||
29 | majority of its members, through October 2004. | ||||||
30 | Locations for public hearings are to be different and | ||||||
31 | determined by the co-chairs in consultation with the other | ||||||
32 | members of the Task Force. | ||||||
33 | Comment and testimony at public hearing is to be sought | ||||||
34 | from Medicaid recipients, health care providers and other |
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1 | health care
professionals, related advocates, health care | ||||||
2 | finance experts, insurance industry professionals, and public | ||||||
3 | officials from throughout the State. | ||||||
4 | (e) The Governor's Office of Management and Budget, the | ||||||
5 | Department of Public Aid, and the Department of Human Services | ||||||
6 | are directed to provide information and assistance to the Task | ||||||
7 | Force. | ||||||
8 | (f) The Task Force shall submit a full report of its | ||||||
9 | findings and recommendations to the General Assembly not later | ||||||
10 | than November 8, 2004. It may submit other reports as it deems | ||||||
11 | appropriate. | ||||||
12 | (g) The Task Force is abolished and this Section is | ||||||
13 | repealed on December 31, 2004.
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
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