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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2846
Introduced 2/15/2008, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED: |
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30 ILCS 105/25 |
from Ch. 127, par. 161 |
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Amends the State Finance Act concerning fiscal year limitations on expenditures with respect to certain tuition reimbursement claims, veteran's medical payments, medical and child care payments, substance abuse treatment payments, Immigration Reform and Control Fund payments, and medical payments for persons suffering various conditions, all of which now may be paid without regard to the fiscal year in which the liability was incurred. Sets dollar amount limits on what may be expended per fiscal year through October 1, 2017, after which the payments for liabilities incurred may be paid only during the 3-month period following the end of the fiscal year. Effective immediately.
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A BILL FOR
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SB2846 |
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LRB095 20014 JAM 46450 b |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by changing |
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| Section 25 as follows:
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| (30 ILCS 105/25) (from Ch. 127, par. 161)
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| Sec. 25. Fiscal year limitations.
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| (a) All appropriations shall be
available for expenditure |
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| for the fiscal year or for a lesser period if the
Act making |
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| that appropriation so specifies. A deficiency or emergency
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| appropriation shall be available for expenditure only through |
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| June 30 of
the year when the Act making that appropriation is |
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| enacted unless that Act
otherwise provides.
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| (b) Outstanding liabilities as of June 30, payable from |
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| appropriations
which have otherwise expired, may be paid out of |
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| the expiring
appropriations during the 2-month period ending at |
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| the
close of business on August 31. Any service involving
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| professional or artistic skills or any personal services by an |
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| employee whose
compensation is subject to income tax |
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| withholding must be performed as of June
30 of the fiscal year |
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| in order to be considered an "outstanding liability as of
June |
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| 30" that is thereby eligible for payment out of the expiring
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| appropriation.
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LRB095 20014 JAM 46450 b |
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| (b-1) However, payment of tuition reimbursement claims |
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| under Section 14-7.03 or
18-3 of the School Code may be made by |
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| the State Board of Education from its
appropriations for those |
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| respective purposes for any fiscal year, even though
the claims |
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| reimbursed by the payment may be claims attributable to a prior
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| fiscal year, and payments may be made at the direction of the |
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| State
Superintendent of Education from the fund from which the |
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| appropriation is made
without regard to any fiscal year |
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| limitations , except as required by subsection (j) of this |
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| Section. Beginning on June 30, 2017, payment of tuition |
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| reimbursement claims under Section 14-7.03 or 18-3 of the |
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| School Code as of June 30, payable from appropriations that |
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| have otherwise expired, may be paid out of the expiring |
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| appropriation during the 3-month period ending at the close of |
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| business on September 30 .
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| (b-2) Medical payments may be made by the Department of |
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| Veterans' Affairs from
its
appropriations for those purposes |
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| for any fiscal year, without regard to the
fact that the |
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| medical services being compensated for by such payment may have
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| been rendered in a prior fiscal year , except as required by |
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| subsection (j) of this Section. Beginning on June 30, 2017, |
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| medical payments payable from appropriations that have |
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| otherwise expired may be paid out of the expiring appropriation |
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| during the 3-month period ending at the close of business on |
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| September 30 .
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| (b-3) Medical payments may be made by the Department of |
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LRB095 20014 JAM 46450 b |
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| Healthcare and Family Services and medical payments and child |
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| care
payments may be made by the Department of
Human Services |
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| (as successor to the Department of Public Aid) from
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| appropriations for those purposes for any fiscal year,
without |
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| regard to the fact that the medical or child care services |
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| being
compensated for by such payment may have been rendered in |
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| a prior fiscal
year; and payments may be made at the direction |
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| of the Department of
Central Management Services from the |
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| Health Insurance Reserve Fund and the
Local Government Health |
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| Insurance Reserve Fund without regard to any fiscal
year |
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| limitations , except as required by subsection (j) of this |
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| Section. Beginning on June 30, 2017, medical payments made by |
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| the Department of Healthcare and Family Services and child care |
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| payments made by the Department of Human Services payable from |
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| appropriations that have otherwise expired may be paid out of |
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| the expiring appropriation during the 3-month period ending at |
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| the close of business on September 30 .
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| (b-4) Medical payments may be made by the Department of |
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| Human Services from its appropriations relating to substance |
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| abuse treatment services for any fiscal year, without regard to |
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| the fact that the medical services being compensated for by |
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| such payment may have been rendered in a prior fiscal year, |
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| provided the payments are made on a fee-for-service basis |
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| consistent with requirements established for Medicaid |
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| reimbursement by the Department of Healthcare and Family |
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| Services , except as required by subsection (j) of this Section. |
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LRB095 20014 JAM 46450 b |
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| Beginning on June 30, 2017, medical payments made by the |
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| Department of Human Services relating to substance abuse |
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| treatment services payable from appropriations that have |
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| otherwise expired may be paid out of the expiring appropriation |
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| during the 3-month period ending at the close of business on |
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| September 30 . |
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| (b-5) Additionally, payments may be made by the Department |
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| of Human Services from
its appropriations, or any other State |
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| agency from its appropriations with
the approval of the |
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| Department of Human Services, from the Immigration Reform
and |
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| Control Fund for purposes authorized pursuant to the |
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| Immigration Reform
and Control Act of 1986, without regard to |
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| any fiscal year limitations , except as required by subsection |
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| (j) of this Section. Beginning on June 30, 2017, payments made |
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| by the Department of Human Services from the Immigration Reform |
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| and Control Fund for purposes authorized pursuant to the |
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| Immigration Reform and Control Act of 1986 payable from |
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| appropriations that have otherwise expired may be paid out of |
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| the expiring appropriation during the 3-month period ending at |
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| the close of business on September 30 .
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| Further, with respect to costs incurred in fiscal years |
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| 2002 and 2003 only,
payments may be made by the State Treasurer |
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| from its
appropriations
from the Capital Litigation Trust Fund |
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| without regard to any fiscal year
limitations.
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| Lease payments may be made by the Department of Central |
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| Management
Services under the sale and leaseback provisions of
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LRB095 20014 JAM 46450 b |
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| Section 7.4 of
the State Property Control Act with respect to |
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| the James R. Thompson Center and
the
Elgin Mental Health Center |
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| and surrounding land from appropriations for that
purpose |
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| without regard to any fiscal year
limitations.
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| Lease payments may be made under the sale and leaseback |
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| provisions of
Section 7.5 of the State Property Control Act |
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| with
respect to the
Illinois State Toll Highway Authority |
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| headquarters building and surrounding
land
without regard to |
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| any fiscal year
limitations.
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| (c) Further, payments may be made by the Department of |
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| Public Health and the
Department of Human Services (acting as |
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| successor to the Department of Public
Health under the |
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| Department of Human Services Act)
from their respective |
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| appropriations for grants for medical care to or on
behalf of |
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| persons
suffering from chronic renal disease, persons |
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| suffering from hemophilia, rape
victims, and premature and |
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| high-mortality risk infants and their mothers and
for grants |
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| for supplemental food supplies provided under the United States
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| Department of Agriculture Women, Infants and Children |
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| Nutrition Program,
for any fiscal year without regard to the |
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| fact that the services being
compensated for by such payment |
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| may have been rendered in a prior fiscal year , except as |
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| required by subsection (j) of this Section. Beginning on June |
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| 30, 2017, payments made by the Department of Public Health and |
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| the Department of Human Services from their respective |
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| appropriations for grants for medical care to or on behalf of |
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LRB095 20014 JAM 46450 b |
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| persons suffering from chronic renal disease, persons |
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| suffering from hemophilia, rape victims, and premature and |
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| high-mortality risk infants and their mothers and for grants |
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| for supplemental food supplies provided under the United States |
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| Department of Agriculture Women, Infants and Children |
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| Nutrition Program payable from appropriations that have |
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| otherwise expired may be paid out of the expiring |
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| appropriations during the 3-month period ending at the close of |
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| business on September 30 .
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| (d) The Department of Public Health and the Department of |
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| Human Services
(acting as successor to the Department of Public |
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| Health under the Department of
Human Services Act) shall each |
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| annually submit to the State Comptroller, Senate
President, |
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| Senate
Minority Leader, Speaker of the House, House Minority |
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| Leader, and the
respective Chairmen and Minority Spokesmen of |
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| the
Appropriations Committees of the Senate and the House, on |
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| or before
December 31, a report of fiscal year funds used to |
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| pay for services
provided in any prior fiscal year. This report |
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| shall document by program or
service category those |
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| expenditures from the most recently completed fiscal
year used |
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| to pay for services provided in prior fiscal years.
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| (e) The Department of Healthcare and Family Services, the |
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| Department of Human Services
(acting as successor to the |
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| Department of Public Aid), and the Department of Human Services |
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| making fee-for-service payments relating to substance abuse |
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| treatment services provided during a previous fiscal year shall |
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LRB095 20014 JAM 46450 b |
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| each annually
submit to the State
Comptroller, Senate |
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| President, Senate Minority Leader, Speaker of the House,
House |
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| Minority Leader, the respective Chairmen and Minority |
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| Spokesmen of the
Appropriations Committees of the Senate and |
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| the House, on or before November
30, a report that shall |
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| document by program or service category those
expenditures from |
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| the most recently completed fiscal year used to pay for (i)
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| services provided in prior fiscal years and (ii) services for |
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| which claims were
received in prior fiscal years.
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| (f) The Department of Human Services (as successor to the |
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| Department of
Public Aid) shall annually submit to the State
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| Comptroller, Senate President, Senate Minority Leader, Speaker |
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| of the House,
House Minority Leader, and the respective |
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| Chairmen and Minority Spokesmen of
the Appropriations |
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| Committees of the Senate and the House, on or before
December |
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| 31, a report
of fiscal year funds used to pay for services |
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| (other than medical care)
provided in any prior fiscal year. |
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| This report shall document by program or
service category those |
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| expenditures from the most recently completed fiscal
year used |
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| to pay for services provided in prior fiscal years.
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| (g) In addition, each annual report required to be |
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| submitted by the
Department of Healthcare and Family Services |
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| under subsection (e) shall include the following
information |
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| with respect to the State's Medicaid program:
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| (1) Explanations of the exact causes of the variance |
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| between the previous
year's estimated and actual |
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LRB095 20014 JAM 46450 b |
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| liabilities.
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| (2) Factors affecting the Department of Healthcare and |
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| Family Services' liabilities,
including but not limited to |
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| numbers of aid recipients, levels of medical
service |
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| utilization by aid recipients, and inflation in the cost of |
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| medical
services.
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| (3) The results of the Department's efforts to combat |
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| fraud and abuse.
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| (h) As provided in Section 4 of the General Assembly |
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| Compensation Act,
any utility bill for service provided to a |
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| General Assembly
member's district office for a period |
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| including portions of 2 consecutive
fiscal years may be paid |
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| from funds appropriated for such expenditure in
either fiscal |
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| year.
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| (i) An agency which administers a fund classified by the |
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| Comptroller as an
internal service fund may issue rules for:
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| (1) billing user agencies in advance for payments or |
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| authorized inter-fund transfers
based on estimated charges |
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| for goods or services;
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| (2) issuing credits, refunding through inter-fund |
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| transfers, or reducing future inter-fund transfers
during
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| the subsequent fiscal year for all user agency payments or |
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| authorized inter-fund transfers received during the
prior |
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| fiscal year which were in excess of the final amounts owed |
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| by the user
agency for that period; and
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| (3) issuing catch-up billings to user agencies
during |
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LRB095 20014 JAM 46450 b |
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| the subsequent fiscal year for amounts remaining due when |
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| payments or authorized inter-fund transfers
received from |
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| the user agency during the prior fiscal year were less than |
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| the
total amount owed for that period.
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| User agencies are authorized to reimburse internal service |
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| funds for catch-up
billings by vouchers drawn against their |
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| respective appropriations for the
fiscal year in which the |
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| catch-up billing was issued or by increasing an authorized |
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| inter-fund transfer during the current fiscal year. For the |
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| purposes of this Act, "inter-fund transfers" means transfers |
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| without the use of the voucher-warrant process, as authorized |
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| by Section 9.01 of the State Comptroller Act.
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| (j) Notwithstanding any other provision of this Act, the |
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| aggregate amount of payments to be made without regard for |
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| fiscal year limitations as contained in subsections (b-1), |
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| (b-2), (b-3), (b-4), (b-5), and (c) of this Section, and |
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| determined by using Generally Accepted Accounting Principles, |
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| shall not exceed the following amounts: |
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| (1) $2,800,000,000 as of October 1, 2008; |
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| (2) $2,300,000,000 as of October 1, 2009; |
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| (3) $2,000,000,000 as of October 1, 2010; |
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| (4) $1,700,000,000 as of October 1, 2011; |
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| (5) $1,400,000,000 as of October 1, 2012; |
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| (6) $1,100,000,000 as of October 1, 2013; |
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| (7) $800,000,000 as of October 1, 2014; |
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| (8) $500,000,000 as of October 1, 2015; |