Sen. Donne E. Trotter
Filed: 11/7/2011
 
 

 

 

 
09700SB0773sam001LRB097 04506 KTG 59630 a



1
AMENDMENT TO SENATE BILL 773




2    AMENDMENT NO. ______. Amend Senate Bill 773 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 5. The Illinois Public Aid Code is amended  by 
5changing Section 12-9 as follows:
 



6    (305 ILCS 5/12-9)  (from Ch. 23, par. 12-9)



7    Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The 
8Public Aid Recoveries Trust Fund shall consist of (1)

9recoveries by the Department of Healthcare and Family Services 
10(formerly Illinois Department of Public Aid) authorized by this 
11Code
in respect to applicants or recipients under Articles III, 
12IV, V, and VI,
including recoveries made by the Department of 
13Healthcare and Family Services (formerly Illinois Department 
14of Public
Aid) from the estates of deceased recipients, (2) 
15recoveries made by the
Department of Healthcare and Family 
16Services (formerly Illinois Department of Public Aid) in 
 
 
09700SB0773sam001- 2 -LRB097 04506 KTG 59630 a

1respect to applicants and recipients under
the Children's 
2Health Insurance Program Act, the Covering ALL KIDS Health 
3Insurance Act, and the Senior Citizens and Disabled Persons 
4Property Tax Relief and Pharmaceutical Assistance Act, (3) 
5federal funds received on
behalf of and earned by State 
6universities and local governmental entities
for services 
7provided to
applicants or recipients covered under this Code, 
8the Children's Health Insurance Program Act, the Covering ALL 
9KIDS Health Insurance Act, and the Senior Citizens and Disabled 
10Persons Property Tax Relief and Pharmaceutical Assistance Act, 
11(3.5) federal financial participation revenue related to 
12eligible disbursements made by the Department of Healthcare and 
13Family Services from appropriations required by this Section, 
14and (4) all other moneys received to the Fund, including 
15interest thereon.  The Fund shall be held
as a special fund in 
16the State Treasury.

17    Disbursements from this Fund shall be only (1) for the 
18reimbursement of
claims collected by the Department of 
19Healthcare and Family Services (formerly Illinois Department 
20of Public Aid) through error
or mistake, (2) for payment to 
21persons or agencies designated as payees or
co-payees on any 
22instrument, whether or not negotiable, delivered to the

23Department of Healthcare and Family Services (formerly

24Illinois Department of Public Aid) as a recovery under this 
25Section, such
payment to be in proportion to the respective 
26interests of the payees in the
amount so collected, (3) for 
 
 
09700SB0773sam001- 3 -LRB097 04506 KTG 59630 a

1payments to the Department of Human Services
for collections 
2made by the Department of Healthcare and Family Services 
3(formerly Illinois Department of Public Aid) on behalf of
the 
4Department of Human Services under this Code, the Children's 
5Health Insurance Program Act, and the Covering ALL KIDS Health 
6Insurance Act, (4) for payment of
administrative expenses 
7incurred in performing the
activities authorized under this 
8Code, the Children's Health Insurance Program Act, the Covering 
9ALL KIDS Health Insurance Act, and the Senior Citizens and 
10Disabled Persons Property Tax Relief and Pharmaceutical 
11Assistance Act, (5)
for payment of fees to persons or agencies 
12in the performance of activities
pursuant to the collection of 
13monies owed the State that are collected
under this Code, the 
14Children's Health Insurance Program Act, the Covering ALL KIDS 
15Health Insurance Act, and the Senior Citizens and Disabled 
16Persons Property Tax Relief and Pharmaceutical Assistance Act, 
17(6) for payments of any amounts which are
reimbursable to the 
18federal government which are required to be paid by State

19warrant by either the State or federal government, and (7) for 
20payments
to State universities and local governmental entities 
21of federal funds for
services provided to
applicants or 
22recipients covered under this Code, the Children's Health 
23Insurance Program Act, the Covering ALL KIDS Health Insurance 
24Act, and the Senior Citizens and Disabled Persons Property Tax 
25Relief and Pharmaceutical Assistance Act.  Disbursements
from 
26this Fund for purposes of items (4) and (5) of this
paragraph 
 
 
09700SB0773sam001- 4 -LRB097 04506 KTG 59630 a

1shall be subject to appropriations from the Fund to the 
2Department of Healthcare and Family Services (formerly 
3Illinois
Department of Public Aid).

4    The balance in this Fund on the first day of each calendar 
5quarter, after
payment therefrom of  any amounts reimbursable to 
6the federal government, and
minus the amount reasonably 
7anticipated to be needed to make the disbursements
during that 
8quarter authorized by this Section, shall be certified by the

9Director of Healthcare and Family Services and transferred by 
10the
State Comptroller to the Drug Rebate Fund or the Healthcare 
11Provider Relief Fund in
the State Treasury, as appropriate, 
12within 30 days of the first day of
each calendar quarter. The 
13Director of Healthcare and Family Services may certify and the 
14State Comptroller shall transfer to the Drug Rebate Fund 
15amounts on a more frequent basis. 

16    On July 1, 1999, the State Comptroller shall transfer the 
17sum of $5,000,000
from the Public Aid Recoveries Trust Fund 
18(formerly the Public Assistance
Recoveries Trust Fund) into the 
19DHS Recoveries Trust Fund.

20(Source: P.A. 95-331, eff. 8-21-07; 96-1100, eff. 1-1-11.)

 
 
21    Section 99. Effective date. This Act takes effect January 
221, 2012.".