SB3680eng 97TH GENERAL ASSEMBLY

SB3680 Engrossed LRB097 20232 JDS 65679 b

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Medicaid Budget and Impact Note Act.

Section 5. Medicaid budget and impact note required. Every bill that amends the Illinois Public Aid Code, affects eligibility for or enrollment in Medicaid, or has a financial impact on the operation of the Department of Healthcare and Family Services shall have prepared for it, upon approval by the committee to which it is assigned, a brief explanatory statement or note that includes a reliable estimate of the expected impact of the bill on the annual budget of the Department of Healthcare and Family Services and the State of Illinois, as well as an accurate projection of the costs and benefits associated with the implementation of each provision in the bill. The bill shall be held on second reading until the note has been received.

Section 10. Request for and delivery of note. The statement prepared by the Director of Healthcare and Family Services shall be designated a Medicaid Budget and Impact Note. A copy of the Medicaid Budget and Impact Note shall be furnished to the Clerk of the House of Representatives or the Secretary of the Senate, as appropriate, within 7 business days after the bill is approved by the committee to which it is assigned. The Clerk or the Secretary shall procedurally review the note to ensure each of the items in Section 15 is contained in the note; however, neither the Clerk nor the Secretary shall review the note for the accuracy of its contents. If the Clerk or the Secretary determines that the note does not contain the information required in Section 15, the note shall not be accepted and shall be promptly returned to the Director of Healthcare and Family Services, who shall revise and resubmit the note as soon as is possible, but no later than 2 days after its return. If the Clerk or the Secretary determines the note contains the information required in Section 15, the Director of Healthcare and Family Services shall furnish a copy to the presiding officer of each house, the minority leader of each house, the Clerk of the House of Representatives, the Secretary of the Senate, and the sponsor of the bill that is the subject of the note. If the Director determines that additional time is required for the preparation of the note because of the complexity of the bill, the Department may so notify the sponsor of the bill and ask for an extension of time not to exceed 5 additional days within which the note is to be furnished. No extension of time shall extend beyond May 15 following the date of the request.

Section 15. Contents of note. The note shall be factual in nature, as brief and concise as may be, and shall provide as reliable an estimate in terms of dollar and programmatic impact, as is possible under the circumstances, and signed by the Director of Healthcare and Family Services or such person as the Director may designate. The note shall include, but not be limited to, the following information:

(1) the immediate fiscal effect of the measure, the fully annualized fiscal effect of the measure once implemented, and, if determinable or reasonably foreseeable, the long-range fiscal effect of the measure;

(2) a brief explanation of the purpose and anticipated result of the measure;

(3) a list of the methodologies and data sources relied upon by the Director to respond to the note request, including without limitation, all assumptions and formulas;

(4) the projected increase or decrease in program enrollment by category, including, but not limited to, projections for each of the following categories of persons: children, seniors, adults with disabilities, and other adults;

(5) the projected increase or decrease in liability by category, including, but not limited to, projections for each of the following categories: long term care, hospitals, prescription drugs, and practitioners; and

(6) the projected aggregate federal match percentage resulting from the proposed measure.

If, after careful investigation, it is determined that no dollar estimate is possible, the note shall contain a statement to that effect, setting forth in detail the reasons why an estimate cannot be given.

No comment or opinion shall be included in the note with regard to the merits of the measure for which the note is prepared; however, technical or mechanical defects in the measure may be noted.

If the Director of Healthcare and Family Services requires the assistance of the Department of Human Services or any other State executive branch agency under the jurisdiction of the Governor, it shall request assistance from that agency as soon as is possible. If an agency receives such a request, it shall assist the Department of Healthcare and Family Services in a manner that allows the Director to meet the statutory deadlines set forth in Section 10 of this Act.

Section 20. Appearance before legislative committee. The fact that a Medicaid Budget and Impact Note is prepared for any bill shall not preclude or restrict the appearance before any committee of the General Assembly, of any official or authorized employee of any State board, commission, department, agency, or other entity who desires to be heard in support of, or in opposition to, the measure.

Section 25. Applicability to amendments. Whenever any measure is amended on the floor of either house in such manner as to bring it within the description of bills set forth in Section 5 above, a majority of such house may propose that no action shall be taken upon the amendment until the Director of Healthcare and Family Services presents a note that complies with the requirements of this Act.

Section 99. Effective date. This Act takes effect January 1, 2013.