August 19, 2016

To the Honorable Members of

The Illinois House of Representatives,

99th General Assembly:

Today I return House Bill 5539.

The bill would prohibit the Department of Healthcare and Family Services from recovering overpayments or other amounts due from Medicaid providers after six years, unless there is an active law enforcement investigation or the recovery is required by the federal Centers for Medicare and Medicaid Services.

We understand the challenges of doing business with the State of Illinois, which were compounded by years of mismanagement. The Department should be expected to identify potential overpayments promptly – not wait six or more years. We must continue to improve fiscal practices across State agencies to avoid this type of problem.

But when the Department becomes aware of overpayments, it should be able to take appropriate action to recover those amounts. Although the intent of this bill is laudable, ultimately Illinois taxpayers would be forced to bear the cost, while businesses and providers profit at their expense. 

Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return House Bill 5539, entitled “AN ACT concerning State government”, with the foregoing objections, vetoed in its entirety.

Sincerely,

Bruce Rauner

GOVERNOR