Full Text of HB0289 96th General Assembly
HB0289ham002 96TH GENERAL ASSEMBLY
|
Rep. Gary Hannig
Filed: 2/25/2009
|
|
09600HB0289ham002 |
|
LRB096 04276 RCE 22375 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 289
| 2 |
| AMENDMENT NO. ______. Amend House Bill 289, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
| 5 |
| "Section 1. Short title. This Act may be cited as the | 6 |
| Interfund Borrowing Act of 2009. | 7 |
| Section 5. Interfund transfers. | 8 |
| (a) Notwithstanding any other provision of State law to the | 9 |
| contrary, on the effective date of this Act, or as soon | 10 |
| thereafter as practical, for the purpose of making hospital | 11 |
| access payments as set forth in the Title XIX State plan | 12 |
| amendments 08-06 and 08-07 submitted by the Department of | 13 |
| Healthcare and Family Services and approved by the Center for | 14 |
| Medicaid and State Operations as required in 305 ILCS | 15 |
| 5/5A-12.2, the State Comptroller shall direct and the State | 16 |
| Treasurer shall transfer amounts into the Hospital Provider |
|
|
|
09600HB0289ham002 |
- 2 - |
LRB096 04276 RCE 22375 a |
|
| 1 |
| Fund from the designated funds not exceeding the following | 2 |
| totals: | 3 |
| General Obligation Bond Retirement | 4 |
| and Interest Fund ........................$335,000,000 | 5 |
| State Employees' Retirement System Fund ......$175,000,000 | 6 |
| (b) On and after the effective date of this Act of the 96th | 7 |
| General Assembly through April 14, 2009, if either the General | 8 |
| Obligation Bond Retirement and Interest Fund or the State | 9 |
| Employees' Retirement System Fund has insufficient cash from | 10 |
| which the State Comptroller may make expenditures properly | 11 |
| supported by appropriations from the fund, then the State | 12 |
| Treasurer and State Comptroller shall transfer from the General | 13 |
| Revenue Fund to the fund only such amount as is immediately | 14 |
| necessary to satisfy outstanding expenditure obligations on a | 15 |
| timely basis, subject to the provisions of the State Prompt | 16 |
| Payment Act. All or a portion of the amounts transferred from | 17 |
| the General Revenue Fund to a fund pursuant to this subsection | 18 |
| (b) from time to time may be re-transferred by the State | 19 |
| Comptroller and the State Treasurer from the receiving fund | 20 |
| into the General Revenue Fund as soon as and to the extent that | 21 |
| deposits are made into or receipts are collected by the | 22 |
| receiving fund. | 23 |
| (c) As soon as practical upon receipt of assessment | 24 |
| payments to the Hospital Provider Fund pursuant to 305 ILCS |
|
|
|
09600HB0289ham002 |
- 3 - |
LRB096 04276 RCE 22375 a |
|
| 1 |
| 5/5A-2 and 5/5A-4, but under no circumstance later than April | 2 |
| 14, 2009, any amounts transferred to the Hospital Provider Fund | 3 |
| under the authority of this Section shall be transferred back | 4 |
| and receipted by the specific fund of origin, with the General | 5 |
| Obligation Bond Retirement and Interest Fund first being repaid | 6 |
| in full. These transfers back to the funds of origin shall be | 7 |
| made and receipted notwithstanding any other State law to the | 8 |
| contrary. If, as of April 14, 2009, there is insufficient money | 9 |
| in the Hospital Provider Fund to make the transfers as provided | 10 |
| in this Section, then those transfers shall instead be made | 11 |
| from the General Revenue Fund. Transfers must be made from the | 12 |
| Hospital Provider Fund to the General Revenue Fund to replace | 13 |
| any such transfers made as soon as there is sufficient money in | 14 |
| the Hospital Provider Fund to do so.
| 15 |
| Section 10. Interest payable to the General Obligation Bond | 16 |
| Retirement and Interest Fund and the State Employees' | 17 |
| Retirement System Fund. As soon as practical after all amounts | 18 |
| initially transferred from the General Obligation Bond | 19 |
| Retirement and Interest Fund and the State Employees' | 20 |
| Retirement System Fund have been transferred back pursuant to | 21 |
| Section 5 of this Act, the State Treasurer shall calculate the | 22 |
| amounts of interest that would have accrued to both the General | 23 |
| Obligation Bond Retirement and Interest Fund and the State | 24 |
| Employees' Retirement System Fund if those transfers had not | 25 |
| occurred and transfer those amounts from the Hospital Provider |
|
|
|
09600HB0289ham002 |
- 4 - |
LRB096 04276 RCE 22375 a |
|
| 1 |
| Fund to the General Obligation Bond Retirement and Interest | 2 |
| Fund and the State Employees' Retirement System Fund. | 3 |
| Section 15. Prohibition on payments to contractors. No fees | 4 |
| or expenses shall be paid by the State to any contractual legal | 5 |
| counsel, financial advisor, or other consultant or contractor | 6 |
| in relation to the actions authorized pursuant to this Act. | 7 |
| Section 90. The Illinois Public Aid Code is amended by | 8 |
| changing Section 5A-8 as follows: | 9 |
| (305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
| 10 |
| Sec. 5A-8. Hospital Provider Fund.
| 11 |
| (a) There is created in the State Treasury the Hospital | 12 |
| Provider Fund.
Interest earned by the Fund shall be credited to | 13 |
| the Fund. The
Fund shall not be used to replace any moneys | 14 |
| appropriated to the
Medicaid program by the General Assembly.
| 15 |
| (b) The Fund is created for the purpose of receiving moneys
| 16 |
| in accordance with Section 5A-6 and disbursing moneys only for | 17 |
| the following
purposes, notwithstanding any other provision of | 18 |
| law:
| 19 |
| (1) For making payments to hospitals as required under | 20 |
| Articles V, VI,
and XIV of this Code, under the Children's | 21 |
| Health Insurance Program Act, and under the Covering ALL | 22 |
| KIDS Health Insurance Act.
| 23 |
| (2) For the reimbursement of moneys collected by the
|
|
|
|
09600HB0289ham002 |
- 5 - |
LRB096 04276 RCE 22375 a |
|
| 1 |
| Illinois Department from hospitals or hospital providers | 2 |
| through error or
mistake in performing the
activities | 3 |
| authorized under this Article and Article V of this Code.
| 4 |
| (3) For payment of administrative expenses incurred by | 5 |
| the
Illinois Department or its agent in performing the | 6 |
| activities
authorized by this Article.
| 7 |
| (4) For payments of any amounts which are reimbursable | 8 |
| to
the federal government for payments from this Fund which | 9 |
| are
required to be paid by State warrant.
| 10 |
| (5) For making transfers, as those transfers are | 11 |
| authorized
in the proceedings authorizing debt under the | 12 |
| Short Term Borrowing Act,
but transfers made under this | 13 |
| paragraph (5) shall not exceed the
principal amount of debt | 14 |
| issued in anticipation of the receipt by
the State of | 15 |
| moneys to be deposited into the Fund.
| 16 |
| (6) For making transfers to any other fund in the State | 17 |
| treasury, but
transfers made under this paragraph (6) shall | 18 |
| not exceed the amount transferred
previously from that | 19 |
| other fund into the Hospital Provider Fund.
| 20 |
| (7) For State fiscal years 2004 and 2005 for making | 21 |
| transfers to the Health and Human Services
Medicaid Trust | 22 |
| Fund, including 20% of the moneys received from
hospital | 23 |
| providers under Section 5A-4 and transferred into the | 24 |
| Hospital
Provider
Fund under Section 5A-6. For State fiscal | 25 |
| year 2006 for making transfers to the Health and Human | 26 |
| Services Medicaid Trust Fund of up to $130,000,000 per year |
|
|
|
09600HB0289ham002 |
- 6 - |
LRB096 04276 RCE 22375 a |
|
| 1 |
| of the moneys received from hospital providers under | 2 |
| Section 5A-4 and transferred into the Hospital Provider | 3 |
| Fund under Section 5A-6. Transfers under this paragraph | 4 |
| shall be made within 7
days after the payments have been | 5 |
| received pursuant to the schedule of payments
provided in | 6 |
| subsection (a) of Section 5A-4.
| 7 |
| (7.5) For State fiscal year 2007 for making
transfers | 8 |
| of the moneys received from hospital providers under | 9 |
| Section 5A-4 and transferred into the Hospital Provider | 10 |
| Fund under Section 5A-6 to the designated funds not | 11 |
| exceeding the following amounts
in that State fiscal year: | 12 |
| Health and Human Services | 13 |
| Medicaid Trust Fund .................
$20,000,000 | 14 |
| Long-Term Care Provider Fund ............
$30,000,000 | 15 |
| General Revenue Fund ...................
$80,000,000. | 16 |
| Transfers under this paragraph shall be made within 7 | 17 |
| days after the payments have been received pursuant to the | 18 |
| schedule of payments provided in subsection (a) of Section | 19 |
| 5A-4.
| 20 |
| (7.8) For State fiscal year 2008, for making transfers | 21 |
| of the moneys received from hospital providers under | 22 |
| Section 5A-4 and transferred into the Hospital Provider | 23 |
| Fund under Section 5A-6 to the designated funds not | 24 |
| exceeding the following amounts in that State fiscal year: | 25 |
| Health and Human Services | 26 |
| Medicaid Trust Fund ..................$40,000,000 |
|
|
|
09600HB0289ham002 |
- 7 - |
LRB096 04276 RCE 22375 a |
|
| 1 |
| Long-Term Care Provider Fund ..............$60,000,000 | 2 |
| General Revenue Fund ...................$160,000,000. | 3 |
| Transfers under this paragraph shall be made within 7 | 4 |
| days after the payments have been received pursuant to the | 5 |
| schedule of payments provided in subsection (a) of Section | 6 |
| 5A-4. | 7 |
| (7.9) For State fiscal years 2009 through 2013, for | 8 |
| making transfers of the moneys received from hospital | 9 |
| providers under Section 5A-4 and transferred into the | 10 |
| Hospital Provider Fund under Section 5A-6 to the designated | 11 |
| funds not exceeding the following amounts in that State | 12 |
| fiscal year: | 13 |
| Health and Human Services | 14 |
| Medicaid Trust Fund ...................$20,000,000 | 15 |
| Long Term Care Provider Fund ..............$30,000,000 | 16 |
| General Revenue Fund .....................$80,000,000. | 17 |
| Except as provided under this paragraph, transfers | 18 |
| Transfers under this paragraph shall be made within 7 | 19 |
| business days after the payments have been received | 20 |
| pursuant to the schedule of payments provided in subsection | 21 |
| (a) of Section 5A-4. For State fiscal year 2009, transfers | 22 |
| to the General Revenue Fund under this paragraph shall be | 23 |
| made on or before June 30, 2009, as sufficient funds become | 24 |
| available in the Hospital Provider Fund to both make the | 25 |
| transfers and continue hospital payments. | 26 |
| (8) For making refunds to hospital providers pursuant |
|
|
|
09600HB0289ham002 |
- 8 - |
LRB096 04276 RCE 22375 a |
|
| 1 |
| to Section 5A-10.
| 2 |
| Disbursements from the Fund, other than transfers | 3 |
| authorized under
paragraphs (5) and (6) of this subsection, | 4 |
| shall be by
warrants drawn by the State Comptroller upon | 5 |
| receipt of vouchers
duly executed and certified by the Illinois | 6 |
| Department.
| 7 |
| (c) The Fund shall consist of the following:
| 8 |
| (1) All moneys collected or received by the Illinois
| 9 |
| Department from the hospital provider assessment imposed | 10 |
| by this
Article.
| 11 |
| (2) All federal matching funds received by the Illinois
| 12 |
| Department as a result of expenditures made by the Illinois
| 13 |
| Department that are attributable to moneys deposited in the | 14 |
| Fund.
| 15 |
| (3) Any interest or penalty levied in conjunction with | 16 |
| the
administration of this Article.
| 17 |
| (4) Moneys transferred from another fund in the State | 18 |
| treasury.
| 19 |
| (5) All other moneys received for the Fund from any | 20 |
| other
source, including interest earned thereon.
| 21 |
| (d) (Blank).
| 22 |
| (Source: P.A. 94-242, eff. 7-18-05; 94-839, eff. 6-6-06; | 23 |
| 95-707, eff. 1-11-08; 95-859, eff. 8-19-08.)
| 24 |
| Section 95. Repeal. The Interfund Borrowing Act of 2009 is | 25 |
| repealed on July 1, 2009.
|
|
|
|
09600HB0289ham002 |
- 9 - |
LRB096 04276 RCE 22375 a |
|
| 1 |
| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
|
|