Full Text of HB1077 97th General Assembly
HB1077enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Section 8A-2.5 as follows:
| 6 | | (305 ILCS 5/8A-2.5)
| 7 | | Sec. 8A-2.5. Unauthorized use of medical assistance.
| 8 | | (a) Any person who knowingly uses, acquires, possesses, or | 9 | | transfers a
medical card in any manner not authorized by law or | 10 | | by rules and regulations of
the Illinois Department, or who | 11 | | knowingly alters a medical card, or who
knowingly uses, | 12 | | acquires, possesses, or transfers an altered medical card, is
| 13 | | guilty of a violation of this Article and shall be punished as | 14 | | provided in
Section 8A-6.
| 15 | | (b) Any person who knowingly obtains unauthorized medical | 16 | | benefits with or
without use of a medical card is guilty of a | 17 | | violation of this Article and
shall be punished as provided in | 18 | | Section 8A-6.
| 19 | | (c) The Department may seek to recover any and all State | 20 | | and federal monies for which it has improperly and erroneously | 21 | | paid benefits as a result of a fraudulent action and any civil | 22 | | penalties authorized in this Section. Pursuant to Section | 23 | | 11-14.5 of this Code, the Department may determine the monetary |
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| 1 | | value of benefits improperly and erroneously received. The | 2 | | Department may recover the monies paid for such benefits and | 3 | | interest on that amount at the rate of 5% per annum for the | 4 | | period from which payment was made to the date upon which | 5 | | repayment is made to the State. Prior to the recovery of any | 6 | | amount paid for benefits allegedly obtained by fraudulent | 7 | | means, the recipient of such benefits shall be afforded an | 8 | | opportunity for a hearing after reasonable notice. The notice | 9 | | shall be served personally or by certified or registered mail | 10 | | or as otherwise provided by law upon the parties or their | 11 | | agents appointed to receive service of process and shall | 12 | | include the following: | 13 | | (1) A statement of the time, place and nature of the | 14 | | hearing. | 15 | | (2) A statement of the legal authority and jurisdiction | 16 | | under which the hearing is to be held. | 17 | | (3) A reference to the particular Sections of the | 18 | | substantive and procedural statutes and rules involved. | 19 | | (4) Except where a more detailed statement is otherwise | 20 | | provided for by law, a short and plain statement of the | 21 | | matters asserted, the consequences of a failure to respond, | 22 | | and the official file or other reference number. | 23 | | (5) A statement of the monetary value of the benefits | 24 | | fraudulently received by the person accused. | 25 | | (6) A statement that, in addition to any other | 26 | | penalties provided by law, a civil penalty in an amount not |
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| 1 | | to exceed $2,000 may be imposed for each fraudulent claim | 2 | | for benefits or payments. | 3 | | (7) A statement providing that the determination of the | 4 | | monetary value may be contested by petitioning the | 5 | | Department for an administrative hearing within 30 days | 6 | | from the date of mailing the notice. | 7 | | (8) The names and mailing addresses of the | 8 | | administrative law judge, all parties, and all other | 9 | | persons to whom the agency gives notice of the hearing | 10 | | unless otherwise confidential by law. | 11 | | An opportunity shall be afforded all parties to be | 12 | | represented by legal counsel and to respond and present | 13 | | evidence and argument. | 14 | | Unless precluded by law, disposition may be made of any | 15 | | contested case by stipulation, agreed settlement, consent | 16 | | order, or default. | 17 | | Any final order, decision, or other determination made, | 18 | | issued or executed by the Director under the provisions of this | 19 | | Article whereby any person is aggrieved shall be subject to | 20 | | review in accordance with the provisions of the Administrative | 21 | | Review Law, and the rules adopted pursuant thereto, which shall | 22 | | apply to and govern all proceedings for the judicial review of | 23 | | final administrative decisions of the Director. | 24 | | Upon entry of a final administrative decision for repayment | 25 | | of any benefits obtained by fraudulent means, or for any civil | 26 | | penalties assessed, a lien shall attach to all property and |
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| 1 | | assets of such person, firm, corporation, association, agency, | 2 | | institution, or other legal entity until the judgment is | 3 | | satisfied. | 4 | | Within 18 12 months of the effective date of this | 5 | | amendatory Act of the 96th General Assembly, the Department of | 6 | | Healthcare and Family Services will report to the General | 7 | | Assembly on the number of fraud cases identified and pursued, | 8 | | and the fines assessed and collected. The report will also | 9 | | include the Department's analysis as to the use of private | 10 | | sector resources to bring action, investigate, and collect | 11 | | monies owed. | 12 | | (Source: P.A. 96-1501, eff. 1-25-11.)
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