Full Text of SB0773 97th General Assembly
SB0773sam001 97TH GENERAL ASSEMBLY | Sen. Donne E. Trotter Filed: 11/7/2011
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| 1 | | AMENDMENT TO SENATE BILL 773
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 773 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Aid Code is amended by | 5 | | changing 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 | 8 | | Public Aid Recoveries Trust Fund shall consist of (1)
| 9 | | recoveries by the Department of Healthcare and Family Services | 10 | | (formerly Illinois Department of Public Aid) authorized by this | 11 | | Code
in respect to applicants or recipients under Articles III, | 12 | | IV, V, and VI,
including recoveries made by the Department of | 13 | | Healthcare and Family Services (formerly Illinois Department | 14 | | of Public
Aid) from the estates of deceased recipients, (2) | 15 | | recoveries made by the
Department of Healthcare and Family | 16 | | Services (formerly Illinois Department of Public Aid) in |
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| 1 | | respect to applicants and recipients under
the Children's | 2 | | Health Insurance Program Act, the Covering ALL KIDS Health | 3 | | Insurance Act, and the Senior Citizens and Disabled Persons | 4 | | Property Tax Relief and Pharmaceutical Assistance Act, (3) | 5 | | federal funds received on
behalf of and earned by State | 6 | | universities and local governmental entities
for services | 7 | | provided to
applicants or recipients covered under this Code, | 8 | | the Children's Health Insurance Program Act, the Covering ALL | 9 | | KIDS Health Insurance Act, and the Senior Citizens and Disabled | 10 | | Persons Property Tax Relief and Pharmaceutical Assistance Act, | 11 | | (3.5) federal financial participation revenue related to | 12 | | eligible disbursements made by the Department of Healthcare and | 13 | | Family Services from appropriations required by this Section, | 14 | | and (4) all other moneys received to the Fund, including | 15 | | interest thereon. The Fund shall be held
as a special fund in | 16 | | the State Treasury.
| 17 | | Disbursements from this Fund shall be only (1) for the | 18 | | reimbursement of
claims collected by the Department of | 19 | | Healthcare and Family Services (formerly Illinois Department | 20 | | of Public Aid) through error
or mistake, (2) for payment to | 21 | | persons or agencies designated as payees or
co-payees on any | 22 | | instrument, whether or not negotiable, delivered to the
| 23 | | Department of Healthcare and Family Services (formerly
| 24 | | Illinois Department of Public Aid) as a recovery under this | 25 | | Section, such
payment to be in proportion to the respective | 26 | | interests of the payees in the
amount so collected, (3) for |
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| 1 | | payments to the Department of Human Services
for collections | 2 | | made by the Department of Healthcare and Family Services | 3 | | (formerly Illinois Department of Public Aid) on behalf of
the | 4 | | Department of Human Services under this Code, the Children's | 5 | | Health Insurance Program Act, and the Covering ALL KIDS Health | 6 | | Insurance Act, (4) for payment of
administrative expenses | 7 | | incurred in performing the
activities authorized under this | 8 | | Code, the Children's Health Insurance Program Act, the Covering | 9 | | ALL KIDS Health Insurance Act, and the Senior Citizens and | 10 | | Disabled Persons Property Tax Relief and Pharmaceutical | 11 | | Assistance Act, (5)
for payment of fees to persons or agencies | 12 | | in the performance of activities
pursuant to the collection of | 13 | | monies owed the State that are collected
under this Code, the | 14 | | Children's Health Insurance Program Act, the Covering ALL KIDS | 15 | | Health Insurance Act, and the Senior Citizens and Disabled | 16 | | Persons Property Tax Relief and Pharmaceutical Assistance Act, | 17 | | (6) for payments of any amounts which are
reimbursable to the | 18 | | federal government which are required to be paid by State
| 19 | | warrant by either the State or federal government, and (7) for | 20 | | payments
to State universities and local governmental entities | 21 | | of federal funds for
services provided to
applicants or | 22 | | recipients covered under this Code, the Children's Health | 23 | | Insurance Program Act, the Covering ALL KIDS Health Insurance | 24 | | Act, and the Senior Citizens and Disabled Persons Property Tax | 25 | | Relief and Pharmaceutical Assistance Act. Disbursements
from | 26 | | this Fund for purposes of items (4) and (5) of this
paragraph |
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| 1 | | shall be subject to appropriations from the Fund to the | 2 | | Department of Healthcare and Family Services (formerly | 3 | | Illinois
Department of Public Aid).
| 4 | | The balance in this Fund on the first day of each calendar | 5 | | quarter, after
payment therefrom of any amounts reimbursable to | 6 | | the federal government, and
minus the amount reasonably | 7 | | anticipated to be needed to make the disbursements
during that | 8 | | quarter authorized by this Section, shall be certified by the
| 9 | | Director of Healthcare and Family Services and transferred by | 10 | | the
State Comptroller to the Drug Rebate Fund or the Healthcare | 11 | | Provider Relief Fund in
the State Treasury, as appropriate, | 12 | | within 30 days of the first day of
each calendar quarter. The | 13 | | Director of Healthcare and Family Services may certify and the | 14 | | State Comptroller shall transfer to the Drug Rebate Fund | 15 | | amounts on a more frequent basis.
| 16 | | On July 1, 1999, the State Comptroller shall transfer the | 17 | | sum of $5,000,000
from the Public Aid Recoveries Trust Fund | 18 | | (formerly the Public Assistance
Recoveries Trust Fund) into the | 19 | | DHS 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 | 22 | | 1, 2012.".
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