Full Text of HB2946 98th General Assembly
HB2946eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Finance Act is amended by changing | 5 | | Section 25 as follows:
| 6 | | (30 ILCS 105/25) (from Ch. 127, par. 161)
| 7 | | Sec. 25. Fiscal year limitations.
| 8 | | (a) All appropriations shall be
available for expenditure | 9 | | for the fiscal year or for a lesser period if the
Act making | 10 | | that appropriation so specifies. A deficiency or emergency
| 11 | | appropriation shall be available for expenditure only through | 12 | | June 30 of
the year when the Act making that appropriation is | 13 | | enacted unless that Act
otherwise provides.
| 14 | | (b) Outstanding liabilities as of June 30, payable from | 15 | | appropriations
which have otherwise expired, may be paid out of | 16 | | the expiring
appropriations during the 2-month period ending at | 17 | | the
close of business on August 31. Any service involving
| 18 | | professional or artistic skills or any personal services by an | 19 | | employee whose
compensation is subject to income tax | 20 | | withholding must be performed as of June
30 of the fiscal year | 21 | | in order to be considered an "outstanding liability as of
June | 22 | | 30" that is thereby eligible for payment out of the expiring
| 23 | | appropriation.
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| 1 | | (b-1) However, payment of tuition reimbursement claims | 2 | | under Section 14-7.03 or
18-3 of the School Code may be made by | 3 | | the State Board of Education from its
appropriations for those | 4 | | respective purposes for any fiscal year, even though
the claims | 5 | | reimbursed by the payment may be claims attributable to a prior
| 6 | | fiscal year, and payments may be made at the direction of the | 7 | | State
Superintendent of Education from the fund from which the | 8 | | appropriation is made
without regard to any fiscal year | 9 | | limitations, except as required by subsection (j) of this | 10 | | Section. Beginning on June 30, 2021, payment of tuition | 11 | | reimbursement claims under Section 14-7.03 or 18-3 of the | 12 | | School Code as of June 30, payable from appropriations that | 13 | | have otherwise expired, may be paid out of the expiring | 14 | | appropriation during the 4-month period ending at the close of | 15 | | business on October 31.
| 16 | | (b-2) All outstanding liabilities as of June 30, 2010, | 17 | | payable from appropriations that would otherwise expire at the | 18 | | conclusion of the lapse period for fiscal year 2010, and | 19 | | interest penalties payable on those liabilities under the State | 20 | | Prompt Payment Act, may be paid out of the expiring | 21 | | appropriations until December 31, 2010, without regard to the | 22 | | fiscal year in which the payment is made, as long as vouchers | 23 | | for the liabilities are received by the Comptroller no later | 24 | | than August 31, 2010. | 25 | | (b-2.5) All outstanding liabilities as of June 30, 2011, | 26 | | payable from appropriations that would otherwise expire at the |
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| 1 | | conclusion of the lapse period for fiscal year 2011, and | 2 | | interest penalties payable on those liabilities under the State | 3 | | Prompt Payment Act, may be paid out of the expiring | 4 | | appropriations until December 31, 2011, without regard to the | 5 | | fiscal year in which the payment is made, as long as vouchers | 6 | | for the liabilities are received by the Comptroller no later | 7 | | than August 31, 2011. | 8 | | (b-2.6) All outstanding liabilities as of June 30, 2012, | 9 | | payable from appropriations that would otherwise expire at the | 10 | | conclusion of the lapse period for fiscal year 2012, and | 11 | | interest penalties payable on those liabilities under the State | 12 | | Prompt Payment Act, may be paid out of the expiring | 13 | | appropriations until December 31, 2012, without regard to the | 14 | | fiscal year in which the payment is made, as long as vouchers | 15 | | for the liabilities are received by the Comptroller no later | 16 | | than August 31, 2012. | 17 | | (b-2.7) (b-2.6) For fiscal years 2012 and 2013, interest | 18 | | penalties payable under the State Prompt Payment Act associated | 19 | | with a voucher for which payment is issued after June 30 may be | 20 | | paid out of the next fiscal year's appropriation. The future | 21 | | year appropriation must be for the same purpose and from the | 22 | | same fund as the original payment. An interest penalty voucher | 23 | | submitted against a future year appropriation must be submitted | 24 | | within 60 days after the issuance of the associated voucher, | 25 | | and the Comptroller must issue the interest payment within 60 | 26 | | days after acceptance of the interest voucher. |
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| 1 | | | 2 | | (b-3) Medical payments may be made by the Department of | 3 | | Veterans' Affairs from
its
appropriations for those purposes | 4 | | for any fiscal year, without regard to the
fact that the | 5 | | medical services being compensated for by such payment may have
| 6 | | been rendered in a prior fiscal year, except as required by | 7 | | subsection (j) of this Section. Beginning on June 30, 2021, | 8 | | medical payments payable from appropriations that have | 9 | | otherwise expired may be paid out of the expiring appropriation | 10 | | during the 4-month period ending at the close of business on | 11 | | October 31.
| 12 | | (b-4) Medical payments and child care
payments may be made | 13 | | by the Department of
Human Services (as successor to the | 14 | | Department of Public Aid) from
appropriations for those | 15 | | purposes for any fiscal year,
without regard to the fact that | 16 | | the medical or child care services being
compensated for by | 17 | | such payment may have been rendered in a prior fiscal
year; and | 18 | | payments may be made at the direction of the Department of
| 19 | | Healthcare and Family Services (or successor agency) from the | 20 | | Health Insurance Reserve Fund without regard to any fiscal
year | 21 | | limitations, except as required by subsection (j) of this | 22 | | Section. Beginning on June 30, 2021, medical and child care | 23 | | payments made by the Department of Human Services , and payments | 24 | | made at the discretion of the Department of Healthcare and | 25 | | Family Services (or successor agency) from the Health Insurance | 26 | | Reserve Fund and payable from appropriations that have |
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| 1 | | otherwise expired may be paid out of the expiring appropriation | 2 | | during the 4-month period ending at the close of business on | 3 | | October 31.
| 4 | | (b-5) Medical payments may be made by the Department of | 5 | | Human Services from its appropriations relating to substance | 6 | | abuse treatment services for any fiscal year, without regard to | 7 | | the fact that the medical services being compensated for by | 8 | | such payment may have been rendered in a prior fiscal year, | 9 | | provided the payments are made on a fee-for-service basis | 10 | | consistent with requirements established for Medicaid | 11 | | reimbursement by the Department of Healthcare and Family | 12 | | Services, except as required by subsection (j) of this Section. | 13 | | Beginning on June 30, 2021, medical payments made by the | 14 | | Department of Human Services relating to substance abuse | 15 | | treatment services payable from appropriations that have | 16 | | otherwise expired may be paid out of the expiring appropriation | 17 | | during the 4-month period ending at the close of business on | 18 | | October 31. | 19 | | (b-6) Additionally, payments may be made by the Department | 20 | | of Human Services from
its appropriations, or any other State | 21 | | agency from its appropriations with
the approval of the | 22 | | Department of Human Services, from the Immigration Reform
and | 23 | | Control Fund for purposes authorized pursuant to the | 24 | | Immigration Reform
and Control Act of 1986, without regard to | 25 | | any fiscal year limitations, except as required by subsection | 26 | | (j) of this Section. Beginning on June 30, 2021, payments made |
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| 1 | | by the Department of Human Services from the Immigration Reform | 2 | | and Control Fund for purposes authorized pursuant to the | 3 | | Immigration Reform and Control Act of 1986 payable from | 4 | | appropriations that have otherwise expired may be paid out of | 5 | | the expiring appropriation during the 4-month period ending at | 6 | | the close of business on October 31.
| 7 | | (b-7) Payments may be made in accordance with a plan | 8 | | authorized by paragraph (11) or (12) of Section 405-105 of the | 9 | | Department of Central Management Services Law from | 10 | | appropriations for those payments without regard to fiscal year | 11 | | limitations. | 12 | | (b-8) Notwithstanding any provision of law to the contrary | 13 | | and to the extent permitted by federal law, as of July 1, 2015, | 14 | | outstanding liabilities as of June 30, payable from | 15 | | appropriations
which have otherwise expired, may be paid out of | 16 | | the expiring
appropriations only during the 2-month period | 17 | | ending at the
close of business on August 31. Any service | 18 | | involving
professional or artistic skills or any personal | 19 | | services by an employee whose
compensation is subject to income | 20 | | tax withholding must be performed as of June
30 of the fiscal | 21 | | year in order to be considered an "outstanding liability as of
| 22 | | June 30" that is thereby eligible for payment out of the | 23 | | expiring
appropriation. | 24 | | (c) Further, payments may be made by the Department of | 25 | | Public Health and the
Department of Human Services (acting as | 26 | | successor to the Department of Public
Health under the |
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| 1 | | Department of Human Services Act)
from their respective | 2 | | appropriations for grants for medical care to or on
behalf of | 3 | | premature and high-mortality risk infants and their mothers and
| 4 | | for grants for supplemental food supplies provided under the | 5 | | United States
Department of Agriculture Women, Infants and | 6 | | Children Nutrition Program,
for any fiscal year without regard | 7 | | to the fact that the services being
compensated for by such | 8 | | payment may have been rendered in a prior fiscal year, except | 9 | | as required by subsection (j) of this Section. Beginning on | 10 | | June 30, 2021, payments made by the Department of Public Health | 11 | | and the Department of Human Services from their respective | 12 | | appropriations for grants for medical care to or on behalf of | 13 | | premature and high-mortality risk infants and their mothers and | 14 | | for grants for supplemental food supplies provided under the | 15 | | United States Department of Agriculture Women, Infants and | 16 | | Children Nutrition Program payable from appropriations that | 17 | | have otherwise expired may be paid out of the expiring | 18 | | appropriations during the 4-month period ending at the close of | 19 | | business on October 31.
| 20 | | (d) The Department of Public Health and the Department of | 21 | | Human Services
(acting as successor to the Department of Public | 22 | | Health under the Department of
Human Services Act) shall each | 23 | | annually submit to the State Comptroller, Senate
President, | 24 | | Senate
Minority Leader, Speaker of the House, House Minority | 25 | | Leader, and the
respective Chairmen and Minority Spokesmen of | 26 | | the
Appropriations Committees of the Senate and the House, on |
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| 1 | | or before
December 31, a report of fiscal year funds used to | 2 | | pay for services
provided in any prior fiscal year. This report | 3 | | shall document by program or
service category those | 4 | | expenditures from the most recently completed fiscal
year used | 5 | | to pay for services provided in prior fiscal years.
| 6 | | (e) The Department of Healthcare and Family Services, the | 7 | | Department of Human Services
(acting as successor to the | 8 | | Department of Public Aid), and the Department of Human Services | 9 | | making fee-for-service payments relating to substance abuse | 10 | | treatment services provided during a previous fiscal year shall | 11 | | each annually
submit to the State
Comptroller, Senate | 12 | | President, Senate Minority Leader, Speaker of the House,
House | 13 | | Minority Leader, the respective Chairmen and Minority | 14 | | Spokesmen of the
Appropriations Committees of the Senate and | 15 | | the House, on or before November
30, a report that shall | 16 | | document by program or service category those
expenditures from | 17 | | the most recently completed fiscal year used to pay for (i)
| 18 | | services provided in prior fiscal years and (ii) services for | 19 | | which claims were
received in prior fiscal years.
| 20 | | (f) The Department of Human Services (as successor to the | 21 | | Department of
Public Aid) shall annually submit to the State
| 22 | | Comptroller, Senate President, Senate Minority Leader, Speaker | 23 | | of the House,
House Minority Leader, and the respective | 24 | | Chairmen and Minority Spokesmen of
the Appropriations | 25 | | Committees of the Senate and the House, on or before
December | 26 | | 31, a report
of fiscal year funds used to pay for services |
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| 1 | | (other than medical care)
provided in any prior fiscal year. | 2 | | This report shall document by program or
service category those | 3 | | expenditures from the most recently completed fiscal
year used | 4 | | to pay for services provided in prior fiscal years.
| 5 | | (g) In addition, each annual report required to be | 6 | | submitted by the
Department of Healthcare and Family Services | 7 | | under subsection (e) shall include the following
information | 8 | | with respect to the State's Medicaid program:
| 9 | | (1) Explanations of the exact causes of the variance | 10 | | between the previous
year's estimated and actual | 11 | | liabilities.
| 12 | | (2) Factors affecting the Department of Healthcare and | 13 | | Family Services' liabilities,
including but not limited to | 14 | | numbers of aid recipients, levels of medical
service | 15 | | utilization by aid recipients, and inflation in the cost of | 16 | | medical
services.
| 17 | | (3) The results of the Department's efforts to combat | 18 | | fraud and abuse.
| 19 | | (h) As provided in Section 4 of the General Assembly | 20 | | Compensation Act,
any utility bill for service provided to a | 21 | | General Assembly
member's district office for a period | 22 | | including portions of 2 consecutive
fiscal years may be paid | 23 | | from funds appropriated for such expenditure in
either fiscal | 24 | | year.
| 25 | | (i) An agency which administers a fund classified by the | 26 | | Comptroller as an
internal service fund may issue rules for:
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| 1 | | (1) billing user agencies in advance for payments or | 2 | | authorized inter-fund transfers
based on estimated charges | 3 | | for goods or services;
| 4 | | (2) issuing credits, refunding through inter-fund | 5 | | transfers, or reducing future inter-fund transfers
during
| 6 | | the subsequent fiscal year for all user agency payments or | 7 | | authorized inter-fund transfers received during the
prior | 8 | | fiscal year which were in excess of the final amounts owed | 9 | | by the user
agency for that period; and
| 10 | | (3) issuing catch-up billings to user agencies
during | 11 | | the subsequent fiscal year for amounts remaining due when | 12 | | payments or authorized inter-fund transfers
received from | 13 | | the user agency during the prior fiscal year were less than | 14 | | the
total amount owed for that period.
| 15 | | User agencies are authorized to reimburse internal service | 16 | | funds for catch-up
billings by vouchers drawn against their | 17 | | respective appropriations for the
fiscal year in which the | 18 | | catch-up billing was issued or by increasing an authorized | 19 | | inter-fund transfer during the current fiscal year. For the | 20 | | purposes of this Act, "inter-fund transfers" means transfers | 21 | | without the use of the voucher-warrant process, as authorized | 22 | | by Section 9.01 of the State Comptroller Act.
| 23 | | (i-1) Beginning on July 1, 2021, all outstanding | 24 | | liabilities, not payable during the 4-month lapse period as | 25 | | described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and | 26 | | (c) of this Section, that are made from appropriations for that |
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| 1 | | purpose for any fiscal year, without regard to the fact that | 2 | | the services being compensated for by those payments may have | 3 | | been rendered in a prior fiscal year, are limited to only those | 4 | | claims that have been incurred but for which a proper bill or | 5 | | invoice as defined by the State Prompt Payment Act has not been | 6 | | received by September 30th following the end of the fiscal year | 7 | | in which the service was rendered. | 8 | | (j) Notwithstanding any other provision of this Act, the | 9 | | aggregate amount of payments to be made without regard for | 10 | | fiscal year limitations as contained in subsections (b-1), | 11 | | (b-3), (b-4), (b-5), (b-6), and (c) of this Section, and | 12 | | determined by using Generally Accepted Accounting Principles, | 13 | | shall not exceed the following amounts: | 14 | | (1) $6,000,000,000 for outstanding liabilities related | 15 | | to fiscal year 2012; | 16 | | (2) $5,300,000,000 for outstanding liabilities related | 17 | | to fiscal year 2013; | 18 | | (3) $4,600,000,000 for outstanding liabilities related | 19 | | to fiscal year 2014; | 20 | | (4) $4,000,000,000 for outstanding liabilities related | 21 | | to fiscal year 2015; | 22 | | (5) $3,300,000,000 for outstanding liabilities related | 23 | | to fiscal year 2016; | 24 | | (6) $2,600,000,000 for outstanding liabilities related | 25 | | to fiscal year 2017; | 26 | | (7) $2,000,000,000 for outstanding liabilities related |
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| 1 | | to fiscal year 2018; | 2 | | (8) $1,300,000,000 for outstanding liabilities related | 3 | | to fiscal year 2019; | 4 | | (9) $600,000,000 for outstanding liabilities related | 5 | | to fiscal year 2020; and | 6 | | (10) $0 for outstanding liabilities related to fiscal | 7 | | year 2021 and fiscal years thereafter. | 8 | | (k) Department of Healthcare and Family Services Medical | 9 | | Assistance Payments. | 10 | | (1) Definition of Medical Assistance. | 11 | | For purposes of this subsection, the term "Medical | 12 | | Assistance" shall include, but not necessarily be | 13 | | limited to, medical programs and services authorized | 14 | | under Titles XIX and XXI of the Social Security Act, | 15 | | the Illinois Public Aid Code, the Children's Health | 16 | | Insurance Program Act, the Covering ALL KIDS Health | 17 | | Insurance Act, the Long Term Acute Care Hospital | 18 | | Quality Improvement Transfer Program Act, and medical | 19 | | care to or on behalf of persons suffering from chronic | 20 | | renal disease, persons suffering from hemophilia , and | 21 | | victims of sexual assault. | 22 | | (2) Limitations on Medical Assistance payments that | 23 | | may be paid from future fiscal year appropriations. | 24 | | (A) The maximum amounts of annual unpaid Medical | 25 | | Assistance bills received and recorded by the | 26 | | Department of Healthcare and Family Services on or |
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| 1 | | before June 30th of a particular fiscal year | 2 | | attributable in aggregate to the General Revenue Fund, | 3 | | Healthcare Provider Relief Fund, Tobacco Settlement | 4 | | Recovery Fund, Long-Term Care Provider Fund, and the | 5 | | Drug Rebate Fund that may be paid in total by the | 6 | | Department from future fiscal year Medical Assistance | 7 | | appropriations to those funds are:
$700,000,000 for | 8 | | fiscal year 2013 and $100,000,000 for fiscal year 2014 | 9 | | and each fiscal year thereafter. | 10 | | (B) Bills for Medical Assistance services rendered | 11 | | in a particular fiscal year, but received and recorded | 12 | | by the Department of Healthcare and Family Services | 13 | | after June 30th of that fiscal year, may be paid from | 14 | | either appropriations for that fiscal year or future | 15 | | fiscal year appropriations for Medical Assistance. | 16 | | Such payments shall not be subject to the requirements | 17 | | of subparagraph (A). | 18 | | (C) Medical Assistance bills received by the | 19 | | Department of Healthcare and Family Services in a | 20 | | particular fiscal year, but subject to payment amount | 21 | | adjustments in a future fiscal year may be paid from a | 22 | | future fiscal year's appropriation for Medical | 23 | | Assistance. Such payments shall not be subject to the | 24 | | requirements of subparagraph (A). | 25 | | (D) Medical Assistance payments made by the | 26 | | Department of Healthcare and Family Services from |
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| 1 | | funds other than those specifically referenced in | 2 | | subparagraph (A) may be made from appropriations for | 3 | | those purposes for any fiscal year without regard to | 4 | | the fact that the Medical Assistance services being | 5 | | compensated for by such payment may have been rendered | 6 | | in a prior fiscal year. Such payments shall not be | 7 | | subject to the requirements of subparagraph (A). | 8 | | (3) Extended lapse period for Department of Healthcare | 9 | | and Family Services Medical Assistance payments. | 10 | | Notwithstanding any other State law to the contrary, | 11 | | outstanding Department of Healthcare and Family Services | 12 | | Medical Assistance liabilities, as of June 30th, payable | 13 | | from appropriations which have otherwise expired, may be | 14 | | paid out of the expiring appropriations during the 6-month | 15 | | period ending at the close of business on December 31st. | 16 | | (l) The changes to this Section made by Public Act 97-691 | 17 | | this amendatory Act of the 97th General Assembly shall be | 18 | | effective for payment of Medical Assistance bills incurred in | 19 | | fiscal year 2013 and future fiscal years. The changes to this | 20 | | Section made by Public Act 97-691 this amendatory Act of the | 21 | | 97th General Assembly shall not be applied to Medical | 22 | | Assistance bills incurred in fiscal year 2012 or prior fiscal | 23 | | years. | 24 | | (m) (k) The Comptroller must issue payments against | 25 | | outstanding liabilities that were received prior to the lapse | 26 | | period deadlines set forth in this Section as soon thereafter |
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| 1 | | as practical, but no payment may be issued after the 4 months | 2 | | following the lapse period deadline without the signed | 3 | | authorization of the Comptroller and the Governor. | 4 | | (Source: P.A. 96-928, eff. 6-15-10; 96-958, eff. 7-1-10; | 5 | | 96-1501, eff. 1-25-11; 97-75, eff. 6-30-11; 97-333, eff. | 6 | | 8-12-11; 97-691, eff. 7-1-12; 97-732, eff. 6-30-12; 97-932, | 7 | | eff. 8-10-12; revised 8-23-12.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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