Full Text of SB3268 103rd General Assembly
SB3268eng 103RD GENERAL ASSEMBLY | | | SB3268 Engrossed | | LRB103 39338 KTG 69500 b |
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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 | | Article 1. | 5 | | (305 ILCS 5/15-6 rep.) | 6 | | Section 1-5. The Illinois Public Aid Code is amended by | 7 | | repealing Section 15-6. | 8 | | Article 5. | 9 | | Section 5-5. The State Finance Act is amended by changing | 10 | | Section 5.797 as follows: | 11 | | (30 ILCS 105/5.797) | 12 | | Sec. 5.797. The Electronic Health Record Incentive Fund. | 13 | | This Section is repealed on January 1, 2025. | 14 | | (Source: P.A. 97-169, eff. 7-22-11; 97-813, eff. 7-13-12.) | 15 | | Section 5-10. The Illinois Public Aid Code is amended by | 16 | | changing Section 12-10.6a as follows: | 17 | | (305 ILCS 5/12-10.6a) | 18 | | Sec. 12-10.6a. The Electronic Health Record Incentive |
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| 1 | | Fund. | 2 | | (a) The Electronic Health Record Incentive Fund is a | 3 | | special fund created in the State treasury. All federal moneys | 4 | | received by the Department of Healthcare and Family Services | 5 | | for payments to qualifying health care providers to encourage | 6 | | the adoption and use of certified electronic health records | 7 | | technology pursuant to paragraph 1903(t)(1) of the Social | 8 | | Security Act, shall be deposited into the Fund. | 9 | | (b) Disbursements from the Fund shall be made at the | 10 | | direction of the Director of Healthcare and Family Services to | 11 | | qualifying health care providers, in amounts established under | 12 | | applicable federal regulation (42 CFR 495 et seq.), in order | 13 | | to encourage the adoption and use of certified electronic | 14 | | health records technology. | 15 | | (c) On January 1, 2025, or as soon thereafter as | 16 | | practical, the State Comptroller shall direct and the State | 17 | | Treasurer shall transfer the remaining balance from the | 18 | | Electronic Health Record Incentive Fund into the Public Aid | 19 | | Recoveries Trust Fund. Upon completion of the transfer, the | 20 | | Electronic Health Record Incentive Fund is dissolved, and any | 21 | | future deposits due to that Fund and any outstanding | 22 | | obligations or liabilities of that Fund shall pass to the | 23 | | Public Aid Recoveries Trust Fund. | 24 | | (Source: P.A. 97-169, eff. 7-22-11.) | 25 | | Article 10. |
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| 1 | | (30 ILCS 105/5.836 rep.) | 2 | | Section 10-5. The State Finance Act is amended by | 3 | | repealing Section 5.836. | 4 | | (305 ILCS 5/5-31 rep.) | 5 | | (305 ILCS 5/5-32 rep.) | 6 | | Section 10-15. The Illinois Public Aid Code is amended by | 7 | | repealing Sections 5-31 and 5-32. | 8 | | Article 15. | 9 | | Section 15-5. The State Finance Act is amended by changing | 10 | | Section 5.481 as follows: | 11 | | (30 ILCS 105/5.481) | 12 | | Sec. 5.481. The Juvenile Rehabilitation Services Medicaid | 13 | | Matching Fund. This Section is repealed on January 1, 2026. | 14 | | (Source: P.A. 90-587, eff. 7-1-98.) | 15 | | Section 15-10. The Illinois Public Aid Code is amended by | 16 | | changing Sections 12-9 and 12-10.4 as follows: | 17 | | (305 ILCS 5/12-9) (from Ch. 23, par. 12-9) | 18 | | Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The | 19 | | Public Aid Recoveries Trust Fund shall consist of (1) |
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| 1 | | recoveries by the Department of Healthcare and Family Services | 2 | | (formerly Illinois Department of Public Aid) authorized by | 3 | | this Code in respect to applicants or recipients under | 4 | | Articles III, IV, V, and VI, including recoveries made by the | 5 | | Department of Healthcare and Family Services (formerly | 6 | | Illinois Department of Public Aid) from the estates of | 7 | | deceased recipients, (2) recoveries made by the Department of | 8 | | Healthcare and Family Services (formerly Illinois Department | 9 | | of Public Aid) in respect to applicants and recipients under | 10 | | the Children's Health Insurance Program Act, and the Covering | 11 | | ALL KIDS Health Insurance Act, (2.5) recoveries made by the | 12 | | Department of Healthcare and Family Services in connection | 13 | | with the imposition of an administrative penalty as provided | 14 | | under Section 12-4.45, (3) federal funds received on behalf of | 15 | | and earned by State universities , other State agencies or | 16 | | departments, and local governmental entities for services | 17 | | provided to applicants or recipients covered under this Code, | 18 | | the Children's Health Insurance Program Act, and the Covering | 19 | | ALL KIDS Health Insurance Act, (3.5) federal financial | 20 | | participation revenue related to eligible disbursements made | 21 | | by the Department of Healthcare and Family Services from | 22 | | appropriations required by this Section, and (4) all other | 23 | | moneys received to the Fund, including interest thereon. The | 24 | | Fund shall be held as a special fund in the State Treasury. | 25 | | Disbursements from this Fund shall be only (1) for the | 26 | | reimbursement of claims collected by the Department of |
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| 1 | | Healthcare and Family Services (formerly Illinois Department | 2 | | of Public Aid) through error or mistake, (2) for payment to | 3 | | persons or agencies designated as payees or co-payees on any | 4 | | instrument, whether or not negotiable, delivered to the | 5 | | Department of Healthcare and Family Services (formerly | 6 | | Illinois Department of Public Aid) as a recovery under this | 7 | | Section, such payment to be in proportion to the respective | 8 | | interests of the payees in the amount so collected, (3) for | 9 | | payments to the Department of Human Services for collections | 10 | | made by the Department of Healthcare and Family Services | 11 | | (formerly Illinois Department of Public Aid) on behalf of the | 12 | | Department of Human Services under this Code, the Children's | 13 | | Health Insurance Program Act, and the Covering ALL KIDS Health | 14 | | Insurance Act, (4) for payment of administrative expenses | 15 | | incurred in performing the activities authorized under this | 16 | | Code, the Children's Health Insurance Program Act, and the | 17 | | Covering ALL KIDS Health Insurance Act, (5) for payment of | 18 | | fees to persons or agencies in the performance of activities | 19 | | pursuant to the collection of monies owed the State that are | 20 | | collected under this Code, the Children's Health Insurance | 21 | | Program Act, and the Covering ALL KIDS Health Insurance Act, | 22 | | (6) for payments of any amounts which are reimbursable to the | 23 | | federal government which are required to be paid by State | 24 | | warrant by either the State or federal government, and (7) for | 25 | | payments to State universities , other State agencies or | 26 | | departments, and local governmental entities of federal funds |
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| 1 | | for services provided to applicants or recipients covered | 2 | | under this Code, the Children's Health Insurance Program Act, | 3 | | and the Covering ALL KIDS Health Insurance Act. Disbursements | 4 | | from this Fund for purposes of items (4) and (5) of this | 5 | | paragraph shall be subject to appropriations from the Fund to | 6 | | the Department of Healthcare and Family Services (formerly | 7 | | Illinois Department of Public Aid). | 8 | | The balance in this Fund after payment therefrom of any | 9 | | amounts reimbursable to the federal government, and minus the | 10 | | amount reasonably anticipated to be needed to make the | 11 | | disbursements authorized by this Section during the current | 12 | | and following 3 calendar months , shall be certified by the | 13 | | Director of Healthcare and Family Services and transferred by | 14 | | the State Comptroller to the Drug Rebate Fund or the | 15 | | Healthcare Provider Relief Fund in the State Treasury, as | 16 | | appropriate, on at least an annual basis by June 30th of each | 17 | | fiscal year. The Director of Healthcare and Family Services | 18 | | may certify and the State Comptroller shall transfer to the | 19 | | Drug Rebate Fund or the Healthcare Provider Relief Fund | 20 | | amounts on a more frequent basis. | 21 | | On July 1, 1999, the State Comptroller shall transfer the | 22 | | sum of $5,000,000 from the Public Aid Recoveries Trust Fund | 23 | | (formerly the Public Assistance Recoveries Trust Fund) into | 24 | | the DHS Recoveries Trust Fund. | 25 | | (Source: P.A. 97-647, eff. 1-1-12; 97-689, eff. 6-14-12; | 26 | | 98-130, eff. 8-2-13; 98-651, eff. 6-16-14.) |
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| 1 | | (305 ILCS 5/12-10.4) | 2 | | Sec. 12-10.4. Juvenile Rehabilitation Services Medicaid | 3 | | Matching Fund. There is created in the State Treasury the | 4 | | Juvenile Rehabilitation Services Medicaid Matching Fund. | 5 | | Deposits to this Fund shall consist of all moneys received | 6 | | from the federal government for behavioral health services | 7 | | secured by counties pursuant to an agreement with the | 8 | | Department of Healthcare and Family Services with respect to | 9 | | Title XIX of the Social Security Act or under the Children's | 10 | | Health Insurance Program pursuant to the Children's Health | 11 | | Insurance Program Act and Title XXI of the Social Security Act | 12 | | for minors who are committed to mental health facilities by | 13 | | the Illinois court system and for residential placements | 14 | | secured by the Department of Juvenile Justice for minors as a | 15 | | condition of their aftercare release. | 16 | | Disbursements from the Fund shall be made, subject to | 17 | | appropriation, by the Department of Healthcare and Family | 18 | | Services for grants to the Department of Juvenile Justice and | 19 | | those counties which secure behavioral health services ordered | 20 | | by the courts and which have an interagency agreement with the | 21 | | Department and submit detailed bills according to standards | 22 | | determined by the Department. | 23 | | On January 1, 2026, or as soon thereafter as practical, | 24 | | the State Comptroller shall direct and the State Treasurer | 25 | | shall transfer the remaining balance from the Juvenile |
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| 1 | | Rehabilitation Services Medicaid Matching Fund into the Public | 2 | | Aid Recoveries Trust Fund. Upon completion of the transfer, | 3 | | the Juvenile Rehabilitation Services Medicaid Matching Fund is | 4 | | dissolved, and any future deposits due to that Fund and any | 5 | | outstanding obligations or liabilities of that Fund shall pass | 6 | | to the Public Aid Recoveries Trust Fund. | 7 | | (Source: P.A. 98-558, eff. 1-1-14.) | 8 | | Article 20. | 9 | | (30 ILCS 105/5.856 rep.) | 10 | | Section 20-5. The State Finance Act is amended by | 11 | | repealing Section 5.856. | 12 | | (305 ILCS 5/Art. V-G rep.) | 13 | | Section 20-10. The Illinois Public Aid Code is amended by | 14 | | repealing Article V-G. | 15 | | Article 25. | 16 | | Section 25-5. The State Finance Act is amended by changing | 17 | | Sections 5.409 and 6z-40 as follows: | 18 | | (30 ILCS 105/5.409) | 19 | | Sec. 5.409. The Provider Inquiry Trust Fund. This Section | 20 | | is repealed on January 1, 2025. |
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| 1 | | (Source: P.A. 89-21, eff. 7-1-95.) | 2 | | (30 ILCS 105/6z-40) | 3 | | Sec. 6z-40. Provider Inquiry Trust Fund. The Provider | 4 | | Inquiry Trust Fund is created as a special fund in the State | 5 | | treasury. Payments into the fund shall consist of fees or | 6 | | other moneys owed by providers of services or their agents, | 7 | | including other State agencies, for access to and utilization | 8 | | of Illinois Department of Healthcare and Family Services | 9 | | Public Aid eligibility files to verify eligibility of clients, | 10 | | bills for services, or other similar, related uses. | 11 | | Disbursements from the fund shall consist of payments to the | 12 | | Department of Innovation and Technology Central Management | 13 | | Services for communication and statistical services and for | 14 | | payments for administrative expenses incurred by the Illinois | 15 | | Department of Healthcare and Family Services Public Aid in the | 16 | | operation of the fund. | 17 | | On January 1, 2025, or as soon thereafter as practical, | 18 | | the State Comptroller shall direct and the State Treasurer | 19 | | shall transfer the remaining balance from the Provider Inquiry | 20 | | Trust Fund into the Healthcare Provider Relief Fund. Upon | 21 | | completion of the transfer, the Provider Inquiry Trust Fund is | 22 | | dissolved, and any future deposits due to that Fund and any | 23 | | outstanding obligations or liabilities of that Fund shall pass | 24 | | to the Healthcare Provider Relief Fund. | 25 | | (Source: P.A. 94-91, eff. 7-1-05.) |
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| 1 | | Article 999. | 2 | | Section 999-99. Effective date. This Act takes effect upon | 3 | | becoming law. | | | | SB3268 Engrossed | - 11 - | LRB103 39338 KTG 69500 b |
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INDEX
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Statutes amended in order of appearance
| | 3 | | 305 ILCS 5/15-6 rep. | | | 4 | | 30 ILCS 105/5.797 | | | 5 | | 305 ILCS 5/12-10.6a | | | 6 | | 30 ILCS 105/5.836 rep. | | | 7 | | 305 ILCS 5/5-31 rep. | | | 8 | | 305 ILCS 5/5-32 rep. | | | 9 | | 30 ILCS 105/5.481 | | | 10 | | 305 ILCS 5/12-9 | from Ch. 23, par. 12-9 | | 11 | | 305 ILCS 5/12-10.4 | | | 12 | | 30 ILCS 105/5.856 rep. | | | 13 | | 305 ILCS 5/Art. V-G rep. | | | 14 | | 30 ILCS 105/5.409 | | | 15 | | 30 ILCS 105/6z-40 | |
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