Full Text of HB0953 093rd General Assembly
HB0953enr 93RD GENERAL ASSEMBLY
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HB0953 Enrolled |
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| AN ACT in relation to State finances.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by changing | 5 |
| Section 8h and by adding Sections 5.625 and 6z-62 as follows: | 6 |
| (30 ILCS 105/5.625 new) | 7 |
| Sec. 5.625. The Medicaid Provider Relief Fund. | 8 |
| (30 ILCS 105/6z-62 new) | 9 |
| Sec. 6z-62. Medicaid Provider Relief Fund. | 10 |
| (a) The Medicaid Provider Relief Fund ("the Fund") is | 11 |
| created as a special fund in the State treasury. The Fund is | 12 |
| created for the purpose of paying medical bills for which the | 13 |
| State is responsible under Title XIX of the Social Security Act | 14 |
| and under the Children's Health Insurance Program Act. | 15 |
| (b) The Fund shall consist of the following: | 16 |
| (1) All moneys received by the State from short-term | 17 |
| borrowing pursuant to the Short Term Borrowing Act or the | 18 |
| Medicaid Liability Liquidity Borrowing Act on or after the | 19 |
| effective date of this amendatory Act of the 93rd General | 20 |
| Assembly and before July 1, 2004. | 21 |
| (2) All federal matching funds received as a result of | 22 |
| expenditures that are attributable to moneys deposited | 23 |
| into the Fund. | 24 |
| (3) Interest earned on moneys in the Fund. | 25 |
| (c) On July 1, 2004, the State Treasurer and the | 26 |
| Comptroller shall transfer the balance in the Medicaid Provider | 27 |
| Relief Fund to the General Revenue Fund. After July 1, 2004, | 28 |
| the State Treasurer and the Comptroller shall automatically | 29 |
| transfer all moneys deposited into the Medicaid Provider Relief | 30 |
| Fund from that Fund to the General Revenue Fund. | 31 |
| (d) This Section is repealed on June 30, 2005, and the |
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| State Treasurer and the Comptroller shall promptly transfer the | 2 |
| balance remaining in the Fund on that date to the General | 3 |
| Revenue Fund. | 4 |
| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 6 |
| Notwithstanding any other
State law to the contrary, the | 7 |
| Director of the
Governor's Office of Management and Budget
may | 8 |
| from time to time direct the State Treasurer and Comptroller to | 9 |
| transfer
a specified sum from any fund held by the State | 10 |
| Treasurer to the General
Revenue Fund in order to help defray | 11 |
| the State's operating costs for the
fiscal year. The total | 12 |
| transfer under this Section from any fund in any
fiscal year | 13 |
| shall not exceed the lesser of 8% of the revenues to be | 14 |
| deposited
into the fund during that year or 25% of the | 15 |
| beginning balance in the fund.
No transfer may be made from a | 16 |
| fund under this Section that would have the
effect of reducing | 17 |
| the available balance in the fund to an amount less than
the | 18 |
| amount remaining unexpended and unreserved from the total | 19 |
| appropriation
from that fund for that fiscal year. This Section | 20 |
| does not apply to any
funds that are restricted by federal law | 21 |
| to a specific use or to any funds in
the Motor Fuel Tax Fund ,
or
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| the Hospital Provider Fund , or the Medicaid Provider Relief | 23 |
| Fund . Notwithstanding any
other provision of this Section,
the | 24 |
| total transfer under this Section from the Road Fund or the | 25 |
| State
Construction Account Fund shall not exceed 5% of the | 26 |
| revenues to be deposited
into the fund during that year.
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| In determining the available balance in a fund, the | 28 |
| Director of the
Governor's Office of Management and Budget
may | 29 |
| include receipts, transfers into the fund, and other
resources | 30 |
| anticipated to be available in the fund in that fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 32 |
| amounts designated
under this Section as soon as may be | 33 |
| practicable after receiving the direction
to transfer from the | 34 |
| Director of the Governor's Office of Management and
Budget.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04.)
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| Section 10. The Short Term Borrowing Act is amended by | 2 |
| changing Section 3 as follows:
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| (30 ILCS 340/3) (from Ch. 120, par. 408)
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| Sec. 3. There shall be prepared under the direction of the | 5 |
| officers
named in this Act such form of bonds or certificates | 6 |
| as they shall deem
advisable, which, when issued, shall be | 7 |
| signed by the Governor, Comptroller
and Treasurer, and shall be | 8 |
| recorded by the Comptroller in a
book to be kept by him or her | 9 |
| for that purpose. The interest and principal
of such loan shall | 10 |
| be paid by the treasurer out of the General Obligation Bond
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| Retirement and Interest Fund.
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| There is hereby appropriated out of any money in the | 13 |
| Treasury a sum
sufficient for the payment of the interest and | 14 |
| principal of any debts
contracted under this Act.
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| The Governor, Comptroller, and Treasurer are
authorized to | 16 |
| order pursuant to the proceedings authorizing those debts the
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| transfer of any moneys on deposit in the treasury into the | 18 |
| General
Obligation Bond Retirement and Interest Fund at times | 19 |
| and in amounts they
deem necessary to provide for the payment | 20 |
| of that interest and principal.
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| The Comptroller is hereby authorized and directed to draw | 22 |
| his warrant on
the State Treasurer for the amount of all such | 23 |
| payments.
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| The directive authorizing borrowing under Section 1 or 1.1 | 25 |
| of this Act
shall set forth a pro forma cash flow statement | 26 |
| that identifies estimated
monthly receipts and expenditures | 27 |
| with identification of sources for
repaying the borrowed funds.
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| All proceeds from any borrowing under this Act received by | 29 |
| the State on or after the effective date of this amendatory Act | 30 |
| of the 93rd General Assembly and before July 1, 2004 shall be | 31 |
| deposited into the Medicaid Provider Relief Fund.
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| (Source: P.A. 87-838; 87-860; 88-669, eff. 11-29-94.)
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| Section 15. The Medicaid Liability Liquidity Borrowing Act |
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| is amended by changing Sections 5 and 10 as follows:
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| (30 ILCS 342/5)
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| Sec. 5. Borrowing authorized. For the period June 9, 2004
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| July 1, 1994 through June 30,
2004
1995 , borrowing pursuant to | 5 |
| this Section is authorized under subsection (b) of Section 9 of | 6 |
| Article IX of the Illinois Constitution . The purpose of the | 7 |
| borrowing shall be
Whenever casual
deficits or failures in | 8 |
| revenues of the State occur, and those casual deficits
or | 9 |
| failures in revenues affect the State's ability to pay for | 10 |
| medical services
provided under the Illinois Public Aid Code or | 11 |
| the Children's Health Insurance Program Act , in order to meet
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| those casual deficits or failures in revenues , and the | 13 |
| Governor , after having obtained the written consent of both the | 14 |
| Comptroller and the Treasurer, may contract debts,
under this | 15 |
| Section, for principal amounts not to exceed $850,000,000, as | 16 |
| supported by properly enacted State fiscal year 2004 | 17 |
| appropriations for this purpose
$900,000,000 . This contracted
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| debt, when added to amounts borrowed under the Short Term | 19 |
| Borrowing Act during the then current fiscal year, may not | 20 |
| exceed 15%
of the State's appropriations for that fiscal year. | 21 |
| Moneys thus borrowed shall
be applied to the purpose of paying | 22 |
| for medical services as described in this
Section, or to pay | 23 |
| the debts and associated expenses thus incurred
created , and to | 24 |
| no other purpose. All proceeds from any borrowing under this | 25 |
| Act received by the State on or after the effective date of | 26 |
| this amendatory Act of the 93rd General Assembly and before | 27 |
| July 1, 2004 shall be deposited into the Medicaid Provider | 28 |
| Relief Fund.
The
Governor shall direct the proceeds of this | 29 |
| borrowing into any State fund from
which there are | 30 |
| appropriations for medical assistance under the Illinois | 31 |
| Public
Aid Code. All moneys so borrowed shall be borrowed for | 32 |
| no longer time than one
year. | 33 |
| (Source: P.A. 88-554, eff. 7-26-94; 89-626, eff. 8-9-96.)
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| (30 ILCS 342/10)
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| Sec. 10. Advertising for loan. Whenever the borrowing of | 2 |
| money under
Section 5 is contemplated, it is the duty of the | 3 |
| Director of the
Governor's Office of Management and Budget
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| Bureau of the
Budget acting at the direction of the Governor
to | 5 |
| advertise for proposals for the loan in the manner that is | 6 |
| determined by the
Director of the
Governor's Office of | 7 |
| Management and Budget
Bureau of the Budget to give reasonable | 8 |
| notice of the request
for proposals. The advertisements shall | 9 |
| set forth the amount of debt proposed
to be contracted and the | 10 |
| time and place for the payment of the principal and
interest. | 11 |
| The loan shall be awarded to the person or persons agreeing to | 12 |
| take
it at the lowest rate of interest not exceeding the | 13 |
| maximum rate authorized by
the Bond Authorization Act, as | 14 |
| amended at the time of the making of the
contract.
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| (Source: P.A. 88-554, eff. 7-26-94; revised 8-23-03.)
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| Section 20. The Illinois Public Aid Code is amended by | 17 |
| adding Section 5-16.13 as follows: | 18 |
| (305 ILCS 5/5-16.13 new) | 19 |
| Sec. 5-16.13. Medicaid Managed Care Task Force. | 20 |
| (a) Medicaid, the medical assistance program jointly | 21 |
| administered by the State of Illinois and the United States | 22 |
| governments for low-income and uninsured populations, is the | 23 |
| largest single insurance provider in the State. In Illinois, | 24 |
| one in every 7 adults, one in 3 children, and 2 of every 3 | 25 |
| nursing home residents are all provided health care under the | 26 |
| State's Medicaid program. | 27 |
| Over the past 10 years, Medicaid in Illinois has grown an | 28 |
| average of 8% annually, which requires at least $500,000,000 in | 29 |
| additional State resources every year. | 30 |
| Medicaid in Illinois is a cost-reimbursement system that | 31 |
| does little to promote health or encourage improvements in the | 32 |
| quality of health care services being delivered to the growing | 33 |
| populations needing assistance. | 34 |
| The advent of managed care plans in the insurance industry |
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| has driven down health care costs for many while amply managing | 2 |
| individual needs in a system to deliver cost-efficient health | 3 |
| care services. | 4 |
| (b) To better examine and evaluate the application of | 5 |
| managed care within the State's Medicaid program, there is | 6 |
| hereby established the bipartisan Medicaid Managed Care Task | 7 |
| Force. | 8 |
| The Task Force shall consist of 8 voting members, as | 9 |
| follows: 2 members of the Senate appointed by the President of | 10 |
| the Senate, 2 members of the Senate appointed by the Senate | 11 |
| Minority Leader, 2 members of the House of Representatives | 12 |
| appointed by the Speaker of the House of Representatives, and 2 | 13 |
| members of the House of Representatives appointed by the House | 14 |
| Minority Leader. All actions of the Task Force require the | 15 |
| affirmative vote of at least 5 voting members. | 16 |
| Members appointed to the Task Force shall elect from among | 17 |
| themselves 2 co-chairs. | 18 |
| Members appointed by the legislative leaders shall be | 19 |
| appointed for the duration of the Task Force; in the event of a | 20 |
| vacancy, the appointment to fill the vacancy shall be made by | 21 |
| the same legislative leader who made the original appointment. | 22 |
| The following persons shall serve, ex officio, as nonvoting | 23 |
| members of the Task Force: the Director of the Governor's | 24 |
| Office of Management and Budget, the Director of Public Aid, | 25 |
| and the Secretary of Human Services. | 26 |
| The Task Force shall begin to conduct business upon the | 27 |
| appointment of a majority of the voting members. If the | 28 |
| co-chairs have not both been appointed, the co-chair that has | 29 |
| been appointed shall preside. | 30 |
| Members shall serve without compensation but may be | 31 |
| reimbursed for their expenses from appropriations for that | 32 |
| purpose. | 33 |
| (c) The Task Force shall gather information and make | 34 |
| recommendations relating to the financing and expenditures of | 35 |
| the Illinois Medicaid program and the program's level of | 36 |
| ability to provide quality health care services in the most |
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| cost-efficient manner. The Task Force shall examine and | 2 |
| evaluate the application of managed care within the State's | 3 |
| Medicaid program. The Task Force shall further assess whether | 4 |
| the State's Medicaid services delivery system meets or exceeds | 5 |
| the goals of quality, efficiency, accountability, and | 6 |
| financial responsibility and shall make recommendations in | 7 |
| keeping with those goals concerning the cost-efficient | 8 |
| delivery of Medicaid services throughout Illinois. | 9 |
| (d) The Task Force shall conduct at least 6 public hearings | 10 |
| beginning the later of July 2004 or upon the appointment of a | 11 |
| majority of its members, through October 2004. | 12 |
| Locations for public hearings are to be different and | 13 |
| determined by the co-chairs in consultation with the other | 14 |
| members of the Task Force. | 15 |
| Comment and testimony at public hearing is to be sought | 16 |
| from Medicaid recipients, health care providers and other | 17 |
| health care
professionals, related advocates, health care | 18 |
| finance experts, insurance industry professionals, and public | 19 |
| officials from throughout the State. | 20 |
| (e) The Governor's Office of Management and Budget, the | 21 |
| Department of Public Aid, and the Department of Human Services | 22 |
| are directed to provide information and assistance to the Task | 23 |
| Force. | 24 |
| (f) The Task Force shall submit a full report of its | 25 |
| findings and recommendations to the General Assembly not later | 26 |
| than November 8, 2004. It may submit other reports as it deems | 27 |
| appropriate. | 28 |
| (g) The Task Force is abolished and this Section is | 29 |
| repealed on December 31, 2004.
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| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law.
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