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90_HB2225
20 ILCS 2805/2 from Ch. 126 1/2, par. 67
20 ILCS 2805/2.01a from Ch. 126 1/2, par. 67.01a
20 ILCS 2805/2.03 from Ch. 126 1/2, par. 67.03
20 ILCS 2805/2.10 new
30 ILCS 105/25 from Ch. 127, par. 161
210 ILCS 45/2-215 new
Amends the Department of Veterans Affairs Act. Provides
that the Department may expend grants for the general benefit
of Illinois veterans. Provides that the Department may
accept and hold grants made in trust for support of a
resident in an Illinois Veterans Home or for any other
legitimate purpose (now for any other legitimate purpose
connected with a Home). Deletes provisions concerning the
power to make grants to private organizations for the costs
of erecting a Korean War Memorial. Provides that restrictions
on the members benefit fund apply to an Illinois Veterans
Home operated by the Department of Veterans' Affairs (now an
Illinois Veterans Home). Amends the Department of Veterans
Affairs Act and the Nursing Home Care Act to provide that if
there is a conflict between the provisions of the Acts
concerning an Illinois Veterans Home not operated by the
Department of Veterans' Affairs, then the provisions of the
Nursing Home Care Act shall apply. Amends the State Finance
Act. Provides that the Department of Veterans' Affairs may
make medical payments from the Department's current
appropriations although the medical services were rendered in
a prior fiscal year. Effective immediately.
LRB9002606PTcw
LRB9002606PTcw
1 AN ACT concerning the Department of Veterans' Affairs.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Department of Veterans Affairs Act is
5 amended by changing Sections 2, 2.01a, 2.03 and adding
6 Section 2.10 as follows:
7 (20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)
8 Sec. 2. Powers and duties. The Department shall have
9 the following powers and duties:
10 To perform such acts at the request of any veteran, or
11 his or her spouse, surviving spouse or dependents as shall be
12 reasonably necessary or reasonably incident to obtaining or
13 endeavoring to obtain for the requester any advantage,
14 benefit or emolument accruing or due to such person under any
15 law of the United States, the State of Illinois or any other
16 state or governmental agency by reason of the service of such
17 veteran, and in pursuance thereof shall:
18 1. Contact veterans, their survivors and dependents
19 and advise them of the benefits of state and federal laws
20 and assist them in obtaining such benefits;
21 2. Establish field offices and direct the
22 activities of the personnel assigned to such offices;
23 3. Create a volunteer field force of accredited
24 representatives, representing educational institutions,
25 labor organizations, veterans organizations, employers,
26 churches, and farm organizations;
27 4. Conduct informational and training services;
28 5. Conduct educational programs through newspapers,
29 periodicals and radio for the specific purpose of
30 disseminating information affecting veterans and their
31 dependents;
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1 6. Coordinate the services and activities of all
2 state departments having services and resources affecting
3 veterans and their dependents;
4 7. Encourage and assist in the coordination of
5 agencies within counties giving service to veterans and
6 their dependents;
7 8. Cooperate with veterans organizations and other
8 governmental agencies;
9 9. Make, alter, amend and promulgate reasonable
10 rules and procedures for the administration of this Act;
11 and
12 10. Make and publish annual reports to the Governor
13 regarding the administration and general operation of the
14 Department.
15 The Department may accept and hold on behalf of the
16 State, if for the public interest, a grant, gift, devise or
17 bequest of money or property to the Department made for the
18 general benefit of Illinois veterans, including the conduct
19 of informational and training services by the Department and
20 other authorized purposes of the Department. The Department
21 shall cause each grant, gift, devise or bequest to be kept as
22 a distinct fund and shall invest such funds in the manner
23 provided by the Public Funds Investment Act "An Act relating
24 to certain investments of public funds by public agencies",
25 approved July 23, 1943, as now or hereafter amended, and
26 shall make such reports as may be required by the
27 Comptroller concerning what funds are so held and the manner
28 in which such funds are invested. The Department may make
29 grants from these funds for the general benefit of Illinois
30 veterans.
31 The Department has the power to make grants, from funds
32 appropriated from the Korean War Memorial Fund, to private
33 organizations, including the Korean Memorial Association of
34 Illinois, for the costs of erecting a Korean War Memorial in
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1 Illinois.
2 (Source: P.A. 88-160; 88-666, eff. 9-16-94.)
3 (20 ILCS 2805/2.01a) (from Ch. 126 1/2, par. 67.01a)
4 Sec. 2.01a. Members benefit fund; personal property. The
5 Department shall direct the expenditure of all money which
6 has been or may be received by any officer of an Illinois
7 Veterans Home including profit on sales from commissary
8 stores. The money shall be deposited into the members benefit
9 fund and expenditures from the fund shall be made under the
10 direction of the Department for the special comfort,
11 pleasure, and amusement of residents, provided that amounts
12 expended for comfort, pleasure, and amusement of employees
13 shall not exceed the amount of profits derived from sales
14 made to employees by such commissaries, as determined by the
15 Department.
16 Money received as interest and income on funds deposited
17 for residents of an Illinois Veterans Home operated by the
18 Department of Veterans' Affairs shall be placed in the
19 members benefit fund and expenditures from the fund may not
20 be used to supplement a shortfall in the ordinary and
21 contingent operating expenses of the Home and shall be
22 expended only for the special comfort, pleasure, and
23 amusement of the residents. If home residents choose to hold
24 savings accounts or other investments outside the Home,
25 interest or income on the individual savings accounts or
26 investments of residents shall not be so expended, but shall
27 accrue to the individual accounts of the residents.
28 Any money belonging to residents separated by death,
29 discharge, or unauthorized absence from an Illinois Veterans
30 Home, in custody of officers thereof, may, if unclaimed by
31 the resident or the legal representatives thereof for a
32 period of 2 years, be expended at the direction of the
33 Department for the purposes and in the manner specified
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1 above. Articles of personal property, with the exception of
2 clothing left in the custody of officers, shall, if unclaimed
3 for the period of 2 years, be sold and the money disposed of
4 in the same manner.
5 Clothing left at a Home by residents at the time of
6 separation may be used as determined by the Home if unclaimed
7 by the resident or legal representatives thereof within 30
8 days after notification.
9 (Source: P.A. 88-160; 89-324, eff. 8-13-95.)
10 (20 ILCS 2805/2.03) (from Ch. 126 1/2, par. 67.03)
11 Sec. 2.03. Admissions. Admissions to an Illinois
12 Veterans Home are subject to the rules and regulations
13 adopted by the Department of Veterans' Affairs to govern the
14 admission of applicants.
15 Each resident of a Home is liable for the payment of sums
16 representing maintenance charges for care at the Home at a
17 rate to be determined by the Department, based on the
18 resident's ability to pay. However, the charges shall not
19 exceed the average annual per capita cost of maintaining the
20 resident in the Home. The Department, upon being furnished
21 proof of payment, shall in its discretion make allowances for
22 unusual expenses in determining the ability of the resident
23 to pay maintenance charges.
24 Payment of maintenance charges shall be made first and to
25 the fullest extent possible from sources of income other than
26 pension or compensation paid by the U.S. Department of
27 Veterans Affairs.
28 The basis upon which the payment of maintenance charges
29 shall be calculated by the Department is the average per
30 capita cost for the care of all residents at each Home for
31 the fiscal year immediately preceding the period for which
32 the rate for each Home is being calculated.
33 The Department may require residents to pay charges
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1 monthly, quarterly, or otherwise as may be most suitably
2 arranged for the individual members. The amounts received
3 from each Home for the charges shall be transmitted to the
4 Treasurer of the State of Illinois for deposit in each
5 Veterans Home Fund, respectively.
6 The Department may investigate the financial condition of
7 residents of a Home to determine their ability to pay
8 maintenance charges and to establish standards as a basis of
9 judgment for such determination. Such standards shall be
10 recomputed periodically to reflect changes in the cost of
11 living and other pertinent factors.
12 Refusal to pay the maintenance charges is cause for
13 discharge of a resident from a Home.
14 The Department may collect any medical or health benefits
15 to which a resident may become entitled through tax supported
16 or privately financed systems of insurance, as a result of
17 his or her care or treatment in the facilities provided by
18 the Department, or because of care or treatment in other
19 facilities when such care or treatment has been paid for by
20 the Department.
21 Admission of a resident is not limited or conditioned in
22 any manner by the financial status of the resident or his or
23 her ability to pay maintenance charges.
24 The Department may accept and hold on behalf of the
25 State, if for the public interest, a grant, gift, devise, or
26 bequest of money or property to the Department made in trust
27 for the maintenance or support of a resident of an Illinois
28 Veterans Home or for any other legitimate purpose connected
29 with a Home. The Department shall cause each gift, grant,
30 devise, or bequest to be kept as a distinct fund and shall
31 invest the same in the manner provided by the laws of this
32 State relating to securities in which the deposit in savings
33 banks may be invested. However, the Department may, at its
34 discretion, deposit in a proper trust company, bank, or
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1 savings bank, during the continuance of the trust, any fund
2 left in trust for the life of a person and shall adopt rules
3 and regulations governing the deposit, transfer, or
4 withdrawal of the fund. The Department shall, on the
5 expiration of any trust as provided in any instrument
6 creating the trust, dispose of the fund in the manner
7 provided in the instrument. The Department shall include in
8 its required reports a statement showing what funds are so
9 held by it and the condition of the funds; provided that
10 monies found on residents at the time of their admission or
11 accruing to them during their residence at a Home and monies
12 deposited with the administrators by relatives, guardians, or
13 friends of residents for the special comfort and pleasure of
14 the resident shall remain in the custody of the
15 administrators who shall act as trustees for disbursement to,
16 on behalf of, or for the benefit of the resident. All types
17 of retirement and pension benefits from private and public
18 sources may be paid directly to the administrator of a Home
19 for deposit to the resident trust fund account.
20 (Source: P.A. 88-45; 88-160; 89-324, eff. 8-13-95.)
21 (20 ILCS 2805/2.10 new)
22 Sec. 2.10. Conflicts with the Nursing Home Care Act. If
23 there is a conflict between the provisions of this Act and
24 the provisions of the Nursing Home Care Act concerning an
25 Illinois Veterans Home not operated by the Department of
26 Veterans' Affairs, then the provisions of the Nursing Home
27 Care Act shall apply.
28 Section 10. The State Finance Act is amended by changing
29 Section 25 as follows:
30 (30 ILCS 105/25) (from Ch. 127, par. 161)
31 (Text of Section before amendment by P.A. 89-507)
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1 Sec. 25. Fiscal year limitations.
2 (a) All appropriations shall be available for
3 expenditure for the fiscal year or for a lesser period if the
4 Act making that appropriation so specifies. A deficiency or
5 emergency appropriation shall be available for expenditure
6 only through June 30 of the year when the Act making that
7 appropriation is enacted unless that Act otherwise provides.
8 (b) Outstanding liabilities as of June 30, payable from
9 appropriations which have otherwise expired, may be paid out
10 of the expiring appropriations during the 2-month period
11 ending at the close of business on August 31. Any service
12 involving professional or artistic skills or any personal
13 services by an employee whose compensation is subject to
14 income tax withholding must be performed as of June 30 of the
15 fiscal year in order to be considered an "outstanding
16 liability as of June 30" that is thereby eligible for payment
17 out of the expiring appropriation.
18 However, payment of tuition reimbursement claims under
19 Section 14-7.03 or 18-3 of the School Code may be made by the
20 State Board of Education from its appropriations for those
21 respective purposes for any fiscal year, even though the
22 claims reimbursed by the payment may be claims attributable
23 to a prior fiscal year, and payments may be made at the
24 direction of the State Superintendent of Education from the
25 fund from which the appropriation is made without regard to
26 any fiscal year limitations.
27 Medical payments may be made by the Department of
28 Veterans' Affairs from its appropriations for those purposes
29 for any fiscal year, without regard to the fact that the
30 medical services being compensated for by such payment may
31 have been rendered in a prior fiscal year.
32 Medical and child care payments may be made by the
33 Department of Public Aid from its appropriations for those
34 purposes for any fiscal year, without regard to the fact that
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1 the medical or child care services being compensated for by
2 such payment may have been rendered in a prior fiscal year;
3 and payments may be made at the direction of the Department
4 of Central Management Services from the Health Insurance
5 Reserve Fund and the Local Government Health Insurance
6 Reserve Fund without regard to any fiscal year limitations.
7 Additionally, payments may be made by the Department of
8 Public Aid from its appropriations, or any other State agency
9 from its appropriations with the approval of the Department
10 of Public Aid, from the Immigration Reform and Control Fund
11 for purposes authorized pursuant to the Immigration Reform
12 and Control Act of 1986, without regard to any fiscal year
13 limitations.
14 (c) Further, payments may be made by the Department of
15 Public Health from its appropriations for grants for medical
16 care to or on behalf of persons suffering from chronic renal
17 disease, persons suffering from hemophilia, rape victims, and
18 premature and high-mortality risk infants and their mothers
19 and for grants for supplemental food supplies provided under
20 the United States Department of Agriculture Women, Infants
21 and Children Nutrition Program, for any fiscal year without
22 regard to the fact that the services being compensated for by
23 such payment may have been rendered in a prior fiscal year.
24 (d) The Department of Public Health shall annually
25 submit to the State Comptroller, Senate President, Senate
26 Minority Leader, Speaker of the House, House Minority Leader,
27 and the respective Chairmen and Minority Spokesmen of the
28 Appropriations Committees of the Senate and the House, on or
29 before December 31, a report of fiscal year funds used to pay
30 for services provided in any prior fiscal year. This report
31 shall document by program or service category those
32 expenditures from the most recently completed fiscal year
33 used to pay for services provided in prior fiscal years.
34 (e) The Department of Public Aid shall annually submit
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1 to the State Comptroller, Senate President, Senate Minority
2 Leader, Speaker of the House, House Minority Leader, the
3 respective Chairmen and Minority Spokesmen of the
4 Appropriations Committees of the Senate and the House, on or
5 before November 30, a report that shall document by program
6 or service category those expenditures from the most recently
7 completed fiscal year used to pay for (i) services provided
8 in prior fiscal years and (ii) services for which claims were
9 received in prior fiscal years.
10 (f) The Department of Public Aid shall annually submit
11 to the State Comptroller, Senate President, Senate Minority
12 Leader, Speaker of the House, House Minority Leader, and the
13 respective Chairmen and Minority Spokesmen of the
14 Appropriations Committees of the Senate and the House, on or
15 before December 31, a report of fiscal year funds used to pay
16 for services (other than medical care) provided in any prior
17 fiscal year. This report shall document by program or
18 service category those expenditures from the most recently
19 completed fiscal year used to pay for services provided in
20 prior fiscal years.
21 (g) In addition, each annual report required to be
22 submitted by the Department of Public Aid under subsection
23 (e) shall include the following information with respect to
24 the State's Medicaid program:
25 (1) Explanations of the exact causes of the
26 variance between the previous year's estimated and actual
27 liabilities.
28 (2) Factors affecting the Department of Public
29 Aid's liabilities, including but not limited to numbers
30 of aid recipients, levels of medical service utilization
31 by aid recipients, and inflation in the cost of medical
32 services.
33 (3) The results of the Department's efforts to
34 combat fraud and abuse.
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1 (h) As provided in Section 4 of the General Assembly
2 Compensation Act, any utility bill for service provided to a
3 General Assembly member's district office for a period
4 including portions of 2 consecutive fiscal years may be paid
5 from funds appropriated for such expenditure in either fiscal
6 year.
7 (i) An agency which administers a fund classified by the
8 Comptroller as an internal service fund may issue rules for:
9 (1) billing user agencies in advance based on
10 estimated charges for goods or services;
11 (2) issuing credits during the subsequent fiscal
12 year for all user agency payments received during the
13 prior fiscal year which were in excess of the final
14 amounts owed by the user agency for that period; and
15 (3) issuing catch-up billings to user agencies
16 during the subsequent fiscal year for amounts remaining
17 due when payments received from the user agency during
18 the prior fiscal year were less than the total amount
19 owed for that period.
20 User agencies are authorized to reimburse internal service
21 funds for catch-up billings by vouchers drawn against their
22 respective appropriations for the fiscal year in which the
23 catch-up billing was issued.
24 (Source: P.A. 88-554, eff. 7-26-94; 88-575, eff. 8-12-94;
25 89-235, eff. 8-4-95; 89-511, eff. 1-1-97.)
26 (Text of Section after amendment by P.A. 89-507)
27 Sec. 25. Fiscal year limitations.
28 (a) All appropriations shall be available for
29 expenditure for the fiscal year or for a lesser period if the
30 Act making that appropriation so specifies. A deficiency or
31 emergency appropriation shall be available for expenditure
32 only through June 30 of the year when the Act making that
33 appropriation is enacted unless that Act otherwise provides.
34 (b) Outstanding liabilities as of June 30, payable from
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1 appropriations which have otherwise expired, may be paid out
2 of the expiring appropriations during the 2-month period
3 ending at the close of business on August 31. Any service
4 involving professional or artistic skills or any personal
5 services by an employee whose compensation is subject to
6 income tax withholding must be performed as of June 30 of the
7 fiscal year in order to be considered an "outstanding
8 liability as of June 30" that is thereby eligible for payment
9 out of the expiring appropriation.
10 However, payment of tuition reimbursement claims under
11 Section 14-7.03 or 18-3 of the School Code may be made by the
12 State Board of Education from its appropriations for those
13 respective purposes for any fiscal year, even though the
14 claims reimbursed by the payment may be claims attributable
15 to a prior fiscal year, and payments may be made at the
16 direction of the State Superintendent of Education from the
17 fund from which the appropriation is made without regard to
18 any fiscal year limitations.
19 Medical payments may be made by the Department of
20 Veterans' Affairs from its appropriations for those purposes
21 for any fiscal year, without regard to the fact that the
22 medical services being compensated for by such payment may
23 have been rendered in a prior fiscal year.
24 Medical payments may be made by the Department of Public
25 Aid and child care payments may be made by the Department of
26 Human Services (as successor to the Department of Public Aid)
27 from appropriations for those purposes for any fiscal year,
28 without regard to the fact that the medical or child care
29 services being compensated for by such payment may have been
30 rendered in a prior fiscal year; and payments may be made at
31 the direction of the Department of Central Management
32 Services from the Health Insurance Reserve Fund and the Local
33 Government Health Insurance Reserve Fund without regard to
34 any fiscal year limitations.
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1 Additionally, payments may be made by the Department of
2 Human Services from its appropriations, or any other State
3 agency from its appropriations with the approval of the
4 Department of Human Services, from the Immigration Reform and
5 Control Fund for purposes authorized pursuant to the
6 Immigration Reform and Control Act of 1986, without regard to
7 any fiscal year limitations.
8 (c) Further, payments may be made by the Department of
9 Public Health and the Department of Human Services (acting as
10 successor to the Department of Public Health under the
11 Department of Human Services Act) from their respective
12 appropriations for grants for medical care to or on behalf of
13 persons suffering from chronic renal disease, persons
14 suffering from hemophilia, rape victims, and premature and
15 high-mortality risk infants and their mothers and for grants
16 for supplemental food supplies provided under the United
17 States Department of Agriculture Women, Infants and Children
18 Nutrition Program, for any fiscal year without regard to the
19 fact that the services being compensated for by such payment
20 may have been rendered in a prior fiscal year.
21 (d) The Department of Public Health and the Department
22 of Human Services (acting as successor to the Department of
23 Public Health under the Department of Human Services Act)
24 shall each annually submit to the State Comptroller, Senate
25 President, Senate Minority Leader, Speaker of the House,
26 House Minority Leader, and the respective Chairmen and
27 Minority Spokesmen of the Appropriations Committees of the
28 Senate and the House, on or before December 31, a report of
29 fiscal year funds used to pay for services provided in any
30 prior fiscal year. This report shall document by program or
31 service category those expenditures from the most recently
32 completed fiscal year used to pay for services provided in
33 prior fiscal years.
34 (e) The Department of Public Aid and the Department of
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1 Human Services (acting as successor to the Department of
2 Public Aid) shall each annually submit to the State
3 Comptroller, Senate President, Senate Minority Leader,
4 Speaker of the House, House Minority Leader, the respective
5 Chairmen and Minority Spokesmen of the Appropriations
6 Committees of the Senate and the House, on or before November
7 30, a report that shall document by program or service
8 category those expenditures from the most recently completed
9 fiscal year used to pay for (i) services provided in prior
10 fiscal years and (ii) services for which claims were received
11 in prior fiscal years.
12 (f) The Department of Human Services (as successor to
13 the Department of Public Aid) shall annually submit to the
14 State Comptroller, Senate President, Senate Minority Leader,
15 Speaker of the House, House Minority Leader, and the
16 respective Chairmen and Minority Spokesmen of the
17 Appropriations Committees of the Senate and the House, on or
18 before December 31, a report of fiscal year funds used to pay
19 for services (other than medical care) provided in any prior
20 fiscal year. This report shall document by program or
21 service category those expenditures from the most recently
22 completed fiscal year used to pay for services provided in
23 prior fiscal years.
24 (g) In addition, each annual report required to be
25 submitted by the Department of Public Aid under subsection
26 (e) shall include the following information with respect to
27 the State's Medicaid program:
28 (1) Explanations of the exact causes of the
29 variance between the previous year's estimated and actual
30 liabilities.
31 (2) Factors affecting the Department of Public
32 Aid's liabilities, including but not limited to numbers
33 of aid recipients, levels of medical service utilization
34 by aid recipients, and inflation in the cost of medical
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1 services.
2 (3) The results of the Department's efforts to
3 combat fraud and abuse.
4 (h) As provided in Section 4 of the General Assembly
5 Compensation Act, any utility bill for service provided to a
6 General Assembly member's district office for a period
7 including portions of 2 consecutive fiscal years may be paid
8 from funds appropriated for such expenditure in either fiscal
9 year.
10 (i) An agency which administers a fund classified by the
11 Comptroller as an internal service fund may issue rules for:
12 (1) billing user agencies in advance based on
13 estimated charges for goods or services;
14 (2) issuing credits during the subsequent fiscal
15 year for all user agency payments received during the
16 prior fiscal year which were in excess of the final
17 amounts owed by the user agency for that period; and
18 (3) issuing catch-up billings to user agencies
19 during the subsequent fiscal year for amounts remaining
20 due when payments received from the user agency during
21 the prior fiscal year were less than the total amount
22 owed for that period.
23 User agencies are authorized to reimburse internal service
24 funds for catch-up billings by vouchers drawn against their
25 respective appropriations for the fiscal year in which the
26 catch-up billing was issued.
27 (Source: P.A. 88-554, eff. 7-26-94; 88-575, eff. 8-12-94;
28 89-235, eff. 8-4-95; 89-507, eff. 7-1-97; 89-511, eff.
29 1-1-97; revised 9-10-96.)
30 Section 15. The Nursing Home Care Act is amended by
31 adding Section 2-215 as follows:
32 (210 ILCS 45/2-215 new)
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1 Sec. 2-215. Conflicts with the Department of Veterans
2 Affairs Act. If there is a conflict between the provisions
3 of this Act and the provisions of the Department of Veterans
4 Affairs Act concerning an Illinois Veterans Home not operated
5 by the Department of Veterans' Affairs, then the provisions
6 of this Act shall apply.
7 Section 95. No acceleration or delay. Where this Act
8 makes changes in a statute that is represented in this Act by
9 text that is not yet or no longer in effect (for example, a
10 Section represented by multiple versions), the use of that
11 text does not accelerate or delay the taking effect of (i)
12 the changes made by this Act or (ii) provisions derived from
13 any other Public Act.
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.