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90_HB2225eng
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
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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. Grants from these funds, except for the funds
31 established under Sections 2.01a and 2.03, shall be subject
32 to appropriation.
33 The Department has the power to make grants, from funds
34 appropriated from the Korean War Memorial Fund, to private
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1 organizations, including the Korean Memorial Association of
2 Illinois, for the costs of erecting a Korean War Memorial in
3 Illinois.
4 (Source: P.A. 88-160; 88-666, eff. 9-16-94.)
5 (20 ILCS 2805/2.01a) (from Ch. 126 1/2, par. 67.01a)
6 Sec. 2.01a. Members benefit fund; personal property. The
7 Department shall direct the expenditure of all money which
8 has been or may be received by any officer of an Illinois
9 Veterans Home including profit on sales from commissary
10 stores. The money shall be deposited into the members benefit
11 fund and expenditures from the fund shall be made under the
12 direction of the Department for the special comfort,
13 pleasure, and amusement of residents, provided that amounts
14 expended for comfort, pleasure, and amusement of employees
15 shall not exceed the amount of profits derived from sales
16 made to employees by such commissaries, as determined by the
17 Department.
18 Money received as interest and income on funds deposited
19 for residents of an Illinois Veterans Home operated by the
20 Department of Veterans' Affairs shall be placed in the
21 members benefit fund and expenditures from the fund may not
22 be used to supplement a shortfall in the ordinary and
23 contingent operating expenses of the Home and shall be
24 expended only for the special comfort, pleasure, and
25 amusement of the residents. If home residents choose to hold
26 savings accounts or other investments outside the Home,
27 interest or income on the individual savings accounts or
28 investments of residents shall not be so expended, but shall
29 accrue to the individual accounts of the residents.
30 Any money belonging to residents separated by death,
31 discharge, or unauthorized absence from an Illinois Veterans
32 Home, in custody of officers thereof, may, if unclaimed by
33 the resident or the legal representatives thereof for a
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1 period of 2 years, be expended at the direction of the
2 Department for the purposes and in the manner specified
3 above. Articles of personal property, with the exception of
4 clothing left in the custody of officers, shall, if unclaimed
5 for the period of 2 years, be sold and the money disposed of
6 in the same manner.
7 Clothing left at a Home by residents at the time of
8 separation may be used as determined by the Home if unclaimed
9 by the resident or legal representatives thereof within 30
10 days after notification.
11 (Source: P.A. 88-160; 89-324, eff. 8-13-95.)
12 (20 ILCS 2805/2.03) (from Ch. 126 1/2, par. 67.03)
13 Sec. 2.03. Admissions. Admissions to an Illinois
14 Veterans Home are subject to the rules and regulations
15 adopted by the Department of Veterans' Affairs to govern the
16 admission of applicants.
17 Each resident of a Home is liable for the payment of sums
18 representing maintenance charges for care at the Home at a
19 rate to be determined by the Department, based on the
20 resident's ability to pay. However, the charges shall not
21 exceed the average annual per capita cost of maintaining the
22 resident in the Home. The Department, upon being furnished
23 proof of payment, shall in its discretion make allowances for
24 unusual expenses in determining the ability of the resident
25 to pay maintenance charges.
26 Payment of maintenance charges shall be made first and to
27 the fullest extent possible from sources of income other than
28 pension or compensation paid by the U.S. Department of
29 Veterans Affairs.
30 The basis upon which the payment of maintenance charges
31 shall be calculated by the Department is the average per
32 capita cost for the care of all residents at each Home for
33 the fiscal year immediately preceding the period for which
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1 the rate for each Home is being calculated.
2 The Department may require residents to pay charges
3 monthly, quarterly, or otherwise as may be most suitably
4 arranged for the individual members. The amounts received
5 from each Home for the charges shall be transmitted to the
6 Treasurer of the State of Illinois for deposit in each
7 Veterans Home Fund, respectively.
8 The Department may investigate the financial condition of
9 residents of a Home to determine their ability to pay
10 maintenance charges and to establish standards as a basis of
11 judgment for such determination. Such standards shall be
12 recomputed periodically to reflect changes in the cost of
13 living and other pertinent factors.
14 Refusal to pay the maintenance charges is cause for
15 discharge of a resident from a Home.
16 The Department may collect any medical or health benefits
17 to which a resident may become entitled through tax supported
18 or privately financed systems of insurance, as a result of
19 his or her care or treatment in the facilities provided by
20 the Department, or because of care or treatment in other
21 facilities when such care or treatment has been paid for by
22 the Department.
23 Admission of a resident is not limited or conditioned in
24 any manner by the financial status of the resident or his or
25 her ability to pay maintenance charges.
26 The Department may accept and hold on behalf of the
27 State, if for the public interest, a grant, gift, devise, or
28 bequest of money or property to the Department made in trust
29 for the maintenance or support of a resident of an Illinois
30 Veterans Home or for any other legitimate purpose connected
31 with a Home. The Department shall cause each gift, grant,
32 devise, or bequest to be kept as a distinct fund and shall
33 invest the same in the manner provided by the laws of this
34 State relating to securities in which the deposit in savings
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1 banks may be invested. However, the Department may, at its
2 discretion, deposit in a proper trust company, bank, or
3 savings bank, during the continuance of the trust, any fund
4 left in trust for the life of a person and shall adopt rules
5 and regulations governing the deposit, transfer, or
6 withdrawal of the fund. The Department shall, on the
7 expiration of any trust as provided in any instrument
8 creating the trust, dispose of the fund in the manner
9 provided in the instrument. The Department shall include in
10 its required reports a statement showing what funds are so
11 held by it and the condition of the funds; provided that
12 monies found on residents at the time of their admission or
13 accruing to them during their residence at a Home and monies
14 deposited with the administrators by relatives, guardians, or
15 friends of residents for the special comfort and pleasure of
16 the resident shall remain in the custody of the
17 administrators who shall act as trustees for disbursement to,
18 on behalf of, or for the benefit of the resident. All types
19 of retirement and pension benefits from private and public
20 sources may be paid directly to the administrator of a Home
21 for deposit to the resident trust fund account.
22 (Source: P.A. 88-45; 88-160; 89-324, eff. 8-13-95.)
23 (20 ILCS 2805/2.10 new)
24 Sec. 2.10. Conflicts with the Nursing Home Care Act. If
25 there is a conflict between the provisions of this Act and
26 the provisions of the Nursing Home Care Act concerning an
27 Illinois Veterans Home not operated by the Department of
28 Veterans' Affairs, then the provisions of the Nursing Home
29 Care Act shall apply.
30 Section 10. The State Finance Act is amended by changing
31 Section 25 as follows:
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1 (30 ILCS 105/25) (from Ch. 127, par. 161)
2 (Text of Section before amendment by P.A. 89-507)
3 Sec. 25. Fiscal year limitations.
4 (a) All appropriations shall be available for
5 expenditure for the fiscal year or for a lesser period if the
6 Act making that appropriation so specifies. A deficiency or
7 emergency appropriation shall be available for expenditure
8 only through June 30 of the year when the Act making that
9 appropriation is enacted unless that Act otherwise provides.
10 (b) Outstanding liabilities as of June 30, payable from
11 appropriations which have otherwise expired, may be paid out
12 of the expiring appropriations during the 2-month period
13 ending at the close of business on August 31. Any service
14 involving professional or artistic skills or any personal
15 services by an employee whose compensation is subject to
16 income tax withholding must be performed as of June 30 of the
17 fiscal year in order to be considered an "outstanding
18 liability as of June 30" that is thereby eligible for payment
19 out of the expiring appropriation.
20 However, payment of tuition reimbursement claims under
21 Section 14-7.03 or 18-3 of the School Code may be made by the
22 State Board of Education from its appropriations for those
23 respective purposes for any fiscal year, even though the
24 claims reimbursed by the payment may be claims attributable
25 to a prior fiscal year, and payments may be made at the
26 direction of the State Superintendent of Education from the
27 fund from which the appropriation is made without regard to
28 any fiscal year limitations.
29 Medical payments may be made by the Department of
30 Veterans' Affairs from its appropriations for those purposes
31 for any fiscal year, without regard to the fact that the
32 medical services being compensated for by such payment may
33 have been rendered in a prior fiscal year.
34 Medical and child care payments may be made by the
HB2225 Engrossed -8- LRB9002606PTcw
1 Department of Public Aid from its appropriations for those
2 purposes for any fiscal year, without regard to the fact that
3 the medical or child care services being compensated for by
4 such payment may have been rendered in a prior fiscal year;
5 and payments may be made at the direction of the Department
6 of Central Management Services from the Health Insurance
7 Reserve Fund and the Local Government Health Insurance
8 Reserve Fund without regard to any fiscal year limitations.
9 Additionally, payments may be made by the Department of
10 Public Aid from its appropriations, or any other State agency
11 from its appropriations with the approval of the Department
12 of Public Aid, from the Immigration Reform and Control Fund
13 for purposes authorized pursuant to the Immigration Reform
14 and Control Act of 1986, without regard to any fiscal year
15 limitations.
16 (c) Further, payments may be made by the Department of
17 Public Health from its appropriations for grants for medical
18 care to or on behalf of persons suffering from chronic renal
19 disease, persons suffering from hemophilia, rape victims, and
20 premature and high-mortality risk infants and their mothers
21 and for grants for supplemental food supplies provided under
22 the United States Department of Agriculture Women, Infants
23 and Children Nutrition Program, for any fiscal year without
24 regard to the fact that the services being compensated for by
25 such payment may have been rendered in a prior fiscal year.
26 (d) The Department of Public Health shall annually
27 submit to the State Comptroller, Senate President, Senate
28 Minority Leader, Speaker of the House, House Minority Leader,
29 and the respective Chairmen and Minority Spokesmen of the
30 Appropriations Committees of the Senate and the House, on or
31 before December 31, a report of fiscal year funds used to pay
32 for services provided in any prior fiscal year. This report
33 shall document by program or service category those
34 expenditures from the most recently completed fiscal year
HB2225 Engrossed -9- LRB9002606PTcw
1 used to pay for services provided in prior fiscal years.
2 (e) The Department of Public Aid shall annually submit
3 to the State Comptroller, Senate President, Senate Minority
4 Leader, Speaker of the House, House Minority Leader, the
5 respective Chairmen and Minority Spokesmen of the
6 Appropriations Committees of the Senate and the House, on or
7 before November 30, a report that shall document by program
8 or service category those expenditures from the most recently
9 completed fiscal year used to pay for (i) services provided
10 in prior fiscal years and (ii) services for which claims were
11 received in prior fiscal years.
12 (f) The Department of Public Aid shall annually submit
13 to the State Comptroller, Senate President, Senate Minority
14 Leader, Speaker of the House, House Minority Leader, and the
15 respective Chairmen and Minority Spokesmen of the
16 Appropriations Committees of the Senate and the House, on or
17 before December 31, a report of fiscal year funds used to pay
18 for services (other than medical care) provided in any prior
19 fiscal year. This report shall document by program or
20 service category those expenditures from the most recently
21 completed fiscal year used to pay for services provided in
22 prior fiscal years.
23 (g) In addition, each annual report required to be
24 submitted by the Department of Public Aid under subsection
25 (e) shall include the following information with respect to
26 the State's Medicaid program:
27 (1) Explanations of the exact causes of the
28 variance between the previous year's estimated and actual
29 liabilities.
30 (2) Factors affecting the Department of Public
31 Aid's liabilities, including but not limited to numbers
32 of aid recipients, levels of medical service utilization
33 by aid recipients, and inflation in the cost of medical
34 services.
HB2225 Engrossed -10- LRB9002606PTcw
1 (3) The results of the Department's efforts to
2 combat fraud and abuse.
3 (h) As provided in Section 4 of the General Assembly
4 Compensation Act, any utility bill for service provided to a
5 General Assembly member's district office for a period
6 including portions of 2 consecutive fiscal years may be paid
7 from funds appropriated for such expenditure in either fiscal
8 year.
9 (i) An agency which administers a fund classified by the
10 Comptroller as an internal service fund may issue rules for:
11 (1) billing user agencies in advance based on
12 estimated charges for goods or services;
13 (2) issuing credits during the subsequent fiscal
14 year for all user agency payments received during the
15 prior fiscal year which were in excess of the final
16 amounts owed by the user agency for that period; and
17 (3) issuing catch-up billings to user agencies
18 during the subsequent fiscal year for amounts remaining
19 due when payments received from the user agency during
20 the prior fiscal year were less than the total amount
21 owed for that period.
22 User agencies are authorized to reimburse internal service
23 funds for catch-up billings by vouchers drawn against their
24 respective appropriations for the fiscal year in which the
25 catch-up billing was issued.
26 (Source: P.A. 88-554, eff. 7-26-94; 88-575, eff. 8-12-94;
27 89-235, eff. 8-4-95; 89-511, eff. 1-1-97.)
28 (Text of Section after amendment by P.A. 89-507)
29 Sec. 25. Fiscal year limitations.
30 (a) All appropriations shall be available for
31 expenditure for the fiscal year or for a lesser period if the
32 Act making that appropriation so specifies. A deficiency or
33 emergency appropriation shall be available for expenditure
34 only through June 30 of the year when the Act making that
HB2225 Engrossed -11- LRB9002606PTcw
1 appropriation is enacted unless that Act otherwise provides.
2 (b) Outstanding liabilities as of June 30, payable from
3 appropriations which have otherwise expired, may be paid out
4 of the expiring appropriations during the 2-month period
5 ending at the close of business on August 31. Any service
6 involving professional or artistic skills or any personal
7 services by an employee whose compensation is subject to
8 income tax withholding must be performed as of June 30 of the
9 fiscal year in order to be considered an "outstanding
10 liability as of June 30" that is thereby eligible for payment
11 out of the expiring appropriation.
12 However, payment of tuition reimbursement claims under
13 Section 14-7.03 or 18-3 of the School Code may be made by the
14 State Board of Education from its appropriations for those
15 respective purposes for any fiscal year, even though the
16 claims reimbursed by the payment may be claims attributable
17 to a prior fiscal year, and payments may be made at the
18 direction of the State Superintendent of Education from the
19 fund from which the appropriation is made without regard to
20 any fiscal year limitations.
21 Medical payments may be made by the Department of
22 Veterans' Affairs from its appropriations for those purposes
23 for any fiscal year, without regard to the fact that the
24 medical services being compensated for by such payment may
25 have been rendered in a prior fiscal year.
26 Medical payments may be made by the Department of Public
27 Aid and child care payments may be made by the Department of
28 Human Services (as successor to the Department of Public Aid)
29 from appropriations for those purposes for any fiscal year,
30 without regard to the fact that the medical or child care
31 services being compensated for by such payment may have been
32 rendered in a prior fiscal year; and payments may be made at
33 the direction of the Department of Central Management
34 Services from the Health Insurance Reserve Fund and the Local
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1 Government Health Insurance Reserve Fund without regard to
2 any fiscal year limitations.
3 Additionally, payments may be made by the Department of
4 Human Services from its appropriations, or any other State
5 agency from its appropriations with the approval of the
6 Department of Human Services, from the Immigration Reform and
7 Control Fund for purposes authorized pursuant to the
8 Immigration Reform and Control Act of 1986, without regard to
9 any fiscal year limitations.
10 (c) Further, payments may be made by the Department of
11 Public Health and the Department of Human Services (acting as
12 successor to the Department of Public Health under the
13 Department of Human Services Act) from their respective
14 appropriations for grants for medical care to or on behalf of
15 persons suffering from chronic renal disease, persons
16 suffering from hemophilia, rape victims, and premature and
17 high-mortality risk infants and their mothers and for grants
18 for supplemental food supplies provided under the United
19 States Department of Agriculture Women, Infants and Children
20 Nutrition Program, for any fiscal year without regard to the
21 fact that the services being compensated for by such payment
22 may have been rendered in a prior fiscal year.
23 (d) The Department of Public Health and the Department
24 of Human Services (acting as successor to the Department of
25 Public Health under the Department of Human Services Act)
26 shall each annually submit to the State Comptroller, Senate
27 President, Senate Minority Leader, Speaker of the House,
28 House Minority Leader, and the respective Chairmen and
29 Minority Spokesmen of the Appropriations Committees of the
30 Senate and the House, on or before December 31, a report of
31 fiscal year funds used to pay for services provided in any
32 prior fiscal year. This report shall document by program or
33 service category those expenditures from the most recently
34 completed fiscal year used to pay for services provided in
HB2225 Engrossed -13- LRB9002606PTcw
1 prior fiscal years.
2 (e) The Department of Public Aid and the Department of
3 Human Services (acting as successor to the Department of
4 Public Aid) shall each annually submit to the State
5 Comptroller, Senate President, Senate Minority Leader,
6 Speaker of the House, House Minority Leader, the respective
7 Chairmen and Minority Spokesmen of the Appropriations
8 Committees of the Senate and the House, on or before November
9 30, a report that shall document by program or service
10 category those expenditures from the most recently completed
11 fiscal year used to pay for (i) services provided in prior
12 fiscal years and (ii) services for which claims were received
13 in prior fiscal years.
14 (f) The Department of Human Services (as successor to
15 the Department of Public Aid) shall annually submit to the
16 State Comptroller, Senate President, Senate Minority Leader,
17 Speaker of the House, House Minority Leader, and the
18 respective Chairmen and Minority Spokesmen of the
19 Appropriations Committees of the Senate and the House, on or
20 before December 31, a report of fiscal year funds used to pay
21 for services (other than medical care) provided in any prior
22 fiscal year. This report shall document by program or
23 service category those expenditures from the most recently
24 completed fiscal year used to pay for services provided in
25 prior fiscal years.
26 (g) In addition, each annual report required to be
27 submitted by the Department of Public Aid under subsection
28 (e) shall include the following information with respect to
29 the State's Medicaid program:
30 (1) Explanations of the exact causes of the
31 variance between the previous year's estimated and actual
32 liabilities.
33 (2) Factors affecting the Department of Public
34 Aid's liabilities, including but not limited to numbers
HB2225 Engrossed -14- LRB9002606PTcw
1 of aid recipients, levels of medical service utilization
2 by aid recipients, and inflation in the cost of medical
3 services.
4 (3) The results of the Department's efforts to
5 combat fraud and abuse.
6 (h) As provided in Section 4 of the General Assembly
7 Compensation Act, any utility bill for service provided to a
8 General Assembly member's district office for a period
9 including portions of 2 consecutive fiscal years may be paid
10 from funds appropriated for such expenditure in either fiscal
11 year.
12 (i) An agency which administers a fund classified by the
13 Comptroller as an internal service fund may issue rules for:
14 (1) billing user agencies in advance based on
15 estimated charges for goods or services;
16 (2) issuing credits during the subsequent fiscal
17 year for all user agency payments received during the
18 prior fiscal year which were in excess of the final
19 amounts owed by the user agency for that period; and
20 (3) issuing catch-up billings to user agencies
21 during the subsequent fiscal year for amounts remaining
22 due when payments received from the user agency during
23 the prior fiscal year were less than the total amount
24 owed for that period.
25 User agencies are authorized to reimburse internal service
26 funds for catch-up billings by vouchers drawn against their
27 respective appropriations for the fiscal year in which the
28 catch-up billing was issued.
29 (Source: P.A. 88-554, eff. 7-26-94; 88-575, eff. 8-12-94;
30 89-235, eff. 8-4-95; 89-507, eff. 7-1-97; 89-511, eff.
31 1-1-97; revised 9-10-96.)
32 Section 15. The Nursing Home Care Act is amended by
33 adding Section 2-215 as follows:
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1 (210 ILCS 45/2-215 new)
2 Sec. 2-215. Conflicts with the Department of Veterans
3 Affairs Act. If there is a conflict between the provisions
4 of this Act and the provisions of the Department of Veterans
5 Affairs Act concerning an Illinois Veterans Home not operated
6 by the Department of Veterans' Affairs, then the provisions
7 of this Act shall apply.
8 Section 95. No acceleration or delay. Where this Act
9 makes changes in a statute that is represented in this Act by
10 text that is not yet or no longer in effect (for example, a
11 Section represented by multiple versions), the use of that
12 text does not accelerate or delay the taking effect of (i)
13 the changes made by this Act or (ii) provisions derived from
14 any other Public Act.
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.