Illinois General Assembly - Full Text of Public Act 096-0444
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Public Act 096-0444




Public Act 096-0444
HB0416 Enrolled LRB096 03643 DRJ 13671 b

    AN ACT concerning public aid.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Public Aid Code is amended by
changing Section 5B-4 as follows:
    (305 ILCS 5/5B-4)  (from Ch. 23, par. 5B-4)
    Sec. 5B-4. Payment of assessment; penalty.
    (a) The assessment imposed by Section 5B-2 for a State
fiscal year shall be due and payable in quarterly installments,
each equalling one-fourth of the assessment for the year, on
September 30, December 31, March 31, and June 30 of the year.
The Illinois Department may provide that county nursing homes
directed and maintained pursuant to Section 5-1005 of the
Counties Code may meet their assessment obligation by
certifying to the Illinois Department that county expenditures
have been obligated for the operation of the county nursing
home in an amount at least equal to the amount of the
    (b) The Illinois Department is authorized to establish
delayed payment schedules for long-term care providers that are
unable to make installment payments when due under this Section
due to financial difficulties, as determined by the Illinois
    (c) If a long-term care provider fails to pay the full
amount of an installment when due (including any extensions
granted under subsection (b)), there shall, unless waived by
the Illinois Department for reasonable cause, be added to the
assessment imposed by Section 5B-2 for the State fiscal year a
penalty assessment equal to the lesser of (i) 5% of the amount
of the installment not paid on or before the due date plus 5%
of the portion thereof remaining unpaid on the last day of each
month thereafter or (ii) 100% of the installment amount not
paid on or before the due date. For purposes of this
subsection, payments will be credited first to unpaid
installment amounts (rather than to penalty or interest),
beginning with the most delinquent installments. Payment
cycles of longer than 60 days shall be one factor the Director
takes into account in granting a waiver under this Section.
    (d) Nothing in this amendatory Act of 1993 shall be
construed to prevent the Illinois Department from collecting
all amounts due under this Article pursuant to an assessment
imposed before the effective date of this amendatory Act of
(Source: P.A. 87-861; 88-88.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/14/2009