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Full Text of SB3397  97th General Assembly

SB3397enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB3397 EnrolledLRB097 17074 PJG 62272 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 25 as follows:
 
6    (30 ILCS 105/25)  (from Ch. 127, par. 161)
7    Sec. 25. Fiscal year limitations.
8    (a) All appropriations shall be available for expenditure
9for the fiscal year or for a lesser period if the Act making
10that appropriation so specifies. A deficiency or emergency
11appropriation shall be available for expenditure only through
12June 30 of the year when the Act making that appropriation is
13enacted unless that Act otherwise provides.
14    (b) Outstanding liabilities as of June 30, payable from
15appropriations which have otherwise expired, may be paid out of
16the expiring appropriations during the 2-month period ending at
17the close of business on August 31. Any service involving
18professional or artistic skills or any personal services by an
19employee whose compensation is subject to income tax
20withholding must be performed as of June 30 of the fiscal year
21in order to be considered an "outstanding liability as of June
2230" that is thereby eligible for payment out of the expiring
23appropriation.

 

 

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1    (b-1) However, payment of tuition reimbursement claims
2under Section 14-7.03 or 18-3 of the School Code may be made by
3the State Board of Education from its appropriations for those
4respective purposes for any fiscal year, even though the claims
5reimbursed by the payment may be claims attributable to a prior
6fiscal year, and payments may be made at the direction of the
7State Superintendent of Education from the fund from which the
8appropriation is made without regard to any fiscal year
9limitations, except as required by subsection (j) of this
10Section. Beginning on June 30, 2021, payment of tuition
11reimbursement claims under Section 14-7.03 or 18-3 of the
12School Code as of June 30, payable from appropriations that
13have otherwise expired, may be paid out of the expiring
14appropriation during the 4-month period ending at the close of
15business on October 31.
16    (b-2) All outstanding liabilities as of June 30, 2010,
17payable from appropriations that would otherwise expire at the
18conclusion of the lapse period for fiscal year 2010, and
19interest penalties payable on those liabilities under the State
20Prompt Payment Act, may be paid out of the expiring
21appropriations until December 31, 2010, without regard to the
22fiscal year in which the payment is made, as long as vouchers
23for the liabilities are received by the Comptroller no later
24than August 31, 2010.
25    (b-2.5) All outstanding liabilities as of June 30, 2011,
26payable from appropriations that would otherwise expire at the

 

 

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1conclusion of the lapse period for fiscal year 2011, and
2interest penalties payable on those liabilities under the State
3Prompt Payment Act, may be paid out of the expiring
4appropriations until December 31, 2011, without regard to the
5fiscal year in which the payment is made, as long as vouchers
6for the liabilities are received by the Comptroller no later
7than August 31, 2011.
8    (b-3) Medical payments may be made by the Department of
9Veterans' Affairs from its appropriations for those purposes
10for any fiscal year, without regard to the fact that the
11medical services being compensated for by such payment may have
12been rendered in a prior fiscal year, except as required by
13subsection (j) of this Section. Beginning on June 30, 2021,
14medical payments payable from appropriations that have
15otherwise expired may be paid out of the expiring appropriation
16during the 4-month period ending at the close of business on
17October 31.
18    (b-4) Medical payments may be made by the Department of
19Healthcare and Family Services and medical payments and child
20care payments may be made by the Department of Human Services
21(as successor to the Department of Public Aid) from
22appropriations for those purposes for any fiscal year, without
23regard to the fact that the medical or child care services
24being compensated for by such payment may have been rendered in
25a prior fiscal year; and payments may be made at the direction
26of the Department of Healthcare and Family Services (or

 

 

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1successor agency) from the Health Insurance Reserve Fund and
2the Local Government Health Insurance Reserve Fund without
3regard to any fiscal year limitations, except as required by
4subsection (j) of this Section. Beginning on June 30, 2021,
5medical and payments made by the Department of Healthcare and
6Family Services, child care payments made by the Department of
7Human Services, and payments made at the discretion of the
8Department of Healthcare and Family Services (or successor
9agency) from the Health Insurance Reserve Fund and the Local
10Government Health Insurance Reserve Fund payable from
11appropriations that have otherwise expired may be paid out of
12the expiring appropriation during the 4-month period ending at
13the close of business on October 31.
14    (b-5) Medical payments may be made by the Department of
15Human Services from its appropriations relating to substance
16abuse treatment services for any fiscal year, without regard to
17the fact that the medical services being compensated for by
18such payment may have been rendered in a prior fiscal year,
19provided the payments are made on a fee-for-service basis
20consistent with requirements established for Medicaid
21reimbursement by the Department of Healthcare and Family
22Services, except as required by subsection (j) of this Section.
23Beginning on June 30, 2021, medical payments made by the
24Department of Human Services relating to substance abuse
25treatment services payable from appropriations that have
26otherwise expired may be paid out of the expiring appropriation

 

 

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1during the 4-month period ending at the close of business on
2October 31.
3    (b-6) Additionally, payments may be made by the Department
4of Human Services from its appropriations, or any other State
5agency from its appropriations with the approval of the
6Department of Human Services, from the Immigration Reform and
7Control Fund for purposes authorized pursuant to the
8Immigration Reform and Control Act of 1986, without regard to
9any fiscal year limitations, except as required by subsection
10(j) of this Section. Beginning on June 30, 2021, payments made
11by the Department of Human Services from the Immigration Reform
12and Control Fund for purposes authorized pursuant to the
13Immigration Reform and Control Act of 1986 payable from
14appropriations that have otherwise expired may be paid out of
15the expiring appropriation during the 4-month period ending at
16the close of business on October 31.
17    (b-7) Payments may be made in accordance with a plan
18authorized by paragraph (11) or (12) of Section 405-105 of the
19Department of Central Management Services Law from
20appropriations for those payments without regard to fiscal year
21limitations.
22    (c) Further, payments may be made by the Department of
23Public Health and , the Department of Human Services (acting as
24successor to the Department of Public Health under the
25Department of Human Services Act), and the Department of
26Healthcare and Family Services from their respective

 

 

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1appropriations for grants for medical care to or on behalf of
2persons suffering from chronic renal disease, persons
3suffering from hemophilia, rape victims, and premature and
4high-mortality risk infants and their mothers and for grants
5for supplemental food supplies provided under the United States
6Department of Agriculture Women, Infants and Children
7Nutrition Program, for any fiscal year without regard to the
8fact that the services being compensated for by such payment
9may have been rendered in a prior fiscal year, except as
10required by subsection (j) of this Section. Beginning on June
1130, 2021, payments made by the Department of Public Health and
12, the Department of Human Services, and the Department of
13Healthcare and Family Services from their respective
14appropriations for grants for medical care to or on behalf of
15persons suffering from chronic renal disease, persons
16suffering from hemophilia, rape victims, and premature and
17high-mortality risk infants and their mothers and for grants
18for supplemental food supplies provided under the United States
19Department of Agriculture Women, Infants and Children
20Nutrition Program payable from appropriations that have
21otherwise expired may be paid out of the expiring
22appropriations during the 4-month period ending at the close of
23business on October 31.
24    (d) The Department of Public Health and the Department of
25Human Services (acting as successor to the Department of Public
26Health under the Department of Human Services Act) shall each

 

 

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1annually submit to the State Comptroller, Senate President,
2Senate Minority Leader, Speaker of the House, House Minority
3Leader, and the respective Chairmen and Minority Spokesmen of
4the Appropriations Committees of the Senate and the House, on
5or before December 31, a report of fiscal year funds used to
6pay for services provided in any prior fiscal year. This report
7shall document by program or service category those
8expenditures from the most recently completed fiscal year used
9to pay for services provided in prior fiscal years.
10    (e) The Department of Healthcare and Family Services, the
11Department of Human Services (acting as successor to the
12Department of Public Aid), and the Department of Human Services
13making fee-for-service payments relating to substance abuse
14treatment services provided during a previous fiscal year shall
15each annually submit to the State Comptroller, Senate
16President, Senate Minority Leader, Speaker of the House, House
17Minority Leader, the respective Chairmen and Minority
18Spokesmen of the Appropriations Committees of the Senate and
19the House, on or before November 30, a report that shall
20document by program or service category those expenditures from
21the most recently completed fiscal year used to pay for (i)
22services provided in prior fiscal years and (ii) services for
23which claims were received in prior fiscal years.
24    (f) The Department of Human Services (as successor to the
25Department of Public Aid) shall annually submit to the State
26Comptroller, Senate President, Senate Minority Leader, Speaker

 

 

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1of the House, House Minority Leader, and the respective
2Chairmen and Minority Spokesmen of the Appropriations
3Committees of the Senate and the House, on or before December
431, a report of fiscal year funds used to pay for services
5(other than medical care) provided in any prior fiscal year.
6This report shall document by program or service category those
7expenditures from the most recently completed fiscal year used
8to pay for services provided in prior fiscal years.
9    (g) In addition, each annual report required to be
10submitted by the Department of Healthcare and Family Services
11under subsection (e) shall include the following information
12with respect to the State's Medicaid program:
13        (1) Explanations of the exact causes of the variance
14    between the previous year's estimated and actual
15    liabilities.
16        (2) Factors affecting the Department of Healthcare and
17    Family Services' liabilities, including but not limited to
18    numbers of aid recipients, levels of medical service
19    utilization by aid recipients, and inflation in the cost of
20    medical services.
21        (3) The results of the Department's efforts to combat
22    fraud and abuse.
23    (h) As provided in Section 4 of the General Assembly
24Compensation Act, any utility bill for service provided to a
25General Assembly member's district office for a period
26including portions of 2 consecutive fiscal years may be paid

 

 

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1from funds appropriated for such expenditure in either fiscal
2year.
3    (i) An agency which administers a fund classified by the
4Comptroller as an internal service fund may issue rules for:
5        (1) billing user agencies in advance for payments or
6    authorized inter-fund transfers based on estimated charges
7    for goods or services;
8        (2) issuing credits, refunding through inter-fund
9    transfers, or reducing future inter-fund transfers during
10    the subsequent fiscal year for all user agency payments or
11    authorized inter-fund transfers received during the prior
12    fiscal year which were in excess of the final amounts owed
13    by the user agency for that period; and
14        (3) issuing catch-up billings to user agencies during
15    the subsequent fiscal year for amounts remaining due when
16    payments or authorized inter-fund transfers received from
17    the user agency during the prior fiscal year were less than
18    the total amount owed for that period.
19User agencies are authorized to reimburse internal service
20funds for catch-up billings by vouchers drawn against their
21respective appropriations for the fiscal year in which the
22catch-up billing was issued or by increasing an authorized
23inter-fund transfer during the current fiscal year. For the
24purposes of this Act, "inter-fund transfers" means transfers
25without the use of the voucher-warrant process, as authorized
26by Section 9.01 of the State Comptroller Act.

 

 

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1    (i-1) Beginning on July 1, 2021, all outstanding
2liabilities, not payable during the 4-month lapse period as
3described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and
4(c) of this Section, that are made from appropriations for that
5purpose for any fiscal year, without regard to the fact that
6the services being compensated for by those payments may have
7been rendered in a prior fiscal year, are limited to only those
8claims that have been incurred but for which a proper bill or
9invoice as defined by the State Prompt Payment Act has not been
10received by September 30th following the end of the fiscal year
11in which the service was rendered.
12    (j) Notwithstanding any other provision of this Act, the
13aggregate amount of payments to be made without regard for
14fiscal year limitations as contained in subsections (b-1),
15(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
16determined by using Generally Accepted Accounting Principles,
17shall not exceed the following amounts:
18        (1) $6,000,000,000 for outstanding liabilities related
19    to fiscal year 2012;
20        (2) $5,300,000,000 for outstanding liabilities related
21    to fiscal year 2013;
22        (3) $4,600,000,000 for outstanding liabilities related
23    to fiscal year 2014;
24        (4) $4,000,000,000 for outstanding liabilities related
25    to fiscal year 2015;
26        (5) $3,300,000,000 for outstanding liabilities related

 

 

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1    to fiscal year 2016;
2        (6) $2,600,000,000 for outstanding liabilities related
3    to fiscal year 2017;
4        (7) $2,000,000,000 for outstanding liabilities related
5    to fiscal year 2018;
6        (8) $1,300,000,000 for outstanding liabilities related
7    to fiscal year 2019;
8        (9) $600,000,000 for outstanding liabilities related
9    to fiscal year 2020; and
10        (10) $0 for outstanding liabilities related to fiscal
11    year 2021 and fiscal years thereafter.
12    (k) Department of Healthcare and Family Services Medical
13Assistance Payments.
14        (1) Definition of Medical Assistance.
15            For purposes of this subsection, the term "Medical
16        Assistance" shall include, but not necessarily be
17        limited to, medical programs and services authorized
18        under Titles XIX and XXI of the Social Security Act,
19        the Illinois Public Aid Code, the Children's Health
20        Insurance Program Act, the Covering ALL KIDS Health
21        Insurance Act, the Long Term Acute Care Hospital
22        Quality Improvement Transfer Program Act, and medical
23        care to or on behalf of persons suffering from chronic
24        renal disease, persons suffering from hemophilia and
25        victims of sexual assault.
26        (2) Limitations on Medical Assistance payments that

 

 

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1    may be paid from future fiscal year appropriations.
2            (A) The maximum amounts of annual unpaid Medical
3        Assistance bills received and recorded by the
4        Department of Healthcare and Family Services on or
5        before June 30th of a particular fiscal year
6        attributable in aggregate to the General Revenue Fund,
7        Healthcare Provider Relief Fund, Tobacco Settlement
8        Recovery Fund, Long-Term Care Provider Fund, and the
9        Drug Rebate Fund that may be paid in total by the
10        Department from future fiscal year Medical Assistance
11        appropriations to those funds are: $700,000,000 for
12        fiscal year 2013 and $100,000,000 for fiscal year 2014
13        and each fiscal year thereafter.
14            (B) Bills for Medical Assistance services rendered
15        in a particular fiscal year, but received and recorded
16        by the Department of Healthcare and Family Services
17        after June 30th of that fiscal year, may be paid from
18        either appropriations for that fiscal year or future
19        fiscal year appropriations for Medical Assistance.
20        Such payments shall not be subject to the requirements
21        of subparagraph (A).
22            (C) Medical Assistance bills received by the
23        Department of Healthcare and Family Services in a
24        particular fiscal year, but subject to payment amount
25        adjustments in a future fiscal year may be paid from a
26        future fiscal year's appropriation for Medical

 

 

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1        Assistance. Such payments shall not be subject to the
2        requirements of subparagraph (A).
3            (D) Medical Assistance payments made by the
4        Department of Healthcare and Family Services from
5        funds other than those specifically referenced in
6        subparagraph (A) may be made from appropriations for
7        those purposes for any fiscal year without regard to
8        the fact that the Medical Assistance services being
9        compensated for by such payment may have been rendered
10        in a prior fiscal year. Such payments shall not be
11        subject to the requirements of subparagraph (A).
12        (3) Extended lapse period for Department of Healthcare
13    and Family Services Medical Assistance payments.
14    Notwithstanding any other State law to the contrary,
15    outstanding Department of Healthcare and Family Services
16    Medical Assistance liabilities, as of June 30th, payable
17    from appropriations which have otherwise expired, may be
18    paid out of the expiring appropriations during the 6-month
19    period ending at the close of business on December 31st.
20    (l) The changes to this Section made by this amendatory Act
21of the 97th General Assembly shall be effective for payment of
22Medical Assistance bills incurred in fiscal year 2013 and
23future fiscal years. The changes to this Section made by this
24amendatory Act of the 97th General Assembly shall not be
25applied to Medical Assistance bills incurred in fiscal year
262012 or prior fiscal years.

 

 

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1(Source: P.A. 96-928, eff. 6-15-10; 96-958, eff. 7-1-10;
296-1501, eff. 1-25-11; 97-75, eff. 6-30-11; 97-333, eff.
38-12-11.)
 
4    Section 98. This Act does not take effect at all unless
5both House Bill 5007, as amended, of the 97th General Assembly
6and Senate Bill 2840, as amended, of the 97th General Assembly
7become law.
 
8    Section 99. Effective date. This Act takes effect July 1,
92012.