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Full Text of SB3397  97th General Assembly

SB3397ham001 97TH GENERAL ASSEMBLY

Rep. Barbara Flynn Currie

Filed: 5/24/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3397

2    AMENDMENT NO. ______. Amend Senate Bill 3397 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1the close of business on August 31. Any service involving
2professional or artistic skills or any personal services by an
3employee whose compensation is subject to income tax
4withholding must be performed as of June 30 of the fiscal year
5in order to be considered an "outstanding liability as of June
630" that is thereby eligible for payment out of the expiring
7appropriation.
8    (b-1) However, payment of tuition reimbursement claims
9under Section 14-7.03 or 18-3 of the School Code may be made by
10the State Board of Education from its appropriations for those
11respective purposes for any fiscal year, even though the claims
12reimbursed by the payment may be claims attributable to a prior
13fiscal year, and payments may be made at the direction of the
14State Superintendent of Education from the fund from which the
15appropriation is made without regard to any fiscal year
16limitations, except as required by subsection (j) of this
17Section. Beginning on June 30, 2021, payment of tuition
18reimbursement claims under Section 14-7.03 or 18-3 of the
19School Code as of June 30, payable from appropriations that
20have otherwise expired, may be paid out of the expiring
21appropriation during the 4-month period ending at the close of
22business on October 31.
23    (b-2) All outstanding liabilities as of June 30, 2010,
24payable from appropriations that would otherwise expire at the
25conclusion of the lapse period for fiscal year 2010, and
26interest penalties payable on those liabilities under the State

 

 

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1Prompt Payment Act, may be paid out of the expiring
2appropriations until December 31, 2010, without regard to the
3fiscal year in which the payment is made, as long as vouchers
4for the liabilities are received by the Comptroller no later
5than August 31, 2010.
6    (b-2.5) All outstanding liabilities as of June 30, 2011,
7payable from appropriations that would otherwise expire at the
8conclusion of the lapse period for fiscal year 2011, and
9interest penalties payable on those liabilities under the State
10Prompt Payment Act, may be paid out of the expiring
11appropriations until December 31, 2011, without regard to the
12fiscal year in which the payment is made, as long as vouchers
13for the liabilities are received by the Comptroller no later
14than August 31, 2011.
15    (b-3) Medical payments may be made by the Department of
16Veterans' Affairs from its appropriations for those purposes
17for any fiscal year, without regard to the fact that the
18medical services being compensated for by such payment may have
19been rendered in a prior fiscal year, except as required by
20subsection (j) of this Section. Beginning on June 30, 2021,
21medical payments payable from appropriations that have
22otherwise expired may be paid out of the expiring appropriation
23during the 4-month period ending at the close of business on
24October 31.
25    (b-4) Medical payments may be made by the Department of
26Healthcare and Family Services and medical payments and child

 

 

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

 

 

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

 

 

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1appropriations for those payments without regard to fiscal year
2limitations.
3    (c) Further, payments may be made by the Department of
4Public Health and , the Department of Human Services (acting as
5successor to the Department of Public Health under the
6Department of Human Services Act), and the Department of
7Healthcare and Family Services from their respective
8appropriations for grants for medical care to or on behalf of
9persons suffering from chronic renal disease, persons
10suffering from hemophilia, rape victims, and premature and
11high-mortality risk infants and their mothers and for grants
12for supplemental food supplies provided under the United States
13Department of Agriculture Women, Infants and Children
14Nutrition Program, for any fiscal year without regard to the
15fact that the services being compensated for by such payment
16may have been rendered in a prior fiscal year, except as
17required by subsection (j) of this Section. Beginning on June
1830, 2021, payments made by the Department of Public Health and
19, the Department of Human Services, and the Department of
20Healthcare and Family Services from their respective
21appropriations for grants for medical care to or on behalf of
22persons suffering from chronic renal disease, persons
23suffering from hemophilia, rape victims, and premature and
24high-mortality risk infants and their mothers and for grants
25for supplemental food supplies provided under the United States
26Department of Agriculture Women, Infants and Children

 

 

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1Nutrition Program payable from appropriations that have
2otherwise expired may be paid out of the expiring
3appropriations during the 4-month period ending at the close of
4business on October 31.
5    (d) The Department of Public Health and the Department of
6Human Services (acting as successor to the Department of Public
7Health under the Department of Human Services Act) shall each
8annually submit to the State Comptroller, Senate President,
9Senate Minority Leader, Speaker of the House, House Minority
10Leader, and the respective Chairmen and Minority Spokesmen of
11the Appropriations Committees of the Senate and the House, on
12or before December 31, a report of fiscal year funds used to
13pay for services provided in any prior fiscal year. This report
14shall document by program or service category those
15expenditures from the most recently completed fiscal year used
16to pay for services provided in prior fiscal years.
17    (e) The Department of Healthcare and Family Services, the
18Department of Human Services (acting as successor to the
19Department of Public Aid), and the Department of Human Services
20making fee-for-service payments relating to substance abuse
21treatment services provided during a previous fiscal year shall
22each annually submit to the State Comptroller, Senate
23President, Senate Minority Leader, Speaker of the House, House
24Minority Leader, the respective Chairmen and Minority
25Spokesmen of the Appropriations Committees of the Senate and
26the House, on or before November 30, a report that shall

 

 

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1document by program or service category those expenditures from
2the most recently completed fiscal year used to pay for (i)
3services provided in prior fiscal years and (ii) services for
4which claims were received in prior fiscal years.
5    (f) The Department of Human Services (as successor to the
6Department of Public Aid) shall annually submit to the State
7Comptroller, Senate President, Senate Minority Leader, Speaker
8of the House, House Minority Leader, and the respective
9Chairmen and Minority Spokesmen of the Appropriations
10Committees of the Senate and the House, on or before December
1131, a report of fiscal year funds used to pay for services
12(other than medical care) provided in any prior fiscal year.
13This report shall document by program or service category those
14expenditures from the most recently completed fiscal year used
15to pay for services provided in prior fiscal years.
16    (g) In addition, each annual report required to be
17submitted by the Department of Healthcare and Family Services
18under subsection (e) shall include the following information
19with respect to the State's Medicaid program:
20        (1) Explanations of the exact causes of the variance
21    between the previous year's estimated and actual
22    liabilities.
23        (2) Factors affecting the Department of Healthcare and
24    Family Services' liabilities, including but not limited to
25    numbers of aid recipients, levels of medical service
26    utilization by aid recipients, and inflation in the cost of

 

 

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1    medical services.
2        (3) The results of the Department's efforts to combat
3    fraud and abuse.
4    (h) As provided in Section 4 of the General Assembly
5Compensation Act, any utility bill for service provided to a
6General Assembly member's district office for a period
7including portions of 2 consecutive fiscal years may be paid
8from funds appropriated for such expenditure in either fiscal
9year.
10    (i) An agency which administers a fund classified by the
11Comptroller as an internal service fund may issue rules for:
12        (1) billing user agencies in advance for payments or
13    authorized inter-fund transfers based on estimated charges
14    for goods or services;
15        (2) issuing credits, refunding through inter-fund
16    transfers, or reducing future inter-fund transfers during
17    the subsequent fiscal year for all user agency payments or
18    authorized inter-fund transfers received during the prior
19    fiscal year which were in excess of the final amounts owed
20    by the user agency for that period; and
21        (3) issuing catch-up billings to user agencies during
22    the subsequent fiscal year for amounts remaining due when
23    payments or authorized inter-fund transfers received from
24    the user agency during the prior fiscal year were less than
25    the total amount owed for that period.
26User agencies are authorized to reimburse internal service

 

 

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1funds for catch-up billings by vouchers drawn against their
2respective appropriations for the fiscal year in which the
3catch-up billing was issued or by increasing an authorized
4inter-fund transfer during the current fiscal year. For the
5purposes of this Act, "inter-fund transfers" means transfers
6without the use of the voucher-warrant process, as authorized
7by Section 9.01 of the State Comptroller Act.
8    (i-1) Beginning on July 1, 2021, all outstanding
9liabilities, not payable during the 4-month lapse period as
10described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and
11(c) of this Section, that are made from appropriations for that
12purpose for any fiscal year, without regard to the fact that
13the services being compensated for by those payments may have
14been rendered in a prior fiscal year, are limited to only those
15claims that have been incurred but for which a proper bill or
16invoice as defined by the State Prompt Payment Act has not been
17received by September 30th following the end of the fiscal year
18in which the service was rendered.
19    (j) Notwithstanding any other provision of this Act, the
20aggregate amount of payments to be made without regard for
21fiscal year limitations as contained in subsections (b-1),
22(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
23determined by using Generally Accepted Accounting Principles,
24shall not exceed the following amounts:
25        (1) $6,000,000,000 for outstanding liabilities related
26    to fiscal year 2012;

 

 

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1        (2) $5,300,000,000 for outstanding liabilities related
2    to fiscal year 2013;
3        (3) $4,600,000,000 for outstanding liabilities related
4    to fiscal year 2014;
5        (4) $4,000,000,000 for outstanding liabilities related
6    to fiscal year 2015;
7        (5) $3,300,000,000 for outstanding liabilities related
8    to fiscal year 2016;
9        (6) $2,600,000,000 for outstanding liabilities related
10    to fiscal year 2017;
11        (7) $2,000,000,000 for outstanding liabilities related
12    to fiscal year 2018;
13        (8) $1,300,000,000 for outstanding liabilities related
14    to fiscal year 2019;
15        (9) $600,000,000 for outstanding liabilities related
16    to fiscal year 2020; and
17        (10) $0 for outstanding liabilities related to fiscal
18    year 2021 and fiscal years thereafter.
19    (k) Department of Healthcare and Family Services Medical
20Assistance Payments.
21        (1) Definition of Medical Assistance.
22            For purposes of this subsection, the term "Medical
23        Assistance" shall include, but not necessarily be
24        limited to, medical programs and services authorized
25        under Titles XIX and XXI of the Social Security Act,
26        the Illinois Public Aid Code, the Children's Health

 

 

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1        Insurance Program Act, the Covering ALL KIDS Health
2        Insurance Act, the Long Term Acute Care Hospital
3        Quality Improvement Transfer Program Act, and medical
4        care to or on behalf of persons suffering from chronic
5        renal disease, persons suffering from hemophilia and
6        victims of sexual assault.
7        (2) Limitations on Medical Assistance payments that
8    may be paid from future fiscal year appropriations.
9            (A) The maximum amounts of annual unpaid Medical
10        Assistance bills received and recorded by the
11        Department of Healthcare and Family Services on or
12        before June 30th of a particular fiscal year
13        attributable in aggregate to the General Revenue Fund,
14        Healthcare Provider Relief Fund, Tobacco Settlement
15        Recovery Fund, Long-Term Care Provider Fund, and the
16        Drug Rebate Fund that may be paid in total by the
17        Department from future fiscal year Medical Assistance
18        appropriations to those funds are: $700,000,000 for
19        fiscal year 2013 and $100,000,000 for fiscal year 2014
20        and each fiscal year thereafter.
21            (B) Bills for Medical Assistance services rendered
22        in a particular fiscal year, but received and recorded
23        by the Department of Healthcare and Family Services
24        after June 30th of that fiscal year, may be paid from
25        either appropriations for that fiscal year or future
26        fiscal year appropriations for Medical Assistance.

 

 

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

 

 

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1    (l) The changes to this Section made by this amendatory Act
2of the 97th General Assembly shall be effective for payment of
3Medical Assistance bills incurred in fiscal year 2013 and
4future fiscal years. The changes to this Section made by this
5amendatory Act of the 97th General Assembly shall not be
6applied to Medical Assistance bills incurred in fiscal year
72012 or prior fiscal years.
8(Source: P.A. 96-928, eff. 6-15-10; 96-958, eff. 7-1-10;
996-1501, eff. 1-25-11; 97-75, eff. 6-30-11; 97-333, eff.
108-12-11.)
 
11    Section 98. This Act does not take effect at all unless
12both House Bill 5007, as amended, of the 97th General Assembly
13and Senate Bill 2840, as amended, of the 97th General Assembly
14become law.
 
15    Section 99. Effective date. This Act takes effect July 1,
162012.".