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Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

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305 ILCS 5/5A-8

    (305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
    (Text of Section from P.A. 99-516)
    Sec. 5A-8. Hospital Provider Fund.
    (a) There is created in the State Treasury the Hospital Provider Fund. Interest earned by the Fund shall be credited to the Fund. The Fund shall not be used to replace any moneys appropriated to the Medicaid program by the General Assembly.
    (b) The Fund is created for the purpose of receiving moneys in accordance with Section 5A-6 and disbursing moneys only for the following purposes, notwithstanding any other provision of law:
        (1) For making payments to hospitals as required
    
under this Code, under the Children's Health Insurance Program Act, under the Covering ALL KIDS Health Insurance Act, and under the Long Term Acute Care Hospital Quality Improvement Transfer Program Act.
        (2) For the reimbursement of moneys collected by the
    
Illinois Department from hospitals or hospital providers through error or mistake in performing the activities authorized under this Code.
        (3) For payment of administrative expenses incurred
    
by the Illinois Department or its agent in performing activities under this Code, under the Children's Health Insurance Program Act, under the Covering ALL KIDS Health Insurance Act, and under the Long Term Acute Care Hospital Quality Improvement Transfer Program Act.
        (4) For payments of any amounts which are
    
reimbursable to the federal government for payments from this Fund which are required to be paid by State warrant.
        (5) For making transfers, as those transfers are
    
authorized in the proceedings authorizing debt under the Short Term Borrowing Act, but transfers made under this paragraph (5) shall not exceed the principal amount of debt issued in anticipation of the receipt by the State of moneys to be deposited into the Fund.
        (6) For making transfers to any other fund in the
    
State treasury, but transfers made under this paragraph (6) shall not exceed the amount transferred previously from that other fund into the Hospital Provider Fund plus any interest that would have been earned by that fund on the monies that had been transferred.
        (6.5) For making transfers to the Healthcare Provider
    
Relief Fund, except that transfers made under this paragraph (6.5) shall not exceed $60,000,000 in the aggregate.
        (7) For making transfers not exceeding the following
    
amounts, related to State fiscal years 2013 through 2018, to the following designated funds:
            Health and Human Services Medicaid Trust
                Fund...............................$20,000,000
            Long-Term Care Provider Fund...........$30,000,000
            General Revenue Fund..................$80,000,000.
    Transfers under this paragraph shall be made within 7
    
days after the payments have been received pursuant to the schedule of payments provided in subsection (a) of Section 5A-4.
        (7.1) (Blank).
        (7.5) (Blank).
        (7.8) (Blank).
        (7.9) (Blank).
        (7.10) For State fiscal year 2014, for making
    
transfers of the moneys resulting from the assessment under subsection (b-5) of Section 5A-2 and received from hospital providers under Section 5A-4 and transferred into the Hospital Provider Fund under Section 5A-6 to the designated funds not exceeding the following amounts in that State fiscal year:
            Health Care Provider Relief Fund......$100,000,000
        Transfers under this paragraph shall be made within 7
    
days after the payments have been received pursuant to the schedule of payments provided in subsection (a) of Section 5A-4.
        The additional amount of transfers in this paragraph
    
(7.10), authorized by Public Act 98-651, shall be made within 10 State business days after June 16, 2014 (the effective date of Public Act 98-651). That authority shall remain in effect even if Public Act 98-651 does not become law until State fiscal year 2015.
        (7.10a) For State fiscal years 2015 through 2018, for
    
making transfers of the moneys resulting from the assessment under subsection (b-5) of Section 5A-2 and received from hospital providers under Section 5A-4 and transferred into the Hospital Provider Fund under Section 5A-6 to the designated funds not exceeding the following amounts related to each State fiscal year:
            Health Care Provider Relief Fund .....$50,000,000
        Transfers under this paragraph shall be made within 7
    
days after the payments have been received pursuant to the schedule of payments provided in subsection (a) of Section 5A-4.
        (7.11) (Blank).
        (7.12) For State fiscal year 2013, for increasing by
    
21/365ths the transfer of the moneys resulting from the assessment under subsection (b-5) of Section 5A-2 and received from hospital providers under Section 5A-4 for the portion of State fiscal year 2012 beginning June 10, 2012 through June 30, 2012 and transferred into the Hospital Provider Fund under Section 5A-6 to the designated funds not exceeding the following amounts in that State fiscal year:
            Health Care Provider Relief Fund.......$2,870,000
        Since the federal Centers for Medicare and Medicaid
    
Services approval of the assessment authorized under subsection (b-5) of Section 5A-2, received from hospital providers under Section 5A-4 and the payment methodologies to hospitals required under Section 5A-12.4 was not received by the Department until State fiscal year 2014 and since the Department made retroactive payments during State fiscal year 2014 related to the referenced period of June 2012, the transfer authority granted in this paragraph (7.12) is extended through the date that is 10 State business days after June 16, 2014 (the effective date of Public Act 98-651).
        (7.13) In addition to any other transfers authorized
    
under this Section, for State fiscal years 2017 and 2018, for making transfers to the Healthcare Provider Relief Fund of moneys collected from the ACA Assessment Adjustment authorized under subsections (a) and (b-5) of Section 5A-2 and paid by hospital providers under Section 5A-4 into the Hospital Provider Fund under Section 5A-6 for each State fiscal year. Timing of transfers to the Healthcare Provider Relief Fund under this paragraph shall be at the discretion of the Department, but no less frequently than quarterly.
        (8) For making refunds to hospital providers pursuant
    
to Section 5A-10.
        (9) For making payment to capitated managed care
    
organizations as described in subsections (s) and (t) of Section 5A-12.2 of this Code.
    Disbursements from the Fund, other than transfers authorized under paragraphs (5) and (6) of this subsection, shall be by warrants drawn by the State Comptroller upon receipt of vouchers duly executed and certified by the Illinois Department.
    (c) The Fund shall consist of the following:
        (1) All moneys collected or received by the Illinois
    
Department from the hospital provider assessment imposed by this Article.
        (2) All federal matching funds received by the
    
Illinois Department as a result of expenditures made by the Illinois Department that are attributable to moneys deposited in the Fund.
        (3) Any interest or penalty levied in conjunction
    
with the administration of this Article.
        (3.5) As applicable, proceeds from surety bond
    
payments payable to the Department as referenced in subsection (s) of Section 5A-12.2 of this Code.
        (4) Moneys transferred from another fund in the State
    
treasury.
        (5) All other moneys received for the Fund from any
    
other source, including interest earned thereon.
    (d) (Blank).
(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 98-756, eff. 7-16-14; 99-78, eff. 7-20-15; 99-516, eff. 6-30-16.)
 
    (Text of Section from P.A. 99-933)
    Sec. 5A-8. Hospital Provider Fund.
    (a) There is created in the State Treasury the Hospital Provider Fund. Interest earned by the Fund shall be credited to the Fund. The Fund shall not be used to replace any moneys appropriated to the Medicaid program by the General Assembly.
    (b) The Fund is created for the purpose of receiving moneys in accordance with Section 5A-6 and disbursing moneys only for the following purposes, notwithstanding any other provision of law:
        (1) For making payments to hospitals as required
    
under this Code, under the Children's Health Insurance Program Act, under the Covering ALL KIDS Health Insurance Act, and under the Long Term Acute Care Hospital Quality Improvement Transfer Program Act.
        (2) For the reimbursement of moneys collected by the
    
Illinois Department from hospitals or hospital providers through error or mistake in performing the activities authorized under this Code.
        (3) For payment of administrative expenses incurred
    
by the Illinois Department or its agent in performing activities under this Code, under the Children's Health Insurance Program Act, under the Covering ALL KIDS Health Insurance Act, and under the Long Term Acute Care Hospital Quality Improvement Transfer Program Act.
        (4) For payments of any amounts which are
    
reimbursable to the federal government for payments from this Fund which are required to be paid by State warrant.
        (5) For making transfers, as those transfers are
    
authorized in the proceedings authorizing debt under the Short Term Borrowing Act, but transfers made under this paragraph (5) shall not exceed the principal amount of debt issued in anticipation of the receipt by the State of moneys to be deposited into the Fund.
        (6) For making transfers to any other fund in the
    
State treasury, but transfers made under this paragraph (6) shall not exceed the amount transferred previously from that other fund into the Hospital Provider Fund plus any interest that would have been earned by that fund on the monies that had been transferred.
        (6.5) For making transfers to the Healthcare Provider
    
Relief Fund, except that transfers made under this paragraph (6.5) shall not exceed $60,000,000 in the aggregate.
        (7) For making transfers not exceeding the following
    
amounts, related to State fiscal years 2013 through 2018, to the following designated funds:
            Health and Human Services Medicaid Trust
                Fund...............................$20,000,000
            Long-Term Care Provider Fund...........$30,000,000
            General Revenue Fund..................$80,000,000.
    Transfers under this paragraph shall be made within 7
    
days after the payments have been received pursuant to the schedule of payments provided in subsection (a) of Section 5A-4.
        (7.1) (Blank).
        (7.5) (Blank).
        (7.8) (Blank).
        (7.9) (Blank).
        (7.10) For State fiscal year 2014, for making
    
transfers of the moneys resulting from the assessment under subsection (b-5) of Section 5A-2 and received from hospital providers under Section 5A-4 and transferred into the Hospital Provider Fund under Section 5A-6 to the designated funds not exceeding the following amounts in that State fiscal year:
            Healthcare Provider
                Relief Fund.......................$100,000,000
        Transfers under this paragraph shall be made within 7
    
days after the payments have been received pursuant to the schedule of payments provided in subsection (a) of Section 5A-4.
        The additional amount of transfers in this paragraph
    
(7.10), authorized by Public Act 98-651, shall be made within 10 State business days after June 16, 2014 (the effective date of Public Act 98-651). That authority shall remain in effect even if Public Act 98-651 does not become law until State fiscal year 2015.
        (7.10a) For State fiscal years 2015 through 2018, for
    
making transfers of the moneys resulting from the assessment under subsection (b-5) of Section 5A-2 and received from hospital providers under Section 5A-4 and transferred into the Hospital Provider Fund under Section 5A-6 to the designated funds not exceeding the following amounts related to each State fiscal year:
            Healthcare Provider
                Relief Fund ......................$50,000,000
        Transfers under this paragraph shall be made within 7
    
days after the payments have been received pursuant to the schedule of payments provided in subsection (a) of Section 5A-4.
        (7.11) (Blank).
        (7.12) For State fiscal year 2013, for increasing by
    
21/365ths the transfer of the moneys resulting from the assessment under subsection (b-5) of Section 5A-2 and received from hospital providers under Section 5A-4 for the portion of State fiscal year 2012 beginning June 10, 2012 through June 30, 2012 and transferred into the Hospital Provider Fund under Section 5A-6 to the designated funds not exceeding the following amounts in that State fiscal year:
            Healthcare Provider
                Relief Fund........................$2,870,000
        Since the federal Centers for Medicare and Medicaid
    
Services approval of the assessment authorized under subsection (b-5) of Section 5A-2, received from hospital providers under Section 5A-4 and the payment methodologies to hospitals required under Section 5A-12.4 was not received by the Department until State fiscal year 2014 and since the Department made retroactive payments during State fiscal year 2014 related to the referenced period of June 2012, the transfer authority granted in this paragraph (7.12) is extended through the date that is 10 State business days after June 16, 2014 (the effective date of Public Act 98-651).
        (8) For making refunds to hospital providers pursuant
    
to Section 5A-10.
        (9) For making payment to capitated managed care
    
organizations as described in subsections (s) and (t) of Section 5A-12.2 of this Code.
    Disbursements from the Fund, other than transfers authorized under paragraphs (5) and (6) of this subsection, shall be by warrants drawn by the State Comptroller upon receipt of vouchers duly executed and certified by the Illinois Department.
    (c) The Fund shall consist of the following:
        (1) All moneys collected or received by the Illinois
    
Department from the hospital provider assessment imposed by this Article.
        (2) All federal matching funds received by the
    
Illinois Department as a result of expenditures made by the Illinois Department that are attributable to moneys deposited in the Fund.
        (3) Any interest or penalty levied in conjunction
    
with the administration of this Article.
        (3.5) As applicable, proceeds from surety bond
    
payments payable to the Department as referenced in subsection (s) of Section 5A-12.2 of this Code.
        (4) Moneys transferred from another fund in the State
    
treasury.
        (5) All other moneys received for the Fund from any
    
other source, including interest earned thereon.
    (d) (Blank).
(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 98-756, eff. 7-16-14; 99-78, eff. 7-20-15; 99-933, eff. 1-27-17.)