Illinois General Assembly - Illinois Compiled Statutes

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405 ILCS 5/5-113

(405 ILCS 5/5-113) (from Ch. 91 1/2, par. 5-113)

Sec. 5-113.

Upon receiving a petition for review under Section 5-111, the Department
shall thereupon notify the Board of Reimbursement Appeals which shall render
its decision thereon within 30 days after the petition is filed and certify
such decision to the Department. Concurrence of a majority of the Board is
necessary in any such decision. Upon request of the Department, the State's
Attorney of the county in which a responsible relative or a recipient who is
liable under this Act for payment of sums representing services charges
resides, shall institute appropriate legal action against any such responsible
relative, or the recipient, or within the time provided by law shall file a
claim against the estate of such recipient who fails or refuses to pay those
charges. The court shall order the payment of sums due for services charges
for such period or periods of time as the circumstances require, except that
no responsible relative may be held liable for charges for services furnished
to a recipient if such charges were assessed more than 5 years prior to the
time the action is filed; but such 5 year limitation does not apply to the
liability of a recipient or recipient's estate. Such order may be entered
against any or all such defendants and may be based upon the proportionate
ability of each defendant to contribute to the payment of sums representing
services charges including the actual charges for services in facilities
outside the Department where the Department has paid such charges. Orders
for the payment of money may be enforced by attachment as for contempt
against the persons of the defendants and, in addition, as other judgments
for the payment of money, and costs may be adjudged against the defendants
and apportioned
among them.

(Source: P.A. 80-1414.)