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Public Act 097-0647
Public Act 0647 97TH GENERAL ASSEMBLY
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Public Act 097-0647
| | SB0773 Enrolled | LRB097 04506 KTG 44545 b |
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| 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 12-9 as follows:
| (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
| Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The | Public Aid Recoveries Trust Fund shall consist of (1)
| recoveries by the Department of Healthcare and Family Services | (formerly Illinois Department of Public Aid) authorized by this | Code
in respect to applicants or recipients under Articles III, | IV, V, and VI,
including recoveries made by the Department of | Healthcare and Family Services (formerly Illinois Department | of Public
Aid) from the estates of deceased recipients, (2) | recoveries made by the
Department of Healthcare and Family | Services (formerly Illinois Department of Public Aid) in | respect to applicants and recipients under
the Children's | Health Insurance Program Act, the Covering ALL KIDS Health | Insurance Act, and the Senior Citizens and Disabled Persons | Property Tax Relief and Pharmaceutical Assistance Act, (3) | federal funds received on
behalf of and earned by State | universities and local governmental entities
for services | provided to
applicants or recipients covered under this Code, |
| the Children's Health Insurance Program Act, the Covering ALL | KIDS Health Insurance Act, and the Senior Citizens and Disabled | Persons Property Tax Relief and Pharmaceutical Assistance Act, | (3.5) federal financial participation revenue related to | eligible disbursements made by the Department of Healthcare and | Family Services from appropriations required by this Section, | and (4) all other moneys received to the Fund, including | interest thereon. The Fund shall be held
as a special fund in | the State Treasury.
| Disbursements from this Fund shall be only (1) for the | reimbursement of
claims collected by the Department of | Healthcare and Family Services (formerly Illinois Department | of Public Aid) through error
or mistake, (2) for payment to | persons or agencies designated as payees or
co-payees on any | instrument, whether or not negotiable, delivered to the
| Department of Healthcare and Family Services (formerly
| Illinois Department of Public Aid) as a recovery under this | Section, such
payment to be in proportion to the respective | interests of the payees in the
amount so collected, (3) for | payments to the Department of Human Services
for collections | made by the Department of Healthcare and Family Services | (formerly Illinois Department of Public Aid) on behalf of
the | Department of Human Services under this Code, the Children's | Health Insurance Program Act, and the Covering ALL KIDS Health | Insurance Act, (4) for payment of
administrative expenses | incurred in performing the
activities authorized under this |
| Code, the Children's Health Insurance Program Act, the Covering | ALL KIDS Health Insurance Act, and the Senior Citizens and | Disabled Persons Property Tax Relief and Pharmaceutical | Assistance Act, (5)
for payment of fees to persons or agencies | in the performance of activities
pursuant to the collection of | monies owed the State that are collected
under this Code, the | Children's Health Insurance Program Act, the Covering ALL KIDS | Health Insurance Act, and the Senior Citizens and Disabled | Persons Property Tax Relief and Pharmaceutical Assistance Act, | (6) for payments of any amounts which are
reimbursable to the | federal government which are required to be paid by State
| warrant by either the State or federal government, and (7) for | payments
to State universities and local governmental entities | of federal funds for
services provided to
applicants or | recipients covered under this Code, the Children's Health | Insurance Program Act, the Covering ALL KIDS Health Insurance | Act, and the Senior Citizens and Disabled Persons Property Tax | Relief and Pharmaceutical Assistance Act. Disbursements
from | this Fund for purposes of items (4) and (5) of this
paragraph | shall be subject to appropriations from the Fund to the | Department of Healthcare and Family Services (formerly | Illinois
Department of Public Aid).
| The balance in this Fund on the first day of each calendar | quarter, after
payment therefrom of any amounts reimbursable to | the federal government, and
minus the amount reasonably | anticipated to be needed to make the disbursements
during that |
| quarter authorized by this Section, shall be certified by the
| Director of Healthcare and Family Services and transferred by | the
State Comptroller to the Drug Rebate Fund or the Healthcare | Provider Relief Fund in
the State Treasury, as appropriate, | within 30 days of the first day of
each calendar quarter. The | Director of Healthcare and Family Services may certify and the | State Comptroller shall transfer to the Drug Rebate Fund | amounts on a more frequent basis.
| On July 1, 1999, the State Comptroller shall transfer the | sum of $5,000,000
from the Public Aid Recoveries Trust Fund | (formerly the Public Assistance
Recoveries Trust Fund) into the | DHS Recoveries Trust Fund.
| (Source: P.A. 95-331, eff. 8-21-07; 96-1100, eff. 1-1-11.)
| Section 99. Effective date. This Act takes effect January | 1, 2012. |
Effective Date: 1/1/2012
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