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92nd General Assembly

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Public Act 92-0327

SB882 Enrolled                                 LRB9201518DJgc

    AN ACT in relation to 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 12-4.25 as follows:

    (305 ILCS 5/12-4.25) (from Ch. 23, par. 12-4.25)
    Sec.   12-4.25.  Medical   assistance   program;   vendor
participation.
    (A)  The  Illinois  Department  may  deny,   suspend   or
terminate  the  eligibility of any person, firm, corporation,
association, agency, institution or  other  legal  entity  to
participate  as  a vendor of goods or  services to recipients
under the medical assistance  program  under  Article  V,  if
after  reasonable  notice  and  opportunity for a hearing the
Illinois Department finds:
         (a)  Such  vendor  is   not   complying   with   the
    Department's policy or rules and regulations, or with the
    terms   and   conditions   prescribed   by  the  Illinois
    Department in its vendor agreement, which document  shall
    be   developed   by   the   Department  as  a  result  of
    negotiations  with  each   vendor   category,   including
    physicians,   hospitals,   long   term  care  facilities,
    pharmacists,  optometrists,  podiatrists   and   dentists
    setting  forth the terms and conditions applicable to the
    participation of each vendor group in the program; or
         (b)  Such  vendor  has  failed  to  keep   or   make
    available   for   inspection,  audit  or  copying,  after
    receiving a written request from the Illinois Department,
    such records regarding  payments  claimed  for  providing
    services.   This section does not require vendors to make
    available patient records of patients for  whom  services
    are not reimbursed under this Code; or
         (c)  Such   vendor   has   failed   to  furnish  any
    information  requested  by   the   Department   regarding
    payments for providing goods or services; or
         (d)  Such vendor has knowingly made, or caused to be
    made, any false statement or representation of a material
    fact in connection with the administration of the medical
    assistance program; or
         (e)  Such  vendor has furnished goods or services to
    a recipient which are (1) in excess of his or her  needs,
    (2)  harmful to the recipient, or (3) of grossly inferior
    quality, all of such  determinations  to  be  based  upon
    competent medical judgment and evaluations; or
         (f)  The    vendor;   a   person   with   management
    responsibility for a vendor; an officer or person owning,
    either directly or indirectly, 5% or more of  the  shares
    of  stock  or other evidences of ownership in a corporate
    vendor; an owner of a  sole  proprietorship  which  is  a
    vendor;  or a partner in a partnership which is a vendor,
    either:
              (1)  was     previously     terminated     from
         participation in  the  Illinois  medical  assistance
         program,  or  was terminated from participation in a
         medical assistance program in another state that  is
         of   the   same  kind  as  the  program  of  medical
         assistance provided under Article V of this Code; or
              (2)  was    a    person     with     management
         responsibility  for  a  previously terminated vendor
         previously  terminated  from  participation  in  the
         Illinois medical assistance program,  or  terminated
         from  participation  in a medical assistance program
         in another state that is of the  same  kind  as  the
         program of medical assistance provided under Article
         V of this Code, during the time of conduct which was
         the   basis   for  that  vendor's  termination  from
         participation in the medical assistance program; or
              (3)  was an officer, or person  owning,  either
         directly  or indirectly, 5% or more of the shares of
         stock  or  other  evidences  of   ownership   in   a
         previously  terminated  corporate  vendor previously
         terminated  from  participation  in   the   Illinois
         medical   assistance  program,  or  terminated  from
         participation in a  medical  assistance  program  in
         another  state  that  is  of  the  same  kind as the
         program of medical assistance provided under Article
         V of this Code, during the time of conduct which was
         the  basis  for  that  vendor's   termination   from
         participation in the medical assistance program; or
              (4)  was  an  owner of a sole proprietorship or
         partner  of  a  partnership  which  was   previously
         terminated   from   participation  in  the  Illinois
         medical  assistance  program,  or  terminated   from
         participation  in  a  medical  assistance program in
         another state that  is  of  the  same  kind  as  the
         program of medical assistance provided under Article
         V of this Code, during the time of conduct which was
         the   basis   for  that  vendor's  termination  from
         participation in the medical assistance program; or
         (g)  The   vendor;   a   person   with    management
    responsibility for a vendor; an officer or person owning,
    either  directly  or indirectly, 5% or more of the shares
    of stock or other evidences of ownership in  a  corporate
    vendor;  an  owner  of  a  sole proprietorship which is a
    vendor; or a partner in a partnership which is a  vendor,
    either:
              (1)  has  engaged  in  practices  prohibited by
         applicable  federal  or  State  law  or   regulation
         relating to the medical assistance program; or
              (2)  was     a     person    with    management
         responsibility for a vendor at the  time  that  such
         vendor engaged in practices prohibited by applicable
         federal  or  State law or regulation relating to the
         medical assistance program; or
              (3)  was an officer, or person  owning,  either
         directly  or indirectly, 5% or more of the shares of
         stock or other evidences of ownership in a vendor at
         the time such vendor engaged in practices prohibited
         by applicable federal or  State  law  or  regulation
         relating to the medical assistance program; or
              (4)  was  an  owner of a sole proprietorship or
         partner of a partnership which was a vendor  at  the
         time  such vendor engaged in practices prohibited by
         applicable  federal  or  State  law  or   regulation
         relating to the medical assistance program.
         (h)  The  direct or indirect ownership of the vendor
    (including the ownership of  a  vendor  that  is  a  sole
    proprietorship,  a partner's interest in a vendor that is
    a partnership, or ownership of 5% or more of  the  shares
    of  stock  or other evidences of ownership in a corporate
    vendor) has been transferred  by  an  individual  who  is
    terminated  or  barred  from participating as a vendor to
    the individual's spouse, child, brother, sister,  parent,
    grandparent,  grandchild,  uncle,  aunt,  niece,  nephew,
    cousin, or relative by marriage.
    (A-5)  The  Illinois  Department  may  deny,  suspend, or
terminate the eligibility of any person,  firm,  corporation,
association,  agency,  institution,  or other legal entity to
participate as a vendor of goods or  services  to  recipients
under  the  medical  assistance  program  under Article V if,
after reasonable notice and opportunity for  a  hearing,  the
Illinois  Department  finds  that  the  vendor; a person with
management responsibility for a vendor; an officer or  person
owning,  either  directly  or  indirectly,  5% or more of the
shares  of  stock  or  other  evidences  of  ownership  in  a
corporate vendor; an owner of a sole proprietorship that is a
vendor; or a partner in a partnership that is  a  vendor  has
been  convicted of a felony offense based on fraud or willful
misrepresentation related to any of the following:
         (1) The medical assistance program under  Article  V
    of this Code.
         (2)  A  medical  assistance program in another state
    that is of the  same  kind  as  the  program  of  medical
    assistance provided under Article V of this Code.
         (3)  The  Medicare  program under Title XVIII of the
    Social Security Act.
         (4) The provision of health care services.
    (B)  The  Illinois  Department  shall  deny,  suspend  or
terminate the eligibility of any person,  firm,  corporation,
association,  agency,  institution  or  other legal entity to
participate as a vendor of goods or  services  to  recipients
under the medical assistance program under Article V:
         (1)  if such vendor is not properly licensed;
         (2)  within  30  days of the date when such vendor's
professional license, certification  or  other  authorization
has  been  refused  renewal or has been revoked, suspended or
otherwise terminated; or
         (3)  if  such  vendor  has  been  convicted   of   a
    violation of this Code, as provided in Article VIIIA.
    (C)  Upon  termination  of  a vendor of goods or services
from  participation  in  the   medical   assistance   program
authorized   by   this  Article,  a  person  with  management
responsibility for such vendor during the time of any conduct
which served as the basis for that  vendor's  termination  is
barred from participation in the medical assistance program.
    Upon  termination of a corporate vendor, the officers and
persons owning, directly or indirectly, 5%  or  more  of  the
shares of stock or other evidences of ownership in the vendor
during  the time of any conduct which served as the basis for
that vendor's termination are barred  from  participation  in
the  medical  assistance program. A person who owns, directly
or indirectly, 5% or more of the shares  of  stock  or  other
evidences  of  ownership in a terminated corporate vendor may
not transfer his or her ownership interest in that vendor  to
his   or   her   spouse,   child,  brother,  sister,  parent,
grandparent, grandchild, uncle, aunt, niece, nephew,  cousin,
or relative by marriage.
    Upon termination of a sole proprietorship or partnership,
the  owner  or  partners during the time of any conduct which
served as the basis for that vendor's termination are  barred
from  participation  in  the  medical assistance program. The
owner of a terminated vendor that is a  sole  proprietorship,
and  a  partner in a terminated vendor that is a partnership,
may not transfer his or her ownership or partnership interest
in that vendor to his or her spouse, child, brother,  sister,
parent,  grandparent, grandchild, uncle, aunt, niece, nephew,
cousin, or relative by marriage.
    Rules adopted by the  Illinois  Department  to  implement
these  provisions  shall specifically include a definition of
the term "management responsibility" as used in this Section.
Such definition shall include, but not be limited to, typical
job  titles,  and  duties  and  descriptions  which  will  be
considered as  within  the  definition  of  individuals  with
management responsibility for a provider.
    (D)  If  a  vendor  has  been  suspended from the medical
assistance program under Article V of the Code, the  Director
may  require  that such vendor correct any deficiencies which
served as the basis for the suspension.  The  Director  shall
specify  in  the  suspension order a specific period of time,
which shall not exceed one year from the date of  the  order,
during  which  a  suspended  vendor  shall not be eligible to
participate. At the conclusion of the  period  of  suspension
the  Director  shall  reinstate  such vendor, unless he finds
that such vendor has not corrected  deficiencies  upon  which
the suspension was based.
    If   a  vendor  has  been  terminated  from  the  medical
assistance program under Article  V,  such  vendor  shall  be
barred  from  participation for at least one year. At the end
of one year a vendor who has been terminated  may  apply  for
reinstatement  to  the program. Upon proper application to be
reinstated such vendor may be deemed eligible by the Director
providing  that  such  vendor  meets  the  requirements   for
eligibility  under  this  Code Act.  If such vendor is deemed
not eligible for reinstatement, he shall be barred from again
applying for reinstatement for one year  from  the  date  his
application for reinstatement is denied.
    A  vendor  whose  termination  from  participation in the
Illinois medical assistance program under Article V was based
solely on an action by a governmental entity other  than  the
Illinois   Department   may,   upon   reinstatement  by  that
governmental entity or  upon  reversal  of  the  termination,
apply for rescission of the termination from participation in
the   Illinois   medical  assistance  program.   Upon  proper
application for rescission, the vendor may be deemed eligible
by the Director if the  vendor  meets  the  requirements  for
eligibility under this Code.
    If  a  vendor  has  been terminated and reinstated to the
medical assistance program under Article V and the vendor  is
terminated  a  second  or  subsequent  time  from the medical
assistance  program,  the  vendor  shall   be   barred   from
participation for at least 2 years.  At the end of 2 years, a
vendor who has been terminated may apply for reinstatement to
the  program.   Upon application to be reinstated, the vendor
may be deemed eligible if the vendor meets  the  requirements
for eligibility under this Code.  If the vendor is deemed not
eligible  for  reinstatement, the vendor shall be barred from
again applying for reinstatement for 2 years  from  the  date
the vendor's application for reinstatement is denied.
    (E)  The Illinois Department may recover money improperly
or  erroneously  paid,  or  overpayments,  either  by setoff,
crediting against future  billings  or  by  requiring  direct
repayment to the Illinois Department.
    (F)  The Illinois Department may withhold payments to any
vendor  during  the  pendency  of  any  proceeding under this
Section except that if a final  administrative  decision  has
not  been  issued  within  120 days of the initiation of such
proceedings, unless delay has  been  caused  by  the  vendor,
payments  can  no longer be withheld, provided, however, that
the 120 day limit  may  be  extended  if  said  extension  is
mutually agreed to by the Illinois Department and the vendor.
The  Illinois  Department  shall  state  by rule with as much
specificity  as  practicable  the  conditions   under   which
payments  will  not  be  withheld  during the pendency of any
proceeding under this Section.  Payments may  be  denied  for
bills  submitted  with  service  dates  occurring  during the
pendency of  a  proceeding  where  the  final  administrative
decision  is  to  terminate eligibility to participate in the
medical assistance program.  The  Illinois  Department  shall
state  by  rule  with  as much specificity as practicable the
conditions under which payments will not be denied  for  such
bills.
    (F-5)  The  Illinois  Department may temporarily withhold
payments to  a vendor if any  of  the  following  individuals
have  been  indicted or  otherwise charged under a law of the
United States or this or any  other  state    with  a  felony
offense   that   is   based   on  alleged  fraud  or  willful
misrepresentation on the part of the  individual  related  to
(i)  the  medical  assistance program under Article V of this
Code, (ii) a medical assistance  program provided in  another
state  which is of the kind provided under  Article V of this
Code, (iii) the Medicare program under  Title  XVIII  of  the
Social  Security  Act,  or  (iv) the provision of health care
services:
         (1) If the vendor is a corporation:  an  officer  of
    the  corporation    or  an  individual  who  owns, either
    directly or indirectly, 5% or more    of  the  shares  of
    stock or other evidence of ownership of the  corporation.
         (2)  If  the  vendor  is  a sole proprietorship: the
    owner of the sole  proprietorship.
         (3) If the vendor is a partnership: a partner in the
    partnership.
         (4) If the  vendor  is  any  other  business  entity
    authorized  by  law   to transact business in this State:
    an officer of the entity or  an    individual  who  owns,
    either   directly  or  indirectly,  5%  or  more  of  the
    evidences of ownership of the entity.
    If the Illinois Department withholds payments to a vendor
under this  subsection,  the  Department  shall  not  release
those  payments  to the vendor  while any criminal proceeding
related to the indictment or charge is pending    unless  the
Department determines that there is good cause to release the
payments   before  completion  of  the  proceeding.   If  the
indictment or charge  results in the individual's conviction,
the Illinois Department shall retain all withheld   payments,
which  shall  be  considered forfeited to the Department.  If
the  indictment or charge does not result in the individual's
conviction, the Illinois Department   shall  release  to  the
vendor all withheld payments.
    (G)  The  provisions of the Administrative Review Law, as
now or hereafter amended,  and  the  rules  adopted  pursuant
thereto,  shall  apply  to and govern all proceedings for the
judicial review of  final  administrative  decisions  of  the
Illinois   Department   under   this   Section.    The   term
"administrative  decision"  is defined as in Section 3-101 of
the Code of Civil Procedure.
    (H)  Nothing contained in this  Code  shall  in  any  way
limit or otherwise impair the authority or power of any State
agency responsible for licensing of vendors.
    (I)  Based on a finding of noncompliance on the part of a
nursing  home  with  any  requirement for certification under
Title XVIII or XIX of the Social Security Act (42 U.S.C. Sec.
1395 et seq. or 42 U.S.C. Sec. 1396 et  seq.),  the  Illinois
Department  may  impose one or more of the following remedies
after notice to the facility:
         (1)  Termination of the provider agreement.
         (2)  Temporary management.
         (3)  Denial of payment for new admissions.
         (4)  Civil money penalties.
         (5)  Closure of the facility in emergency situations
    or transfer of residents, or both.
         (6)  State monitoring.
         (7)  Denial of all payments  when  the  Health  Care
    Finance Administration has imposed this sanction.
    The  Illinois Department shall by rule establish criteria
governing continued payments to a nursing facility subsequent
to termination of the facility's provider  agreement  if,  in
the sole discretion of the Illinois Department, circumstances
affecting  the  health, safety, and welfare of the facility's
residents require those  continued  payments.   The  Illinois
Department  may  condition  those  continued  payments on the
appointment of temporary management, sale of the facility  to
new  owners  or  operators,  or  other  arrangements that the
Illinois Department determines best serve the  needs  of  the
facility's residents.
    Except  in  the  case of a facility that has a right to a
hearing on the finding of noncompliance before an  agency  of
the  federal  government,  a  facility  may request a hearing
before a State agency on any finding of noncompliance  within
60  days  after  the notice of the intent to impose a remedy.
Except in the case of civil money penalties, a request for  a
hearing  shall  not  delay  imposition  of  the penalty.  The
choice of remedies is not appealable at a hearing.  The level
of noncompliance may be challenged only  in  the  case  of  a
civil  money  penalty.  The Illinois Department shall provide
by  rule  for  the  State  agency  that  will   conduct   the
evidentiary hearings.
    The  Illinois  Department  may collect interest on unpaid
civil money penalties.
    The Illinois Department may adopt all rules necessary  to
implement this subsection (I).
(Source: P.A. 89-21, eff. 1-1-96; 90-725, eff. 8-7-98.)

    Section  99.   Effective  date.  This Act takes effect on
January 1, 2002.
    Passed in the General Assembly May 16, 2001.
    Approved August 09, 2001.

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