101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4325

 

Introduced 1/29/2020, by Rep. Kathleen Willis

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 505/8  from Ch. 37, par. 439.8
705 ILCS 505/22  from Ch. 37, par. 439.22

    Amends the Court of Claims Act. Provides that the Court of Claims has exclusive jurisdiction to hear and determine all quantum meruit claims by medical vendors for medical services rendered by the claimant to a person eligible for medical assistance under programs administered by the Department of Healthcare and Family Services if: (1) the services or goods were provided between January 1, 2015 and June 30, 2019; (2) at the time the services or goods were provided, the vendor was certified by Medicaid to provide medical services to persons eligible for medical assistance; (3) the State accepted the services or goods provided; (4) the State has been unjustly enriched or benefited from the services or goods; and (5) the claim was filed with the Court of Claims before March 31, 2020. Provides that the existence of a vendor agreement between a vendor and the State shall not be a bar, defense, or otherwise defeat a quantum meruit claim. Provides that the amount due to a vendor shall not exceed the Medicaid fee for service rates that would have otherwise been paid to the vendor for a valid claim at the time the services were rendered. Makes a corresponding change. Effective immediately.


LRB101 18260 LNS 67705 b

 

 

A BILL FOR

 

HB4325LRB101 18260 LNS 67705 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Court of Claims Act is amended by changing
5Sections 8 and 22 as follows:
 
6    (705 ILCS 505/8)   (from Ch. 37, par. 439.8)
7    Sec. 8. Court of Claims jurisdiction; deliberation
8periods. The court shall have exclusive jurisdiction to hear
9and determine the following matters:
10        (a) All claims against the State founded upon any law
11    of the State of Illinois or upon any regulation adopted
12    thereunder by an executive or administrative officer or
13    agency; provided, however, the court shall not have
14    jurisdiction (i) to hear or determine claims arising under
15    the Workers' Compensation Act or the Workers' Occupational
16    Diseases Act, or claims for expenses in civil litigation,
17    or (ii) to review administrative decisions for which a
18    statute provides that review shall be in the circuit or
19    appellate court.
20        (b) All claims against the State founded upon any
21    contract entered into with the State of Illinois.
22        (c) All claims against the State for time unjustly
23    served in prisons of this State when the person imprisoned

 

 

HB4325- 2 -LRB101 18260 LNS 67705 b

1    received a pardon from the Governor stating that such
2    pardon is issued on the ground of innocence of the crime
3    for which he or she was imprisoned or he or she received a
4    certificate of innocence from the Circuit Court as provided
5    in Section 2-702 of the Code of Civil Procedure; provided,
6    the amount of the award is at the discretion of the court;
7    and provided, the court shall make no award in excess of
8    the following amounts: for imprisonment of 5 years or less,
9    not more than $85,350; for imprisonment of 14 years or less
10    but over 5 years, not more than $170,000; for imprisonment
11    of over 14 years, not more than $199,150; and provided
12    further, the court shall fix attorney's fees not to exceed
13    25% of the award granted. On or after the effective date of
14    this amendatory Act of the 95th General Assembly, the court
15    shall annually adjust the maximum awards authorized by this
16    subsection (c) to reflect the increase, if any, in the
17    Consumer Price Index For All Urban Consumers for the
18    previous calendar year, as determined by the United States
19    Department of Labor, except that no annual increment may
20    exceed 5%. For the annual adjustments, if the Consumer
21    Price Index decreases during a calendar year, there shall
22    be no adjustment for that calendar year. The transmission
23    by the Prisoner Review Board or the clerk of the circuit
24    court of the information described in Section 11(b) to the
25    clerk of the Court of Claims is conclusive evidence of the
26    validity of the claim. The changes made by this amendatory

 

 

HB4325- 3 -LRB101 18260 LNS 67705 b

1    Act of the 95th General Assembly apply to all claims
2    pending on or filed on or after the effective date.
3        (d) All claims against the State for damages in cases
4    sounding in tort, if a like cause of action would lie
5    against a private person or corporation in a civil suit,
6    and all like claims sounding in tort against the Medical
7    Center Commission, the Board of Trustees of the University
8    of Illinois, the Board of Trustees of Southern Illinois
9    University, the Board of Trustees of Chicago State
10    University, the Board of Trustees of Eastern Illinois
11    University, the Board of Trustees of Governors State
12    University, the Board of Trustees of Illinois State
13    University, the Board of Trustees of Northeastern Illinois
14    University, the Board of Trustees of Northern Illinois
15    University, the Board of Trustees of Western Illinois
16    University, or the Board of Trustees of the Illinois
17    Mathematics and Science Academy; provided, that an award
18    for damages in a case sounding in tort, other than certain
19    cases involving the operation of a State vehicle described
20    in this paragraph, shall not exceed the sum of $2,000,000
21    to or for the benefit of any claimant. The $2,000,000 limit
22    prescribed by this Section does not apply to an award of
23    damages in any case sounding in tort arising out of the
24    operation by a State employee of a vehicle owned, leased or
25    controlled by the State. The defense that the State or the
26    Medical Center Commission or the Board of Trustees of the

 

 

HB4325- 4 -LRB101 18260 LNS 67705 b

1    University of Illinois, the Board of Trustees of Southern
2    Illinois University, the Board of Trustees of Chicago State
3    University, the Board of Trustees of Eastern Illinois
4    University, the Board of Trustees of Governors State
5    University, the Board of Trustees of Illinois State
6    University, the Board of Trustees of Northeastern Illinois
7    University, the Board of Trustees of Northern Illinois
8    University, the Board of Trustees of Western Illinois
9    University, or the Board of Trustees of the Illinois
10    Mathematics and Science Academy is not liable for the
11    negligence of its officers, agents, and employees in the
12    course of their employment is not applicable to the hearing
13    and determination of such claims. The changes to this
14    Section made by this amendatory Act of the 100th General
15    Assembly apply only to claims filed on or after July 1,
16    2015.
17        The court shall annually adjust the maximum awards
18    authorized by this subsection to reflect the increase, if
19    any, in the Consumer Price Index For All Urban Consumers
20    for the previous calendar year, as determined by the United
21    States Department of Labor. The Comptroller shall make the
22    new amount resulting from each annual adjustment available
23    to the public via the Comptroller's official website by
24    January 31 of every year.
25        (e) All claims for recoupment made by the State of
26    Illinois against any claimant.

 

 

HB4325- 5 -LRB101 18260 LNS 67705 b

1        (f) All claims pursuant to the Line of Duty
2    Compensation Act. A claim under that Act must be heard and
3    determined within one year after the application for that
4    claim is filed with the Court as provided in that Act.
5        (g) All claims filed pursuant to the Crime Victims
6    Compensation Act.
7        (h) All claims pursuant to the Illinois National
8    Guardsman's Compensation Act. A claim under that Act must
9    be heard and determined within one year after the
10    application for that claim is filed with the Court as
11    provided in that Act.
12        (i) All claims authorized by subsection (a) of Section
13    10-55 of the Illinois Administrative Procedure Act for the
14    expenses incurred by a party in a contested case on the
15    administrative level.
16    (j) All quantum meruit claims by medical vendors for
17medical services rendered by the claimant pursuant to Section
185-5.01a of the Illinois Public Aid Code to a person eligible
19for medical assistance under programs administered by the
20Department of Healthcare and Family Services if:
21        (1) the services or goods were provided between January
22    1, 2015 and June 30, 2019;
23        (2) at the time the services or goods were provided,
24    the vendor was certified by Medicaid to provide medical
25    services to a person eligible for medical assistance under
26    programs administered by the Department of Healthcare and

 

 

HB4325- 6 -LRB101 18260 LNS 67705 b

1    Family Services;
2        (3) the State accepted the services or goods provided;
3        (4) the State has been unjustly enriched or benefited
4    from the services or goods; and
5        (5) the claim was filed with the Court of Claims before
6    March 31, 2020.
7    The existence of a vendor agreement between a vendor and
8the State shall not be a bar, defense, or otherwise defeat a
9quantum meruit claim under this subsection. The amount due to a
10vendor under this subsection shall not exceed the Medicaid fee
11for service rates that would have otherwise been paid to the
12vendor for a valid claim at the time the services were
13rendered.
14(Source: P.A. 100-1124, eff. 11-27-18.)
 
15    (705 ILCS 505/22)  (from Ch. 37, par. 439.22)
16    Sec. 22. Every claim cognizable by the court Court and not
17otherwise sooner barred by law shall be forever barred from
18prosecution therein unless it is filed with the clerk of the
19court Clerk of the Court within the time set forth as follows:
20        (a) All claims arising out of a contract must be filed
21    within 5 years after it first accrues, saving to minors,
22    and persons under legal disability at the time the claim
23    accrues, in which cases the claim must be filed within 5
24    years from the time the disability ceases.
25        (b) All claims cognizable against the State by vendors

 

 

HB4325- 7 -LRB101 18260 LNS 67705 b

1    of goods or services under the "The Illinois Public Aid
2    Code", approved April 11, 1967, as amended, must file
3    within one year after the accrual of the cause of action,
4    as provided in Section 11-13 of that Code. This restriction
5    shall not apply to claims made pursuant to subsection (j)
6    of Section 8.
7        (c) All claims arising under paragraph (c) of Section 8
8    of this Act must be automatically heard by the court within
9    120 days after the person asserting such claim is either
10    issued a certificate of innocence from the circuit court
11    Circuit Court as provided in Section 2-702 of the Code of
12    Civil Procedure, or is granted a pardon by the Governor,
13    whichever occurs later, without the person asserting the
14    claim being required to file a petition under Section 11 of
15    this Act, except as otherwise provided by the Crime Victims
16    Compensation Act. Any claims filed by the claimant under
17    paragraph (c) of Section 8 of this Act must be filed within
18    2 years after the person asserting such claim is either
19    issued a certificate of innocence as provided in Section
20    2-702 of the Code of Civil Procedure, or is granted a
21    pardon by the Governor, whichever occurs later.
22        (d) All claims arising under paragraph (f) of Section 8
23    of this Act must be filed within the time set forth in
24    Section 3 of the Line of Duty Compensation Act.
25        (e) All claims arising under paragraph (h) of Section 8
26    of this Act must be filed within one year of the date of

 

 

HB4325- 8 -LRB101 18260 LNS 67705 b

1    the death of the guardsman or militiaman as provided in
2    Section 3 of the "Illinois National Guardsman's and Naval
3    Militiaman's Compensation Act", approved August 12, 1971,
4    as amended.
5        (f) All claims arising under paragraph (g) of Section 8
6    of this Act must be filed within one year of the crime on
7    which a claim is based as provided in Section 6.1 of the
8    "Crime Victims Compensation Act", approved August 23,
9    1973, as amended.
10        (g) All claims arising from the Comptroller's refusal
11    to issue a replacement warrant pursuant to Section 10.10 of
12    the State Comptroller Act must be filed within 5 years
13    after the date of the Comptroller's refusal.
14        (h) All other claims must be filed within 2 years after
15    it first accrues, saving to minors, and persons under legal
16    disability at the time the claim accrues, in which case the
17    claim must be filed within 2 years from the time the
18    disability ceases.
19        (i) The changes made by Public Act 86-458 apply to all
20    warrants issued within the 5-year 5 year period preceding
21    August 31, 1989 (the effective date of Public Act 86-458).
22    The changes made to this Section by Public Act 100-1124
23    this amendatory Act of the 100th General Assembly apply to
24    claims pending on November 27, 2018 (the effective date of
25    Public Act 100-1124) this amendatory Act of the 100th
26    General Assembly and to claims filed thereafter.

 

 

HB4325- 9 -LRB101 18260 LNS 67705 b

1        (j) All time limitations established under this Act and
2    the rules promulgated under this Act shall be binding and
3    jurisdictional, except upon extension authorized by law or
4    rule and granted pursuant to a motion timely filed.
5(Source: P.A. 100-1124, eff. 11-27-18; revised 7-16-19.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.