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1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 12-9 as follows:
 
6    (305 ILCS 5/12-9)  (from Ch. 23, par. 12-9)
7    Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The
8Public Aid Recoveries Trust Fund shall consist of (1)
9recoveries by the Department of Healthcare and Family Services
10(formerly Illinois Department of Public Aid) authorized by this
11Code in respect to applicants or recipients under Articles III,
12IV, V, and VI, including recoveries made by the Department of
13Healthcare and Family Services (formerly Illinois Department
14of Public Aid) from the estates of deceased recipients, (2)
15recoveries made by the Department of Healthcare and Family
16Services (formerly Illinois Department of Public Aid) in
17respect to applicants and recipients under the Children's
18Health Insurance Program Act, the Covering ALL KIDS Health
19Insurance Act, and the Senior Citizens and Disabled Persons
20Property Tax Relief and Pharmaceutical Assistance Act, (3)
21federal funds received on behalf of and earned by State
22universities and local governmental entities for services
23provided to applicants or recipients covered under this Code,

 

 

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1the Children's Health Insurance Program Act, the Covering ALL
2KIDS Health Insurance Act, and the Senior Citizens and Disabled
3Persons Property Tax Relief and Pharmaceutical Assistance Act,
4(3.5) federal financial participation revenue related to
5eligible disbursements made by the Department of Healthcare and
6Family Services from appropriations required by this Section,
7and (4) all other moneys received to the Fund, including
8interest thereon. The Fund shall be held as a special fund in
9the State Treasury.
10    Disbursements from this Fund shall be only (1) for the
11reimbursement of claims collected by the Department of
12Healthcare and Family Services (formerly Illinois Department
13of Public Aid) through error or mistake, (2) for payment to
14persons or agencies designated as payees or co-payees on any
15instrument, whether or not negotiable, delivered to the
16Department of Healthcare and Family Services (formerly
17Illinois Department of Public Aid) as a recovery under this
18Section, such payment to be in proportion to the respective
19interests of the payees in the amount so collected, (3) for
20payments to the Department of Human Services for collections
21made by the Department of Healthcare and Family Services
22(formerly Illinois Department of Public Aid) on behalf of the
23Department of Human Services under this Code, the Children's
24Health Insurance Program Act, and the Covering ALL KIDS Health
25Insurance Act, (4) for payment of administrative expenses
26incurred in performing the activities authorized under this

 

 

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1Code, the Children's Health Insurance Program Act, the Covering
2ALL KIDS Health Insurance Act, and the Senior Citizens and
3Disabled Persons Property Tax Relief and Pharmaceutical
4Assistance Act, (5) for payment of fees to persons or agencies
5in the performance of activities pursuant to the collection of
6monies owed the State that are collected under this Code, the
7Children's Health Insurance Program Act, the Covering ALL KIDS
8Health Insurance Act, and the Senior Citizens and Disabled
9Persons Property Tax Relief and Pharmaceutical Assistance Act,
10(6) for payments of any amounts which are reimbursable to the
11federal government which are required to be paid by State
12warrant by either the State or federal government, and (7) for
13payments to State universities and local governmental entities
14of federal funds for services provided to applicants or
15recipients covered under this Code, the Children's Health
16Insurance Program Act, the Covering ALL KIDS Health Insurance
17Act, and the Senior Citizens and Disabled Persons Property Tax
18Relief and Pharmaceutical Assistance Act. Disbursements from
19this Fund for purposes of items (4) and (5) of this paragraph
20shall be subject to appropriations from the Fund to the
21Department of Healthcare and Family Services (formerly
22Illinois Department of Public Aid).
23    The balance in this Fund on the first day of each calendar
24quarter, after payment therefrom of any amounts reimbursable to
25the federal government, and minus the amount reasonably
26anticipated to be needed to make the disbursements during that

 

 

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1quarter authorized by this Section, shall be certified by the
2Director of Healthcare and Family Services and transferred by
3the State Comptroller to the Drug Rebate Fund or the Healthcare
4Provider Relief Fund in the State Treasury, as appropriate,
5within 30 days of the first day of each calendar quarter. The
6Director of Healthcare and Family Services may certify and the
7State Comptroller shall transfer to the Drug Rebate Fund
8amounts on a more frequent basis.
9    On July 1, 1999, the State Comptroller shall transfer the
10sum of $5,000,000 from the Public Aid Recoveries Trust Fund
11(formerly the Public Assistance Recoveries Trust Fund) into the
12DHS Recoveries Trust Fund.
13(Source: P.A. 95-331, eff. 8-21-07; 96-1100, eff. 1-1-11.)
 
14    Section 99. Effective date. This Act takes effect January
151, 2012.