Sen. Donne E. Trotter

Filed: 11/7/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 773

2    AMENDMENT NO. ______. Amend Senate Bill 773 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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

 

 

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1payments to the Department of Human Services for collections
2made by the Department of Healthcare and Family Services
3(formerly Illinois Department of Public Aid) on behalf of the
4Department of Human Services under this Code, the Children's
5Health Insurance Program Act, and the Covering ALL KIDS Health
6Insurance Act, (4) for payment of administrative expenses
7incurred in performing the activities authorized under this
8Code, the Children's Health Insurance Program Act, the Covering
9ALL KIDS Health Insurance Act, and the Senior Citizens and
10Disabled Persons Property Tax Relief and Pharmaceutical
11Assistance Act, (5) for payment of fees to persons or agencies
12in the performance of activities pursuant to the collection of
13monies owed the State that are collected under this Code, the
14Children's Health Insurance Program Act, the Covering ALL KIDS
15Health Insurance Act, and the Senior Citizens and Disabled
16Persons Property Tax Relief and Pharmaceutical Assistance Act,
17(6) for payments of any amounts which are reimbursable to the
18federal government which are required to be paid by State
19warrant by either the State or federal government, and (7) for
20payments to State universities and local governmental entities
21of federal funds for services provided to applicants or
22recipients covered under this Code, the Children's Health
23Insurance Program Act, the Covering ALL KIDS Health Insurance
24Act, and the Senior Citizens and Disabled Persons Property Tax
25Relief and Pharmaceutical Assistance Act. Disbursements from
26this Fund for purposes of items (4) and (5) of this paragraph

 

 

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1shall be subject to appropriations from the Fund to the
2Department of Healthcare and Family Services (formerly
3Illinois Department of Public Aid).
4    The balance in this Fund on the first day of each calendar
5quarter, after payment therefrom of any amounts reimbursable to
6the federal government, and minus the amount reasonably
7anticipated to be needed to make the disbursements during that
8quarter authorized by this Section, shall be certified by the
9Director of Healthcare and Family Services and transferred by
10the State Comptroller to the Drug Rebate Fund or the Healthcare
11Provider Relief Fund in the State Treasury, as appropriate,
12within 30 days of the first day of each calendar quarter. The
13Director of Healthcare and Family Services may certify and the
14State Comptroller shall transfer to the Drug Rebate Fund
15amounts on a more frequent basis.
16    On July 1, 1999, the State Comptroller shall transfer the
17sum of $5,000,000 from the Public Aid Recoveries Trust Fund
18(formerly the Public Assistance Recoveries Trust Fund) into the
19DHS Recoveries Trust Fund.
20(Source: P.A. 95-331, eff. 8-21-07; 96-1100, eff. 1-1-11.)
 
21    Section 99. Effective date. This Act takes effect January
221, 2012.".