Illinois General Assembly - Full Text of HB2709
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Full Text of HB2709  101st General Assembly

HB2709 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2709

 

Introduced , 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, 2013 and December 31, 2017; (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 January 1, 2019. 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 10072 LNS 55175 b

 

 

A BILL FOR

 

HB2709LRB101 10072 LNS 55175 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 of
11the State of Illinois or upon any regulation adopted thereunder
12by an executive or administrative officer or agency; provided,
13however, the court shall not have jurisdiction (i) to hear or
14determine claims arising under the Workers' Compensation Act or
15the Workers' Occupational Diseases Act, or claims for expenses
16in civil litigation, or (ii) to review administrative decisions
17for which a statute provides that review shall be in the
18circuit or appellate court.
19    (b) All claims against the State founded upon any contract
20entered into with the State of Illinois.
21    (c) All claims against the State for time unjustly served
22in prisons of this State when the person imprisoned received a
23pardon from the governor stating that such pardon is issued on

 

 

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

 

 

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

 

 

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

 

 

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1    (h) All claims pursuant to the Illinois National
2Guardsman's Compensation Act. A claim under that Act must be
3heard and determined within one year after the application for
4that claim is filed with the Court as provided in that Act.
5    (i) All claims authorized by subsection (a) of Section
610-55 of the Illinois Administrative Procedure Act for the
7expenses incurred by a party in a contested case on the
8administrative level.
9    (j) All quantum meruit claims by medical vendors for
10medical services rendered by the claimant pursuant to Section
115-5.01a of the Illinois Public Aid Code to a person eligible
12for medical assistance under programs administered by the
13Department of Healthcare and Family Services if:
14        (1) the services or goods were provided between January
15    1, 2013 and December 31, 2017;
16        (2) at the time the services or goods were provided,
17    the vendor was certified by Medicaid to provide medical
18    services to a person eligible for medical assistance under
19    programs administered by the Department of Healthcare and
20    Family Services;
21        (3) the State accepted the services or goods provided;
22        (4) the State has been unjustly enriched or benefited
23    from the services or goods; and
24        (5) the claim was filed with the Court of Claims before
25    January 1, 2019.
26    The existence of a vendor agreement between a vendor and

 

 

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1the State shall not be a bar, defense, or otherwise defeat a
2quantum meruit claim under this subsection. The amount due to a
3vendor under this subsection shall not exceed the Medicaid fee
4for service rates that would have otherwise been paid to the
5vendor for a valid claim at the time the services were
6rendered.
7(Source: P.A. 100-1124, eff. 11-27-18.)
 
8    (705 ILCS 505/22)  (from Ch. 37, par. 439.22)
9    Sec. 22. Every claim cognizable by the Court and not
10otherwise sooner barred by law shall be forever barred from
11prosecution therein unless it is filed with the Clerk of the
12Court within the time set forth as follows:
13        (a) All claims arising out of a contract must be filed
14    within 5 years after it first accrues, saving to minors,
15    and persons under legal disability at the time the claim
16    accrues, in which cases the claim must be filed within 5
17    years from the time the disability ceases.
18        (b) All claims cognizable against the State by vendors
19    of goods or services under "The Illinois Public Aid Code",
20    approved April 11, 1967, as amended, must file within one
21    year after the accrual of the cause of action, as provided
22    in Section 11-13 of that Code. This restriction shall not
23    apply to claims made pursuant to subsection (j) of Section
24    8.
25        (c) All claims arising under paragraph (c) of Section 8

 

 

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1    of this Act must be automatically heard by the court within
2    120 days after the person asserting such claim is either
3    issued a certificate of innocence from the Circuit Court as
4    provided in Section 2-702 of the Code of Civil Procedure,
5    or is granted a pardon by the Governor, whichever occurs
6    later, without the person asserting the claim being
7    required to file a petition under Section 11 of this Act,
8    except as otherwise provided by the Crime Victims
9    Compensation Act. Any claims filed by the claimant under
10    paragraph (c) of Section 8 of this Act must be filed within
11    2 years after the person asserting such claim is either
12    issued a certificate of innocence as provided in Section
13    2-702 of the Code of Civil Procedure, or is granted a
14    pardon by the Governor, whichever occurs later.
15        (d) All claims arising under paragraph (f) of Section 8
16    of this Act must be filed within the time set forth in
17    Section 3 of the Line of Duty Compensation Act.
18        (e) All claims arising under paragraph (h) of Section 8
19    of this Act must be filed within one year of the date of
20    the death of the guardsman or militiaman as provided in
21    Section 3 of the "Illinois National Guardsman's and Naval
22    Militiaman's Compensation Act", approved August 12, 1971,
23    as amended.
24        (f) All claims arising under paragraph (g) of Section 8
25    of this Act must be filed within one year of the crime on
26    which a claim is based as provided in Section 6.1 of the

 

 

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1    "Crime Victims Compensation Act", approved August 23,
2    1973, as amended.
3        (g) All claims arising from the Comptroller's refusal
4    to issue a replacement warrant pursuant to Section 10.10 of
5    the State Comptroller Act must be filed within 5 years
6    after the date of the Comptroller's refusal.
7        (h) All other claims must be filed within 2 years after
8    it first accrues, saving to minors, and persons under legal
9    disability at the time the claim accrues, in which case the
10    claim must be filed within 2 years from the time the
11    disability ceases.
12        (i) The changes made by Public Act 86-458 apply to all
13    warrants issued within the 5 year period preceding August
14    31, 1989 (the effective date of Public Act 86-458). The
15    changes made to this Section by this amendatory Act of the
16    100th General Assembly apply to claims pending on the
17    effective date of this amendatory Act of the 100th General
18    Assembly and to claims filed thereafter.
19        (j) All time limitations established under this Act and
20    the rules promulgated under this Act shall be binding and
21    jurisdictional, except upon extension authorized by law or
22    rule and granted pursuant to a motion timely filed.
23(Source: P.A. 100-1124, eff. 11-27-18.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.