Illinois General Assembly - Full Text of SB0213
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Full Text of SB0213  102nd General Assembly

SB0213 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0213

 

Introduced 2/17/2021, by Sen. Ram Villivalam

 

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, 2020; (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, 2021. 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.


LRB102 05089 LNS 15109 b

 

 

A BILL FOR

 

SB0213LRB102 05089 LNS 15109 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

 

 

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

 

 

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

 

 

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

 

 

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1    Illinois against any claimant.
2        (f) All claims pursuant to the Line of Duty
3    Compensation Act. A claim under that Act must be heard and
4    determined within one year after the application for that
5    claim is filed with the Court as provided in that Act.
6        (g) All claims filed pursuant to the Crime Victims
7    Compensation Act.
8        (h) All claims pursuant to the Illinois National
9    Guardsman's Compensation Act. A claim under that Act must
10    be heard and determined within one year after the
11    application for that claim is filed with the Court as
12    provided in that Act.
13        (i) All claims authorized by subsection (a) of Section
14    10-55 of the Illinois Administrative Procedure Act for the
15    expenses incurred by a party in a contested case on the
16    administrative level.
17    (j) All quantum meruit claims by medical vendors for
18medical services rendered by the claimant pursuant to Section
195-5.01a of the Illinois Public Aid Code to a person eligible
20for medical assistance under programs administered by the
21Department of Healthcare and Family Services if:
22        (1) the services or goods were provided between
23    January 1, 2015 and June 30, 2020;
24        (2) at the time the services or goods were provided,
25    the vendor was certified by Medicaid to provide medical
26    services to a person eligible for medical assistance under

 

 

SB0213- 6 -LRB102 05089 LNS 15109 b

1    programs administered by the Department of Healthcare and
2    Family Services and the Department of Human Services;
3        (3) the State accepted the services or goods provided;
4        (4) the State has been unjustly enriched or benefited
5    from the services or goods; and
6        (5) the claim was filed with the Court of Claims
7    before March 31, 2021.
8    The existence of a vendor agreement between a vendor and
9the State shall not be a bar, defense, or otherwise defeat a
10quantum meruit claim under this subsection. The amount due to
11a vendor under this subsection shall not exceed the Medicaid
12fee for service rates that would have otherwise been paid to
13the vendor for a valid claim at the time the services were
14rendered.
15(Source: P.A. 100-1124, eff. 11-27-18.)
 
16    (705 ILCS 505/22)  (from Ch. 37, par. 439.22)
17    Sec. 22. Every claim cognizable by the court Court and not
18otherwise sooner barred by law shall be forever barred from
19prosecution therein unless it is filed with the clerk of the
20court Clerk of the Court within the time set forth as follows:
21        (a) All claims arising out of a contract must be filed
22    within 5 years after it first accrues, saving to minors,
23    and persons under legal disability at the time the claim
24    accrues, in which cases the claim must be filed within 5
25    years from the time the disability ceases.

 

 

SB0213- 7 -LRB102 05089 LNS 15109 b

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

 

 

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

 

 

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1    Public Act 100-1124) this amendatory Act of the 100th
2    General Assembly and to claims filed thereafter.
3        (j) All time limitations established under this Act
4    and the rules promulgated under this Act shall be binding
5    and jurisdictional, except upon extension authorized by
6    law or rule and granted pursuant to a motion timely filed.
7(Source: P.A. 100-1124, eff. 11-27-18; revised 7-16-19.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.