HB6805 93RD GENERAL ASSEMBLY

LRB093 19500 DRJ 45240 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6805

Introduced 02/09/04, by William B. Black

SYNOPSIS AS INTRODUCED:

305 ILCS 5/8A-8

from Ch. 23, par. 8A-8

Amends the Illinois Public Aid Code. Provides that a person who has been convicted of a felony is barred from participating as a vendor of goods or services in the Medicaid program. Provides that such a person may apply to the Department of Public Aid for reinstatement as a vendor after the passage of 10 years following the conviction. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by changing Section 8A-8 as follows:

(305 ILCS 5/8A-8) (from Ch. 23, par. 8A-8)

Sec. 8A-8. Future Participation in the Public Assistance Program.

(a) Any person applying for public assistance under this Code who has been found guilty of a violation of this Article or of any law of the United States or of any state which is substantially similar to Sections 8A-2 through 8A-5 for violations related to public assistance or medical assistance programs of the kind provided under this Code and who has not been previously convicted for a violation of this Article or of any law of the United States or of any state which is substantially similar to Sections 8A-2 through 8A-5 for violations related to public assistance or medical assistance programs of the kind provided under this Code shall have applications for public assistance under this Code reviewed by an administrative review board to determine the person's eligibility and the need for administrative safeguards to prevent any such further violations. The administrative review board shall be composed of not less than two persons who are selected in accordance with regulations of the Illinois Department or the local governmental unit. Hearings conducted by the board shall:

(1) be of an informal nature, permitting the applicant to attend at his option;

(2) be open to the public, unless the applicant and the administrative review board determine otherwise;

(3) be subject to reasonable time and notification requirements as determined by regulations of the Illinois Department or local governmental units; and

(4) be held at a location convenient to the applicant.

At the hearing, the administrative review board may deny the application based on an investigation of the person's eligibility, or the board may appoint a substitute payee, require more frequent visits or consultations, more frequent financial reports or require any other action to the extent permitted by State and federal law and regulations. A decision by the administrative review board to deny a person's application shall only be based on the person's failure to qualify under the eligibility criteria applicable to all applicants for the public assistance program in question. Any decision by the administrative review board may be appealed pursuant to the provisions of this Code. In no instance shall the administrative review board delay the hearing or its decision beyond the time allowed under State or federal law and regulations for determining an applicant's eligibility for public assistance.

If the person has been determined eligible, the Illinois Department or the local governmental unit may recoup prior payments obtained in violation of this Article from the current cash assistance grants, unless such payments have previously been repaid. The Illinois Department or the local governmental unit, on a case by case basis, shall limit the amount deducted from the current cash assistance grant so as not to cause undue hardship to the person.

(b) To the extent permitted under federal law, any person found guilty of a first violation of this Article or of any law of the United States or of any state which is substantially similar to Sections 8A-2 through 8A-5 for violations related to public assistance or medical assistance programs of the kind provided under this Code may be suspended from eligibility for public aid under this Code. Any person found guilty of a second or subsequent violation of this Article or of any law of the United States or of any state which is substantially similar to Sections 8A-2 through 8A-5 for violations related to public assistance or medical assistance programs of the kind provided under this Code shall be ineligible for public aid under this Code.

(c) In no instance shall this Section adversely affect the eligibility of children who are in need of public aid under this Code, or the amount of the grant received by such children. If a child's caretaker relative is adversely affected by this Section, a substitute payee may be appointed until the Illinois Department can determine, by rule, that the caretaker relative can manage the public aid in the best interest of the child.

(d) Any person, firm, corporation, association, agency, institution or other legal entity that has been convicted of a violation of this Article shall be prohibited from participating as a vendor of goods or services to recipients of public aid under this Code. Such prohibition shall extend to any person with management responsibility in a firm, corporation, association, agency, institution, or other legal entity that has been convicted of any such violation and to an officer or person owning, either directly or indirectly, 5% or more of the shares of stock or other evidences of ownership in a corporation.

(d-5) A person who has been convicted of a felony under the Criminal Code of 1961 or a similar law of another state is barred from participating as a vendor of goods or services in the medical assistance program under Article V of this Code.

After the passage of 10 years following the conviction, a person who has been barred from participation in the medical assistance program under this subsection may apply to the Department of Public Aid for reinstatement as a vendor of goods or services in that program. The person must apply for reinstatement in the form and manner prescribed by the Department. An administrative review board appointed by the Director of Public Aid shall conduct a hearing to review the application to determine the person's eligibility and the need for administrative safeguards to prevent a reoccurrence of the conduct that led to the person's conviction. The administrative review board shall be composed at least 2 persons who are selected in accordance with rules adopted by the Department. The administrative review board must give the applicant prior written notice of the time and place of the hearing and must give the applicant an opportunity to present evidence at the hearing. The hearing must:

(1) be of an informal nature, permitting the applicant to attend at his or her option;

(2) be open to the public, unless the applicant and the administrative review board determine otherwise;

(3) be subject to reasonable time and notification requirements as determined by rules adopted by the Department; and

(4) be held at a location convenient to the applicant.

Following the hearing, the administrative review board shall issue a decision on the application for reinstatement based on the evidence introduced at the hearing. The administrative review board's decision is a final administrative decision for purposes of the Administrative Review Law.

(e) Any employee of the Illinois Department, county department or local governmental unit who has been found guilty of a violation of this Article shall be terminated from employment.

(Source: P.A. 89-489, eff. 1-1-97; 90-725, eff. 8-7-98.)

Section 99. Effective date. This Act takes effect upon becoming law.