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Full Text of SB2789  99th General Assembly

SB2789 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2789

 

Introduced 2/17/2016, by Sen. Christine Radogno

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 100/5-45  from Ch. 127, par. 1005-45
305 ILCS 5/5A-10  from Ch. 23, par. 5A-10
30 ILCS 805/8.40 new

    Creates the Unbalanced Budget Response Act. Provides authority and procedures for the Governor to establish contingency reserves of previously appropriated funds, and to transfer balances between special funds in the State treasury and the General Revenue Fund. Describes the agencies and programs subject to this authority. Provides that designated agencies may adopt emergency rules to carry out the purposes of the Act. Defines terms. Provides that the Act is repealed on July 1, 2017. Amends the Illinois Administrative Procedure Act to make conforming changes. Amends the Illinois Public Aid Code. Adds actions taken under the Unbalanced Budget Response Act to a Section relating to applicability. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.


LRB099 20686 JWD 45311 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB2789LRB099 20686 JWD 45311 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Unbalanced Budget Response Act.
 
6    Section 5. Legislative intent. The State is currently
7confronted with an unprecedented fiscal crisis. Although the
8Constitution of the State of Illinois requires that spending
9not exceed available revenues, the State is currently spending
10in excess of estimated revenues during fiscal year 2016, which
11is significantly increasing the backlog of unpaid bills.
12Without substantial corrective action taken by the General
13Assembly, the fiscal year 2017 budget will also be unbalanced.
14This Act is to be liberally construed and interpreted in a
15manner that allows the State to address the fiscal crisis for
16fiscal years 2016 and 2017.
 
17    Section 10. Definitions. As used in this Act, "agency"
18includes all officers, boards, commissions, departments, and
19agencies of the executive branch of the State government
20created by the Constitution, statute, or Executive Order,
21including, but not limited to, public institutions of higher
22education (as defined in the Board of Higher Education Act).
 

 

 

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1    Section 15. Designation of contingency reserves. For the
2purposes of balancing the State's budget, the Governor may
3designate, by written notice to the Comptroller, a contingency
4reserve from the amounts appropriated from funds held by the
5Treasurer for the State's fiscal years 2016 and 2017 to any
6agency, including without limitation amounts appropriated
7pursuant to a statutory continuing appropriation; provided,
8however, that the Governor may not designate amounts to be set
9aside as a contingency reserve from amounts that have been
10appropriated for (i) payment of debt service, (ii) to the State
11Board of Education for general State aid to the common schools
12pursuant to Section 18-8.05 of the School Code, or (iii) to the
13State Board of Education for grants or aid for early childhood
14education.
 
15    Section 20. Fund transfers. Notwithstanding any other
16provision of law, for the State's fiscal years 2016 and 2017:
17    (a) at the direction of and upon notification from the
18Governor, the Comptroller shall direct and the Treasurer shall
19transfer an amount specified by the Governor from any fund held
20by the Treasurer to any general fund held by the Treasurer;
21provided, however, that no transfer may be made out of: (i) any
22federal trust fund; (ii) any amount set aside for payment of
23debt service; (iii) amounts held in investments or cash by the
24State retirement systems governed by Articles 2, 14, 15, 16, or

 

 

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118 of the Illinois Pension Code; or (iv) the Road Fund; and
2    (b) the Governor, by written notice to the Comptroller, may
3modify statutory transfers out of any fund held by the
4Treasurer, and the Comptroller and the Treasurer shall give
5effect to any such modification; provided, however, that no
6modification may be made to statutory transfers out of a
7general fund (i) for payment of debt service, or (ii) to the
8Road Fund.
9    No transfer made pursuant to this Section may reduce the
10cumulative balance of all of the funds held by the Treasurer to
11an amount less than the total debt service payable during the
1212 months immediately following the date of the transfer on any
13bonded indebtedness of the State and any certificates issued
14under the Short Term Borrowing Act. If the Director of the
15Governor's Office of Management and Budget determines that any
16transfer to the general funds from any of the funds from which
17moneys have been transferred under this Section either (i)
18jeopardizes federal funding based on a written communication
19from a federal official or (ii) violates an order of a court of
20competent jurisdiction, then the Director may order the
21Treasurer and Comptroller, in writing, to transfer from the
22General Revenue Fund to that fund all or part of the amounts
23transferred from that fund under this Section.
 
24    Section 25. Payment rate modifications. Notwithstanding
25any other provision of law, for the State's fiscal years 2016

 

 

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1and 2017, the Governor may modify any rate for payments made by
2an agency to providers of services.
 
3    Section 30. Limitations; notice.
4    (a) The sum of contingency reserves designated pursuant to
5Section 15, transfers made pursuant to subsection (a) of
6Section 20, modifications to transfers pursuant to subsection
7(b) of Section 20, savings to be realized by the State due to
8payment rate modifications pursuant to Section 25, and the
9value of payments delayed pursuant to Section 35 shall not
10exceed for each fiscal year the amount by which total State
11spending for that fiscal year is estimated to exceed available
12revenues for that fiscal year, as determined by the Governor's
13Office of Management and Budget.
14    (b) The Governor shall provide notice of each contingency
15reserve designated pursuant to Section 15, transfer made
16pursuant to subsection (a) of Section 20, modification to
17transfers pursuant to subsection (b) of Section 20, payment
18rate modification pursuant to Section 25, and direction to
19delay payments pursuant to Section 35 within 10 business days
20after the action is taken to the Clerk of the House of
21Representatives, the Secretary of the Senate, the Commission on
22Government Forecasting and Accountability, the Comptroller,
23and the Treasurer. A copy of such notices, or a cumulative
24summary of the actions taken, shall be posted on a public
25website maintained by the Governor's Office of Management and

 

 

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1Budget.
 
2    Section 35. Delay in payments under continuing
3appropriations. Notwithstanding any other law, payments under
4any statutory continuing appropriation for the State's fiscal
5years 2016 and 2017 may be delayed upon written direction of
6the Governor to the Comptroller, provided however that the
7Governor may not direct any delay in the payment of debt
8service. Notwithstanding any provision of the State Finance Act
9or other law to the contrary, any payment delayed under this
10Section may be paid out of the next fiscal year's
11appropriation.
 
12    Section 40. Emergency rules. Notwithstanding any other
13provision of law, the Department on Aging, the Department of
14Children and Family Services, the Department of Healthcare and
15Family Services, the Department of Human Services, and the
16Department of Public Health may each adopt emergency rules
17pursuant to subsection (v) of Section 5-45 of the Illinois
18Administrative Procedure Act to limit, reduce, or adjust
19services, payment rates, expenditures, transfers of funds, and
20eligibility criteria, to the extent permitted by federal law,
21as necessary to implement (i) the State's fiscal years 2016 and
222017 budgets, (ii) any contingency reserves designated by the
23Governor pursuant to Section 15, (iii) any transfer of balances
24or modification of statutory transfers pursuant to Section 20

 

 

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1affecting State funds designated for use by the agency, or (iv)
2modifications made by the Governor pursuant to Section 25. The
3effectiveness of any such emergency rule, and any such
4adjustment, reduction, or limitation made pursuant thereto,
5shall expire on July 1, 2017. Nothing in this Section shall
6require rulemaking if the limitation, reduction, or adjustment
7would otherwise be within the authority of the agency without
8rulemaking.
 
9    Section 45. Repeal. This Act is repealed on July 1, 2017.
 
10    Section 105. The Illinois Administrative Procedure Act is
11amended by changing Section 5-45 as follows:
 
12    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
13    Sec. 5-45. Emergency rulemaking.
14    (a) "Emergency" means the existence of any situation that
15any agency finds reasonably constitutes a threat to the public
16interest, safety, or welfare.
17    (b) If any agency finds that an emergency exists that
18requires adoption of a rule upon fewer days than is required by
19Section 5-40 and states in writing its reasons for that
20finding, the agency may adopt an emergency rule without prior
21notice or hearing upon filing a notice of emergency rulemaking
22with the Secretary of State under Section 5-70. The notice
23shall include the text of the emergency rule and shall be

 

 

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1published in the Illinois Register. Consent orders or other
2court orders adopting settlements negotiated by an agency may
3be adopted under this Section. Subject to applicable
4constitutional or statutory provisions, an emergency rule
5becomes effective immediately upon filing under Section 5-65 or
6at a stated date less than 10 days thereafter. The agency's
7finding and a statement of the specific reasons for the finding
8shall be filed with the rule. The agency shall take reasonable
9and appropriate measures to make emergency rules known to the
10persons who may be affected by them.
11    (c) An emergency rule may be effective for a period of not
12longer than 150 days, but the agency's authority to adopt an
13identical rule under Section 5-40 is not precluded. No
14emergency rule may be adopted more than once in any 24 month
15period, except that this limitation on the number of emergency
16rules that may be adopted in a 24 month period does not apply
17to (i) emergency rules that make additions to and deletions
18from the Drug Manual under Section 5-5.16 of the Illinois
19Public Aid Code or the generic drug formulary under Section
203.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
21emergency rules adopted by the Pollution Control Board before
22July 1, 1997 to implement portions of the Livestock Management
23Facilities Act, (iii) emergency rules adopted by the Illinois
24Department of Public Health under subsections (a) through (i)
25of Section 2 of the Department of Public Health Act when
26necessary to protect the public's health, (iv) emergency rules

 

 

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1adopted pursuant to subsection (n) of this Section, (v)
2emergency rules adopted pursuant to subsection (o) of this
3Section, or (vi) emergency rules adopted pursuant to subsection
4(c-5) of this Section, or (vii) emergency rules adopted
5pursuant to subsection (v) of this Section. Two or more
6emergency rules having substantially the same purpose and
7effect shall be deemed to be a single rule for purposes of this
8Section.
9    (c-5) To facilitate the maintenance of the program of group
10health benefits provided to annuitants, survivors, and retired
11employees under the State Employees Group Insurance Act of
121971, rules to alter the contributions to be paid by the State,
13annuitants, survivors, retired employees, or any combination
14of those entities, for that program of group health benefits,
15shall be adopted as emergency rules. The adoption of those
16rules shall be considered an emergency and necessary for the
17public interest, safety, and welfare.
18    (d) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 1999 budget,
20emergency rules to implement any provision of Public Act 90-587
21or 90-588 or any other budget initiative for fiscal year 1999
22may be adopted in accordance with this Section by the agency
23charged with administering that provision or initiative,
24except that the 24-month limitation on the adoption of
25emergency rules and the provisions of Sections 5-115 and 5-125
26do not apply to rules adopted under this subsection (d). The

 

 

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1adoption of emergency rules authorized by this subsection (d)
2shall be deemed to be necessary for the public interest,
3safety, and welfare.
4    (e) In order to provide for the expeditious and timely
5implementation of the State's fiscal year 2000 budget,
6emergency rules to implement any provision of Public Act 91-24
7this amendatory Act of the 91st General Assembly or any other
8budget initiative for fiscal year 2000 may be adopted in
9accordance with this Section by the agency charged with
10administering that provision or initiative, except that the
1124-month limitation on the adoption of emergency rules and the
12provisions of Sections 5-115 and 5-125 do not apply to rules
13adopted under this subsection (e). The adoption of emergency
14rules authorized by this subsection (e) shall be deemed to be
15necessary for the public interest, safety, and welfare.
16    (f) In order to provide for the expeditious and timely
17implementation of the State's fiscal year 2001 budget,
18emergency rules to implement any provision of Public Act 91-712
19this amendatory Act of the 91st General Assembly or any other
20budget initiative for fiscal year 2001 may be adopted in
21accordance with this Section by the agency charged with
22administering that provision or initiative, except that the
2324-month limitation on the adoption of emergency rules and the
24provisions of Sections 5-115 and 5-125 do not apply to rules
25adopted under this subsection (f). The adoption of emergency
26rules authorized by this subsection (f) shall be deemed to be

 

 

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1necessary for the public interest, safety, and welfare.
2    (g) In order to provide for the expeditious and timely
3implementation of the State's fiscal year 2002 budget,
4emergency rules to implement any provision of Public Act 92-10
5this amendatory Act of the 92nd General Assembly or any other
6budget initiative for fiscal year 2002 may be adopted in
7accordance with this Section by the agency charged with
8administering that provision or initiative, except that the
924-month limitation on the adoption of emergency rules and the
10provisions of Sections 5-115 and 5-125 do not apply to rules
11adopted under this subsection (g). The adoption of emergency
12rules authorized by this subsection (g) shall be deemed to be
13necessary for the public interest, safety, and welfare.
14    (h) In order to provide for the expeditious and timely
15implementation of the State's fiscal year 2003 budget,
16emergency rules to implement any provision of Public Act 92-597
17this amendatory Act of the 92nd General Assembly or any other
18budget initiative for fiscal year 2003 may be adopted in
19accordance with this Section by the agency charged with
20administering that provision or initiative, except that the
2124-month limitation on the adoption of emergency rules and the
22provisions of Sections 5-115 and 5-125 do not apply to rules
23adopted under this subsection (h). The adoption of emergency
24rules authorized by this subsection (h) shall be deemed to be
25necessary for the public interest, safety, and welfare.
26    (i) In order to provide for the expeditious and timely

 

 

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1implementation of the State's fiscal year 2004 budget,
2emergency rules to implement any provision of Public Act 93-20
3this amendatory Act of the 93rd General Assembly or any other
4budget initiative for fiscal year 2004 may be adopted in
5accordance with this Section by the agency charged with
6administering that provision or initiative, except that the
724-month limitation on the adoption of emergency rules and the
8provisions of Sections 5-115 and 5-125 do not apply to rules
9adopted under this subsection (i). The adoption of emergency
10rules authorized by this subsection (i) shall be deemed to be
11necessary for the public interest, safety, and welfare.
12    (j) In order to provide for the expeditious and timely
13implementation of the provisions of the State's fiscal year
142005 budget as provided under the Fiscal Year 2005 Budget
15Implementation (Human Services) Act, emergency rules to
16implement any provision of the Fiscal Year 2005 Budget
17Implementation (Human Services) Act may be adopted in
18accordance with this Section by the agency charged with
19administering that provision, except that the 24-month
20limitation on the adoption of emergency rules and the
21provisions of Sections 5-115 and 5-125 do not apply to rules
22adopted under this subsection (j). The Department of Public Aid
23may also adopt rules under this subsection (j) necessary to
24administer the Illinois Public Aid Code and the Children's
25Health Insurance Program Act. The adoption of emergency rules
26authorized by this subsection (j) shall be deemed to be

 

 

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1necessary for the public interest, safety, and welfare.
2    (k) In order to provide for the expeditious and timely
3implementation of the provisions of the State's fiscal year
42006 budget, emergency rules to implement any provision of
5Public Act 94-48 this amendatory Act of the 94th General
6Assembly or any other budget initiative for fiscal year 2006
7may be adopted in accordance with this Section by the agency
8charged with administering that provision or initiative,
9except that the 24-month limitation on the adoption of
10emergency rules and the provisions of Sections 5-115 and 5-125
11do not apply to rules adopted under this subsection (k). The
12Department of Healthcare and Family Services may also adopt
13rules under this subsection (k) necessary to administer the
14Illinois Public Aid Code, the Senior Citizens and Persons with
15Disabilities Property Tax Relief Act, the Senior Citizens and
16Disabled Persons Prescription Drug Discount Program Act (now
17the Illinois Prescription Drug Discount Program Act), and the
18Children's Health Insurance Program Act. The adoption of
19emergency rules authorized by this subsection (k) shall be
20deemed to be necessary for the public interest, safety, and
21welfare.
22    (l) In order to provide for the expeditious and timely
23implementation of the provisions of the State's fiscal year
242007 budget, the Department of Healthcare and Family Services
25may adopt emergency rules during fiscal year 2007, including
26rules effective July 1, 2007, in accordance with this

 

 

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1subsection to the extent necessary to administer the
2Department's responsibilities with respect to amendments to
3the State plans and Illinois waivers approved by the federal
4Centers for Medicare and Medicaid Services necessitated by the
5requirements of Title XIX and Title XXI of the federal Social
6Security Act. The adoption of emergency rules authorized by
7this subsection (l) shall be deemed to be necessary for the
8public interest, safety, and welfare.
9    (m) In order to provide for the expeditious and timely
10implementation of the provisions of the State's fiscal year
112008 budget, the Department of Healthcare and Family Services
12may adopt emergency rules during fiscal year 2008, including
13rules effective July 1, 2008, in accordance with this
14subsection to the extent necessary to administer the
15Department's responsibilities with respect to amendments to
16the State plans and Illinois waivers approved by the federal
17Centers for Medicare and Medicaid Services necessitated by the
18requirements of Title XIX and Title XXI of the federal Social
19Security Act. The adoption of emergency rules authorized by
20this subsection (m) shall be deemed to be necessary for the
21public interest, safety, and welfare.
22    (n) In order to provide for the expeditious and timely
23implementation of the provisions of the State's fiscal year
242010 budget, emergency rules to implement any provision of
25Public Act 96-45 this amendatory Act of the 96th General
26Assembly or any other budget initiative authorized by the 96th

 

 

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1General Assembly for fiscal year 2010 may be adopted in
2accordance with this Section by the agency charged with
3administering that provision or initiative. The adoption of
4emergency rules authorized by this subsection (n) shall be
5deemed to be necessary for the public interest, safety, and
6welfare. The rulemaking authority granted in this subsection
7(n) shall apply only to rules promulgated during Fiscal Year
82010.
9    (o) In order to provide for the expeditious and timely
10implementation of the provisions of the State's fiscal year
112011 budget, emergency rules to implement any provision of
12Public Act 96-958 this amendatory Act of the 96th General
13Assembly or any other budget initiative authorized by the 96th
14General Assembly for fiscal year 2011 may be adopted in
15accordance with this Section by the agency charged with
16administering that provision or initiative. The adoption of
17emergency rules authorized by this subsection (o) is deemed to
18be necessary for the public interest, safety, and welfare. The
19rulemaking authority granted in this subsection (o) applies
20only to rules promulgated on or after the effective date of
21Public Act 96-958 this amendatory Act of the 96th General
22Assembly through June 30, 2011.
23    (p) In order to provide for the expeditious and timely
24implementation of the provisions of Public Act 97-689,
25emergency rules to implement any provision of Public Act 97-689
26may be adopted in accordance with this subsection (p) by the

 

 

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1agency charged with administering that provision or
2initiative. The 150-day limitation of the effective period of
3emergency rules does not apply to rules adopted under this
4subsection (p), and the effective period may continue through
5June 30, 2013. The 24-month limitation on the adoption of
6emergency rules does not apply to rules adopted under this
7subsection (p). The adoption of emergency rules authorized by
8this subsection (p) is deemed to be necessary for the public
9interest, safety, and welfare.
10    (q) In order to provide for the expeditious and timely
11implementation of the provisions of Articles 7, 8, 9, 11, and
1212 of Public Act 98-104 this amendatory Act of the 98th General
13Assembly, emergency rules to implement any provision of
14Articles 7, 8, 9, 11, and 12 of Public Act 98-104 this
15amendatory Act of the 98th General Assembly may be adopted in
16accordance with this subsection (q) by the agency charged with
17administering that provision or initiative. The 24-month
18limitation on the adoption of emergency rules does not apply to
19rules adopted under this subsection (q). The adoption of
20emergency rules authorized by this subsection (q) is deemed to
21be necessary for the public interest, safety, and welfare.
22    (r) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 98-651 this
24amendatory Act of the 98th General Assembly, emergency rules to
25implement Public Act 98-651 this amendatory Act of the 98th
26General Assembly may be adopted in accordance with this

 

 

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1subsection (r) by the Department of Healthcare and Family
2Services. The 24-month limitation on the adoption of emergency
3rules does not apply to rules adopted under this subsection
4(r). The adoption of emergency rules authorized by this
5subsection (r) is deemed to be necessary for the public
6interest, safety, and welfare.
7    (s) In order to provide for the expeditious and timely
8implementation of the provisions of Sections 5-5b.1 and 5A-2 of
9the Illinois Public Aid Code, emergency rules to implement any
10provision of Section 5-5b.1 or Section 5A-2 of the Illinois
11Public Aid Code may be adopted in accordance with this
12subsection (s) by the Department of Healthcare and Family
13Services. The rulemaking authority granted in this subsection
14(s) shall apply only to those rules adopted prior to July 1,
152015. Notwithstanding any other provision of this Section, any
16emergency rule adopted under this subsection (s) shall only
17apply to payments made for State fiscal year 2015. The adoption
18of emergency rules authorized by this subsection (s) is deemed
19to be necessary for the public interest, safety, and welfare.
20    (t) In order to provide for the expeditious and timely
21implementation of the provisions of Article II of Public Act
2299-6 this amendatory Act of the 99th General Assembly,
23emergency rules to implement the changes made by Article II of
24Public Act 99-6 this amendatory Act of the 99th General
25Assembly to the Emergency Telephone System Act may be adopted
26in accordance with this subsection (t) by the Department of

 

 

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1State Police. The rulemaking authority granted in this
2subsection (t) shall apply only to those rules adopted prior to
3July 1, 2016. The 24-month limitation on the adoption of
4emergency rules does not apply to rules adopted under this
5subsection (t). The adoption of emergency rules authorized by
6this subsection (t) is deemed to be necessary for the public
7interest, safety, and welfare.
8    (u) (t) In order to provide for the expeditious and timely
9implementation of the provisions of the Burn Victims Relief
10Act, emergency rules to implement any provision of the Act may
11be adopted in accordance with this subsection (u) (t) by the
12Department of Insurance. The rulemaking authority granted in
13this subsection (u) (t) shall apply only to those rules adopted
14prior to December 31, 2015. The adoption of emergency rules
15authorized by this subsection (u) (t) is deemed to be necessary
16for the public interest, safety, and welfare.
17    (v) In order to provide for the expeditious and timely
18implementation of the provisions of the State's budget for
19fiscal years 2016 and 2017, emergency rules to implement any
20provision of this amendatory Act of the 99th General Assembly
21may be adopted in accordance with this Section by each agency
22identified in Section 40 of the Unbalanced Budget Response Act.
23The adoption of emergency rules authorized by this subsection
24(v) shall be deemed to be necessary for the public interest,
25safety, and welfare. The rulemaking authority granted in this
26subsection (v) shall apply only to rules adopted prior to July

 

 

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11, 2017. Notwithstanding any other provision of this Section,
2any emergency rule adopted pursuant to this subsection (v)
3shall expire on July 1, 2017.
4(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
598-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
699-143, eff. 7-27-15; 99-455, eff. 1-1-16; revised 10-15-15.)
 
7    Section 110. The Illinois Public Aid Code is amended by
8changing Section 5A-10 as follows:
 
9    (305 ILCS 5/5A-10)  (from Ch. 23, par. 5A-10)
10    Sec. 5A-10. Applicability.
11    (a) The assessment imposed by subsection (a) of Section
125A-2 shall cease to be imposed and the Department's obligation
13to make payments shall immediately cease, and any moneys
14remaining in the Fund shall be refunded to hospital providers
15in proportion to the amounts paid by them, if:
16        (1) The payments to hospitals required under this
17    Article are not eligible for federal matching funds under
18    Title XIX or XXI of the Social Security Act;
19        (2) For State fiscal years 2009 through 2018, the
20    Department of Healthcare and Family Services adopts any
21    administrative rule change to reduce payment rates or
22    alters any payment methodology that reduces any payment
23    rates made to operating hospitals under the approved Title
24    XIX or Title XXI State plan in effect January 1, 2008

 

 

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1    except for:
2            (A) any changes for hospitals described in
3        subsection (b) of Section 5A-3;
4            (B) any rates for payments made under this Article
5        V-A;
6            (C) any changes proposed in State plan amendment
7        transmittal numbers 08-01, 08-02, 08-04, 08-06, and
8        08-07;
9            (D) in relation to any admissions on or after
10        January 1, 2011, a modification in the methodology for
11        calculating outlier payments to hospitals for
12        exceptionally costly stays, for hospitals reimbursed
13        under the diagnosis-related grouping methodology in
14        effect on July 1, 2011; provided that the Department
15        shall be limited to one such modification during the
16        36-month period after the effective date of this
17        amendatory Act of the 96th General Assembly;
18            (E) any changes affecting hospitals authorized by
19        Public Act 97-689;
20            (F) any changes authorized by Section 14-12 of this
21        Code, or for any changes authorized under Section 5A-15
22        of this Code; or
23            (G) any changes authorized under Section 5-5b.1;
24        or .
25            (H) any changes authorized under the Unbalanced
26        Budget Response Act.

 

 

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1    (b) The assessment imposed by Section 5A-2 shall not take
2effect or shall cease to be imposed, and the Department's
3obligation to make payments shall immediately cease, if the
4assessment is determined to be an impermissible tax under Title
5XIX of the Social Security Act. Moneys in the Hospital Provider
6Fund derived from assessments imposed prior thereto shall be
7disbursed in accordance with Section 5A-8 to the extent federal
8financial participation is not reduced due to the
9impermissibility of the assessments, and any remaining moneys
10shall be refunded to hospital providers in proportion to the
11amounts paid by them.
12    (c) The assessments imposed by subsection (b-5) of Section
135A-2 shall not take effect or shall cease to be imposed, the
14Department's obligation to make payments shall immediately
15cease, and any moneys remaining in the Fund shall be refunded
16to hospital providers in proportion to the amounts paid by
17them, if the payments to hospitals required under Section
185A-12.4 are not eligible for federal matching funds under Title
19XIX of the Social Security Act.
20    (d) The assessments imposed by Section 5A-2 shall not take
21effect or shall cease to be imposed, the Department's
22obligation to make payments shall immediately cease, and any
23moneys remaining in the Fund shall be refunded to hospital
24providers in proportion to the amounts paid by them, if:
25        (1) for State fiscal years 2013 through 2018, the
26    Department reduces any payment rates to hospitals as in

 

 

SB2789- 21 -LRB099 20686 JWD 45311 b

1    effect on May 1, 2012, or alters any payment methodology as
2    in effect on May 1, 2012, that has the effect of reducing
3    payment rates to hospitals, except for any changes
4    affecting hospitals authorized in Public Act 97-689 and any
5    changes authorized by Section 14-12 of this Code, and
6    except for any changes authorized under Section 5A-15, and
7    except for any changes authorized under Section 5-5b.1, and
8    except for any changes authorized under the Unbalanced
9    Budget Response Act;
10        (2) for State fiscal years 2013 through 2018, the
11    Department reduces any supplemental payments made to
12    hospitals below the amounts paid for services provided in
13    State fiscal year 2011 as implemented by administrative
14    rules adopted and in effect on or prior to June 30, 2011,
15    except for any changes affecting hospitals authorized in
16    Public Act 97-689 and any changes authorized by Section
17    14-12 of this Code, and except for any changes authorized
18    under Section 5A-15, and except for any changes authorized
19    under Section 5-5b.1, and except for any changes authorized
20    under the Unbalanced Budget Response Act; or
21        (3) for State fiscal years 2015 through 2018, the
22    Department reduces the overall effective rate of
23    reimbursement to hospitals below the level authorized
24    under Section 14-12 of this Code, except for any changes
25    under Section 14-12 or Section 5A-15 of this Code, and
26    except for any changes authorized under Section 5-5b.1, and

 

 

SB2789- 22 -LRB099 20686 JWD 45311 b

1    except for any changes authorized under the Unbalanced
2    Budget Response Act.
3(Source: P.A. 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 99-2,
4eff. 3-26-15.)
 
5    Section 115. The State Mandates Act is amended by adding
6Section 8.40 as follows:
 
7    (30 ILCS 805/8.40 new)
8    Sec. 8.40. Exempt mandate. Notwithstanding Sections 6 and 8
9of this Act, no reimbursement by the State is required for the
10implementation of any mandate created by this amendatory Act of
11the 99th General Assembly.
 
12    Section 999. Effective date. This Act takes effect upon
13becoming law.