(305 ILCS 5/11-27)
(from Ch. 23, par. 11-27)
Obtaining benefits after termination.
For the purpose of this Section, the term "entity" includes persons,
firms, corporations, associations and agencies.
(b) Subject to the provisions of Sections 8A-7, 8A-8 and 12-4.25, no
entity which has had its receipt of benefits or payments under this Code
terminated or suspended or its future receipt
barred by the Department shall,
while such disability
remains in effect, directly or indirectly:
(1) serve as a technical or other advisor to any entity which obtains,
attempts to obtain or seeks to obtain benefits or payments under this Code; or
(2) be an incorporator or member of the board of directors of any entity
which obtains, attempts to
obtain or seeks to obtain benefits or payments under this Code; or
(3) be an investor with or in any entity which obtains, attempts
to obtain or seeks to obtain benefits or payments under this Code.
(c) The Director may, by rule, establish procedures for any entity
aggrieved by the application of this Section to seek special permission to
continue receiving benefits or
payments under this Code or to seek reinstatement of benefits or
payments under this Code. Such entity must be otherwise eligible to
receive benefits or payments under this Code and in compliance with any
applicable requirement of this Code for reinstatement. If the Director
determines that the entity seeking such permission or reinstatement had no
part in the actions or conduct upon which the decision to suspend,
terminate or bar benefits was based, he may authorize the continued
participation by or reinstatement of the entity in such program or programs
as he may deem appropriate under all the circumstances and upon such terms
and conditions and under such probationary or other restrictions as he or
other provisions of this Code may require.
(d) Any entity which knowingly violates the provisions of this Section
or knowingly attempts or
conspires to violate the provisions of this Section shall be civilly liable
in a court of law for damages in an amount 3 times the value of all benefits or payments
obtained by such entity or $10,000, whichever sum is greater.
(e) The civil liability imposed under this Section shall be joint and
several and shall extend to any entity knowingly
seeking or attempting to obtain benefits under this
Code which, having the authority to refuse, knowingly associates with or
permits the association of a suspended, terminated or barred
entity as prohibited herein. Such liability
shall also extend to any
entity found guilty in a court of law of such unlawful association,
including the suspended, terminated or
barred entity. Liability shall arise when any such
entity knew, or under all of the circumstances reasonably should
have known, that it was engaging in or authorizing any activity prohibited herein.
(f) The Attorney General, or the State's Attorney in actions involving a
local governmental unit, may initiate court proceedings to recover benefits
or payments obtained in violation of this Section and shall, in addition to
any judgment obtained, be entitled to recover all court costs.
(g) Notwithstanding any provision of The Freedom of Information Act
or other State law, the Department shall make public the identity and
business address of every entity which has had its receipt of benefits or
payments under this Code suspended or terminated or its future receipt barred by the
Department. Each month, the Department shall publish a list of such
identities and addresses, which shall be mailed by the Department without
charge to associations and societies, including their affiliates and
components, of vendors providing goods, services or both to recipients of
medical assistance under this Code. The Department shall also mail such
list without charge to any other person or organization upon request.
(h) Nothing in this Section shall prohibit the Department from
pursuing and implementing any other remedy provided by this Code in
connection with the suspension, termination or reinstatement of receipt of
benefits or payments under this Code or the barring of receipt of future
benefits or payments under this Code.
(Source: P.A. 84-1254; 84-1438.)