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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
PUBLIC AID (305 ILCS 5/) Illinois Public Aid Code. 305 ILCS 5/12-4.52 (305 ILCS 5/12-4.52) Sec. 12-4.52. Prescriber education. (a) The Department of Healthcare and Family Services shall develop, in collaboration with a public university that has a Doctor of Pharmacy Professional Program and is located in a county with a population of more than 3,000,000, a program designed to provide
prescribing physicians under the medical assistance program with an evidence-based, non-commercial source of the latest
objective information about pharmaceuticals. Information shall be
presented to prescribing physicians by specially trained pharmacists, nurses, or
other health professionals to assist prescribing physicians in making
appropriate therapeutic recommendations. (b) The prescriber education program shall consist of 2 components: a web-based curriculum and an academic educator outreach. The program shall contract with clinical pharmacists to provide scheduled visits with prescribing physicians to update them on the latest research concerning medication usage and new updates on disease states in an unbiased manner. (c) Education provided under the prescriber education program shall include, but not be limited to, disease-based educational modules on the treatment of chronic non-cancer pain, diabetes, hypertension, hyperlipidemia, respiratory syncytial virus, and nicotine dependence. New modules may be created periodically as needed and existing module content shall be reviewed and updated on an annual or as-needed basis. Educational modules provided under the program shall provide prescribing physicians with continuing medical education credit. (d) Additional resources provided under the prescriber education program shall include, but not be limited to, the following: (1) a drug information response center available to | | prescribing physicians that provides thorough and timely in-depth answers to any questions a prescribing physician may have within 48 hours after a question is received; and
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| (2) information on drug utilization trends within
| | individual and group practices.
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(Source: P.A. 101-278, eff. 1-1-20 .)
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305 ILCS 5/12-4.53 (305 ILCS 5/12-4.53) Sec. 12-4.53. Prospective Payment System (PPS) rates. Effective January 1, 2021, and subsequent years, based on specific appropriation, the Prospective Payment System (PPS) rates for FQHCs shall be increased based on the cost principles found at 45 Code of Federal Regulations Part 75 or its successor. Such rates shall be increased by using any of the following methods: reducing the current minimum productivity and efficiency standards no lower than 3500 encounters per FTE physician; increasing the statewide median cost cap from 105% to 120%, a one-time re-basing of rates utilizing 2018 FQHC cost reports, or another alternative payment method acceptable to the Centers for Medicare and Medicaid Services and the FQHCs, including an across the board percentage increase to existing rates.
(Source: P.A. 101-636, eff. 6-10-20; 101-655, eff. 3-12-21.) |
305 ILCS 5/12-4.54 (305 ILCS 5/12-4.54) Sec. 12-4.54. SNAP, WIC; diapers, menstrual hygiene products. If the United States Department of Agriculture's Food and Nutrition Service creates and makes available to the states a waiver permitting recipients of benefits provided under the Supplemental Nutrition Assistance Program or the Special Supplemental Nutrition Program for Women, Infants, and Children to use their benefits to purchase diapers or menstrual hygiene products such as tampons, sanitary napkins, and feminine wipes, then the Department of Human Services shall apply for the waiver. If the United States Department of Agriculture approves the Department of Human Services' waiver application, then the Department of Human Services shall adopt rules and make other changes as necessary to implement the approved waiver.
(Source: P.A. 102-248, eff. 1-1-22; 102-813, eff. 5-13-22.) |
305 ILCS 5/12-4.55
(305 ILCS 5/12-4.55)
Sec. 12-4.55. Community-based long-term services; application for federal funding. The Department of Healthcare and Family Services shall apply for all available federal funding to promote community inclusion and integration for persons with disabilities, regardless of age, and older adults so that those persons have the option to transition out of institutions and receive long-term care services and supports in the settings of their choice.
(Source: P.A. 102-536, eff. 8-20-21; 102-813, eff. 5-13-22.)
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305 ILCS 5/12-4.56 (305 ILCS 5/12-4.56) Sec. 12-4.56. Managed Primary Care Demonstration Project. The Department shall establish and implement a Managed Primary Care Demonstration Project to provide primary care services that are focused on preventive rather than curative care to persons who reside in underserved communities that lack accessible health and medical services. The demonstration project shall operate for a 5-year period and provide supplemental services to medical assistance recipients. The Department shall contract with a health care organization through a competitive process that is capable of providing patient-centered, prevention-focused services, that may include, but are not limited to, the following: (1) Patient navigators to manage patient care. (2) Patient-tailored preventive health care plans. (3) Administrative personal health care consultants | | for home health maintenance between medical office visits.
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| (4) Clinical personal health care consultants for
| | telehealth (health information and advice) and wellness initiatives.
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| (5) A patient portal.
(6) An online virtual health hub that provides
| | patients with access to wellness, self-guided education, health seminars, a video library, and additional health and wellness resources.
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| (7) Community health and human services centers to
| | engage, educate, and empower patients to get involved in their own self-care.
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| (8) Mobile preventive health stations and kiosks to
| | bring services to underserved communities that are health or medical deserts.
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| (9) Call centers to interact with medical homes and
| | facilitate service offerings.
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| A request for proposals for the demonstration project shall be issued by December 31, 2022.
(Source: P.A. 102-699, eff. 4-19-22.)
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305 ILCS 5/12-4.57 (305 ILCS 5/12-4.57) Sec. 12-4.57. Prospective Payment System rates; increase for federally qualified health centers. Beginning January 1, 2024, subject to federal approval, the Department of Healthcare and Family Services shall increase the Prospective Payment System rates for federally qualified health centers to a level calculated to spend an additional $50,000,000 in the first year of application using an alternative payment method acceptable to the Centers for Medicare and Medicaid Services and a trade association representing a majority of federally qualified health centers operating in Illinois, including a rate increase that is an equal percentage increase to the rates paid to each federally qualified health center. (Source: P.A. 103-102, eff. 1-1-24; 103-605, eff. 7-1-24.) |
305 ILCS 5/12-4.58 (305 ILCS 5/12-4.58) Sec. 12-4.58. Stolen SNAP benefits via card skimming; data collection and reports. (a) As the State administrator of benefits provided under the federally funded Supplemental Nutrition Assistance Program (SNAP), the Department of Human Services shall track and collect data on the scope and frequency of SNAP benefits fraud in this State where a SNAP recipient's benefits are stolen from the recipient's electronic benefits transfer card by means of card skimming, card cloning, or some other similar fraudulent method. The Department shall specifically keep a record of every report made to the Department by a SNAP recipient alleging the theft of benefits due to no fault of the recipient, the benefit amount stolen, and, if practicable, how those stolen benefits were used and the location of those thefts. (b) The Department shall report its findings to the General Assembly on an annual basis beginning on January 1, 2024. The Department shall file an annual report no later than the 60th day of the following year following each reporting period. A SNAP recipient's personally identifiable information shall be excluded from the reports consistent with State and federal privacy protections. Each annual report shall also be posted on the Department's official website. (c) If the Department determines that a SNAP recipient has made a substantiated report of stolen benefits due to card skimming, card cloning, or some other similar fraudulent method, the Department shall refer the matter to the State's Attorney who has jurisdiction over the alleged theft or fraud and shall provide any assistance to that State's Attorney in the prosecution of the alleged theft or fraud. (Source: P.A. 103-297, eff. 1-1-24; 103-605, eff. 7-1-24.) |
305 ILCS 5/12-4.101
(305 ILCS 5/12-4.101)
Sec. 12-4.101.
(Repealed).
(Source: P.A. 90-655, eff. 7-30-98. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-4.102
(305 ILCS 5/12-4.102)
Sec. 12-4.102.
(Repealed).
(Source: P.A. 88-412. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-4.103
(305 ILCS 5/12-4.103)
Sec. 12-4.103.
Individual Development Accounts.
Subject to funding availability, the Illinois Department shall
establish a program that allows eligible low-income
individuals to open and maintain Individual Development Accounts for the
purpose of enabling the individual to accumulate funds for a qualified purpose.
A qualified purpose for establishing an Individual Development Account shall
be one or more of the following:
(1) to pay for postsecondary education expenses if the expenses are paid
directly to an eligible educational institution;
(2) to acquire a principal residence if the individual is buying a home for
the first time and if the funds are paid directly to the person to whom the
amounts required for the purchase are due; or
(3) to finance business capitalization expenses if the funds are paid
directly into a business capitalization account at a federally insured
financial institution and are restricted to use solely for qualified business
capitalization expenses.
An individual may make contributions to his or her
Individual Development Account only from earned income as
defined in Section 911(d)(2) of the Internal Revenue Code of 1986.
An Individual Development Account program shall be established in
accordance with subsection (h) of Section 404 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996. State funds made available
for this program and federal funds, to the extent they may be used for this
purpose, shall be used (i) to match, dollar for dollar, contributions made by
individuals participating in an Individual Development Account program approved
by the Illinois Department, (ii) to fund or supplement other funds available
for the costs of the administration of an Individual Development Account
program by a not-for-profit organization, and (iii) for a grant or grants to
not-for-profit organizations to provide technical assistance and training to
other not-for-profit organizations in the State that wish to establish an
Individual Development Account program consistent with this Section. No
Individual Development Account program shall qualify for State funds under this
Section unless the administering not-for-profit organization verifies that it
has secured at least a dollar for dollar match from
other sources for contributions made by participating individuals.
The Illinois Department shall by rule establish qualifications for a
not-for-profit organization to administer an Individual Development Account
program.
The Illinois Department shall establish eligibility criteria for individuals
seeking to participate in an Individual Development Account program. The
Illinois Department shall promulgate rules regarding the administration of
Individual Development Account programs by approved not-for-profit
organizations administering the programs.
Notwithstanding any other provision of State law, funds in an Individual
Development Account, including accrued interest and matching deposits, shall be
disregarded for the purpose of determining the eligibility and benefit levels
under this Code of the individual establishing the Individual Development
Account with respect to any period during which such individual maintains or
makes contributions into such an account.
Nothing in this Section shall prohibit a not-for-profit organization which does
not
receive State matching funds from administering an approved Individual
Development Account under this Section.
(Source: P.A. 90-783, eff. 8-14-98.)
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305 ILCS 5/12-4.103a (305 ILCS 5/12-4.103a) Sec. 12-4.103a. Assets for Independence Program. (a) Program established. Subject to available funding and receipt of a federal Assets for Independence grant award, the Department of Human Services shall establish and administer an Assets for Independence Program (Program). The Program shall be established in accordance with the terms of the Assets for Independence Act (AFIA) as now and hereafter amended (Title IV Community Opportunities, Accountability, and Training and Educational Services Act as amended, Public Law 105-285, 42 U.S.C. 604 note). (b) Assets for Independence Fund. The Assets for Independence Fund is established. The Fund shall be held by the Secretary or his or her designee as ex-officio custodian thereof separate and apart from all other State funds. The Assets for Independence Fund is authorized to receive grants under AFIA, State moneys appropriated for the Program, and moneys from voluntary donations from individuals, foundations, corporations, and other sources. Moneys in the Assets for Independence Fund shall not be commingled with other State funds, but they shall be deposited as required by law and maintained in a separate account on the books of a savings and loan association, bank, or other qualified financial institution. All interest earnings on amounts within the Assets for Independence Fund shall accrue to the Assets for Independence Fund and shall be used in accordance with the terms of the AFIA. Administrative expenses related to the Program, including the provision of financial education to Program participants, shall be paid from the Assets for Independence Fund in accordance with the terms of AFIA Section 707(c)(3). (c) Program purpose. The purpose of the Program is to allow eligible low-income Illinois citizens, subject to the availability of State and federal funds and authorization from the Department, to open and maintain an Individual Development Account (IDA) at a federally insured financial institution. Deposits into an IDA that are used for subsequent qualified purchases shall be matched dollar-for-dollar by moneys from the Assets for Independence Fund. Not more than $2,000 of moneys from the Assets for Independence Fund shall be provided to any one individual. Not more than $4,000 of moneys from the Assets for Independence Fund shall be provided to any one household. Assets for Independence Fund moneys not being used to administer the Program shall be used only for qualified purchases, shall be distributed only directly to the vendor of a qualified purchase, and shall require the authorization by signature of the Department's chief financial officer. (d) Contributions to IDA and use of moneys. An individual may make contributions to his or her IDA only from earned income as defined in Section 911(d)(2) of the Internal Revenue Code of 1986. The moneys deposited into an IDA shall not be commingled with any Assets for Independence Fund moneys. An IDA holder shall have a 36-month period, beginning on the date the Department authorizes the holder to open the IDA, within which to make a qualified purchase. If a qualified purchase is not made within that 36-month period, Assets for Independence Fund moneys earmarked for that individual shall be released, and the Department shall authorize another eligible person to open an IDA. Under no circumstances, and at no time, shall an IDA holder lose the ability to withdraw moneys from his or her IDA. (e) Qualified purchases. A qualified asset purchase using moneys from an IDA shall be defined in accordance with AFIA Section 404(8) and shall be one or more of the following: (1) Payment of post-secondary education expenses, if | | the expenses are paid directly to an eligible educational institution.
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| (2) Acquisition of a principal residence, if the
| | individual is buying a home for the first time and if the funds are paid directly to the person to whom the amounts required for the purchase are due.
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| (3) Financing of business capitalization expenses, if
| | the funds are paid directly into a business capitalization account at a federally insured financial institution and are restricted to use solely for qualified business capitalization expenses.
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| (f) Program eligibility. Program eligibility shall be established by the Department in accordance with AFIA Section 408. Persons eligible to open an IDA and to receive Assets for Independence Fund moneys are Illinois citizens currently residing in Illinois who are (i) able to demonstrate that they are currently eligible for assistance under the State's Temporary Assistance for Needy Families program or (ii) able to demonstrate that the adjusted gross income of their household in the calendar year preceding the determination of eligibility was equal to or less than 200% of the poverty line, as determined by the Federal Office of Management and Budget. An individual must further demonstrate that the net worth of his or her household, as of the end of the calendar year preceding the determination of eligibility, does not exceed $10,000, as determined by AFIA Section 408(2)(B). Notwithstanding any other provision of State law, moneys in an Individual Development Account, including accrued interest and matching deposits, shall be disregarded for the purpose of determining the eligibility and benefit levels under this Code in the case of the individual establishing the IDA with respect to any period during which the individual maintains or makes contributions into the IDA. The Department shall approve an individual to open an IDA at a federally insured financial institution upon determining, based on the individual's application, that all eligibility criteria are met and subject to the availability of $2,000 in Assets for Independence Fund moneys.
(Source: P.A. 94-1043, eff. 7-24-06.)
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305 ILCS 5/12-4.104
(305 ILCS 5/12-4.104)
Sec. 12-4.104.
Family and Community Development Grant Program.
(a) Subject to funding availability, a family and community development
grant
program shall be administered by the Department
of
Human Services. The program shall be designed to make services
available to families who are at risk of long-term economic
dependency and to work with communities to provide economic opportunities. The
purpose of the program is to fund, evaluate, and provide
recommendations on not less than 8 nor more than 10 projects to
move 100 families at risk of
long-term economic dependency to self-sufficiency through the family and
community development program.
(b) As used in this Section only:
"Applicant" means a public or private organization that makes application
for a grant through the request for proposals process.
"Council" means the Social Services Advisory Council.
"Department" means the Department of Human Services.
"Grant" means an award to fund a project approved by the
Department with the advice of the Council.
"Grantee" means the recipient of a grant approved by the Department.
(c) The Social Services Advisory Council as established within
the Department of Human Services shall,
with
respect to the family and community development
grants
administered by the Department,
involve a representative of the Human Resource
Investment Council in considering proposed projects and monitoring approved
projects.
(d) The Council shall:
(1) Identify the factors and conditions that place | | Illinois families at risk of long-term dependency upon the AFDC program or its successor program. The Council shall seek to use relevant research findings and national and Illinois-specific data on TANF (formerly AFDC).
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(2) Identify the factors and conditions that place
| | Illinois families at risk of family instability, long-term economic dependency, and foster care placement.
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(3) Report those findings to the Secretary of Human
| | Services for his or her evaluation.
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(4) Recommend grants to public or private
| | organizations to provide family and community development services to families at risk of long-term economic dependency.
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(5) In cooperation with the Illinois Community Action
| | Association, use family and community development outcome measures to independently evaluate the effectiveness of demonstration projects.
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(6) Seek the support of an Illinois accredited
| | university to continue research and evaluation responsibilities.
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(7) Seek additional support for the funding of family
| | and community development grants.
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(8) Make recommendations to the Governor, the General
| | Assembly, and the Secretary of Human Services on the effectiveness of family and community development intervention programs in Illinois.
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(9) Evaluate and make recommendations regarding the
| | cost and benefits to the expansion of the services provided under TANF (formerly AFDC) to include tuition for parenting skills programs, family support and counseling services, child development services, job readiness and job skill training, and transportation and child care expenses associated with the programs and services.
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(e) In cooperation with the Illinois Community Action Association,
the grantees shall identify families that
receive TANF (formerly AFDC)
payments that may place families at
risk of long-term economic
dependency.
(f) The Department shall adopt rules for the operation of this program.
(Source: P.A. 90-783, eff. 8-14-98.)
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305 ILCS 5/12-4.105 (305 ILCS 5/12-4.105) Sec. 12-4.105. Human poison control center; payment program. Subject to funding availability resulting from transfers made from the Hospital Provider Fund to the Healthcare Provider Relief Fund as authorized under this Code, for State fiscal year 2017 and State fiscal year 2018, and for each State fiscal year thereafter in which the assessment under Section 5A-2 is imposed, the Department of Healthcare and Family Services shall pay to the human poison control center designated under the Poison Control System Act an amount of not less than $3,000,000 for each of State fiscal years 2017 through 2020, and for State fiscal years 2021 through 2023 an amount of not less than $3,750,000 and for State fiscal years 2024 through 2026 an amount of not less than $4,000,000 and for the period July 1, 2026 through December 31, 2026 an amount
of not less than $2,000,000, if the human poison control center is in operation.
(Source: P.A. 102-886, eff. 5-17-22; 103-102, eff. 6-16-23.) |
305 ILCS 5/12-4.201
(305 ILCS 5/12-4.201)
Sec. 12-4.201. Data warehouse concerning medical and related
services. (a) The Department of Healthcare and Family Services may purchase services and
materials associated with the costs of developing and implementing a data
warehouse comprised of management and decision making information in
regard to the liability associated with, and utilization of, medical and
related services, out of moneys available for that purpose. (b) The Department of Healthcare and Family Services shall perform all necessary administrative functions to expand its linearly-scalable data warehouse to encompass other healthcare data sources at both the Department of Human Services and the Department of Public Health. The Department of Healthcare and Family Services shall leverage the inherent capabilities of the data warehouse to accomplish this expansion with marginal additional technical administration. The purpose of
this expansion is to allow for programmatic review and analysis including the interrelatedness among the various healthcare programs in order to ascertain effectiveness toward, and ultimate impact on, clients. Beginning
July 1, 2005, the Department of Healthcare and Family Services (formerly Department of Public Aid) shall supply quarterly reports to the Commission on Government Forecasting and Accountability detailing progress toward this mandate.
(c) The Department of Healthcare and Family Services (HFS), the Illinois Department of Public Health, the Illinois Department of Human Services, and the Division of Specialized Care for Children, University of Illinois at Chicago, with necessary support from the Department of Central Management Services, shall integrate into the medical data warehouse individual record level data owned by one of these agencies that pertains to maternal and child health, including the following data sets:
(1) Vital Records as they relate to births, birth | | (2) Adverse Pregnancy Outcomes Reporting System
| | (3) Genetics/Newborn Screenings/SIDS.
(4) Cornerstone (WIC, FCM, Teen Parents,
| | (5) HFS medical claims data.
(6) I-CARE.
(7) Children with Special Healthcare Needs Data.
By September 1, 2009, the departments of Healthcare and Family Services, Public Health, and Human Services and the Division of Specialized Care for Children shall jointly prepare a work plan for fully integrating these data sets into the medical data warehouse. The work plan shall provide an overall project design, including defining a mutually acceptable transfer format for each discrete data set, the data update frequency, and a single method of data transfer for each data set. By October 1, 2009, the Department of Public Health shall grant to the Department of Healthcare and Family Services complete access to all vital records data. The Department of Public Health shall prepare a report detailing that this task has been accomplished and submit this report to the Commission on Government Forecasting and Accountability by October 15, 2009. By March 1, 2010, the data sets shall be completely loaded into the medical data warehouse. By July 1, 2010, data from the various sources shall be processed so as to be compatible with other data in the medical data warehouse and available for analysis in an integrated manner.
With the cooperation of the other agencies, HFS shall submit status reports on the progress of these efforts to the Governor and the General Assembly no later than October 1, 2009 and April 1, 2010, with a final report due no later than November 1, 2010.
On an ongoing basis, the 4 agencies shall review the feasibility of adding data from additional sources to the warehouse. Such review may take into account the cost effectiveness of adding the data, the utility of adding data that is not available as identifiable individual record level data, the requirements related to adding data owned by another entity or not available in electronic form, whether sharing of the data is otherwise prohibited by law and the resources required and available for effecting the addition.
The departments shall use analysis of the data in the medical data warehouse to improve maternal and child health outcomes, and in particular improve birth outcomes, and to reduce racial health disparities in this area.
All access and use of the data shall be in compliance with all applicable federal and State laws, regulations, and mandates.
Notwithstanding anything in this Section, data incorporated into the data warehouse shall remain subject to the same provisions of law regarding confidentiality and use restrictions as they are subject to in the control of the contributing agency. The Department of Healthcare and Family Services shall develop measures to ensure that the interplay of the several data sets contributed to the data warehouse does not lead to the use or release of data from the data warehouse that would not otherwise be subject to use or release under State or federal law.
(Source: P.A. 95-331, eff. 8-21-07; 96-799, eff. 10-28-09; 96-1000, eff. 7-2-10.)
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305 ILCS 5/12-4.202
(305 ILCS 5/12-4.202)
Sec. 12-4.202. (Repealed).
(P.A. 94-267, eff. 7-19-05. Repealed internally, eff. 1-1-06.)
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305 ILCS 5/12-5 (305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
Sec. 12-5. Appropriations; uses; federal grants; report to
General Assembly. From the sums appropriated by the General Assembly,
the Illinois Department shall order for payment by warrant from the State
Treasury grants for public aid under Articles III, IV, and V,
including
grants for funeral and burial expenses, and all costs of administration of
the Illinois Department and the County Departments relating thereto. Moneys
appropriated to the Illinois Department for public aid under Article VI may
be used, with the consent of the Governor, to co-operate
with federal, State, and local agencies in the development of work
projects designed to provide suitable employment for persons receiving
public aid under Article VI. The Illinois Department, with the consent
of the Governor, may be the agent of the State for the receipt and
disbursement of federal funds or commodities for public aid purposes
under Article VI and for related purposes in which the
co-operation of the Illinois Department is sought by the federal
government, and, in connection therewith, may make necessary
expenditures from moneys appropriated for public aid under any Article
of this Code and for administration. The Illinois Department may make necessary expenditures from monies
appropriated to it for operations, administration, and grants, including
payment to the Health Insurance Reserve Fund for group insurance costs at
the rate certified by the Department of Central Management Services.
All grants received by the Illinois Department for programs funded by the
Federal Social Services Block Grant shall be deposited in the Social Services
Block Grant Fund. All funds received into the Social Services Block Grant Fund
as reimbursement for expenditures from the General Revenue Fund shall be
transferred to the General Revenue Fund. All funds received into the Social
Services Block Grant fund for reimbursement for expenditure out of the Local
Initiative Fund shall be transferred into the Local Initiative Fund. Any other
federal funds received into the Social Services Block Grant Fund shall be
transferred to the DHS Special Purposes Trust Fund. All federal funds received by
the Illinois Department as reimbursement for Employment and Training Programs
for expenditures made by the Illinois Department from grants, gifts, or
legacies as provided in Section 12-4.18 or made by an entity other than the
Illinois Department and all federal funds received from the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs established by the American Recovery and Reinvestment Act of 2009 shall be deposited into the Employment and Training Fund.
During each State fiscal year, an amount not exceeding a total of $68,800,000 of the federal funds received by the
Illinois Department under the provisions of Title IV-A of the federal Social Security Act shall be deposited
into the DCFS Children's Services
Fund.
All federal funds, except those covered by the foregoing 3
paragraphs, received as reimbursement for expenditures from the General Revenue
Fund shall be deposited in the General Revenue Fund for administrative and
distributive expenditures properly chargeable by federal law or regulation to
aid programs established under Articles III through XII and Titles IV, XVI, XIX
and XX of the Federal Social Security Act. Any other federal funds received by
the Illinois Department under Sections 12-4.6, 12-4.18 and
12-4.19 that are required by Section 12-10 of this Code to be paid into the
DHS Special Purposes Trust Fund shall be deposited into the DHS Special Purposes Trust
Fund. Any other federal funds received by the Illinois Department pursuant to
the Child Support Enforcement Program established by Title IV-D of the Social
Security Act shall be deposited in the Child Support Enforcement Trust Fund
as required under Section 12-10.2 or in the Child Support Administrative Fund as required under Section 12-10.2a of this Code. Any other federal funds received by the Illinois Department for
expenditures made under Title XIX of the Social Security Act and Articles
V and VI of this Code that are required by Section 15-2 of this Code
to be paid into the County Provider Trust Fund shall be deposited
into the County Provider Trust Fund. Any other federal funds received
by the Illinois Department for hospital
inpatient, hospital ambulatory care, and disproportionate share hospital
expenditures made under Title XIX of the Social Security Act and Article V of
this Code that are required by Section 5A-8 of this Code to be paid into the
Hospital Provider Fund shall be deposited into the Hospital Provider Fund. Any
other federal funds received by the Illinois Department for medical
assistance program expenditures made under Title XIX of the Social Security
Act and Article V of this Code that are required by Section 5B-8 of this
Code to be paid into the Long-Term Care Provider Fund shall be deposited
into the Long-Term Care Provider Fund. Any other federal funds received by
the Illinois Department for medical assistance program expenditures made
under Title XIX of the Social Security Act and Article V of this Code that
are required by Section 5C-7 of this Code to be paid into the
Care Provider Fund for Persons with a Developmental Disability shall be deposited into the
Care Provider Fund for Persons with a Developmental Disability. Any other federal funds received
by the Illinois Department for trauma center
adjustment payments that are required by Section 5-5.03 of this Code and made
under Title XIX of the Social Security Act and Article V of this Code shall be
deposited into the Trauma Center Fund. Any other federal funds received by
the Illinois Department as reimbursement for expenses for early intervention
services paid from the Early Intervention Services Revolving Fund shall be
deposited into that Fund.
The Illinois Department shall report to the General Assembly at the
end of each fiscal quarter the amount of all funds received and paid into
the Social Services Block Grant Fund and the Local Initiative Fund and the
expenditures and transfers of such funds for services, programs and other
purposes authorized by law. Such report shall be filed with the Speaker,
Minority Leader and Clerk of the House, with the President, Minority Leader
and Secretary of the Senate, with the Chairmen of the House and Senate
Appropriations Committees, the House Human Resources Committee and the
Senate Public Health, Welfare and Corrections Committee, or the successor
standing Committees of each as provided by the rules of the House and
Senate, respectively, with the Commission on Government Forecasting and Accountability and with the State
Government Report Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State Library Act
shall be deemed sufficient to comply with this Section.
(Source: P.A. 100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 100-1148, eff. 12-10-18; 101-275, eff. 8-9-19.) |
305 ILCS 5/12-6
(305 ILCS 5/12-6) (from Ch. 23, par. 12-6)
Sec. 12-6.
(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
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305 ILCS 5/12-8 (305 ILCS 5/12-8) (from Ch. 23, par. 12-8)
Sec. 12-8. Public Assistance Emergency Revolving Fund - Uses. The
Public Assistance Emergency Revolving Fund, established by Act approved
July 8, 1955 shall be held by the Illinois Department and shall be used
for the following purposes:
1. To provide immediate financial aid to applicants | | in acute need who have been determined eligible for aid under Articles III, IV, or V.
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2. To provide emergency aid to recipients under said
| | Articles who have failed to receive their grants because of mail box or other thefts, or who are victims of a burnout, eviction, or other circumstances causing privation, in which cases the delays incident to the issuance of grants from appropriations would cause hardship and suffering.
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3. To provide emergency aid for transportation, meals
| | and lodging to applicants who are referred to cities other than where they reside for physical examinations to establish blindness or disability, or to determine the incapacity of the parent of a dependent child.
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4. To provide emergency transportation expense
| | allowances to recipients engaged in vocational training and rehabilitation projects.
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5. To assist public aid applicants in obtaining
| | copies of birth certificates, death certificates, marriage licenses or other similar legal documents which may facilitate the verification of eligibility for public aid under this Code.
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6. To provide immediate payments to current or former
| | recipients of child support enforcement services, or refunds to responsible relatives, for child support made to the Illinois Department under Title IV-D of the Social Security Act when such recipients of services or responsible relatives are legally entitled to all or part of such child support payments under applicable State or federal law.
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7. To provide payments to individuals or providers of
| | transportation to and from medical care for the benefit of recipients under Articles III, IV, V, and VI.
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8. To provide immediate payment of fees, as follows:
(A) To sheriffs and other public officials
| | authorized by law to serve process in judicial and administrative child support actions in the State of Illinois and other states.
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| (B) To county clerks, recorders of deeds, and
| | other public officials and keepers of real property records in order to perfect and release real property liens.
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| (C) To State and local officials in connection
| | with the processing of Qualified Illinois Domestic Relations Orders.
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| (D) To the State Registrar of Vital Records,
| | local registrars of vital records, or other public officials and keepers of voluntary acknowledgment of paternity forms.
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| Disbursements from the Public Assistance Emergency Revolving Fund
shall be made by the Illinois Department.
Expenditures from the Public Assistance Emergency Revolving Fund
shall be for purposes which are properly chargeable to appropriations
made to the Illinois Department, or, in the case of payments under subparagraphs 6 and 8, to the Child Support Enforcement Trust Fund or the Child Support Administrative Fund, except that no expenditure, other than payment of the fees provided for under subparagraph 8 of this Section,
shall be made for purposes which are properly chargeable to appropriations
for the following objects: personal services; extra help; state contributions
to retirement system; state contributions to Social Security; state
contributions for employee group insurance; contractual services; travel;
commodities; printing; equipment; electronic data processing; operation of
auto equipment; telecommunications services; library books; and refunds.
The Illinois Department shall reimburse the Public Assistance Emergency
Revolving Fund by warrants drawn by the State Comptroller on the
appropriation or appropriations which are so chargeable, or, in the case of
payments under subparagraphs 6 and 8, by warrants drawn on the Child Support
Enforcement Trust Fund or the Child Support Administrative Fund, payable to the Revolving Fund.
(Source: P.A. 103-102, eff. 1-1-24 .)
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305 ILCS 5/12-8.1
(305 ILCS 5/12-8.1)
Sec. 12-8.1.
State Disbursement Unit Revolving Fund.
(a) There is created a revolving fund to be known as the State Disbursement
Unit Revolving Fund, to be held by the Director of the Illinois Department,
outside the State treasury,
for the following purposes:
(1) the deposit of all support payments received by | | the Illinois Department's State Disbursement Unit;
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(2) the deposit of other funds including, but not
| | limited to, transfers of funds from other accounts attributable to support payments received by the Illinois Department's State Disbursement Unit;
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(3) the deposit of any interest accrued by the
| | revolving fund, which interest shall be available for payment of (i) any amounts considered to be Title IV-D program income that must be paid to the U.S. Department of Health and Human Services and (ii) any balance remaining after payments made under item (i) of this subsection (3) to the General Revenue Fund; however, the disbursements under this subdivision (3) may not exceed the amount of the interest accrued by the revolving fund;
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(4) the disbursement of such payments to obligees or
| | to the assignees of the obligees in accordance with the provisions of Title IV-D of the Social Security Act and rules promulgated by the Department, provided that such disbursement is based upon a payment by a payor or obligor deposited into the revolving fund established by this Section; and
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(5) the disbursement of funds to payors or obligors
| | to correct erroneous payments to the Illinois Department's State Disbursement Unit, in an amount not to exceed the erroneous payments.
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(b) (Blank).
(Source: P.A. 92-44, eff. 7-1-01; 93-20, eff. 6-20-03.)
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305 ILCS 5/12-8.2 (305 ILCS 5/12-8.2) Sec. 12-8.2. Medical Assistance Dental Reimbursement Revolving Fund. There is created a revolving fund to be known as the Medical Assistance Dental Reimbursement Revolving Fund, to be held by the Director of the Department of Healthcare and Family Services, outside of the State treasury, for the following purposes: (1) The deposit of all funds to pay for dental | | services provided by enrolled dental service providers for services to participants in the medical programs administered by the Department.
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| | revolving fund, which interest shall be available to pay for dental services provided by enrolled dental service providers for services to participants in the medical programs administered by the Department.
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| (3) The payment of amounts to enrolled dental service
| | providers for dental services provided to participants in the medical programs administered by the Department.
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(Source: P.A. 96-1123, eff. 1-1-11.)
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305 ILCS 5/12-9 (305 ILCS 5/12-9) (from Ch. 23, par. 12-9) Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The Public Aid Recoveries Trust Fund shall consist of (1) recoveries by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) authorized by this Code in respect to applicants or recipients under Articles III, IV, V, and VI, including recoveries made by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) from the estates of deceased recipients, (2) recoveries made by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) in respect to applicants and recipients under the Children's Health Insurance Program Act, and the Covering ALL KIDS Health Insurance Act, (2.5) recoveries made by the Department of Healthcare and Family Services in connection with the imposition of an administrative penalty as provided under Section 12-4.45, (3) federal funds received on behalf of and earned by State universities, other State agencies or departments, and local governmental entities for services provided to applicants or recipients covered under this Code, the Children's Health Insurance Program Act, and the Covering ALL KIDS Health Insurance Act, (3.5) federal financial participation revenue related to eligible disbursements made by the Department of Healthcare and Family Services from appropriations required by this Section, and (4) all other moneys received to the Fund, including interest thereon. The Fund shall be held as a special fund in the State Treasury. Disbursements from this Fund shall be only (1) for the reimbursement of claims collected by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) through error or mistake, (2) for payment to persons or agencies designated as payees or co-payees on any instrument, whether or not negotiable, delivered to the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) as a recovery under this Section, such payment to be in proportion to the respective interests of the payees in the amount so collected, (3) for payments to the Department of Human Services for collections made by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) on behalf of the Department of Human Services under this Code, the Children's Health Insurance Program Act, and the Covering ALL KIDS Health Insurance Act, (4) for payment of administrative expenses incurred in performing the activities authorized under this Code, the Children's Health Insurance Program Act, and the Covering ALL KIDS Health Insurance Act, (5) for payment of fees to persons or agencies in the performance of activities pursuant to the collection of monies owed the State that are collected under this Code, the Children's Health Insurance Program Act, and the Covering ALL KIDS Health Insurance Act, (6) for payments of any amounts which are reimbursable to the federal government which are required to be paid by State warrant by either the State or federal government, and (7) for payments to State universities, other State agencies or departments, and local governmental entities of federal funds for services provided to applicants or recipients covered under this Code, the Children's Health Insurance Program Act, and the Covering ALL KIDS Health Insurance Act. Disbursements from this Fund for purposes of items (4) and (5) of this paragraph shall be subject to appropriations from the Fund to the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid). The balance in this Fund after payment therefrom of any amounts reimbursable to the federal government, and minus the amount anticipated to be needed to make the disbursements authorized by this Section, shall be certified by the Director of Healthcare and Family Services and transferred by the State Comptroller to the Drug Rebate Fund or the Healthcare Provider Relief Fund in the State Treasury, as appropriate, on at least an annual basis by June 30th of each fiscal year. The Director of Healthcare and Family Services may certify and the State Comptroller shall transfer to the Drug Rebate Fund or the Healthcare Provider Relief Fund amounts on a more frequent basis. (Source: P.A. 103-593, eff. 6-7-24.) |
305 ILCS 5/12-9.1
(305 ILCS 5/12-9.1)
Sec. 12-9.1. DHS Recoveries Trust Fund; uses. The DHS Recoveries Trust
Fund shall consist of (1) recoveries authorized by this Code in respect to
applicants or recipients under Articles III, IV, and VI, including recoveries
from the estates of deceased recipients, (2) payments received by the Illinois
Department of Human Services under Sections 10-3.1, 10-8, 10-10, 10-16, 10-19,
and 12-9 that are required by those Sections to be paid into the DHS Recoveries
Trust Fund, (3) federal financial participation revenue related to eligible disbursements made by the Illinois Department of Human Services from appropriations required by this Section, and (4) amounts received by the Illinois Department of Human Services directly from federal or State grants and intended to be used to pay a portion of the Department's administrative expenses associated with those grants. This Fund shall be held as a special fund in the State Treasury.
Disbursements from the Fund shall be only (1) for the reimbursement of
claims collected by the Illinois Department of Human Services through error
or mistake, (2) for payment to persons or agencies designated as payees or
co-payees on any instrument, whether or not negotiable, delivered to the
Illinois Department of Human Services as a recovery under this Section, such
payment to be in proportion to the respective interests of the payees in the
amount so collected, (3) for payments to non-recipients, or to former
recipients of financial aid of the collections which are made in their behalf
under Article X, (4) for payment to local governmental units of support
payments collected by the Illinois Department of Human Services pursuant to
an agreement under Section 10-3.1, (5) for payment of administrative expenses
incurred in performing the activities authorized by Article X, (6) for payment of administrative expenses associated with the administration of federal or State grants, (7) for payment
of fees to person or agencies in the performance of activities pursuant to the
collection of moneys owed the State, (8) for payments of any amounts which are
reimbursable to the federal government which are required to be paid by State
warrant by either the State or federal government, and (9) for disbursements to
attorneys or advocates for legal representation in an appeal of any claim for
federal Supplemental Security Income benefits before an administrative law
judge as provided for in Section 3-13 of this Code. Disbursements from the
Fund for purposes of items (5), (6), (7), and (9) of this paragraph shall be subject
to appropriations from the Fund to the Illinois Department of Human Services.
Any transfers from the Fund that were required to be made prior to June 19, 2013 (the effective date of Public Act 98-24) shall not be made. (Source: P.A. 100-59, eff. 1-1-18 .)
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305 ILCS 5/12-10
(305 ILCS 5/12-10) (from Ch. 23, par. 12-10)
Sec. 12-10. DHS Special Purposes Trust Fund; uses. The DHS Special
Purposes Trust Fund, to be held outside the State Treasury by the State
Treasurer as ex-officio custodian, shall consist of (1) any federal grants
received under Section 12-4.6 that are not required by Section 12-5 to be paid
into the General Revenue Fund or transferred into the Local Initiative Fund
under Section 12-10.1 or deposited in the Employment and Training Fund under
Section 12-10.3; (2) grants, gifts or legacies of moneys or securities
received under Section 12-4.18; (3) grants received under Section 12-4.19; and
(4) funds for child care and development services that are not deposited into the Employment and Training Fund under Section 12-10.3. Disbursements from this
Fund shall be only for the purposes authorized by the aforementioned Sections.
Disbursements from this Fund shall be by warrants drawn by the State
Comptroller on receipt of vouchers duly executed and certified by the Illinois
Department of Human Services, including payment to the Health Insurance
Reserve Fund for group insurance costs at the rate certified by the Department
of Central Management Services. In addition to any other transfers that may be provided for by law, the State Comptroller shall direct and the State Treasurer shall transfer from the DHS Special Purposes Trust Fund into the Governor's Grant Fund such amounts as may be directed in writing by the Secretary of Human Services.
In addition to any other transfers that may be provided for by law, the State Comptroller shall direct and the State Treasurer shall transfer from the DHS Special Purposes Trust Fund into the Employment and Training fund such amounts as may be directed in writing by the Secretary of Human Services.
(Source: P.A. 102-16, eff. 6-17-21; 103-363, eff. 7-28-23.)
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305 ILCS 5/12-10.1
(305 ILCS 5/12-10.1) (from Ch. 23, par. 12-10.1)
Sec. 12-10.1.
Local Initiative Fund - Uses.
There is hereby created the Local Initiative Fund in the
State Treasury. The Local Initiative Fund is created for the purpose of
receiving and disbursing monies in accordance with the provisions of the
Social Services Block Grant of the federal Social Security Act and related
rules and regulations,
as now or hereafter amended, governing the use of such monies.
Expenditures from the Local Initiative Fund shall be made for services
contained in the Projected Expenditure Report required of the State
under the Social Services Block Grant of the federal
Social Security Act. The Local Initiative
Fund shall be administered by the Illinois Department, which
shall expend monies appropriated from such fund by the Illinois General
Assembly for the purchase and provision of social services. The Illinois
Department shall execute a written contract for the purchase
of social services from persons qualified to provide such
services. Such contract
shall be filed with the Illinois Department and the State
Comptroller.
There shall be paid into the Local Initiative Fund the following monies:
1. Federal funds paid to the State as reimbursement for expenditures
from the Local Initiative Fund made according to the provisions of the
federal Social Services Block Grant.
2. Payments by the Illinois Department for the purpose of
reimbursing the Local Initiative Fund for expenditures for services not
approved for federal reimbursement under the Social Security Block Grant of
the federal Social Security Act either by the Illinois Department or by the
federal Department of Health and Human Services. Such
payments shall be made by the Illinois Department in the
amount that the Director of the Illinois Department has
determined was not caused by the failure of a provider of services to comply
with the provisions of a service contract or the provisions of the Social
Services Block Grant of the federal Social Security Act and related rules
and regulations as now or hereafter amended. Any such expenditures for
services not approved for federal reimbursement which are subsequently paid
into the Social Services Block Grant Fund shall be transferred into
the General Revenue Fund.
(Source: P.A. 89-507, eff. 7-1-97.)
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305 ILCS 5/12-10.2
(305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
Sec. 12-10.2.
The Child Support Enforcement Trust Fund.
(a) The Child Support Enforcement Trust Fund, to be held by
the State Treasurer as ex-officio custodian outside the State Treasury,
pursuant to the Child Support Enforcement Program established by Title
IV-D of the Social Security Act, shall consist of the following, through June
30, 2002:
(1) all support payments assigned to the Illinois | | Department under Article X of this Code and rules promulgated by the Illinois Department that are disbursed to the Illinois Department by the State Disbursement Unit established under Section 10-26,
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(2) all support payments received by the Illinois
| | Department as a result of the Child Support Enforcement Program established by Title IV-D of the Social Security Act that are not required or directed to be paid to the State Disbursement Unit established under Section 10-26,
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(3) all federal grants received by the Illinois
| | Department funded by Title IV-D of the Social Security Act, except those federal funds received under the Title IV-D program as reimbursement for expenditures from the General Revenue Fund,
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(4) incentive payments received by the Illinois
| | Department from other states or political subdivisions of other states for the enforcement and collection by the Department of an assigned child support obligation in behalf of such other states or their political subdivisions pursuant to the provisions of Title IV-D of the Social Security Act,
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(5) incentive payments retained by the Illinois
| | Department from the amounts which otherwise would be paid to the federal government to reimburse the federal government's share of the support collection for the Department's enforcement and collection of an assigned support obligation on behalf of the State of Illinois pursuant to the provisions of Title IV-D of the Social Security Act,
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(6) all fees charged by the Department for child
| | support enforcement services, as authorized under Title IV-D of the Social Security Act and Section 10-1 of this Code, and any other fees, costs, fines, recoveries, or penalties provided for by State or federal law and received by the Department under the Child Support Enforcement Program established by Title IV-D of the Social Security Act,
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(7) all amounts appropriated by the General Assembly
| | for deposit into the Fund, and
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(8) any gifts, grants, donations, or awards from
| | individuals, private businesses, nonprofit associations, and governmental entities.
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(a-5) On and after July 1, 2002, the Child Support Enforcement Trust Fund
shall
consist of the following:
(1) all support payments assigned to the Illinois
| | Department under Article X of this Code and rules adopted by the Illinois Department that are disbursed to the Illinois Department by the State Disbursement Unit established under Section 10-26, regardless of the fiscal year in which the payments were receipted;
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(2) all support payments received by the Illinois
| | Department as a result of the Child Support Enforcement Program established by Title IV-D of the Social Security Act that are not required or directed to be paid to the State Disbursement Unit established under Section 10-26, regardless of the fiscal year in which the payments were receipted;
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(3) all federal grants received by the Illinois
| | Department funded by Title IV-D of the Social Security Act, except those federal funds received under the Title IV-D program as reimbursement for expenditures from the General Revenue Fund, and receipted on or before June 30, 2002;
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(4) incentive payments received by the Illinois
| | Department from other states or political subdivisions of other states for the enforcement and collection by the Department of an assigned child support obligation in behalf of those other states or their political subdivisions pursuant to the provisions of Title IV-D of the Social Security Act, and receipted on or before June 30, 2002;
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(5) incentive payments retained by the Illinois
| | Department from the amounts that otherwise would be paid to the federal government to reimburse the federal government's share of the support collection for the Department's enforcement and collection of an assigned support obligation on behalf of the State of Illinois pursuant to the provisions of Title IV-D of the Social Security Act, and receipted on or before June 30, 2002;
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(6) all fees charged by the Department for child
| | support enforcement services, as authorized under Title IV-D of the Social Security Act and Section 10-1 of this Code, and any other fees, costs, fines, recoveries, or penalties provided for by State or federal law and received by the Department under the Child Support Enforcement Program established by Title IV-D of the Social Security Act, and receipted on or before June 30, 2002;
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(7) all amounts appropriated by the General Assembly
| | for deposit into the Child Support Enforcement Trust Fund; and
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(8) any gifts, grants, donations, or awards from
| | individuals, private businesses, nonprofit associations, and governmental entities, receipted on or before June 30, 2002.
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(b) Disbursements from this Fund shall be only for the following
purposes:
(1) for the reimbursement of funds received by the
| | Illinois Department through error or mistake,
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(2) for payments to non-recipients, current
| | recipients, and former recipients of financial aid of support payments received on their behalf under Article X of this Code that are not required to be disbursed by the State Disbursement Unit established under Section 10.26,
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(3) for any other payments required by law to be paid
| | by the Illinois Department to non-recipients, current recipients, and former recipients,
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(4) for payment of any administrative expenses
| | incurred through fiscal year 2002 and for payment of any administrative expenses by transfer to the Child Support Administrative Fund under Section 12-10.2a, including payment to the Health Insurance Reserve Fund for group insurance costs at the rate certified by the Department of Central Management Services, except those required to be paid from the General Revenue Fund, including personal and contractual services, incurred in performing the Title IV-D activities authorized by Article X of this Code,
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(5) for the reimbursement of the Public Assistance
| | Emergency Revolving Fund for expenditures made from that Fund for payments to former recipients of public aid for child support made to the Illinois Department when the former public aid recipient is legally entitled to all or part of the child support payments, pursuant to the provisions of Title IV-D of the Social Security Act,
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(6) for the payment of incentive amounts owed to
| | other states or political subdivisions of other states that enforce and collect an assigned support obligation on behalf of the State of Illinois pursuant to the provisions of Title IV-D of the Social Security Act,
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(7) for the payment of incentive amounts owed to
| | political subdivisions of the State of Illinois that enforce and collect an assigned support obligation on behalf of the State pursuant to the provisions of Title IV-D of the Social Security Act, and
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(8) for payments of any amounts which are
| | reimbursable to the Federal government which are required to be paid by State warrant by either the State or Federal government.
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Disbursements from this Fund shall be by warrants drawn by the State
Comptroller on receipt of vouchers duly executed and certified by the Illinois
Department or any other State agency that receives an appropriation from the
Fund.
(c) The Illinois Department's child support administrative expenses, as
defined in Section 12-10.2a, that are incurred after fiscal year 2002 shall be
paid only as provided in that Section.
(Source: P.A. 91-212, eff. 7-20-99; 91-400, eff. 7-30-99; 91-712, eff.
7-1-00; 92-44, eff. 7-1-01; 92-570, eff. 6-26-02; 92-651, eff. 7-11-02.)
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305 ILCS 5/12-10.2a
(305 ILCS 5/12-10.2a)
Sec. 12-10.2a. Child Support Administrative Fund.
(a) Beginning July 1, 2002, the Child Support Administrative Fund is created
as a special fund in
the State treasury. Moneys in the Fund may be used, subject to appropriation,
only for the Department of Healthcare and Family Services' (formerly Department of Public Aid's) child support administrative expenses,
as defined in this Section.
(a-5) Moneys in the Child Support Administrative Fund shall consist of the
following:
(1) all federal grants received by the Illinois | | Department funded by Title IV-D of the Social Security Act, except those federal funds received under the Title IV-D program as reimbursement for expenditures from the General Revenue Fund;
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(2) incentive payments received by the Illinois
| | Department from other states or political subdivisions of other states for the enforcement and collection by the Department of an assigned child support obligation in behalf of those other states or their political subdivisions pursuant to the provisions of Title IV-D of the Social Security Act;
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(3) incentive payments retained by the Illinois
| | Department from the amounts that otherwise would be paid to the federal government to reimburse the federal government's share of the support collection for the Department's enforcement and collection of an assigned support obligation on behalf of the State of Illinois pursuant to the provisions of Title IV-D of the Social Security Act;
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(4) all fees charged by the Department for child
| | support enforcement services, as authorized under Title IV-D of the Social Security Act and Section 10-1 of this Code, and any other fees, costs, fines, recoveries, or penalties provided for by State or federal law and received by the Department under the Child Support Enforcement Program established by Title IV-D of the Social Security Act;
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(5) all amounts appropriated by the General Assembly
| | for deposit into the Child Support Administrative Fund; and
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(6) any gifts, grants, donations, or awards from
| | individuals, private businesses, nonprofit associations, and governmental entities.
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(a-10) The moneys identified in subsection (a-5) of this Section shall
include
moneys receipted on or after July 1, 2002, regardless of the fiscal year in
which the
moneys were earned.
(b) As used in this Section, "child support administrative expenses" means
administrative expenses, including payment to the Health Insurance Reserve Fund
for group insurance costs at the rate certified by the Department of Central
Management Services, except those required to be paid from the General Revenue
Fund, including personal and contractual services, incurred by the Department of Healthcare and Family Services (formerly Department
of Public Aid), either directly or under its contracts with SDU contractors as
defined in Section 10-26.2, in performing activities authorized
by Article X of this Code, and including appropriations to other State
agencies or offices. The term includes expenses incurred by the
Department of Healthcare and Family Services (formerly
Department of Public Aid) in administering the Child Support Enforcement Trust
Fund and the State Disbursement Unit Revolving Fund.
(c) Child support administrative expenses incurred in fiscal year 2003 or
thereafter shall be paid only from moneys appropriated
from
the Child Support Administrative Fund.
(d) Before April 1, 2003 and before April 1 of each year thereafter, the
Department of Healthcare and Family Services (formerly Department of Public Aid) shall provide notification to the General Assembly of
the
amount of
the Department's child support administrative expenses expected to be incurred
during the fiscal year beginning on the next July 1, including the estimated
amount required for the operation of the State
Disbursement Unit, which shall be separately identified in the annual
administrative appropriation.
(e) For the fiscal year beginning July 1, 2002 and for each fiscal year
thereafter, the State Comptroller and the State Treasurer shall transfer from
the Child Support Enforcement Trust Fund to the Child Support Administrative
Fund amounts as determined by the Department necessary to enable the Department
to meet its child support
administrative expenses for the then-current fiscal year. For any fiscal year,
the State Comptroller and the State Treasurer may not transfer more than the
total amount appropriated for the Department's child support
administrative expenses for that fiscal year.
(f) By December 1, 2001, the Illinois Department shall provide a corrective
action plan to the General Assembly regarding the establishment of accurate
accounts in the Child Support Enforcement Trust Fund. The plan shall include
those tasks that may be required to establish accurate accounts, the estimated
time for completion of each of those tasks and the plan, and the estimated cost
for completion of each of the tasks and the plan.
(Source: P.A. 95-331, eff. 8-21-07.)
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305 ILCS 5/12-10.3
(305 ILCS 5/12-10.3) (from Ch. 23, par. 12-10.3)
Sec. 12-10.3. Employment and Training Fund; uses.
(a) The Employment and Training Fund is hereby created in the State
Treasury for the purpose of receiving and disbursing moneys in accordance
with the provisions of Title IV-A of the federal Social Security Act; the Food Stamp
Act, Title 7 of the United States Code; and related rules and regulations
governing the use of those moneys for the purposes of providing employment
and training services, supportive services, cash assistance payments, short-term non-recurrent payments, and other related social services. Beginning in fiscal year 2022, the Employment and Training Fund may receive revenues from State, federal, and private sources related to child care services and programs.
(b) All federal funds received by the Illinois Department as
reimbursement for expenditures for employment and training programs made by
the Illinois Department from grants, gifts, or legacies as provided in
Section 12-4.18 or by an entity other than the Department, and all federal funds received from the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs established by the American Recovery and Reinvestment Act of 2009,
shall be deposited into the Employment and Training Fund.
(c) Except as provided in subsection (d) of this Section, the
Employment and Training Fund shall be administered by the Illinois
Department, and the Illinois Department may make payments from the
Employment and Training Fund to clients or to public and private entities on behalf of clients for employment and training services, supportive services, cash assistance payments, short-term non-recurrent payments, child care services and child care related programs, and other related social services consistent with the purposes authorized under this Code.
(d) (Blank).
(e) The Illinois Department shall execute a written grant agreement when
purchasing employment and training services from entities qualified to
provide services under
the programs.
(Source: P.A. 102-16, eff. 6-17-21.)
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305 ILCS 5/12-10.4 (305 ILCS 5/12-10.4) Sec. 12-10.4. Juvenile Rehabilitation Services Medicaid Matching Fund. There is created in the State Treasury the Juvenile Rehabilitation Services Medicaid Matching Fund. Deposits to this Fund shall consist of all moneys received from the federal government for behavioral health services secured by counties pursuant to an agreement with the Department of Healthcare and Family Services with respect to Title XIX of the Social Security Act or under the Children's Health Insurance Program pursuant to the Children's Health Insurance Program Act and Title XXI of the Social Security Act for minors who are committed to mental health facilities by the Illinois court system and for residential placements secured by the Department of Juvenile Justice for minors as a condition of their aftercare release. Disbursements from the Fund shall be made, subject to appropriation, by the Department of Healthcare and Family Services for grants to the Department of Juvenile Justice and those counties which secure behavioral health services ordered by the courts and which have an interagency agreement with the Department and submit detailed bills according to standards determined by the Department. On January 1, 2026, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Juvenile Rehabilitation Services Medicaid Matching Fund into the Public Aid Recoveries Trust Fund. Upon completion of the transfer, the Juvenile Rehabilitation Services Medicaid Matching Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the Public Aid Recoveries Trust Fund. (Source: P.A. 103-593, eff. 6-7-24.) |
305 ILCS 5/12-10.5
(305 ILCS 5/12-10.5)
Sec. 12-10.5. Medical Special Purposes Trust Fund.
(a) The Medical Special Purposes Trust Fund ("the Fund") is created.
Any grant, gift, donation, or legacy of money or securities that the
Department of Healthcare and Family Services is authorized to receive under Section 12-4.18 or
Section 12-4.19 or any monies from any other source, and that are dedicated for functions connected with the
administration of any medical program administered by the Department, shall
be deposited into the Fund. All federal moneys received by the Department as
reimbursement for disbursements authorized to be made from the Fund shall also
be deposited into the Fund. In addition, federal moneys received on account
of State expenditures made in connection with obtaining compliance with the
federal Health Insurance Portability and Accountability Act (HIPAA) shall be
deposited into the Fund.
(b) No moneys received from a service provider or a governmental or private
entity that is enrolled with the Department as a provider of medical services
shall be deposited into the Fund.
(c) Disbursements may be made from the Fund for the purposes connected with
the grants, gifts, donations, legacies, or other monies deposited into the Fund, including,
but not limited to, medical quality assessment projects, eligibility population
studies, medical information systems evaluations, and other administrative
functions that assist the Department in fulfilling its health care mission
under any medical program administered by the Department.
(Source: P.A. 97-48, eff. 6-28-11; 97-689, eff. 6-14-12.)
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305 ILCS 5/12-10.6
(305 ILCS 5/12-10.6)
Sec. 12-10.6.
Medicaid Buy-In Program Revolving Fund.
(a) The Medicaid Buy-In Program Revolving Fund is created as a special fund
in the State treasury. The Fund shall consist of cost-sharing payments made by
individuals pursuant to the Medicaid Buy-In Program established under paragraph
11 of Section 5-2 of this Code. All earnings on moneys in the Fund shall be
credited to the Fund.
(b) Moneys in the Fund shall be appropriated to the Department to pay the
costs of administering the Medicaid Buy-In Program, including payments for
medical assistance benefits provided to Program participants. The Department
shall adopt rules specifying the particular purposes for which the moneys in
the Fund may be spent.
(Source: P.A. 92-163, eff. 7-25-01; 92-651, eff. 7-11-02.)
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305 ILCS 5/12-10.6a (305 ILCS 5/12-10.6a) Sec. 12-10.6a. The Electronic Health Record Incentive Fund. (a) The Electronic Health Record Incentive Fund is a special fund created in the State treasury. All federal moneys received by the Department of Healthcare and Family Services for payments to qualifying health care providers to encourage the adoption and use of certified electronic health records technology pursuant to paragraph 1903(t)(1) of the Social Security Act, shall be deposited into the Fund. (b) Disbursements from the Fund shall be made at the direction of the Director of Healthcare and Family Services to qualifying health care providers, in amounts established under applicable federal regulation (42 CFR 495 et seq.), in order to encourage the adoption and use of certified electronic health records technology. (c) On January 1, 2025, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Electronic Health Record Incentive Fund into the Public Aid Recoveries Trust Fund. Upon completion of the transfer, the Electronic Health Record Incentive Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the Public Aid Recoveries Trust Fund. (Source: P.A. 103-593, eff. 6-7-24.) |
305 ILCS 5/12-10.7 (305 ILCS 5/12-10.7)
Sec. 12-10.7. The Health and Human Services Medicaid Trust Fund. The Health and Human Services Medicaid Trust Fund shall consist of (i) moneys appropriated or transferred into the Fund, pursuant to statute, (ii) federal financial participation moneys received pursuant to expenditures from the Fund, and (iii) the interest earned on moneys in the Fund. Subject to appropriation, the moneys in the Fund shall be used by a State agency for such purposes as that agency may, by the appropriation language, be directed.
(Source: P.A. 102-1071, eff. 6-10-22.) |
305 ILCS 5/12-10.7a (305 ILCS 5/12-10.7a)
Sec. 12-10.7a. The Money Follows the Person Budget Transfer Fund is hereby created as a special fund in the State treasury. (a) Notwithstanding any State law to the contrary, the following moneys shall be deposited into the Fund: (1) enhanced federal financial participation funds | | related to any spending under a Money Follows the Person demonstration project or initiative, as approved by the federal Centers for Medicare and Medicaid Services and codified at 20 ILCS 2407/51 et seq., regardless of whether such spending occurred from the Money Follows the Person Budget Transfer Fund;
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| (2) federal financial participation funds related to
| | any spending under a Money Follows the Person demonstration project or initiative, as approved by the federal Centers for Medicare and Medicaid Services and codified at 20 ILCS 2407/51 et seq., that occurred from the Money Follows the Person Budget Transfer Fund;
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| (2.5) other federal funds awarded for a Money
| | Follows the Person demonstration project or initiative, as approved by the federal Centers for Medicare and Medicaid Services and codified at 20 ILCS 2407/51 et seq.;
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| (3) deposits made via the voucher-warrant process
| | from institutional long-term care appropriations to the Department of Healthcare and Family Services and institutional developmentally disabled long-term care appropriations to the Department of Human Services;
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| (4) deposits made via the voucher-warrant process
| | from appropriation lines used to fund community-based services for individuals eligible for nursing facility level of care to the Department of Human Services, the Department on Aging, or the Department of Healthcare and Family Services;
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| (5) interest earned on moneys in the Fund; and
(6) all other moneys received by the Fund from any
| | (b) Subject to appropriation, moneys in the Fund may be used by the Department of Healthcare and Family Services for reimbursement or payment for:
(1) expenses related to rebalancing long-term care
| | services between institutional and community-based settings as authorized under a Money Follows the Person demonstration project or initiative, as approved by the federal Centers for Medicare and Medicaid Services and codified at 20 ILCS 2407/51 et seq., including, but not limited to, reimbursement to other entities of State government for related expenditures;
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| (2) expenses for community-based services for
| | individuals eligible for nursing facility level of care in the Department of Human Services, the Department on Aging, or the Department of Healthcare and Family Services to the extent the expenses reimbursed or paid are in excess of the amounts budgeted to those Departments each fiscal year for persons transitioning out of institutional long-term care settings under a Money Follows the Person demonstration project or initiative, as approved by the federal Centers for Medicare and Medicaid Services and codified at 20 ILCS 2407/51 et seq.;
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| (3) expenses for institutional long-term care
| | services at the Department of Healthcare and Family Services to the extent that the expenses reimbursed or paid are for services in excess of the amount budgeted to the Department each fiscal year for persons who had or otherwise were expected to transition out of institutional long-term care settings under a Money Follows the Person demonstration project or initiative, as approved by the federal Centers for Medicare and Medicaid Services and codified at 20 ILCS 2407/51 et seq.; and
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| (4) expenses, including operational, administrative,
| | and refund expenses, necessary to implement and operate a Money Follows the Person demonstration project or initiative, as approved by the federal Centers for Medicare and Medicaid Services and codified at 20 ILCS 2407/51 et seq.
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| Expenses reimbursed or paid on behalf of other agencies by the Department of Healthcare and Family Services under this subsection shall be pursuant to an interagency agreement and allowable under a Money Follows the Person demonstration project or initiative, as approved by the federal Centers for Medicare and Medicaid Services and codified at 20 ILCS 2407/51 et seq.
(Source: P.A. 103-8, eff. 6-7-23.)
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305 ILCS 5/12-10.8
(305 ILCS 5/12-10.8)
Sec. 12-10.8. (Repealed).
(Source: P.A. 95-707, eff. 1-11-08. Repealed by P.A. 97-820, eff. 7-17-12.)
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305 ILCS 5/12-10.9
(305 ILCS 5/12-10.9)
Sec. 12-10.9. (Repealed).
(Source: P.A. 95-744, eff. 7-18-08. Repealed by P.A. 97-820, eff. 7-17-12.)
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305 ILCS 5/12-10.10 (305 ILCS 5/12-10.10) Sec. 12-10.10. HFS Technology Initiative Fund. (a) The HFS Technology Initiative Fund is hereby created as a trust fund within the State treasury with the State Treasurer as the ex-officio custodian of the Fund. (b) The Department of Healthcare and Family Services may accept and receive grants, awards, gifts, bequests, or other moneys from any source, public or private, in support of information technology initiatives. Those moneys received in support of information technology initiatives, and any interest earned thereon, shall be deposited into the HFS Technology Initiative Fund. (c) Moneys in the Fund may be used by the Department of Healthcare and Family Services for the purpose of making grants associated with the development and implementation of information technology projects or paying for operational expenses of the Department of Healthcare and Family Services related to such projects. The Department of Healthcare and Family Services may use moneys in the Fund to pay for administrative, operational, and project expenses of the Illinois Health and Human Services Innovation Incubator (HHSi2) project. Notwithstanding any provision of law to the contrary, the Department of Human Services shall have the authority to satisfy all Fiscal Year 2023 outstanding expenditure obligations or liabilities payable from the Fund pursuant to Section 25 of the State Finance Act. (d) The Department of Healthcare and Family Services, in consultation with the Department of Innovation and Technology, shall use the funds deposited into the HFS Technology Initiative Fund to pay for information technology solutions either provided by Department of Innovation and Technology or arranged or coordinated by the Department of Innovation and Technology.
(Source: P.A. 103-8, eff. 7-1-23.) |
305 ILCS 5/12-11
(305 ILCS 5/12-11) (from Ch. 23, par. 12-11)
Sec. 12-11. Deposits by State Treasurer. The State Treasurer shall
deposit moneys received by him as ex-officio custodian of the Child
Support Enforcement Trust Fund and the DHS Special Purposes Trust Fund in
banks or savings and loan associations which have been approved by him
as State Depositaries under the Deposit of State Moneys Act, and
with respect to such moneys shall be entitled to the
same rights and privileges as are provided by such Act with
respect to moneys in the treasury of the State of Illinois.
(Source: P.A. 99-933, eff. 1-27-17.)
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305 ILCS 5/12-12
(305 ILCS 5/12-12) (from Ch. 23, par. 12-12)
Sec. 12-12. Collection of claims; enforcement of penalty provisions. (a) The Illinois Department shall pursue the legal procedure necessary to
collect the claims and enforce the penalty provisions provided in any
Section or Article of this Code relative to applicants and recipients of
public aid. The Attorney General, at the request of the Illinois
Department, shall take the necessary proceedings and represent the
Illinois Department in any matter arising in connection with such claims
or enforcement of penalty provisions. (b) In matters concerning the recovery of overpayments for benefits provided by the Department of Human Services, the Department shall send a recipient written notice and a demand for payment of any amount in overpaid benefits owed within 5 years after the Department's right to collect the overpayment first accrued. The Department of Human Services shall issue such notice by certified mail to the recipient's last known mailing address. Actions brought under this subsection by the Attorney General for the recovery of overpayments shall be commenced within 10 years after the date upon which such notice was sent.
(Source: P.A. 103-485, eff. 1-1-24 .)
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305 ILCS 5/12-12.1
(305 ILCS 5/12-12.1)
Sec. 12-12.1.
Deadbeats most wanted list.
(a) The Director may disclose a "deadbeats most wanted list" of
individuals who are in arrears in their child support obligations under an
Illinois court order or administrative order. The list shall include only
those persons who are in arrears in an amount greater than $5,000 (or such
greater amount as established by the Department by rule). The list shall
not exceed 200 individuals at any point. The list shall include the
individual's name and address, the amount of any child support arrearage,
and any other information deemed appropriate by the Department.
(b) At least 90 days before the disclosure under subsection (a) of the
name of an individual who is in arrears in his or her child support
obligations, the Director shall mail a written notice to the individual by
certified mail addressed to the individual's last known address. The notice
shall detail the amount of the arrearage and the Department's intent to
disclose the arrearage. If the arrearage is not paid 60 days after the notice
was delivered to the individual or the Department has been notified that
delivery was refused, and the individual has not, since the mailing of the
notice, entered into a written agreement with the Department for payment
of the arrearage, the Director may disclose the individual's arrearage under
subsection (a).
(c) An individual in arrears in his or her child support obligations
under an Illinois court order or administrative order is not subject to
disclosure under subsection (a) if (1) a written agreement for payment
exists between the individual and the Department or (2) the arrearage is
the subject of an administrative hearing, administrative review, or judicial
review.
(d) The list shall be available for public inspection at the Department
or by other means of publication, including the Internet.
(e) A disclosure made by the Director in a good faith effort to
comply with this Section may not be considered a violation of any
confidentiality laws.
(Source: P.A. 92-373, eff. 7-1-02.)
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305 ILCS 5/12-13 (305 ILCS 5/12-13) (from Ch. 23, par. 12-13)
Sec. 12-13. Rules and regulations. The Department shall make all rules and
regulations and take such action as may be necessary or desirable for carrying
out the provisions of this Code, to the end that its spirit and purpose may be
achieved and the public aid programs administered efficiently throughout the
State. However, the rules and regulations shall not provide that payment for
services rendered to a specific recipient by (i) a person licensed under
the
Medical Practice Act of 1987, whether under a general or limited license,
(ii) a
person licensed or registered under other laws of this State to provide dental,
optometric, or pediatric care,
or (iii) a licensed clinical social worker
may be authorized only when services are
recommended for that recipient by a person licensed to practice medicine in all
its branches.
Whenever a rule of the Department requires that an applicant or
recipient verify information submitted to the Department, the rule, in
order to make the public fully aware of what information is required for
verification, shall specify the acceptable means of verification or shall
list examples of acceptable means of verification.
The provisions of the Illinois Administrative Procedure Act are hereby
expressly adopted and incorporated herein, and shall apply to all
administrative rules and procedures of the Illinois Department under this Act,
except that Section 5-35 of the Illinois Administrative Procedure Act relating
to procedures for rule-making does not apply to the adoption of any rule
required by federal law in connection with which the Illinois Department is
precluded by law from exercising any discretion, and the requirements of the
Administrative Procedure Act with respect to contested cases are not applicable
to (1) hearings involving eligibility of applicants or recipients of public
aid or (2) support hearings involving responsible relatives.
(Source: P.A. 95-518, eff. 8-28-07.)
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305 ILCS 5/12-13.05
(305 ILCS 5/12-13.05)
Sec. 12-13.05. Rules for Temporary Assistance for Needy Families.
All rules regulating the Temporary Assistance for Needy Families program and
all other rules regulating the amendatory changes to this Code made by this
amendatory Act of 1997 shall be promulgated pursuant to this Section.
(Source: P.A. 94-416, eff. 1-1-06.)
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305 ILCS 5/12-13.1
(305 ILCS 5/12-13.1)
Sec. 12-13.1. Inspector General.
(a) The Governor shall appoint, and the Senate shall confirm, an Inspector
General who shall function within the Illinois Department of Public Aid (now Healthcare and Family Services) and
report to the Governor. The term of the Inspector General shall expire on the
third Monday of January, 1997 and every 4 years thereafter.
(b) In order to prevent, detect, and eliminate fraud, waste, abuse,
mismanagement, and misconduct, the Inspector General shall oversee the
Department of Healthcare and Family Services' and the Department on Aging's integrity
functions, which include, but are not limited to, the following:
(1) Investigation of misconduct by employees, | | vendors, contractors and medical providers, except for allegations of violations of the State Officials and Employees Ethics Act which shall be referred to the Office of the Governor's Executive Inspector General for investigation.
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(2) Prepayment and post-payment audits of medical
| | providers related to ensuring that appropriate payments are made for services rendered and to the prevention and recovery of overpayments.
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(3) Monitoring of quality assurance programs
| | administered by the Department of Healthcare and Family Services and the Community Care Program administered by the Department on Aging.
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|
(4) Quality control measurements of the programs
| | administered by the Department of Healthcare and Family Services and the Community Care Program administered by the Department on Aging.
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|
(5) Investigations of fraud or intentional program
| | violations committed by clients of the Department of Healthcare and Family Services and the Community Care Program administered by the Department on Aging.
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(6) Actions initiated against contractors, vendors,
| | or medical providers for any of the following reasons:
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|
(A) Violations of the medical assistance program
| | and the Community Care Program administered by the Department on Aging.
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(B) Sanctions against providers brought in
| | conjunction with the Department of Public Health or the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities).
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(C) Recoveries of assessments against hospitals
| | and long-term care facilities.
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|
(D) Sanctions mandated by the United States
| | Department of Health and Human Services against medical providers.
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(E) Violations of contracts related to any
| | programs administered by the Department of Healthcare and Family Services and the Community Care Program administered by the Department on Aging.
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(7) Representation of the Department of Healthcare
| | and Family Services at hearings with the Illinois Department of Financial and Professional Regulation in actions taken against professional licenses held by persons who are in violation of orders for child support payments.
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(b-5) At the request of the Secretary of Human Services, the Inspector
General shall, in relation to any function performed by the Department of Human
Services as successor to the Department of Public Aid, exercise one or more
of the powers provided under this Section as if those powers related to the
Department of Human Services; in such matters, the Inspector General shall
report his or her findings to the Secretary of Human Services.
(c) Notwithstanding, and in addition to, any other
provision of law, the Inspector General shall have access to all information, personnel
and facilities of the
Department of Healthcare and Family Services and the Department of
Human Services (as successor to the Department of Public Aid), their employees, vendors, contractors and medical providers and any federal,
State or local governmental agency that are necessary to perform the duties of
the Office as directly related to public assistance programs administered by
those departments. No medical provider shall
be compelled, however, to provide individual medical records of patients who
are not clients of the programs administered by the Department of Healthcare and
Family Services. State and local
governmental agencies are authorized and directed to provide the requested
information, assistance or cooperation.
For purposes of enhanced program integrity functions and
oversight, and to the extent consistent with applicable
information and privacy, security, and disclosure laws, State
agencies and departments shall provide the Office of Inspector General access to confidential and other information and data, and the Inspector General is authorized to enter into agreements with appropriate federal agencies and departments to secure similar data. This includes, but is not limited to, information pertaining to: licensure; certification; earnings; immigration status; citizenship; wage reporting; unearned and earned income; pension income;
employment; supplemental security income; social security
numbers; National Provider Identifier (NPI) numbers; the
National Practitioner Data Bank (NPDB); program and agency
exclusions; taxpayer identification numbers; tax delinquency;
corporate information; and death records.
The Inspector General shall enter into agreements with State agencies and departments, and is authorized to enter into agreements with federal agencies and departments, under which such agencies and departments shall share data necessary for medical assistance program integrity functions and oversight. The Inspector General shall enter into agreements with State agencies and departments, and is authorized to enter into agreements with federal agencies and departments, under which such agencies shall share data necessary for recipient and vendor screening, review, and investigation, including but not limited to vendor payment and recipient eligibility verification. The Inspector General shall develop, in cooperation with other State and federal agencies and departments, and in compliance with applicable federal laws and regulations, appropriate and effective
methods to share such data. The Inspector General shall enter into agreements with State agencies and departments, and is authorized to enter into agreements with federal agencies and departments, including, but not limited to: the Secretary of State; the
Department of Revenue; the Department of Public Health; the
Department of Human Services; and the Department of Financial and Professional Regulation.
The Inspector General shall have the authority to deny payment, prevent overpayments, and recover overpayments.
The Inspector General shall have the authority to deny or
suspend payment to, and deny, terminate, or suspend the
eligibility of, any vendor who fails to grant the Inspector
General timely access to full and complete records, including records of recipients under the medical assistance program for the most recent 6 years, in accordance with Section 140.28 of Title 89 of the Illinois Administrative Code, and other information for the purpose of audits, investigations, or other program integrity functions, after reasonable written request by the Inspector General.
(d) The Inspector General shall serve as the
Department of Healthcare and Family Services'
primary liaison with law enforcement,
investigatory and prosecutorial agencies, including but not limited to the
following:
(1) The Department of State Police.
(2) The Federal Bureau of Investigation and other
| | federal law enforcement agencies.
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(3) The various Inspectors General of federal
| | agencies overseeing the programs administered by the Department of Healthcare and Family Services.
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(4) The various Inspectors General of any other State
| | agencies with responsibilities for portions of programs primarily administered by the Department of Healthcare and Family Services.
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(5) The Offices of the several United States
| |
(6) The several State's Attorneys.
(7) The offices of the Centers for Medicare and
| | Medicaid Services that administer the Medicare and Medicaid integrity programs.
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| The Inspector General shall meet on a regular basis with these entities to
share information regarding possible misconduct by any persons or entities
involved with the public aid programs administered by the Department
of Healthcare and Family Services.
(e) All investigations conducted by the Inspector General shall be conducted
in a manner that ensures the preservation of evidence for use in criminal
prosecutions. If the Inspector General determines that a possible criminal act
relating to fraud in the provision or administration of the medical assistance
program has been committed, the Inspector General shall immediately notify the
Medicaid Fraud Control Unit. If the Inspector General determines that a
possible criminal act has been committed within the jurisdiction of the Office,
the Inspector General may request the special expertise of the Department of
State Police. The Inspector General may present for prosecution the findings
of any criminal investigation to the Office of the Attorney General, the
Offices of the several United States Attorneys in Illinois or the several
State's Attorneys.
(f) To carry out his or her duties as described in this Section, the
Inspector General and his or her designees shall have the power to compel
by subpoena the attendance and testimony of witnesses and the production
of books, electronic records and papers as directly related to public
assistance programs administered by the Department of Healthcare and Family Services or
the Department of Human Services (as successor to the Department of Public
Aid). No medical provider shall be compelled, however, to provide individual
medical records of patients who are not clients of the Medical Assistance
Program.
(g) The Inspector General shall report all convictions, terminations, and
suspensions taken against vendors, contractors and medical providers to the
Department of Healthcare and Family Services and to any agency responsible for
licensing or regulating those persons or entities.
(h) The Inspector General shall make annual
reports, findings, and recommendations regarding the Office's investigations
into reports of fraud, waste, abuse, mismanagement, or misconduct relating to
any programs administered by the Department
of Healthcare and Family Services or the Department of Human Services (as successor to the
Department of Public Aid) to the General Assembly and the Governor. These
reports shall include, but not be limited to, the following information:
(1) Aggregate provider billing and payment
| | information, including the number of providers at various Medicaid earning levels.
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(2) The number of audits of the medical assistance
| | program and the dollar savings resulting from those audits.
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(3) The number of prescriptions rejected annually
| | under the Department of Healthcare and Family Services' Refill Too Soon program and the dollar savings resulting from that program.
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(4) Provider sanctions, in the aggregate, including
| | terminations and suspensions.
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(5) A detailed summary of the investigations
| | undertaken in the previous fiscal year. These summaries shall comply with all laws and rules regarding maintaining confidentiality in the public aid programs.
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(i) Nothing in this Section shall limit investigations by the
Department of Healthcare and Family Services or the Department of Human Services that may
otherwise be required by law or that may be necessary in their capacity as the
central administrative authorities responsible for administration of their agency's
programs in this
State.
(j) The Inspector General may issue shields or other distinctive identification to his or her employees not exercising the powers of a peace officer if the Inspector General determines that a shield or distinctive identification is needed by an employee to carry out his or her responsibilities.
(Source: P.A. 97-689, eff. 6-14-12; 98-8, eff. 5-3-13.)
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305 ILCS 5/12-13.2
(305 ILCS 5/12-13.2)
Sec. 12-13.2.
Two-year financial plans.
(a) On or before September 30, 1994, the Illinois Department shall submit to
the
General Assembly an initial 2-year financial plan with respect to the Illinois
Department's administration and financing of the State's Medicaid program for
fiscal years 1995 and 1996. The Illinois Department shall submit subsequent
2-year financial plans in accordance with this Section. Beginning with
fiscal year 1997, and every second fiscal year thereafter, the Illinois
Department shall submit a financial plan covering a period of 2 fiscal years
not
later than March 1 before the commencement of the first fiscal year to which
the financial plan relates. Each financial plan shall be submitted in
accordance with the procedures set forth in this Section.
(b) Each financial plan for each fiscal year to which it relates shall
contain a description of revenues, liabilities, expenditures, appropriations,
and cash resources and uses.
(c) The Illinois Department shall regularly reexamine the revenue and
expenditure estimates on which each financial plan was based and revise them
as
necessary. The Illinois Department shall promptly notify the General Assembly
of any material change in the revenue or expenditure estimates in the financial
plan. The Illinois Department shall submit to the General Assembly modified
financial plans based on revised revenue or expenditure estimates or for any
other good reason.
(Source: P.A. 88-554, eff. 7-26-94.)
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305 ILCS 5/12-13.3
(305 ILCS 5/12-13.3)
Sec. 12-13.3.
Transitional jobs; pilot program.
Subject to appropriations
or other funding, the Department of Human
Services may establish a pilot program to place hard-to-employ persons,
including
persons who have been released from a county jail or a facility under the
jurisdiction of
the Department of Corrections, in jobs. By rule, the Department shall determine
the
location in which the pilot program is to be implemented and the services to be
provided.
In determining locations for the pilot program, however, the Department shall
give priority to areas of the State in which the concentration of released
offenders is the highest.
The Department may consult with the Department of Corrections in establishing
the pilot
program.
(Source: P.A. 93-208, eff. 7-18-03.)
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305 ILCS 5/12-13.4 (305 ILCS 5/12-13.4) Sec. 12-13.4. Materials on nutritional health. The Department of Human Services, in cooperation with the Department of Public Health, shall develop materials and resources on nutritional health for distribution to new enrollees in the TANF program under Article IV and the Food Stamp program. The Department of Public Health shall develop a video presentation on nutritional health to be shown to new enrollees in the TANF program under Article IV and the Food Stamp program. The Department of Human Services shall develop the materials and resources within 6 months after the effective date of this amendatory Act of the 94th General Assembly and shall provide those materials and resources to all persons who enroll in the TANF program and the Food Stamp program after the materials and resources are developed.
(Source: P.A. 94-433, eff. 1-1-06.) |
305 ILCS 5/12-14.1
(305 ILCS 5/12-14.1) (from Ch. 23, par. 12-14.1)
Sec. 12-14.1.
Audit by Auditor General.
The Auditor General shall conduct
a post audit to determine if the Department has complied with the requirements
of Section 5-5.9 of this Code. The audit required by this Section shall
be in accordance with and subject to the Illinois State Auditing Act as
now and hereafter amended. The Legislative Audit Commission, by resolution,
may make additions or clarifications to the scope or coverage of the audit
required by this Section.
(Source: P.A. 82-664.)
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305 ILCS 5/12-15
(305 ILCS 5/12-15) (from Ch. 23, par. 12-15)
Sec. 12-15.
Civil Recoveries.
Any person, firm, corporation, association, agency, institution or other
legal entity who, without intent to violate this Code, obtains benefits
or payments under this Code to which he or it is not entitled, or in a greater
amount than that to which he or it is entitled shall be liable for any excess
benefits or payments received.
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 under this Code to which a person or entity is not entitled.
(Source: P.A. 82-440.)
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305 ILCS 5/12-16
(305 ILCS 5/12-16) (from Ch. 23, par. 12-16)
Sec. 12-16. Public Aid Claims Enforcement Division of Office of Attorney
General. The Public Aid Claims Enforcement Division in the Office of the
Attorney General, established pursuant to the 1949 Code, shall institute in
behalf of the State all court actions referred to it by the Department of Healthcare and Family Services (formerly Illinois Department
of Public Aid) or the Department of Human Services (as successor to the
Illinois Department of Public Aid) under this Code and other laws for the
recovery of financial aid provided under the public aid programs, the
enforcement of obligations of support, and the enforcement of other claims,
penalties and obligations.
The Division shall be staffed with attorneys appointed by the Attorney
General as Special Assistant Attorneys' General whose special duty it shall be
to execute the aforesaid duties. The Assistant Attorneys' General shall be
assigned exclusively to such duties. They may engage only in such political
activities as are not prohibited by the Hatch Political Activity Act, Title 5,
U.S.C.A., Sections 118i et seq.
The Attorney General may request the appropriate State's Attorney of a county
or staff of the Child and Spouse Support Unit established under Section 10-3.1
of this Code to institute any such action in behalf of the State or to assist
the Attorney General in the prosecution of actions instituted by his Office.
(Source: P.A. 95-331, eff. 8-21-07.)
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305 ILCS 5/12-17
(305 ILCS 5/12-17) (from Ch. 23, par. 12-17)
Sec. 12-17.
(Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-17.1
(305 ILCS 5/12-17.1) (from Ch. 23, par. 12-17.1)
Sec. 12-17.1.
(Repealed).
(Source: P.A. 88-412. Repealed by P.A. 92-111, eff.
1-1-02.)
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305 ILCS 5/12-17.2
(305 ILCS 5/12-17.2) (from Ch. 23, par. 12-17.2)
Sec. 12-17.2.
(Repealed).
(Source: Repealed by P.A. 88-412.)
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305 ILCS 5/12-17.3
(305 ILCS 5/12-17.3) (from Ch. 23, par. 12-17.3)
Sec. 12-17.3.
(Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-17.4
(305 ILCS 5/12-17.4) (from Ch. 23, par. 12-17.4)
Sec. 12-17.4.
(Repealed).
(Source: P.A. 90-655, eff. 7-30-98. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-17.5
(305 ILCS 5/12-17.5) (from Ch. 23, par. 12-17.5)
Sec. 12-17.5.
(Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-18
(305 ILCS 5/12-18) (from Ch. 23, par. 12-18)
Sec. 12-18.
(Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-18.1
(305 ILCS 5/12-18.1) (from Ch. 23, par. 12-18.1)
Sec. 12-18.1.
(Repealed).
(Source: P.A. 88-412. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-18.1a
(305 ILCS 5/12-18.1a) (from Ch. 23, par. 12-18.1a)
Sec. 12-18.1a.
(Repealed).
(Source: P.A. 77-352. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-18.2
(305 ILCS 5/12-18.2) (from Ch. 23, par. 12-18.2)
Sec. 12-18.2.
(Repealed).
(Source: P.A. 81-1085. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-18.3
(305 ILCS 5/12-18.3) (from Ch. 23, par. 12-18.3)
Sec. 12-18.3.
(Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-18.4
(305 ILCS 5/12-18.4) (from Ch. 23, par. 12-18.4)
Sec. 12-18.4.
(Repealed).
(Source: P.A. 81-1509. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-18.5
(305 ILCS 5/12-18.5) (from Ch. 23, par. 12-18.5)
Sec. 12-18.5.
(Repealed).
(Source: P.A. 78-363. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-18.6
(305 ILCS 5/12-18.6) (from Ch. 23, par. 12-18.6)
Sec. 12-18.6.
(Repealed).
(Source: P.A. 81-230. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-18.8
(305 ILCS 5/12-18.8) (from Ch. 23, par. 12-18.8)
Sec. 12-18.8.
(Repealed).
(Source: P.A. 78-363. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-18.9
(305 ILCS 5/12-18.9) (from Ch. 23, par. 12-18.9)
Sec. 12-18.9.
(Repealed).
(Source: P.A. 78-363. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-19
(305 ILCS 5/12-19) (from Ch. 23, par. 12-19)
Sec. 12-19.
County
welfare services committees; membership.
If a county welfare services committee is formed in a county of less than 3,000,000 population, the committee may consist of not more than 10 members appointed by the Illinois
Department and the following members, ex-officio: the state's attorney
and
the chairman of the county board. The terms of the state's
attorney and the chairman of the county board shall be co-extensive with
their terms of office. The terms of the Illinois Department appointees
shall be as specified in this Section.
In counties of 3,000,000 or more population, if a county
welfare services
committee is formed, it may consist of not more than 33
members appointed by the Illinois Department
and the president of the county board of commissioners, ex-officio. The
term of the president of the county board of commissioners shall be
co-extensive with his term of office. The terms of the Illinois Department
appointees shall be as specified in this Section.
The Illinois Department shall make its appointments from a list of
nominees submitted with the advice and consent of the county board by the
presiding officer of the county board of each county. If the county board
fails or refuses to submit a list of nominees, the Illinois Department may
make appointments from among the residents of the county.
The Illinois Department and the county boards shall include a balanced
representation of recipients, service providers, representatives of community
and welfare advocacy groups, representatives of local governments dealing
with public aid, and representatives of the general public on all county
welfare services committees appointed by the Illinois Department or on lists
of nominees submitted by the presiding officers of the county boards.
(Source: P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-19.1
(305 ILCS 5/12-19.1) (from Ch. 23, par. 12-19.1)
Sec. 12-19.1.
Appointments-Terms-Vacancy.
In counties of less than 3 million population, the Illinois Department
shall appoint 3 members of the County Welfare Services Committee on July 1,
1967; 4 members on July 1, 1968; and 3 members on July 1, 1969, as
successors respectively to the members whose terms expire on such dates. In
counties of 3 million or more population, the Illinois Department shall
appoint 4 members of the Committee on July 1, 1967; 4 on July 1, 1968; and
4 on July 1, 1969, as successors respectively to the members whose terms
expire on such dates, and shall on July 1, 1971, appoint 25 members, 7 of
whom shall serve for a term of 1 year, 7 of whom shall serve for 2 years,
and 11 of whom shall serve for 3 years as designated by the Illinois
Department at the time of appointment. Thereafter, upon the expiration of
any term, successors shall be appointed in like manner as the original
appointees, for a term of 3 years and until their successors are appointed.
Vacancies in office shall be filled in like manner as original appointments
but appointment shall be only for the remainder of the term of the vacancy.
(Source: P.A. 77-522.)
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305 ILCS 5/12-19.2
(305 ILCS 5/12-19.2) (from Ch. 23, par. 12-19.2)
Sec. 12-19.2.
Organization of committee.
The county welfare services committee, at its first meeting in each
calendar year, shall organize by electing from its membership a chairman and
vice chairman. These officers shall serve a
term of one year and until their successors are elected but neither may
serve more than 3 consecutive terms. The Department of Human Services local
office administrator shall act as the executive secretary of the committee and assist it in
fulfilling its responsibilities in the manner the committee
designates. The committee may request the assistance of other members of the
staff of the County Department to perform duties the committee
designates. The committee shall provide rules for transacting its business
and keeping records thereof. It shall hold as many meetings during each
calendar year as may be necessary to fulfill committee responsibilities. In
counties of less than 3,000,000 population, meetings may be
called by the
chairman or any 3 members. In counties of 3,000,000 or more
population,
meetings may be called by the chairman or any 11 members. The members of
the committee shall receive no compensation for their services but shall be
reimbursed for actual and necessary traveling and other expenses incurred
in the performance of their duties.
(Source: P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-19.3
(305 ILCS 5/12-19.3) (from Ch. 23, par. 12-19.3)
Sec. 12-19.3.
Information to committee.
The County Department shall furnish each member of the County Welfare
Services Committee, upon such member's request, a copy of the existing
regulations and of all changes of regulations pertaining to any of the
public aid programs, and of rulings handed down by the Illinois Department
or the courts on review, affecting or interpreting such regulations.
(Source: P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-19.4
(305 ILCS 5/12-19.4) (from Ch. 23, par. 12-19.4)
Sec. 12-19.4.
(Repealed).
(Source: P.A. 82-783. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-19.5
(305 ILCS 5/12-19.5) (from Ch. 23, par. 12-19.5)
Sec. 12-19.5.
Advisory functions; reports.
The County Welfare Services
Committee shall advise the County Department in relation to the
administration of its functions and duties. The Committee shall also advise
the Illinois Department on all matters pertaining to public aid in the
county, recommend the development of community welfare programs it may deem
necessary and stimulate community interest in these programs and their
proper organization, survey economic and social welfare conditions and
employment opportunities, and perform any other duties as the Illinois
Department may prescribe.
The Committee shall submit to the Illinois Department periodic reports
of its activities, findings, and recommendations at the times
and in the manner as the Department may direct.
The Committee shall review the quality of services provided to
recipients of and applicants for assistance and other social services and
the quality of relations between recipients and applicants and employees of
the Illinois Department and County Departments. The Committee shall report
annually to the Illinois Department its findings in these matters and its
recommendations for improvement.
(Source: P.A. 87-528.)
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305 ILCS 5/12-20
(305 ILCS 5/12-20) (from Ch. 23, par. 12-20)
Sec. 12-20.
(Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-21
(305 ILCS 5/12-21) (from Ch. 23, par. 12-21)
Sec. 12-21.
Administration in local Governmental Units.
Administration of the public aid programs for which responsibility is
vested in local governmental units under Article VI shall be in
accordance with the provisions of Sections 12-21.1 to 12-21.20,
inclusive.
However, all public aid programs which provide medical services or assistance
to non-residents of the State of Illinois which, but for the aspect of residency,
would be a township responsibility, shall be administered by the Illinois
Department pursuant to Sections 12-4 to 12-12, inclusive, of this Article,
and pursuant to the Department's authorized rules and regulations.
(Source: P.A. 81-1509.)
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305 ILCS 5/12-21.1
(305 ILCS 5/12-21.1) (from Ch. 23, par. 12-21.1)
Sec. 12-21.1.
Supervisors of general assistance in counties not under
township organization - Other staffing. In counties not under township organization,
the presiding officer of
the county board, with the advice and consent of the County Board, shall
designate a Supervisor of General Assistance for the county and appoint
such other employees as may be necessary to provide public aid under
Article VI. The County Board shall prescribe the compensation
and duties of the Supervisor and other employees.
(Source: P.A. 81-1085.)
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305 ILCS 5/12-21.2
(305 ILCS 5/12-21.2) (from Ch. 23, par. 12-21.2)
Sec. 12-21.2.
Supervisors of general assistance in counties under
township organization - Other staffing. In counties under township organization,
the supervisors of the
respective towns therein shall be ex officio Supervisors of General
Assistance of their towns. The Supervisor of General Assistance shall
appoint such other employees as may be necessary to provide public aid
under Article VI and prescribe their compensation and duties.
(Source: P.A. 81-1085.)
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305 ILCS 5/12-21.3
(305 ILCS 5/12-21.3) (from Ch. 23, par. 12-21.3)
Sec. 12-21.3.
(Repealed).
(Source: P.A. 83-333. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-21.4
(305 ILCS 5/12-21.4) (from Ch. 23, par. 12-21.4)
Sec. 12-21.4.
Supervisor of general assistance in incorporated town which has superseded
a civil township-Other staff.
In an incorporated town which has superseded a civil township, the
supervisor of such incorporated town shall be ex officio Supervisor of
General Assistance. The governing body of the incorporated town may by
ordinance provide for the appointment of other employees as may be
necessary to provide public aid under Article VI, and fix their
compensation.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/12-21.5
(305 ILCS 5/12-21.5) (from Ch. 23, par. 12-21.5)
Sec. 12-21.5.
Veterans Assistance Commission as local governmental unit.
In counties having less than 3 million inhabitants in which there is
created a County Veterans Assistance Commission, the Superintendent of
Veterans Assistance shall be selected and other employees appointed as provided
in Section 10 of the Military Veterans Assistance Act and the compensation
of the Superintendent and other employees shall be as therein provided.
(Source: P.A. 87-796.)
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305 ILCS 5/12-21.6
(305 ILCS 5/12-21.6) (from Ch. 23, par. 12-21.6)
Sec. 12-21.6.
Compensation and standards of employees of local
governmental units receiving state funds. In any local governmental unit
receiving State funds for public aid
purposes under Article VI, the number and compensation rates
and standards of competence, performance, and tenure of all employees or
other persons paid from public aid funds, including the compensation
rates of the persons serving as or designated as Supervisor of General
Assistance if such person is paid in whole or in part from public aid
funds, shall be subject to review and approval of the Illinois
Department.
(Source: P.A. 81-1085.)
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305 ILCS 5/12-21.7
(305 ILCS 5/12-21.7) (from Ch. 23, par. 12-21.7)
Sec. 12-21.7.
Limitations on political activities.
In any local governmental unit receiving State funds, each employee
whose duties pertain to determination of eligibility for or the amount
of public aid is prohibited from engaging in at any time, whether during
or outside of regular working hours, any of the following activities:
1. Using or threatening to use the influence or authority of his
position to coerce or to persuade any person to follow any course of
political action.
2. Soliciting money from any person for any political purpose.
3. Selling or distributing tickets for political meetings.
4. Assisting at the polls in behalf of any party or party-designated
candidate on any election day.
5. Initiating or circulating petitions on behalf of a candidate.
6. Distributing campaign literature or material in behalf of any
candidate.
Any employee who engages in the foregoing proscribed political
activities shall be subject to immediate discharge in accordance with
the procedures controlling his position. If an employee engages in such
activities at the request or direction of any officer or officers of the
local governmental unit, or if the governmental unit fails to initiate
procedures for the dismissal of an employee who persists in such
activities, the Illinois Department may withhold the payment of any
further State funds to the local governmental unit until the
governmental unit has established that its actions are in full accord
with the objectives of this Section.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/12-21.8
(305 ILCS 5/12-21.8) (from Ch. 23, par. 12-21.8)
Sec. 12-21.8.
Duties of supervisors of general assistance.
Except for
the Supervisor of General Assistance who is the Director of the County
Department of Public Aid, the Supervisor of General Assistance shall
receive and pay out moneys raised by taxes or allocated by the State for
public aid purposes and shall provide public aid to all persons eligible
therefor under Article VI of this Code. State and municipal funds for
General Assistance purposes in a city, village or incorporated town of
more than 500,000 population shall be received and disbursed as provided
in Section 12-10.
The Supervisor of General Assistance shall keep such records and
submit annually and at such other times as their respective county
boards, city councils, board of trustees, or board of town trustees may
require, reports relating to the administration of such public aid
programs as are the responsibility of the local governmental unit under
this Code, prepared in such form as may be directed by such agencies.
On or before the 15th day of each calendar month, Supervisors of
General Assistance shall submit to the Illinois Department full itemized
reports of all receipts and expenditures of moneys for public aid and
the costs of administration under Article VI of this Code during the
prior calendar month, together with such other reports as the Illinois
Department may require. The Illinois Department may audit the books and
records dealing with such public aid programs at such times as it deems
necessary.
(Source: P.A. 82-783.)
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305 ILCS 5/12-21.9
(305 ILCS 5/12-21.9) (from Ch. 23, par. 12-21.9)
Sec. 12-21.9.
Limitations on indebtedness.
No indebtedness shall be incurred by any Supervisor of General
Assistance in excess of taxes levied for public aid purposes and
uncollected, or for the payment of which funds are not currently available,
without the consent of the city council or board of trustees, board of town
trustees, or county board, as the case may be.
(Source: P.A. 82-783.)
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305 ILCS 5/12-21.10
(305 ILCS 5/12-21.10) (from Ch. 23, par. 12-21.10)
Sec. 12-21.10.
Default and misappropriation of funds; Removal of
supervisor; Conditions requiring appointment of interim supervisor.
If the Supervisor of General Assistance is a defaulter and in arrears
with the governmental unit, or has misused, misappropriated, or
converted to his own use or the use of any other person any of the funds
of the unit, or is guilty of any other misconduct in office, the
governing body of the governmental unit, and in the case of a township,
the board of town trustees, may remove him as Supervisor of General
Assistance and appoint a suitable person to be the supervisor therein;
provided, that for a township containing 4,000 inhabitants or more, upon
written request of the township supervisors, the board of town trustees
may appoint a Supervisor of General Assistance who is a resident of such
township, and fix his compensation and term of office, which shall not
exceed the term of the board.
If, as provided in Section 12-21.18, the Illinois Department has
ordered the withholding of State funds for failure of the governmental
unit to comply with the Department's rules and regulations, the
governing body of the governmental unit, and in the case of a township,
the board of town trustees, upon written order of the Illinois
Department shall appoint an Interim Supervisor of General Assistance,
acceptable to the Illinois Department, to serve as Supervisor of General
Assistance for the governmental unit until such time as the policies and
procedures of the unit are determined by the Department to be in
compliance with its rules. If, after a reasonable time as determined by
the Illinois Department, the governmental unit or agency to which such
order is directed fails to make an appointment, or appoints a person who
is not acceptable to the Illinois Department, the Public Aid Committee,
established under Section 11-8, of the county in which the governmental
unit is located, upon written order of the Illinois Department, shall
appoint an Interim Supervisor, which appointment shall be subject to the
approval of the Illinois Department.
The appointing authority shall fix the compensation of the Interim
Supervisor of General Assistance, subject to approval of the Illinois
Department, which shall be payable from the general assistance fund of
the local governmental unit.
An Interim Supervisor of General Assistance may be removed and
another person appointed in his place in the same manner and for the
same reasons as in the case of an initial appointment of an Interim
Supervisor.
The Illinois Department shall not order the appointment of an Interim
Supervisor of General Assistance if the local governmental unit takes
such action as the Department considers to have established satisfactory
compliance with its rules, and a reasonable time, to be determined by
the Department, shall be allowed the governmental unit to establish such
compliance.
If an Interim Supervisor of General Assistance has been appointed, he
shall exercise all the powers of that office in respect to the
administration of general assistance, and shall have the sole authority
to disburse State and local funds available for this purpose. If the
governmental unit thereafter takes such action to assure the Department
that it will comply with the Department's rules, the service of the
Interim Supervisor shall be terminated.
(Source: P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-21.11
(305 ILCS 5/12-21.11) (from Ch. 23, par. 12-21.11)
Sec. 12-21.11.
Bonds.
Every Supervisor of General Assistance, including an Interim Supervisor
of General Assistance appointed as provided in Section 12-21.10, shall
execute to the governmental unit which he serves an official bond in a
penal sum and with sureties to be fixed and approved by the governing body
thereof, and, in the case of a township, as fixed and approved by the board
of town trustees, conditioned for the faithful discharge of his duties and
the due application of all funds and property which shall come to his hands
as such Supervisor. If the local governmental unit receives State funds in
accordance with the provisions of this Code, the amount and surety of the
bond shall be subject to the further approval of the Illinois Department.
(Source: P.A. 82-783.)
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305 ILCS 5/12-21.12
(305 ILCS 5/12-21.12) (from Ch. 23, par. 12-21.12)
Sec. 12-21.12.
Actions against local governmental units - Intervention
of Attorney General. In any action against a local governmental unit to recover
expenditures alleged to be the responsibility of the governmental unit
under Article VI of this Code, the Supervisor of General
Assistance of such governmental unit shall notify the Illinois
Department of the filing of the action. If the governmental unit was a
recipient of State funds for public aid purposes during all or part of
the period of the expenditures for which the action is brought, or if,
as a result of the action, the governmental unit may qualify for and
request State funds, the Attorney General shall be permitted to
intervene and participate in the action in order to protect the State's
interest therein.
(Source: P.A. 81-1085.)
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305 ILCS 5/12-21.13
(305 ILCS 5/12-21.13) (from Ch. 23, par. 12-21.13)
Sec. 12-21.13.
Local funds required to qualify for state aid.
To qualify
for State funds to supplement local funds for public aid purposes, a local
governmental unit shall, except as hereinafter provided, levy within the
time that such levy is authorized to be made a tax of an amount which, when
added to the unobligated balance available for such purposes at the close
of the fiscal year preceding the fiscal year for which the tax is levied
will equal .10% of the last known total equalized value of all taxable
property in the governmental unit.
In a county of less than 3 million population in which there is
created a County Veterans Assistance Commission, the county shall levy
for assistance to military veterans and their families, within the
time that such levy is authorized to be made, a tax of an amount which,
when added to the unobligated balance available for such purpose at the
close of the preceding fiscal year will equal .02% of the last known
assessed value of the taxable property in the county, or which will
equal .03% of such assessed value if such higher amount is authorized by
the electors of the county, as provided in Section 5-2006 of the Counties
Code.
If, however, at the latest date in the year on which the aforesaid
taxes are authorized to be levied there is in the unobligated balance of
the local governmental unit an amount equal to .10%, or .02% in the case
of Veterans' Assistance, of the last known total equalized value of all
taxable property in the governmental unit, then no tax need be levied in
that year in order for the local governmental unit to qualify for State
funds.
In determining the amount of the unobligated balance which is to be
applied in producing the required levy for receipt of State funds, or
which is to be applied in determining whether a tax levy is required,
there shall be deducted from the gross unobligated balance of funds
available at the close of the preceding fiscal year the total amount of
State funds allocated to the governmental unit during that year and the
total amount of any monies transferred to a township's general town fund
under Section 235-20 of the Township Code
during that year, and
only the remainder shall be considered in determining the amount of the
deficiency needed to produce an amount equal to the qualifying levy for
the current year.
(Source: P.A. 87-796; 88-670, eff. 12-2-94.)
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305 ILCS 5/12-21.14
(305 ILCS 5/12-21.14) (from Ch. 23, par. 12-21.14)
Sec. 12-21.14.
Requirements; review by Illinois
Department; allocations. The County Board of each county or a duly
appointed committee thereof, or any other county agency designated by
the County Board, shall by the last day of each month submit to
the Illinois Department an itemized statement showing, for all local
governmental units therein except a city, village or incorporated town
of more than 500,000 population, assistance
furnished in the county under Article VI of this Code during the previous
month and the expenses for the administration thereof, and the actual
revenues available through taxation by the
local governmental
units. If the Illinois
Department has reason to believe that the amounts submitted by any
county are excessive, it may require appropriate officials of the county
to appear before it and substantiate the amounts to the satisfaction
of the Department.
The Illinois Department shall review these amounts and shall
determine and allocate to the several counties the amounts necessary to
supplement local funds actually available for public aid purposes. There
shall be a yearly reconciliation of amounts allocated to the local
governmental units by the Illinois Department to supplement local
funds.
If, because of circumstances beyond the local governmental unit's
control, such as a sudden caseload increase or an unexpected increase in
the administrative expenses, a local governmental unit has insufficient
local funds actually available to furnish assistance or pay administrative
expenses, the Illinois Department shall provide a special allocation of
funds to the local governmental unit to meet the need. In calculating the
need for a special allocation, the Illinois Department shall take into
consideration the amount of funds legally available from the taxes levied
by the local governmental unit for public aid purposes and any available
unobligated balances.
If a local governmental unit has not received State funds for public
aid purposes for at least 84 consecutive months immediately prior to its
request for State funds, the Illinois Department shall not consider as a
legally available resource of the governmental unit public aid funds, or
the proceeds of public aid taxes and tax anticipation warrants which may
have been transferred or expended during such period for other purposes.
Except as hereinafter provided, State allocations shall be paid to
the County Treasurer for disbursement to local governmental units as
certified by the Illinois Department. Until January 1, 1974, moneys
allocated by the Illinois Department for General Assistance purposes in
a city, village or incorporated town of more than 500,000 population and
moneys received from the Treasurer of the municipality from taxes levied
for General Assistance purposes in the municipality and other moneys and
funds designated in Section 11-43-2 of the Illinois Municipal Code shall
be paid into the special fund established by the County Treasurer of the
county in which the municipality is located and retained for
disbursement by the Director of the County Department of Public Aid
serving as Supervisor of General Assistance for the municipality.
On January 1, 1974, or as soon thereafter as is feasible but not
later than January 1, 1975, the County Treasurer shall transfer to the
Special Purposes Trust Fund (now known as the DHS Special Purposes Trust Fund) established by Section 12-10 of this Code
all State and municipal moneys remaining in or due to the special fund
of the County Treasury. After December 31, 1973, but not later than June
30, 1979, State allocations and municipal funds for General Assistance
purposes in such a municipality, and other moneys and funds designated
by Section 11-43-2 of the Illinois Municipal Code, shall be paid into
the Special Purposes Trust Fund (now known as the DHS Special Purposes Trust Fund) and disbursed as provided in Section
12-10. State and municipal moneys paid into the Special Purposes Trust
Fund (now known as the DHS Special Purposes Trust Fund) under the foregoing provision shall be used exclusively for (1)
furnishing General Assistance within the municipality; (2) the payment
of administrative costs; and (3) the payment of warrants issued against
and in anticipation of taxes levied by the municipality for General
Assistance purposes, and the accrued interest thereon. After June 30,
1979, moneys and funds designated by Section 11-43-2 of the Illinois
Municipal Code, shall be paid into the General Revenue Fund as
reimbursement for appropriated funds disbursed.
(Source: P.A. 99-933, eff. 1-27-17.)
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305 ILCS 5/12-21.16
(305 ILCS 5/12-21.16) (from Ch. 23, par. 12-21.16)
Sec. 12-21.16.
Administrative costs.
In any local governmental unit receiving State funds, moneys expended
for costs of administration, exclusive of any compensation paid to the
Supervisor of General Assistance from funds other than public aid funds,
shall not exceed amounts which have been submitted to and approved by the
Illinois Department.
If a local governmental unit is a participating municipality in the
Illinois Municipal Retirement Fund created by Article 7 of the "Illinois
Pension Code", its estimate of administrative expenses may include amounts
required as contributions by the governmental unit in behalf of its
employees engaged in the administration of public aid for retirement
annuity purposes for current service rendered by such employees on and
after July 1, 1953, provided the governmental unit has levied a tax at a
rate not less than one-half the maximum rate authorized under Section 7-171
of the aforesaid Article.
Contributions for retirement annuity purposes of
employees of the County Department engaged in administration of General
Assistance for such a municipality shall be met from funds appropriated for
the State contribution to the State Employees Retirement System under
Article 14 of the "Illinois Pension Code".
The contributions of a governmental unit for retirement annuity purposes
which are authorized to be included in estimates of administrative expenses
shall include Social Security contributions for which the unit is obligated
under the Illinois Municipal Retirement Fund created by Article 7 of the
Illinois Pension Code, or if the governmental unit is not a participating
municipality in that Fund, the Social Security contributions for which it
is obligated pursuant to an agreement executed under Article 21 of the
Illinois Pension Code. In like manner, if the retirement fund established
under Article 9 of the Illinois Pension Code becomes obligated for Social
Security employer contributions, the estimated expenses of the County
Department may include the Social Security contributions together with the
regular contributions for which the county is obligated.
A local governmental unit receiving State funds may include in its
estimate of administrative expenses obligations assumed by it for insurance
premiums or charges for group life or health insurance, or both, for
employees of the local governmental unit, for any such employees who retire
or who had retired on or after January 1, 1966, and for dependents
receiving an annuity as survivors of such employees or retired employees if
the governmental unit has so acted under Section 3 of "An Act defining the
powers and duties of local governmental agencies to pay premiums and costs
or portions thereof, and to withhold parts of employee and elected or
appointed official compensation to provide insurance or retirement benefits
for employees and appointed or elected officials", approved August 16,
1963, as amended, or has so acted in exercise of its powers as a home rule
unit. The amount included for this purpose in the estimate of
administrative expenses shall not exceed the comparable insurance premiums
or charges per employee, retiree, or survivor currently paid by the State
of Illinois for State employees under the "State Employees Group Insurance
Act of 1971".
(Source: P.A. 78-1297.)
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305 ILCS 5/12-21.17
(305 ILCS 5/12-21.17) (from Ch. 23, par. 12-21.17)
Sec. 12-21.17.
Supervision by Illinois Department.
If a local governmental
unit receives State funds for public aid
purposes under Article VI its administration, including the use of local
resources, shall be subject to the supervision and the rules and
regulations of the Illinois Department. The Department shall also
supervise the setting of the local uniform budget standard and its
enforcement.
Such units and the officers thereof shall deliver to the Illinois
Department for examination and inspection all books, records, accounts,
and other documents which the Department requires.
(Source: P.A. 81-1085.)
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305 ILCS 5/12-21.18
(305 ILCS 5/12-21.18) (from Ch. 23, par. 12-21.18)
Sec. 12-21.18.
Non-compliance with rules of the Illinois Department.
If a local governmental unit subject to the supervision of the Illinois
Department is, in the determination of the Department, refusing or failing
to comply with the Department's rules and regulations, the Illinois
Department shall give notice promptly by United States registered or
certified mail to the Supervisor of General Assistance or other proper
officer of such unit of the rules which are not being observed and give the
governmental unit or its designated representative an opportunity to appear
before it and substantiate its position in respect to the rule or rules at
issue.
If within 5 days after such notice, the local governmental unit
continues to refuse or fails to comply with the Department's rules, or
fails to avail itself of the opportunity offered for a hearing before the
Department, the Department shall instruct the County Treasurer of the
County in which the governmental unit is located to withhold the payment of
any further State funds until he receives notice from the Department to
release the funds.
The Illinois Department may suspend an order for the withholding of
funds (1) if the governmental unit takes such action as the Department
considers to have established satisfactory compliance with its rules or (2)
upon appointment of an Interim Supervisor of General Assistance, as
directed by the provisions of Section 12-21.10.
The provisions of the Administrative Review Law,
as amended, and the rules adopted pursuant thereto, shall apply to and
govern proceedings for the judicial review of final administrative
decisions of the Illinois Department under this Section. The term
"administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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305 ILCS 5/12-21.20
(305 ILCS 5/12-21.20) (from Ch. 23, par. 12-21.20)
Sec. 12-21.20.
Destruction of Obsolete Records.
Obsolete records, documents,
papers, and memoranda pertaining to
public aid under Article VI may be destroyed or otherwise
disposed of by local governmental units at any time subsequent to the
expiration of 5 years after the matters to which they relate have been
concluded.
(Source: P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/12-21.21 (305 ILCS 5/12-21.21) Sec. 12-21.21. Federal waiver or State Plan amendment. The Department of Healthcare and Family Services and the Department of Human Services shall jointly submit the necessary application to the federal Centers for Medicare and Medicaid Services for a waiver or State Plan amendment to allow remote monitoring and support services as a waiver-reimbursable service for persons with intellectual and developmental disabilities. The application shall be submitted no later than January 1, 2021. No later than July 1, 2021, the Department of Human Services shall adopt rules to allow remote monitoring and support services at community-integrated living arrangements.
(Source: P.A. 101-649, eff. 7-7-20.) |
305 ILCS 5/Art. XIII
(305 ILCS 5/Art. XIII heading)
ARTICLE XIII.
PURPOSE--REPEAL--SAVINGS
PROVISIONS--PARTIAL INVALIDITY--
EFFECTIVE DATE
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305 ILCS 5/13-1
(305 ILCS 5/13-1) (from Ch. 23, par. 13-1)
Sec. 13-1.
Purpose.
It is the purpose of this Code to restate, simplify, eliminate
obsolescences and redundancies and reorganize into a more understandable
and usable form the provisions of the 1949 Code repealed hereby.
It is intended that this Code shall grant no lesser or greater rights or
impose any greater or lesser obligations upon applicants or recipients or
administrative agencies than exercised under such prior Code except as they
may be changed hereafter by specific amendment to this Code. All such
rights and obligations are preserved without change, and without loss or
impairment, precisely as if such Code had not been repealed.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/13-2
(305 ILCS 5/13-2) (from Ch. 23, par. 13-2)
Sec. 13-2.
Repeal.
The "Act to revise the public assistance laws of Illinois, to
consolidate and codify such laws, to prescribe the functions, powers, and
duties of governmental units, agencies, and persons thereunder, to provide
penalties for the violation thereof and to repeal certain Acts herein
named", approved August 4, 1949, as amended, referred to herein as the
1949 Code, is repealed.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/13-3
(305 ILCS 5/13-3) (from Ch. 23, par. 13-3)
Sec. 13-3.
Savings
provisions.
The repeal of the 1949 Code Act shall not affect or impair the
continuity of grants heretofore made to or in behalf of recipients pursuant
to said Code. Nor shall such repeal affect or impair any power or the
performance of any act or duty by any governmental unit, or officer, agency
or employee thereof, validly exercised, performed or done under said Code.
However, after the effective date of this Code all such recipients,
governmental units, agencies, officers and employees shall in all respects
be subject to and governed by the provisions of this Code.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/13-4
(305 ILCS 5/13-4) (from Ch. 23, par. 13-4)
Sec. 13-4.
Partial
invalidity.
Should any Section, subdivision, clause, phrase, or provision of this
Code to be unconstitutional or invalid for any reason whatsoever such
holdings shall not affect the validity of the remaining portions of this
Code.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/13-5
(305 ILCS 5/13-5) (from Ch. 23, par. 13-5)
Sec. 13-5.
Emergency-effective date.
Whereas many members of the General Assembly wish to offer bills
amending the law relating to public assistance at the current session of
the General Assembly and such bills should be drafted as amendments to this
Act and not to the 1949 Act, therefore an emergency exists and this Act
shall take effect upon its becoming a law.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/Art. XIV
(305 ILCS 5/Art. XIV heading)
ARTICLE XIV. HOSPITAL SERVICES TRUST FUND
(Source: P.A. 103-154, eff. 6-30-23.) |
305 ILCS 5/14-1 (305 ILCS 5/14-1) (from Ch. 23, par. 14-1)
Sec. 14-1. Definitions. As used in this Article, unless the
context requires otherwise:
"Hospital" means any institution, place, building, or agency, public
or private, whether organized for profit or not-for-profit, which is
located in the State and is subject to licensure by the Illinois
Department of Public Health under the Hospital Licensing Act or any
institution, place, building, or agency, public or private, whether organized
for profit or not-for-profit, which meets all comparable conditions and
requirements of the Hospital Licensing Act in effect for the state in
which it is located, and is required to submit cost reports to the
Illinois Department under Title 89, Part 148, of the Illinois
Administrative Code, but shall not include the University of Illinois
Hospital as defined in
the University of Illinois Hospital Act or a county hospital in a county
of over 3 million population.
(Source: P.A. 93-659, eff. 2-3-04.)
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305 ILCS 5/14-2
(305 ILCS 5/14-2) (from Ch. 23, par. 14-2)
Sec. 14-2.
(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed by P.A. 93-659, eff. 2-3-04.)
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305 ILCS 5/14-3
(305 ILCS 5/14-3) (from Ch. 23, par. 14-3)
Sec. 14-3.
(Repealed).
(Source: P.A. 87-861. Repealed by P.A. 93-659, eff. 2-3-04.)
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305 ILCS 5/14-4
(305 ILCS 5/14-4) (from Ch. 23, par. 14-4)
Sec. 14-4.
(Repealed).
(Source: P.A. 87-13. Repealed by P.A. 93-659, eff. 2-3-04.)
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305 ILCS 5/14-5
(305 ILCS 5/14-5) (from Ch. 23, par. 14-5)
Sec. 14-5.
(Repealed).
(Source: P.A. 87-13. Repealed by P.A. 93-659, eff. 2-3-04.)
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305 ILCS 5/14-6
(305 ILCS 5/14-6) (from Ch. 23, par. 14-6)
Sec. 14-6.
(Repealed).
(Source: P.A. 87-13. Repealed by P.A. 93-659, eff. 2-3-04.)
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305 ILCS 5/14-7
(305 ILCS 5/14-7) (from Ch. 23, par. 14-7)
Sec. 14-7.
(Repealed).
(Source: P.A. 87-13. Repealed by P.A. 93-659, eff. 2-3-04.)
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305 ILCS 5/14-8
(305 ILCS 5/14-8) (from Ch. 23, par. 14-8)
Sec. 14-8. Disbursements to Hospitals.
(a) For inpatient hospital services rendered on and after September 1,
1991, the Illinois Department shall reimburse
hospitals for inpatient services at an inpatient payment rate calculated for
each hospital based upon the Medicare Prospective Payment System as set forth
in Sections 1886(b), (d), (g), and (h) of the federal Social Security Act, and
the regulations, policies, and procedures promulgated thereunder, except as
modified by this Section. Payment rates for inpatient hospital services
rendered on or after September 1, 1991 and on or before September 30, 1992
shall be calculated using the Medicare Prospective Payment rates in effect on
September 1, 1991. Payment rates for inpatient hospital services rendered on
or after October 1, 1992 and on or before March 31, 1994 shall be calculated
using the Medicare Prospective Payment rates in effect on September 1, 1992.
Payment rates for inpatient hospital services rendered on or after April 1,
1994 shall be calculated using the Medicare Prospective Payment rates
(including the Medicare grouping methodology and weighting factors as adjusted
pursuant to paragraph (1) of this subsection) in effect 90 days prior to the
date of admission. For services rendered on or after July 1, 1995, the
reimbursement methodology implemented under this subsection shall not include
those costs referred to in Sections 1886(d)(5)(B) and 1886(h) of the Social
Security Act. The additional payment amounts required under Section
1886(d)(5)(F) of the Social Security Act, for hospitals serving a
disproportionate share of low-income or indigent patients, are not required
under this Section. For hospital inpatient services rendered on or after July
1, 1995 and on or before June 30, 2014, the Illinois Department shall
reimburse hospitals using the relative weighting factors and the base payment
rates calculated for each hospital that were in effect on June 30, 1995, less
the portion of such rates attributed by the Illinois Department to the cost of
medical education.
(1) The weighting factors established under Section | | 1886(d)(4) of the Social Security Act shall not be used in the reimbursement system established under this Section. Rather, the Illinois Department shall establish by rule Medicaid weighting factors to be used in the reimbursement system established under this Section.
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(2) The Illinois Department shall define by rule
| | those hospitals or distinct parts of hospitals that shall be exempt from the reimbursement system established under this Section. In defining such hospitals, the Illinois Department shall take into consideration those hospitals exempt from the Medicare Prospective Payment System as of September 1, 1991. For hospitals defined as exempt under this subsection, the Illinois Department shall by rule establish a reimbursement system for payment of inpatient hospital services rendered on and after September 1, 1991. For all hospitals that are children's hospitals as defined in Section 5-5.02 of this Code, the reimbursement methodology shall, through June 30, 1992, net of all applicable fees, at least equal each children's hospital 1990 ICARE payment rates, indexed to the current year by application of the DRI hospital cost index from 1989 to the year in which payments are made. Excepting county providers as defined in Article XV of this Code, hospitals licensed under the University of Illinois Hospital Act, and facilities operated by the Department of Mental Health and Developmental Disabilities (or its successor, the Department of Human Services) for hospital inpatient services rendered on or after July 1, 1995 and on or before June 30, 2014, the Illinois Department shall reimburse children's hospitals, as defined in 89 Illinois Administrative Code Section 149.50(c)(3), at the rates in effect on June 30, 1995, and shall reimburse all other hospitals at the rates in effect on June 30, 1995, less the portion of such rates attributed by the Illinois Department to the cost of medical education. For inpatient hospital services provided on or after August 1, 1998, the Illinois Department may establish by rule a means of adjusting the rates of children's hospitals, as defined in 89 Illinois Administrative Code Section 149.50(c)(3), that did not meet that definition on June 30, 1995, in order for the inpatient hospital rates of such hospitals to take into account the average inpatient hospital rates of those children's hospitals that did meet the definition of children's hospitals on June 30, 1995.
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(3) (Blank).
(4) Notwithstanding any other provision of this
| | Section, hospitals that on August 31, 1991, have a contract with the Illinois Department under Section 3-4 of the Illinois Health Finance Reform Act may elect to continue to be reimbursed at rates stated in such contracts for general and specialty care.
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(5) In addition to any payments made under this
| | subsection (a), the Illinois Department shall make the adjustment payments required by Section 5-5.02 of this Code; provided, that in the case of any hospital reimbursed under a per case methodology, the Illinois Department shall add an amount equal to the product of the hospital's average length of stay, less one day, multiplied by 20, for inpatient hospital services rendered on or after September 1, 1991 and on or before September 30, 1992.
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(b) (Blank).
(b-5) Excepting county providers as defined in Article XV of this Code,
hospitals licensed under the University of Illinois Hospital Act, and
facilities operated by the Illinois Department of Mental Health and
Developmental Disabilities (or its successor, the Department of Human
Services), for outpatient services rendered on or after July 1, 1995
and before July 1, 1998 the Illinois Department shall reimburse
children's hospitals, as defined in the Illinois Administrative Code
Section 149.50(c)(3), at the rates in effect on June 30, 1995, less that
portion of such rates attributed by the Illinois Department to the outpatient
indigent volume adjustment and shall reimburse all other hospitals at the rates
in effect on June 30, 1995, less the portions of such rates attributed by the
Illinois Department to the cost of medical education and attributed by the
Illinois Department to the outpatient indigent volume adjustment. For
outpatient services provided on or after July 1, 1998 and on or before June 30, 2014, reimbursement rates
shall be established by rule.
(c) In addition to any other payments under this Code, the Illinois
Department shall develop a hospital disproportionate share reimbursement
methodology that, effective July 1, 1991, through September 30, 1992,
shall reimburse hospitals sufficiently to expend the fee monies described
in subsection (b) of Section 14-3 of this Code and the federal matching
funds received by the Illinois Department as a result of expenditures made
by the Illinois Department as required by this subsection (c) and Section
14-2 that are attributable to fee monies deposited in the Fund, less
amounts applied to adjustment payments under Section 5-5.02.
(d) Critical Care Access Payments.
(1) In addition to any other payments made under this
| | Code, the Illinois Department shall develop a reimbursement methodology that shall reimburse Critical Care Access Hospitals for the specialized services that qualify them as Critical Care Access Hospitals. No adjustment payments shall be made under this subsection on or after July 1, 1995.
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(2) "Critical Care Access Hospitals" includes, but is
| | not limited to, hospitals that meet at least one of the following criteria:
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(A) Hospitals located outside of a metropolitan
| | statistical area that are designated as Level II Perinatal Centers and that provide a disproportionate share of perinatal services to recipients; or
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(B) Hospitals that are designated as Level I
| | Trauma Centers (adult or pediatric) and certain Level II Trauma Centers as determined by the Illinois Department; or
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(C) Hospitals located outside of a metropolitan
| | statistical area and that provide a disproportionate share of obstetrical services to recipients.
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(e) Inpatient high volume adjustment. For hospital inpatient services,
effective with rate periods beginning on or after October 1, 1993, in
addition to rates paid for inpatient services by the Illinois Department, the
Illinois Department shall make adjustment payments for inpatient services
furnished by Medicaid high volume hospitals. The Illinois Department shall
establish by rule criteria for qualifying as a Medicaid high volume hospital
and shall establish by rule a reimbursement methodology for calculating these
adjustment payments to Medicaid high volume hospitals. No adjustment payment
shall be made under this subsection for services rendered on or after July 1,
1995.
(f) The Illinois Department shall modify its current rules governing
adjustment payments for targeted access, critical care access, and
uncompensated care to classify those adjustment payments as not being payments
to disproportionate share hospitals under Title XIX of the federal Social
Security Act. Rules adopted under this subsection shall not be effective with
respect to services rendered on or after July 1, 1995. The Illinois Department
has no obligation to adopt or implement any rules or make any payments under
this subsection for services rendered on or after July 1, 1995.
(f-5) The State recognizes that adjustment payments to hospitals providing
certain services or incurring certain costs may be necessary to assure that
recipients of medical assistance have adequate access to necessary medical
services. These adjustments include payments for teaching costs and
uncompensated care, trauma center payments, rehabilitation hospital payments,
perinatal center payments, obstetrical care payments, targeted access payments,
Medicaid high volume payments, and outpatient indigent volume payments. On or
before April 1, 1995, the Illinois Department shall issue recommendations
regarding (i) reimbursement mechanisms or adjustment payments to reflect these
costs and services, including methods by which the payments may be calculated
and the method by which the payments may be financed, and (ii) reimbursement
mechanisms or adjustment payments to reflect costs and services of federally
qualified health centers with respect to recipients of medical assistance.
(g) If one or more hospitals file suit in any court challenging any part of
this Article XIV, payments to hospitals under this Article XIV shall be made
only to the extent that sufficient monies are available in the Fund and only to
the extent that any monies in the Fund are not prohibited from disbursement
under any order of the court.
(h) Payments under the disbursement methodology described in this Section
are subject to approval by the federal government in an appropriate State plan
amendment.
(i) The Illinois Department may by rule establish criteria for and develop
methodologies for adjustment payments to hospitals participating under this
Article.
(j) Hospital Residing Long Term Care Services. In addition to any other
payments made under this Code, the Illinois Department may by rule establish
criteria and develop methodologies for payments to hospitals for Hospital
Residing Long Term Care Services.
(k) Critical Access Hospital outpatient payments. In addition to any other payments authorized under this Code, the Illinois Department shall reimburse critical access hospitals, as designated by the Illinois Department of Public Health in accordance with 42 CFR 485, Subpart F, for outpatient services at an amount that is no less than the cost of providing such services, based on Medicare cost principles. Payments under this subsection shall be subject to appropriation.
(l) On and after July 1, 2012, the Department shall reduce any rate of reimbursement for services or other payments or alter any methodologies authorized by this Code to reduce any rate of reimbursement for services or other payments in accordance with Section 5-5e.
(Source: P.A. 97-689, eff. 6-14-12; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14.)
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305 ILCS 5/14-9
(305 ILCS 5/14-9) (from Ch. 23, par. 14-9)
Sec. 14-9.
(Repealed).
(Source: P.A. 87-13. Repealed by P.A. 93-659, eff. 2-3-04.)
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305 ILCS 5/14-10
(305 ILCS 5/14-10) (from Ch. 23, par. 14-10)
Sec. 14-10.
(Repealed).
(Source: P.A. 87-861. Repealed by P.A. 93-659, eff. 2-3-04.)
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305 ILCS 5/14-11 (305 ILCS 5/14-11) Sec. 14-11. Hospital payment reform. (a) The Department may, by rule, implement the All Patient Refined Diagnosis Related Groups (APR-DRG) payment system for inpatient services provided on or after July 1, 2013, in a manner consistent with the actions authorized in this Section. (b) On or before October 1, 2012 and through June 30, 2013, the Department shall begin testing the APR-DRG system. During the testing period the Department shall process and price inpatient services using the APR-DRG system; however, actual payments for those inpatient services shall be made using the current reimbursement system. During the testing period, the Department, in collaboration with the statewide representative of hospitals, shall provide information and technical assistance to hospitals to encourage and facilitate their transition to the APR-DRG system. (c) The Department may, by rule, implement the Enhanced Ambulatory Procedure Grouping (EAPG) system for outpatient services provided on or after January 1, 2014, in a manner consistent with the actions authorized in this Section. On or before January 1, 2013 and through December 31, 2013, the Department shall begin testing the EAPG system. During the testing period the Department shall process and price outpatient services using the EAPG system; however, actual payments for those outpatient services shall be made using the current reimbursement system. During the testing period, the Department, in collaboration with the statewide representative of hospitals, shall provide information and technical assistance to hospitals to encourage and facilitate their transition to the EAPG system. (d) The Department in consultation with the current hospital technical advisory group shall review the test claims for inpatient and outpatient services at least monthly, including the estimated impact on hospitals, and, in developing the rules, policies, and procedures to implement the new payment systems, shall consider at least the following issues: (1) The use of national relative weights provided by | | the vendor of the APR-DRG system, adjusted to reflect characteristics of the Illinois Medical Assistance population.
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| (2) An updated outlier payment methodology based on
| | current data and consistent with the APR-DRG system.
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| (3) The use of policy adjusters to enhance payments
| | to hospitals treating a high percentage of individuals covered by the Medical Assistance program and uninsured patients.
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| (4) Reimbursement for inpatient specialty services
| | such as psychiatric, rehabilitation, and long-term acute care using updated per diem rates that account for service acuity.
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| (5) The creation of one or more transition funding
| | pools to preserve access to care and to ensure financial stability as hospitals transition to the new payment system.
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| (6) Whether, beginning July 1, 2014, some of the
| | static adjustment payments financed by General Revenue funds should be used as part of the base payment system, including as policy adjusters to recognize the additional costs of certain services, such as pediatric or neonatal, or providers, such as trauma centers, Critical Access Hospitals, or high Medicaid hospitals, or for services to uninsured patients.
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| (e) The Department shall provide the association representing the majority of hospitals in Illinois, as the statewide representative of the hospital community, with a monthly file of claims adjudicated under the test system for the purpose of review and analysis as part of the collaboration between the State and the hospital community. The file shall consist of a de-identified extract compliant with the Health Insurance Portability and Accountability Act (HIPAA).
(f) The current hospital technical advisory group shall make recommendations for changes during the testing period and recommendations for changes prior to the effective dates of the new payment systems. The Department shall draft administrative rules to implement the new payment systems and provide them to the technical advisory group at least 90 days prior to the proposed effective dates of the new payment systems.
(g) The payments to hospitals financed by the current hospital assessment, authorized under Article V-A of this Code, are scheduled to sunset on June 30, 2014. The continuation of or revisions to the hospital assessment program shall take into consideration the impact on hospitals and access to care as a result of the changes to the hospital payment system.
(h) Beginning July 1, 2014, the Department may transition current General Revenue funded supplemental payments into the claims based system over a period of no less than 2 years from the implementation date of the new payment systems and no more than 4 years from the implementation date of the new payment systems, provided however that the Department may adopt, by rule, supplemental payments to help ensure access to care in a geographic area or to help ensure access to specialty services. For any supplemental payments that are adopted that are based on historic data, the data shall be no older than 3 years and the supplemental payment shall be effective for no longer than 2 years before requiring the data to be updated.
(i) Any payments authorized under 89 Illinois Administrative Code 148 set to expire in State fiscal year 2012 and that were paid out to hospitals in State fiscal year 2012 shall remain in effect as long as the assessment imposed by Section 5A-2 is in effect.
(j) Subsections (a) and (c) of this Section shall remain operative unless the Auditor General has reported that: (i) the Department has not undertaken the required actions listed in the report required by subsection (a) of Section 2-20 of the Illinois State Auditing Act; or (ii) the Department has failed to comply with the reporting requirements of Section 2-20 of the Illinois State Auditing Act.
(k) Subsections (a) and (c) of this Section shall not be operative until final federal approval by the Centers for Medicare and Medicaid Services of the U.S. Department of Health and Human Services and implementation of all of the payments and assessments in Article V-A in its form as of the effective date of this amendatory Act of the 97th General Assembly or as it may be amended.
(Source: P.A. 97-689, eff. 6-14-12.)
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305 ILCS 5/14-12 (305 ILCS 5/14-12) Sec. 14-12. Hospital rate reform payment system. The hospital payment system pursuant to Section 14-11 of this Article shall be as follows: (a) Inpatient hospital services. Effective for discharges on and after July 1, 2014, reimbursement for inpatient general acute care services shall utilize the All Patient Refined Diagnosis Related Grouping (APR-DRG) software, version 30, distributed by 3M TM Health Information System. (1) The Department shall establish Medicaid weighting | | factors to be used in the reimbursement system established under this subsection. Initial weighting factors shall be the weighting factors as published by 3M Health Information System, associated with Version 30.0 adjusted for the Illinois experience.
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| (2) The Department shall establish a
| | statewide-standardized amount to be used in the inpatient reimbursement system. The Department shall publish these amounts on its website no later than 10 calendar days prior to their effective date.
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| (3) In addition to the statewide-standardized amount,
| | the Department shall develop adjusters to adjust the rate of reimbursement for critical Medicaid providers or services for trauma, transplantation services, perinatal care, and Graduate Medical Education (GME).
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| (4) The Department shall develop add-on payments to
| | account for exceptionally costly inpatient stays, consistent with Medicare outlier principles. Outlier fixed loss thresholds may be updated to control for excessive growth in outlier payments no more frequently than on an annual basis, but at least once every 4 years. Upon updating the fixed loss thresholds, the Department shall be required to update base rates within 12 months.
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| (5) The Department shall define those hospitals or
| | distinct parts of hospitals that shall be exempt from the APR-DRG reimbursement system established under this Section. The Department shall publish these hospitals' inpatient rates on its website no later than 10 calendar days prior to their effective date.
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| (6) Beginning July 1, 2014 and ending on December 31,
| | 2023, in addition to the statewide-standardized amount, the Department shall develop an adjustor to adjust the rate of reimbursement for safety-net hospitals defined in Section 5-5e.1 of this Code excluding pediatric hospitals.
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| (7) Beginning July 1, 2014, in addition to the
| | statewide-standardized amount, the Department shall develop an adjustor to adjust the rate of reimbursement for Illinois freestanding inpatient psychiatric hospitals that are not designated as children's hospitals by the Department but are primarily treating patients under the age of 21.
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| (7.5) (Blank).
(8) Beginning July 1, 2018, in addition to the
| | statewide-standardized amount, the Department shall adjust the rate of reimbursement for hospitals designated by the Department of Public Health as a Perinatal Level II or II+ center by applying the same adjustor that is applied to Perinatal and Obstetrical care cases for Perinatal Level III centers, as of December 31, 2017.
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| (9) Beginning July 1, 2018, in addition to the
| | statewide-standardized amount, the Department shall apply the same adjustor that is applied to trauma cases as of December 31, 2017 to inpatient claims to treat patients with burns, including, but not limited to, APR-DRGs 841, 842, 843, and 844.
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| (10) Beginning July 1, 2018, the
| | statewide-standardized amount for inpatient general acute care services shall be uniformly increased so that base claims projected reimbursement is increased by an amount equal to the funds allocated in paragraph (1) of subsection (b) of Section 5A-12.6, less the amount allocated under paragraphs (8) and (9) of this subsection and paragraphs (3) and (4) of subsection (b) multiplied by 40%.
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| (11) Beginning July 1, 2018, the reimbursement for
| | inpatient rehabilitation services shall be increased by the addition of a $96 per day add-on.
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| (b) Outpatient hospital services. Effective for dates of service on and after July 1, 2014, reimbursement for outpatient services shall utilize the Enhanced Ambulatory Procedure Grouping (EAPG) software, version 3.7 distributed by 3M TM Health Information System.
(1) The Department shall establish Medicaid weighting
| | factors to be used in the reimbursement system established under this subsection. The initial weighting factors shall be the weighting factors as published by 3M Health Information System, associated with Version 3.7.
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| (2) The Department shall establish service specific
| | statewide-standardized amounts to be used in the reimbursement system.
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| (A) The initial statewide standardized amounts,
| | with the labor portion adjusted by the Calendar Year 2013 Medicare Outpatient Prospective Payment System wage index with reclassifications, shall be published by the Department on its website no later than 10 calendar days prior to their effective date.
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| (B) The Department shall establish adjustments to
| | the statewide-standardized amounts for each Critical Access Hospital, as designated by the Department of Public Health in accordance with 42 CFR 485, Subpart F. For outpatient services provided on or before June 30, 2018, the EAPG standardized amounts are determined separately for each critical access hospital such that simulated EAPG payments using outpatient base period paid claim data plus payments under Section 5A-12.4 of this Code net of the associated tax costs are equal to the estimated costs of outpatient base period claims data with a rate year cost inflation factor applied.
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| (3) In addition to the statewide-standardized
| | amounts, the Department shall develop adjusters to adjust the rate of reimbursement for critical Medicaid hospital outpatient providers or services, including outpatient high volume or safety-net hospitals. Beginning July 1, 2018, the outpatient high volume adjustor shall be increased to increase annual expenditures associated with this adjustor by $79,200,000, based on the State Fiscal Year 2015 base year data and this adjustor shall apply to public hospitals, except for large public hospitals, as defined under 89 Ill. Adm. Code 148.25(a).
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| (4) Beginning July 1, 2018, in addition to the
| | statewide standardized amounts, the Department shall make an add-on payment for outpatient expensive devices and drugs. This add-on payment shall at least apply to claim lines that: (i) are assigned with one of the following EAPGs: 490, 1001 to 1020, and coded with one of the following revenue codes: 0274 to 0276, 0278; or (ii) are assigned with one of the following EAPGs: 430 to 441, 443, 444, 460 to 465, 495, 496, 1090. The add-on payment shall be calculated as follows: the claim line's covered charges multiplied by the hospital's total acute cost to charge ratio, less the claim line's EAPG payment plus $1,000, multiplied by 0.8.
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| (5) Beginning July 1, 2018, the
| | statewide-standardized amounts for outpatient services shall be increased by a uniform percentage so that base claims projected reimbursement is increased by an amount equal to no less than the funds allocated in paragraph (1) of subsection (b) of Section 5A-12.6, less the amount allocated under paragraphs (8) and (9) of subsection (a) and paragraphs (3) and (4) of this subsection multiplied by 46%.
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| (6) Effective for dates of service on or after July
| | 1, 2018, the Department shall establish adjustments to the statewide-standardized amounts for each Critical Access Hospital, as designated by the Department of Public Health in accordance with 42 CFR 485, Subpart F, such that each Critical Access Hospital's standardized amount for outpatient services shall be increased by the applicable uniform percentage determined pursuant to paragraph (5) of this subsection. It is the intent of the General Assembly that the adjustments required under this paragraph (6) by Public Act 100-1181 shall be applied retroactively to claims for dates of service provided on or after July 1, 2018.
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| (7) Effective for dates of service on or after March
| | 8, 2019 (the effective date of Public Act 100-1181), the Department shall recalculate and implement an updated statewide-standardized amount for outpatient services provided by hospitals that are not Critical Access Hospitals to reflect the applicable uniform percentage determined pursuant to paragraph (5).
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| (1) Any recalculation to the
| | statewide-standardized amounts for outpatient services provided by hospitals that are not Critical Access Hospitals shall be the amount necessary to achieve the increase in the statewide-standardized amounts for outpatient services increased by a uniform percentage, so that base claims projected reimbursement is increased by an amount equal to no less than the funds allocated in paragraph (1) of subsection (b) of Section 5A-12.6, less the amount allocated under paragraphs (8) and (9) of subsection (a) and paragraphs (3) and (4) of this subsection, for all hospitals that are not Critical Access Hospitals, multiplied by 46%.
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| (2) It is the intent of the General Assembly that
| | the recalculations required under this paragraph (7) by Public Act 100-1181 shall be applied prospectively to claims for dates of service provided on or after March 8, 2019 (the effective date of Public Act 100-1181) and that no recoupment or repayment by the Department or an MCO of payments attributable to recalculation under this paragraph (7), issued to the hospital for dates of service on or after July 1, 2018 and before March 8, 2019 (the effective date of Public Act 100-1181), shall be permitted.
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| (8) The Department shall ensure that all necessary
| | adjustments to the managed care organization capitation base rates necessitated by the adjustments under subparagraph (6) or (7) of this subsection are completed and applied retroactively in accordance with Section 5-30.8 of this Code within 90 days of March 8, 2019 (the effective date of Public Act 100-1181).
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| (9) Within 60 days after federal approval of the
| | change made to the assessment in Section 5A-2 by Public Act 101-650, the Department shall incorporate into the EAPG system for outpatient services those services performed by hospitals currently billed through the Non-Institutional Provider billing system.
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| (b-5) Notwithstanding any other provision of this Section, beginning with dates of service on and after January 1, 2023, any general acute care hospital with more than 500 outpatient psychiatric Medicaid services to persons under 19 years of age in any calendar year shall be paid the outpatient add-on payment of no less than $113.
(c) In consultation with the hospital community, the Department is authorized to replace 89 Ill. Adm. Code 152.150 as published in 38 Ill. Reg. 4980 through 4986 within 12 months of June 16, 2014 (the effective date of Public Act 98-651). If the Department does not replace these rules within 12 months of June 16, 2014 (the effective date of Public Act 98-651), the rules in effect for 152.150 as published in 38 Ill. Reg. 4980 through 4986 shall remain in effect until modified by rule by the Department. Nothing in this subsection shall be construed to mandate that the Department file a replacement rule.
(d) Transition period.
There shall be a transition period to the reimbursement systems authorized under this Section that shall begin on the effective date of these systems and continue until June 30, 2018, unless extended by rule by the Department. To help provide an orderly and predictable transition to the new reimbursement systems and to preserve and enhance access to the hospital services during this transition, the Department shall allocate a transitional hospital access pool of at least $290,000,000 annually so that transitional hospital access payments are made to hospitals.
(1) After the transition period, the Department may
| | begin incorporating the transitional hospital access pool into the base rate structure; however, the transitional hospital access payments in effect on June 30, 2018 shall continue to be paid, if continued under Section 5A-16.
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| (2) After the transition period, if the Department
| | reduces payments from the transitional hospital access pool, it shall increase base rates, develop new adjustors, adjust current adjustors, develop new hospital access payments based on updated information, or any combination thereof by an amount equal to the decreases proposed in the transitional hospital access pool payments, ensuring that the entire transitional hospital access pool amount shall continue to be used for hospital payments.
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| (d-5) Hospital and health care transformation program. The Department shall develop a hospital and health care transformation program to provide financial assistance to hospitals in transforming their services and care models to better align with the needs of the communities they serve. The payments authorized in this Section shall be subject to approval by the federal government.
(1) Phase 1. In State fiscal years 2019 through
| | 2020, the Department shall allocate funds from the transitional access hospital pool to create a hospital transformation pool of at least $262,906,870 annually and make hospital transformation payments to hospitals. Subject to Section 5A-16, in State fiscal years 2019 and 2020, an Illinois hospital that received either a transitional hospital access payment under subsection (d) or a supplemental payment under subsection (f) of this Section in State fiscal year 2018, shall receive a hospital transformation payment as follows:
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| (A) If the hospital's Rate Year 2017 Medicaid
| | inpatient utilization rate is equal to or greater than 45%, the hospital transformation payment shall be equal to 100% of the sum of its transitional hospital access payment authorized under subsection (d) and any supplemental payment authorized under subsection (f).
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| (B) If the hospital's Rate Year 2017 Medicaid
| | inpatient utilization rate is equal to or greater than 25% but less than 45%, the hospital transformation payment shall be equal to 75% of the sum of its transitional hospital access payment authorized under subsection (d) and any supplemental payment authorized under subsection (f).
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| (C) If the hospital's Rate Year 2017 Medicaid
| | inpatient utilization rate is less than 25%, the hospital transformation payment shall be equal to 50% of the sum of its transitional hospital access payment authorized under subsection (d) and any supplemental payment authorized under subsection (f).
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| (2) Phase 2.
(A) The funding amount from phase one shall be
| | incorporated into directed payment and pass-through payment methodologies described in Section 5A-12.7.
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| (B) Because there are communities in Illinois
| | that experience significant health care disparities due to systemic racism, as recently emphasized by the COVID-19 pandemic, aggravated by social determinants of health and a lack of sufficiently allocated healthcare resources, particularly community-based services, preventive care, obstetric care, chronic disease management, and specialty care, the Department shall establish a health care transformation program that shall be supported by the transformation funding pool. It is the intention of the General Assembly that innovative partnerships funded by the pool must be designed to establish or improve integrated health care delivery systems that will provide significant access to the Medicaid and uninsured populations in their communities, as well as improve health care equity. It is also the intention of the General Assembly that partnerships recognize and address the disparities revealed by the COVID-19 pandemic, as well as the need for post-COVID care. During State fiscal years 2021 through 2027, the hospital and health care transformation program shall be supported by an annual transformation funding pool of up to $150,000,000, pending federal matching funds, to be allocated during the specified fiscal years for the purpose of facilitating hospital and health care transformation. No disbursement of moneys for transformation projects from the transformation funding pool described under this Section shall be considered an award, a grant, or an expenditure of grant funds. Funding agreements made in accordance with the transformation program shall be considered purchases of care under the Illinois Procurement Code, and funds shall be expended by the Department in a manner that maximizes federal funding to expend the entire allocated amount.
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| The Department shall convene, within 30 days
| | after March 12, 2021 (the effective date of Public Act 101-655), a workgroup that includes subject matter experts on healthcare disparities and stakeholders from distressed communities, which could be a subcommittee of the Medicaid Advisory Committee, to review and provide recommendations on how Department policy, including health care transformation, can improve health disparities and the impact on communities disproportionately affected by COVID-19. The workgroup shall consider and make recommendations on the following issues: a community safety-net designation of certain hospitals, racial equity, and a regional partnership to bring additional specialty services to communities.
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| (C) As provided in paragraph (9) of Section 3 of
| | the Illinois Health Facilities Planning Act, any hospital participating in the transformation program may be excluded from the requirements of the Illinois Health Facilities Planning Act for those projects related to the hospital's transformation. To be eligible, the hospital must submit to the Health Facilities and Services Review Board approval from the Department that the project is a part of the hospital's transformation.
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| (D) As provided in subsection (a-20) of Section
| | 32.5 of the Emergency Medical Services (EMS) Systems Act, a hospital that received hospital transformation payments under this Section may convert to a freestanding emergency center. To be eligible for such a conversion, the hospital must submit to the Department of Public Health approval from the Department that the project is a part of the hospital's transformation.
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| (E) Criteria for proposals. To be eligible for
| | funding under this Section, a transformation proposal shall meet all of the following criteria:
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| (i) the proposal shall be designed based on
| | community needs assessment completed by either a University partner or other qualified entity with significant community input;
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| (ii) the proposal shall be a collaboration
| | among providers across the care and community spectrum, including preventative care, primary care specialty care, hospital services, mental health and substance abuse services, as well as community-based entities that address the social determinants of health;
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| (iii) the proposal shall be specifically
| | designed to improve healthcare outcomes and reduce healthcare disparities, and improve the coordination, effectiveness, and efficiency of care delivery;
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| (iv) the proposal shall have specific
| | measurable metrics related to disparities that will be tracked by the Department and made public by the Department;
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| (v) the proposal shall include a commitment
| | to include Business Enterprise Program certified vendors or other entities controlled and managed by minorities or women; and
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| (vi) the proposal shall specifically increase
| | access to primary, preventive, or specialty care.
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| (F) Entities eligible to be funded.
(i) Proposals for funding should come from
| | collaborations operating in one of the most distressed communities in Illinois as determined by the U.S. Centers for Disease Control and Prevention's Social Vulnerability Index for Illinois and areas disproportionately impacted by COVID-19 or from rural areas of Illinois.
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| (ii) The Department shall prioritize
| | partnerships from distressed communities, which include Business Enterprise Program certified vendors or other entities controlled and managed by minorities or women and also include one or more of the following: safety-net hospitals, critical access hospitals, the campuses of hospitals that have closed since January 1, 2018, or other healthcare providers designed to address specific healthcare disparities, including the impact of COVID-19 on individuals and the community and the need for post-COVID care. All funded proposals must include specific measurable goals and metrics related to improved outcomes and reduced disparities which shall be tracked by the Department.
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| (iii) The Department should target the
| | funding in the following ways: $30,000,000 of transformation funds to projects that are a collaboration between a safety-net hospital, particularly community safety-net hospitals, and other providers and designed to address specific healthcare disparities, $20,000,000 of transformation funds to collaborations between safety-net hospitals and a larger hospital partner that increases specialty care in distressed communities, $30,000,000 of transformation funds to projects that are a collaboration between hospitals and other providers in distressed areas of the State designed to address specific healthcare disparities, $15,000,000 to collaborations between critical access hospitals and other providers designed to address specific healthcare disparities, and $15,000,000 to cross-provider collaborations designed to address specific healthcare disparities, and $5,000,000 to collaborations that focus on workforce development.
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| (iv) The Department may allocate up to
| | $5,000,000 for planning, racial equity analysis, or consulting resources for the Department or entities without the resources to develop a plan to meet the criteria of this Section. Any contract for consulting services issued by the Department under this subparagraph shall comply with the provisions of Section 5-45 of the State Officials and Employees Ethics Act. Based on availability of federal funding, the Department may directly procure consulting services or provide funding to the collaboration. The provision of resources under this subparagraph is not a guarantee that a project will be approved.
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| (v) The Department shall take steps to ensure
| | that safety-net hospitals operating in under-resourced communities receive priority access to hospital and healthcare transformation funds, including consulting funds, as provided under this Section.
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| (G) Process for submitting and approving projects
| | for distressed communities. The Department shall issue a template for application. The Department shall post any proposal received on the Department's website for at least 2 weeks for public comment, and any such public comment shall also be considered in the review process. Applicants may request that proprietary financial information be redacted from publicly posted proposals and the Department in its discretion may agree. Proposals for each distressed community must include all of the following:
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| (i) A detailed description of how the project
| | intends to affect the goals outlined in this subsection, describing new interventions, new technology, new structures, and other changes to the healthcare delivery system planned.
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| (ii) A detailed description of the racial and
| | ethnic makeup of the entities' board and leadership positions and the salaries of the executive staff of entities in the partnership that is seeking to obtain funding under this Section.
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| (iii) A complete budget, including an overall
| | timeline and a detailed pathway to sustainability within a 5-year period, specifying other sources of funding, such as in-kind, cost-sharing, or private donations, particularly for capital needs. There is an expectation that parties to the transformation project dedicate resources to the extent they are able and that these expectations are delineated separately for each entity in the proposal.
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| (iv) A description of any new entities formed
| | or other legal relationships between collaborating entities and how funds will be allocated among participants.
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| (v) A timeline showing the evolution of sites
| | and specific services of the project over a 5-year period, including services available to the community by site.
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| (vi) Clear milestones indicating progress
| | toward the proposed goals of the proposal as checkpoints along the way to continue receiving funding. The Department is authorized to refine these milestones in agreements, and is authorized to impose reasonable penalties, including repayment of funds, for substantial lack of progress.
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| (vii) A clear statement of the level of
| | commitment the project will include for minorities and women in contracting opportunities, including as equity partners where applicable, or as subcontractors and suppliers in all phases of the project.
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| (viii) If the community study utilized is not
| | the study commissioned and published by the Department, the applicant must define the methodology used, including documentation of clear community participation.
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| (ix) A description of the process used in
| | collaborating with all levels of government in the community served in the development of the project, including, but not limited to, legislators and officials of other units of local government.
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| (x) Documentation of a community input
| | process in the community served, including links to proposal materials on public websites.
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| (xi) Verifiable project milestones and
| | quality metrics that will be impacted by transformation. These project milestones and quality metrics must be identified with improvement targets that must be met.
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| (xii) Data on the number of existing
| | employees by various job categories and wage levels by the zip code of the employees' residence and benchmarks for the continued maintenance and improvement of these levels. The proposal must also describe any retraining or other workforce development planned for the new project.
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| (xiii) If a new entity is created by the
| | project, a description of how the board will be reflective of the community served by the proposal.
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| (xiv) An explanation of how the proposal will
| | address the existing disparities that exacerbated the impact of COVID-19 and the need for post-COVID care in the community, if applicable.
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| (xv) An explanation of how the proposal is
| | designed to increase access to care, including specialty care based upon the community's needs.
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| (H) The Department shall evaluate proposals for
| | compliance with the criteria listed under subparagraph (G). Proposals meeting all of the criteria may be eligible for funding with the areas of focus prioritized as described in item (ii) of subparagraph (F). Based on the funds available, the Department may negotiate funding agreements with approved applicants to maximize federal funding. Nothing in this subsection requires that an approved project be funded to the level requested. Agreements shall specify the amount of funding anticipated annually, the methodology of payments, the limit on the number of years such funding may be provided, and the milestones and quality metrics that must be met by the projects in order to continue to receive funding during each year of the program. Agreements shall specify the terms and conditions under which a health care facility that receives funds under a purchase of care agreement and closes in violation of the terms of the agreement must pay an early closure fee no greater than 50% of the funds it received under the agreement, prior to the Health Facilities and Services Review Board considering an application for closure of the facility. Any project that is funded shall be required to provide quarterly written progress reports, in a form prescribed by the Department, and at a minimum shall include the progress made in achieving any milestones or metrics or Business Enterprise Program commitments in its plan. The Department may reduce or end payments, as set forth in transformation plans, if milestones or metrics or Business Enterprise Program commitments are not achieved. The Department shall seek to make payments from the transformation fund in a manner that is eligible for federal matching funds.
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| In reviewing the proposals, the Department shall
| | take into account the needs of the community, data from the study commissioned by the Department from the University of Illinois-Chicago if applicable, feedback from public comment on the Department's website, as well as how the proposal meets the criteria listed under subparagraph (G). Alignment with the Department's overall strategic initiatives shall be an important factor. To the extent that fiscal year funding is not adequate to fund all eligible projects that apply, the Department shall prioritize applications that most comprehensively and effectively address the criteria listed under subparagraph (G).
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| (3) (Blank).
(4) Hospital Transformation Review Committee. There
| | is created the Hospital Transformation Review Committee. The Committee shall consist of 14 members. No later than 30 days after March 12, 2018 (the effective date of Public Act 100-581), the 4 legislative leaders shall each appoint 3 members; the Governor shall appoint the Director of Healthcare and Family Services, or his or her designee, as a member; and the Director of Healthcare and Family Services shall appoint one member. Any vacancy shall be filled by the applicable appointing authority within 15 calendar days. The members of the Committee shall select a Chair and a Vice-Chair from among its members, provided that the Chair and Vice-Chair cannot be appointed by the same appointing authority and must be from different political parties. The Chair shall have the authority to establish a meeting schedule and convene meetings of the Committee, and the Vice-Chair shall have the authority to convene meetings in the absence of the Chair. The Committee may establish its own rules with respect to meeting schedule, notice of meetings, and the disclosure of documents; however, the Committee shall not have the power to subpoena individuals or documents and any rules must be approved by 9 of the 14 members. The Committee shall perform the functions described in this Section and advise and consult with the Director in the administration of this Section. In addition to reviewing and approving the policies, procedures, and rules for the hospital and health care transformation program, the Committee shall consider and make recommendations related to qualifying criteria and payment methodologies related to safety-net hospitals and children's hospitals. Members of the Committee appointed by the legislative leaders shall be subject to the jurisdiction of the Legislative Ethics Commission, not the Executive Ethics Commission, and all requests under the Freedom of Information Act shall be directed to the applicable Freedom of Information officer for the General Assembly. The Department shall provide operational support to the Committee as necessary. The Committee is dissolved on April 1, 2019.
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| (e) Beginning 36 months after initial implementation, the Department shall update the reimbursement components in subsections (a) and (b), including standardized amounts and weighting factors, and at least once every 4 years and no more frequently than annually thereafter. The Department shall publish these updates on its website no later than 30 calendar days prior to their effective date.
(f) Continuation of supplemental payments. Any supplemental payments authorized under Illinois Administrative Code 148 effective January 1, 2014 and that continue during the period of July 1, 2014 through December 31, 2014 shall remain in effect as long as the assessment imposed by Section 5A-2 that is in effect on December 31, 2017 remains in effect.
(g) Notwithstanding subsections (a) through (f) of this Section and notwithstanding the changes authorized under Section 5-5b.1, any updates to the system shall not result in any diminishment of the overall effective rates of reimbursement as of the implementation date of the new system (July 1, 2014). These updates shall not preclude variations in any individual component of the system or hospital rate variations. Nothing in this Section shall prohibit the Department from increasing the rates of reimbursement or developing payments to ensure access to hospital services. Nothing in this Section shall be construed to guarantee a minimum amount of spending in the aggregate or per hospital as spending may be impacted by factors, including, but not limited to, the number of individuals in the medical assistance program and the severity of illness of the individuals.
(h) The Department shall have the authority to modify by rulemaking any changes to the rates or methodologies in this Section as required by the federal government to obtain federal financial participation for expenditures made under this Section.
(i) Except for subsections (g) and (h) of this Section, the Department shall, pursuant to subsection (c) of Section 5-40 of the Illinois Administrative Procedure Act, provide for presentation at the June 2014 hearing of the Joint Committee on Administrative Rules (JCAR) additional written notice to JCAR of the following rules in order to commence the second notice period for the following rules: rules published in the Illinois Register, rule dated February 21, 2014 at 38 Ill. Reg. 4559 (Medical Payment), 4628 (Specialized Health Care Delivery Systems), 4640 (Hospital Services), 4932 (Diagnostic Related Grouping (DRG) Prospective Payment System (PPS)), and 4977 (Hospital Reimbursement Changes), and published in the Illinois Register dated March 21, 2014 at 38 Ill. Reg. 6499 (Specialized Health Care Delivery Systems) and 6505 (Hospital Services).
(j) Out-of-state hospitals. Beginning July 1, 2018, for purposes of determining for State fiscal years 2019 and 2020 and subsequent fiscal years the hospitals eligible for the payments authorized under subsections (a) and (b) of this Section, the Department shall include out-of-state hospitals that are designated a Level I pediatric trauma center or a Level I trauma center by the Department of Public Health as of December 1, 2017.
(k) The Department shall notify each hospital and managed care organization, in writing, of the impact of the updates under this Section at least 30 calendar days prior to their effective date.
(l) This Section is subject to Section 14-12.5.
(Source: P.A. 102-682, eff. 12-10-21; 102-1037, eff. 6-2-22; 103-102, eff. 6-16-23; 103-154, eff. 6-30-23.)
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305 ILCS 5/14-12.5 (305 ILCS 5/14-12.5) Sec. 14-12.5. Hospital rate updates. (a) Notwithstanding any other provision of this Code, the hospital rates of reimbursement authorized under Sections 5-5.05, 14-12, and 14-13 of this Code shall be adjusted in accordance with the provisions of this Section. (b) Notwithstanding any other provision of this Code, effective for dates of service on and after January 1, 2024, subject to federal approval, hospital reimbursement rates shall be revised as follows: (1) For inpatient general acute care services, the | | statewide-standardized amount and the per diem rates for hospitals exempt from the APR-DRG reimbursement system, in effect January 1, 2023, shall be increased by 10%.
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| (2) For inpatient psychiatric services:
(A) For safety-net hospitals, the hospital
| | specific per diem rate in effect January 1, 2023 and the minimum per diem rate of $630, authorized in subsection (b-5) of Section 5-5.05 of this Code, shall be increased by 10%.
|
| (B) For all general acute care hospitals that are
| | not safety-net hospitals, the inpatient psychiatric care per diem rates in effect January 1, 2023 shall be increased by 10%, except that all rates shall be at least 90% of the minimum inpatient psychiatric care per diem rate for safety-net hospitals as authorized in subsection (b-5) of Section 5-5.05 of this Code including the adjustments authorized in this Section. The statewide default per diem rate for a hospital opening a new psychiatric distinct part unit, shall be set at 90% of the minimum inpatient psychiatric care per diem rate for safety-net hospitals as authorized in subsection (b-5) of Section 5-5.05 of this Code, including the adjustment authorized in this Section.
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| (C) For all psychiatric specialty hospitals, the
| | per diem rates in effect January 1, 2023, shall be increased by 10%, except that all rates shall be at least 90% of the minimum inpatient per diem rate for safety-net hospitals as authorized in subsection (b-5) of Section 5-5.05 of this Code, including the adjustments authorized in this Section. The statewide default per diem rate for a new psychiatric specialty hospital shall be set at 90% of the minimum inpatient psychiatric care per diem rate for safety-net hospitals as authorized in subsection (b-5) of Section 5-5.05 of this Code, including the adjustment authorized in this Section.
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| (3) For inpatient rehabilitative services, all
| | hospital specific per diem rates in effect January 1, 2023, shall be increased by 10%. The statewide default inpatient rehabilitative services per diem rates, for general acute care hospitals and for rehabilitation specialty hospitals respectively, shall be increased by 10%.
|
| (4) The statewide-standardized amount for outpatient
| | general acute care services in effect January 1, 2023, shall be increased by 10%.
|
| (5) The statewide-standardized amount for outpatient
| | psychiatric care services in effect January 1, 2023, shall be increased by 10%.
|
| (6) The statewide-standardized amount for outpatient
| | rehabilitative care services in effect January 1, 2023, shall be increased by 10%.
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| (7) The per diem rate in effect January 1, 2023, as
| | authorized in subsection (a) of Section 14-13 of this Article shall be increased by 10%.
|
| (8) For services provided on and after January 1,
| | 2024 through June 30, 2024, and on and after January 1, 2027, subject to federal approval, in addition to the statewide standardized amount, an add-on payment of at least $210 shall be paid for each inpatient General Acute and Psychiatric day of care, excluding Medicare-Medicaid dual eligible crossover days, for all safety-net hospitals defined in Section 5-5e.1 of this Code.
|
| (A) For Psychiatric days of care, the Department
| | may implement payment of this add-on by increasing the hospital specific psychiatric per diem rate, adjusted in accordance with subparagraph (A) of paragraph (2) of subsection (b) by $210, or by a separate add-on payment.
|
| (B) If the add-on adjustment is added to the
| | hospital specific psychiatric per diem rate to operationalize payment, the Department shall provide a rate sheet to each safety-net hospital, which identifies the hospital psychiatric per diem rate before and after the adjustment.
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| (C) The add-on adjustment shall not be considered
| | when setting the 90% minimum rate identified in paragraph (2) of subsection (b).
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| (9) For services provided on and after July 1, 2024,
| | and on or before December 31, 2026, subject to federal approval, in addition to the statewide standardized amount and any other payments authorized under this Code, a safety-net hospital health care equity add-on payment shall be paid for each inpatient General Acute and Psychiatric day of care, excluding Medicare-Medicaid dual eligible crossover days, for safety-net hospitals defined in Section 5-5e.1 of this Code, as follows:
|
| (A) if the safety-net hospital's Medicaid
| | inpatient utilization rate, as calculated under Section 5-5e.1 of this Code, is equal to or greater than 70%, the add-on payment shall be $425;
|
| (B) if the safety-net hospital's Medicaid
| | inpatient utilization rate, as calculated under Section 5-5e.1 of this Code, is equal to or greater than 50% and less than 70%, the add-on payment shall be $300;
|
| (C) if the safety-net hospital's Medicaid
| | inpatient utilization rate, as calculated under Section 5-5e.1 of this Code, is equal to or greater than 40% and less than 50%, the add-on payment shall be $225; and
|
| (D) if the safety-net hospital's Medicaid
| | inpatient utilization rate, as calculated under Section 5-5e.1 of this Code, is less than 40%, the add-on payment shall be $210.
|
| Qualification for the safety-net hospital health care
| | equity add-on payment shall be updated January 1, 2026, based on the MIUR determination effective 3 months prior to the start of the January 1, 2026 calendar year.
|
| Rates described in subparagraphs (A) through (C)
| | shall be adjusted annually beginning January 1, 2026 by applying a uniform factor to each rate to spend an approximate amount of $50,000,000 annually per year using State fiscal year 2024 days as a basis for calendar year 2026 rates.
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| The add-on adjustment under this paragraph shall not
| | be considered when setting the 90% minimum rate identified in subparagraph (B) of paragraph (2).
|
| (10) For services provided on and after July 1, 2024,
| | and on or before December 31, 2026, subject to federal approval, in addition to the statewide standardized amount and any other payments authorized under this Code, a safety-net hospital low volume add-on payment of $200 shall be paid for each inpatient General Acute and Psychiatric day of care, excluding Medicare-Medicaid dual eligible crossover days, for any safety-net hospital as defined in Section 5-5e.1 that provided less than 11,000 Medicaid inpatient days of care, excluding Medicare-Medicaid dual eligible crossover days, in the base period. As used in this paragraph, "base period" means State fiscal year 2022 admissions received by the Department prior to October 1, 2023 for the payment period July 1, 2024 through December 31, 2025, and beginning in calendar year 2026, the State fiscal year that ends 30 months before the applicable calendar year, such as State fiscal year 2023 admissions received by the Department prior to October 1, 2024, for calendar year 2026.
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| (c) The Department shall take all actions necessary to ensure the changes authorized in Public Act 103-102 and this amendatory Act of the 103rd General Assembly are in effect for dates of service on and after the effective date of the changes made to this Section by this amendatory Act of the 103rd General Assembly, including publishing all appropriate public notices, applying for federal approval of amendments to the Illinois Title XIX State Plan, and adopting administrative rules if necessary.
(d) The Department of Healthcare and Family Services may adopt rules necessary to implement the changes made by Public Act 103-102 and this amendatory Act of the 103rd General Assembly through the use of emergency rulemaking in accordance with Section 5-45 of the Illinois Administrative Procedure Act. The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this Section. The General Assembly finds that the adoption of rules to implement the changes made by Public Act 103-102 and this amendatory Act of the 103rd General Assembly is deemed an emergency and necessary for the public interest, safety, and welfare.
(e) The Department shall ensure that all necessary adjustments to the managed care organization capitation base rates necessitated by the adjustments in this Section are completed, published, and applied in accordance with Section 5-30.8 of this Code 90 days prior to the implementation date of the changes required under Public Act 103-102 and this amendatory Act of the 103rd General Assembly.
(f) The Department shall publish updated rate sheets or add-on payment amounts, as applicable, for all hospitals 30 days prior to the effective date of the rate increase, or within 30 days after federal approval by the Centers for Medicare and Medicaid Services, whichever is later.
(Source: P.A. 103-102, eff. 6-16-23; 103-593, eff. 6-7-24.)
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305 ILCS 5/14-12.7 (305 ILCS 5/14-12.7) Sec. 14-12.7. Public critical access hospital stabilization program. (a) In order to address the growing challenges of providing stable access to healthcare in rural Illinois, by October 1, 2023, the Department shall adopt rules to implement for dates of service on and after January 1, 2024, subject to federal approval, a program to provide at least $3,500,000 in annual financial support to public, critical access hospitals in Illinois, for the delivery of perinatal and obstetrical or gynecological services, behavioral healthcare services, including substance use disorder services, telehealth services, and other specialty services. (b) The funding allocation methodology shall provide added consideration to the services provided by qualifying hospitals designated by the Department of Public Health as a perinatal center. (c) Public critical access hospitals qualifying under this Section shall not be eligible for payment under subsection (o) of Section 5A-12.7 of this Code. (d) As used in this Section, "public critical access hospital" means a hospital designated by the Department of Public Health as a critical access hospital and that is owned or operated by an Illinois Government body or municipality.
(Source: P.A. 103-102, eff. 6-16-23.) |
305 ILCS 5/14-13 (305 ILCS 5/14-13) Sec. 14-13. Reimbursement for inpatient stays extended beyond medical necessity. (a) By October 1, 2019, the Department shall by rule implement a methodology effective for dates of service July 1, 2019 and later to reimburse hospitals for inpatient stays extended beyond medical necessity due to the inability of the Department or the managed care organization in which a recipient is enrolled or the hospital discharge planner to find an appropriate placement after discharge from the hospital. The Department shall evaluate the effectiveness of the current reimbursement rate for inpatient hospital stays beyond medical necessity. (b) The methodology shall provide reasonable compensation for the services provided attributable to the days of the extended stay for which the prevailing rate methodology provides no reimbursement. The Department may use a day outlier program to satisfy this requirement. The reimbursement rate shall be set at a level so as not to act as an incentive to avoid transfer to the appropriate level of care needed or placement, after discharge. (c) The Department shall require managed care organizations to adopt this methodology or an alternative methodology that pays at least as much as the Department's adopted methodology unless otherwise mutually agreed upon contractual language is developed by the provider and the managed care organization for a risk-based or innovative payment methodology. (d) Days beyond medical necessity shall not be eligible for per diem add-on payments under the Medicaid High Volume Adjustment (MHVA) or the Medicaid Percentage Adjustment (MPA) programs. (e) For services covered by the fee-for-service program, reimbursement under this Section shall only be made for days beyond medical necessity that occur after the hospital has notified the Department of the need for post-discharge placement. For services covered by a managed care organization, hospitals shall notify the appropriate managed care organization of an admission within 24 hours of admission. For every 24-hour period beyond the initial 24 hours after admission that the hospital fails to notify the managed care organization of the admission, reimbursement under this subsection shall be reduced by one day. (f) The Department of Children and Family Services shall pay for all inpatient stays beginning on the 3rd day a child is in the hospital beyond medical necessity, and the parent or caregiver has denied the child access to the home and has refused or failed to make provisions for another living arrangement for the child or the child's discharge is being delayed due to a pending inquiry or investigation by the Department of Children and Family Services. (Source: P.A. 102-4, eff. 4-27-21; 103-593, eff. 6-7-24.) |
305 ILCS 5/14-14 (305 ILCS 5/14-14) Sec. 14-14. Increasing access to primary care in hospitals. The Department of Healthcare and Family Services shall develop a program to facilitate coordination between Federally Qualified Health Centers (FQHCs) and safety net hospitals, with the goal of increasing care coordination, managing chronic diseases, and addressing the social determinants of health on or before December 31, 2021. Coordination between FQHCs and safety hospitals may include, but is not limited to, embedding FQHC staff in hospitals, utilizing health information technology for care coordination, and enabling FQHCs to connect hospital patients to community-based resources when needed to provide whole-person care. In addition, the Department shall develop a payment methodology to allow FQHCs to provide care coordination services, including, but not limited to, chronic disease management and behavioral health services. The Department of Healthcare and Family Services shall develop a payment methodology to allow for FQHC care coordination services by no later than December 31, 2021.
(Source: P.A. 102-4, eff. 4-27-21.) |
305 ILCS 5/Art. XV
(305 ILCS 5/Art. XV heading)
ARTICLE XV.
COUNTY PROVIDER TRUST FUND
(Source: P.A. 103-154, eff. 6-30-23.) |
305 ILCS 5/15-1
(305 ILCS 5/15-1) (from Ch. 23, par. 15-1)
Sec. 15-1. Definitions. As used in this Article, unless the context
requires otherwise:
(a) (Blank).
(a-5) "County provider" means a health care provider that is, or is
operated by, a county with a population greater than 3,000,000.
(b) "Fund" means the County Provider Trust Fund.
(c) "Hospital" or "County hospital" means a hospital, as defined in Section
14-1 of this Code, which is a county hospital located in a county of over
3,000,000 population.
(Source: P.A. 97-687, eff. 6-14-12; 97-689, eff. 6-14-12.)
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305 ILCS 5/15-2
(305 ILCS 5/15-2) (from Ch. 23, par. 15-2)
Sec. 15-2. County Provider Trust Fund.
(a) There is created in the State Treasury the County Provider
Trust Fund. Interest earned by the Fund shall be credited to the Fund.
The Fund shall not be used to replace any funds appropriated to the
Medicaid program by the General Assembly.
(b) The Fund is created solely for the purposes of receiving, investing,
and distributing monies in accordance with this Article XV. The Fund shall
consist of:
(1) All monies collected or received by the Illinois | | Department under Section 15-3 of this Code;
|
|
(2) All federal financial participation monies
| | received by the Illinois Department pursuant to Title XIX of the Social Security Act, 42 U.S.C. 1396b, attributable to eligible expenditures made by the Illinois Department pursuant to Section 15-5 of this Code;
|
|
(3) All federal moneys received by the Illinois
| | Department pursuant to Title XXI of the Social Security Act attributable to eligible expenditures made by the Illinois Department pursuant to Section 15-5 of this Code; and
|
|
(4) All other monies received by the Fund from any
| | source, including interest thereon.
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|
(c) Disbursements from the Fund shall be by warrants drawn by the State
Comptroller upon receipt of vouchers duly executed and certified by the
Illinois Department and shall be made only:
(1) For hospital inpatient care, hospital outpatient
| | care, care provided by other outpatient facilities operated by a county, and disproportionate share hospital adjustment payments made under Title XIX of the Social Security Act and Article V of this Code as required by Section 15-5 of this Code;
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|
(1.5) For services provided or purchased by county
| | providers pursuant to Section 5-11 of this Code;
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|
(2) For the reimbursement of administrative expenses
| | incurred by county providers on behalf of the Illinois Department as permitted by Section 15-4 of this Code;
|
|
(3) For the reimbursement of monies received by the
| | Fund through error or mistake;
|
|
(4) For the payment of administrative expenses
| | necessarily incurred by the Illinois Department or its agent in performing the activities required by this Article XV;
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|
(5) For the payment of any amounts that are
| | reimbursable to the federal government, attributable solely to the Fund, and required to be paid by State warrant;
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|
(6) For hospital inpatient care, hospital outpatient
| | care, care provided by other outpatient facilities operated by a county, and disproportionate share hospital adjustment payments made under Title XXI of the Social Security Act, pursuant to Section 15-5 of this Code; and
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|
(7) For medical care and related services provided
| | pursuant to a contract with a county.
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| (Source: P.A. 97-687, eff. 6-14-12.)
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305 ILCS 5/15-3
(305 ILCS 5/15-3) (from Ch. 23, par. 15-3)
Sec. 15-3. Intergovernmental Transfers.
(a) Each qualifying county shall make an annual intergovernmental transfer
to the Illinois Department in an amount equal to the difference
between the total payments made by the Illinois Department pursuant to subsection (a) of Section 15-5 of this Code
and the total federal financial participation monies received by the fund in
each fiscal year ending June 30.
(b) The payment schedule for the intergovernmental transfer made
hereunder shall be established by intergovernmental agreement between the
Illinois Department and the applicable county, which agreement shall at
a minimum provide:
(1) For periodic payments no less frequently than | | monthly to the county provider for inpatient and outpatient approved or adjudicated claims and for disproportionate share adjustment payments as may be specified in the Illinois Title XIX State plan.
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|
(2) (Blank.)
(3) For calculation of the intergovernmental transfer
| | payment to be made by the county equal to the difference between the amount of the periodic payments to county providers and any amount of federal financial participation due the Illinois Department under Titles XIX and XXI of the Social Security Act as a result of such payments to county providers.
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|
(4) For an intergovernmental transfer methodology
| | which obligates the Illinois Department to notify the county in writing of each impending periodic payment and the intergovernmental transfer payment attributable thereto and which obligates the Comptroller to release the periodic payment to the county provider within one working day of receipt of the intergovernmental transfer payment from the county.
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|
(Source: P.A. 95-859, eff. 8-19-08.)
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305 ILCS 5/15-4
(305 ILCS 5/15-4) (from Ch. 23, par. 15-4)
Sec. 15-4.
Contractual assumption of certain expenses.
Hospitals may,
at their election, by written agreement between the counties owning and
operating the hospitals and the Illinois Department, assume specified
expenses of the operation of the Illinois Department associated with the
determination of eligibility, direct payment of which expenses by the
Illinois Department would qualify as public funds expended by the Illinois
Department for the Illinois Medical Assistance Program or other health
care programs administered by the Illinois Department. The Illinois
Department shall open an adequately staffed special on-site office or
offices at facilities designated by the county for the purpose of assisting
the county in ensuring that all eligible individuals are enrolled in the
Illinois Medical Assistance Program. Each such agreement, executed in
accordance with Section 3 of the Intergovernmental Cooperation Act, shall
describe the operational expenses to be assumed in sufficient detail to
permit the Illinois Department to certify upon such written obligation or
performance thereunder that the hospital's compliance with the terms of the
agreement will amount to the commitment of public funds eligible for the
federal financial participation or other federal funding called for in
Title XIX or Title XXI of the Social Security Act.
(Source: P.A. 91-24, eff. 7-1-99; 92-370, eff. 8-15-01.)
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305 ILCS 5/15-5
(305 ILCS 5/15-5) (from Ch. 23, par. 15-5)
Sec. 15-5. Disbursements from the Fund.
(a) The monies in the Fund shall be disbursed only as provided in
Section 15-2 of this Code and as follows:
(1) To the extent that such costs are reimbursable | | under federal law, to pay the county hospitals' inpatient reimbursement rates based on actual costs incurred, trended forward annually by an inflation index.
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(2) To the extent that such costs are reimbursable
| | under federal law, to pay county hospitals and county operated outpatient facilities for outpatient services based on a federally approved methodology to cover the maximum allowable costs.
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|
(3) To pay the county hospitals disproportionate
| | share hospital adjustment payments as may be specified in the Illinois Title XIX State plan.
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|
(3.5) To pay county providers for services provided
| | or purchased pursuant to Section 5-11 of this Code.
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|
(4) To reimburse the county providers for expenses
| | contractually assumed pursuant to Section 15-4 of this Code.
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|
(5) To pay the Illinois Department its necessary
| | administrative expenses relative to the Fund and other amounts agreed to, if any, by the county providers in the agreement provided for in subsection (c).
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(6) To pay the county providers any other amount due
| | according to a federally approved State plan, including but not limited to payments made under the provisions of Section 701(d)(3)(B) of the federal Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000. Intergovernmental transfers supporting payments under this paragraph (6) shall not be subject to the computation described in subsection (a) of Section 15-3 of this Code, but shall be computed as the difference between the total of such payments made by the Illinois Department to county providers less any amount of federal financial participation due the Illinois Department under Titles XIX and XXI of the Social Security Act as a result of such payments to county providers.
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|
(b) The Illinois Department shall promptly seek all appropriate
amendments to the Illinois Title XIX State Plan to maximize reimbursement, including disproportionate share hospital adjustment payments, to the county providers.
(c) (Blank).
(d) The payments provided for herein are intended to cover services
rendered on and after July 1, 1991, and any agreement executed between a
qualifying county and the Illinois Department pursuant to this Section may
relate back to that date, provided the Illinois Department obtains federal
approval. Any changes in payment rates resulting from the provisions of
Article 3 of this amendatory Act of 1992 are intended to apply to services
rendered on or after October 1, 1992, and any agreement executed between a
qualifying county and the Illinois Department pursuant to this Section may
be effective as of that date.
(e) If one or more hospitals file suit in any court challenging any part
of this Article XV, payments to hospitals from the Fund under this Article
XV shall be made only to the extent that sufficient monies are available in
the Fund and only to the extent that any monies in the Fund are not
prohibited from disbursement and may be disbursed under any order of the court.
(f) All payments under this Section are contingent upon federal
approval of changes to the Title XIX State plan, if that approval is required.
(Source: P.A. 97-687, eff. 6-14-12.)
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305 ILCS 5/15-6
(305 ILCS 5/15-6) (from Ch. 23, par. 15-6)
Sec. 15-6.
Annual audit.
(a) Within 120 days after the end of each fiscal year of each county
hospital, the Illinois Department shall conduct an annual audit of the Fund
to determine that amounts received from or paid to county providers were correct.
If such an audit identifies amounts that a county provider
should not have been
required to pay but did pay, a county provider should have
been required to pay
but did not pay, a county provider should not have received
but did receive, or a
county provider should have received but did not receive, the
Illinois Department
shall:
(1) Make required payments to any such county | |
(2) Take action to recover required amounts from any
| | such county provider, including recoupment from future payments.
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|
(b) Amounts recovered from a county provider shall be
credited to the Fund. A
county provider is entitled to recover amounts paid to the
Illinois Department
into the Fund and to receive refunds and payment from the Illinois
Department for payments that should have been paid from the Fund only to
the extent that monies are available in the Fund.
(Source: P.A. 87-13; 88-554, eff. 7-26-94.)
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305 ILCS 5/15-7
(305 ILCS 5/15-7) (from Ch. 23, par. 15-7)
Sec. 15-7.
Applicability.
The requirements of this Article XV shall
apply only as long as federal funds under Title XIX of the Social Security
Act are available to match the intergovernmental transfer payments made and
disbursed under this Article and only as long as reimbursable expenditures
are matched by the federal government at a rate of at least 50%. Whenever
the Illinois Department is informed that federal funds are not available
for these purposes, or shall be available at a lower percentage, this
Article XV shall no longer apply and the Illinois Department shall promptly
refund to each county provider the amount of money currently
in the Fund that has
been paid by the county provider, plus any investment earnings
on that amount.
(Source: P.A. 87-13; 87-861; 88-554, eff. 7-26-94.)
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305 ILCS 5/15-8
(305 ILCS 5/15-8) (from Ch. 23, par. 15-8)
Sec. 15-8. Federal disallowances. In the event of any federal deferral
or disallowance of any federal matching funds obtained through this Article
which have been disbursed by the Illinois Department under this Article
based upon challenges to reimbursement methodologies, the full faith and credit of the county is pledged for
repayment by the county of those amounts deferred or disallowed to the
Illinois Department.
(Source: P.A. 95-859, eff. 8-19-08.)
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305 ILCS 5/15-9
(305 ILCS 5/15-9) (from Ch. 23, par. 15-9)
Sec. 15-9.
Waiver of appropriation procedures.
Notwithstanding the
provisions of Sections 6-24001 and 6-24008 of the Counties Code, or any
comparable provision relating to appropriations, the board of commissioners
of qualifying counties may, during each fiscal year, adopt a supplemental
appropriation bill or resolution for expenditures by qualifying counties on
behalf of or by qualifying county hospitals of any funds received hereunder
and the payment of fees to be collected under this Article in an amount
not in excess of any such additional revenue available to that county, or
estimated to be received by that county, subsequent to the adoption of the
annual appropriation bill or resolution for that fiscal year. The
supplemental appropriation bill or resolution shall only affect revenue
that was not available for appropriation when the annual appropriation bill
or resolution was adopted, and the provisions of Section 6-24004 of the
Counties Code or any other comparable provision relating to publication,
notice, and public hearing shall not be applicable to such supplemental
appropriation bill or resolution or to the budget document forming the
basis thereof.
(Source: P.A. 87-13.)
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305 ILCS 5/15-10 (305 ILCS 5/15-10) Sec. 15-10. Disproportionate share hospital adjustment payments. (a) The provisions of this Section become operative if: (1) The federal government approves State Plan | | Amendment transmittal number 08-06 or a State Plan Amendment that permits disproportionate share hospital adjustment payments to be made to county hospitals.
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| (2) Proposed federal regulations, or other
| | regulations or limitations driven by the federal government, negatively impact the net revenues realized by county providers from the Fund during a State fiscal year by more than 15%, as measured by the aggregate average net monthly payment received by the county providers from the Fund from July 2007 through May 2008.
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| (3) The county providers have in good faith submitted
| | timely, complete, and accurate cost reports and supplemental documents as required by the Illinois Department.
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| (4) the county providers maintain and bill for
| | service volumes to individuals eligible for medical assistance under this Code that are no lower than 85% of the volumes provided by and billed to the Illinois Department by the county providers associated with payments received by the county providers from July 2007 through May 2008. Given the substantial financial burdens of the county associated with uncompensated care, the Illinois Department shall make good faith efforts to work with the county to maintain Medicaid volumes to the extent that the county has the adequate capacity to meet the obligations of patient volumes.
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| The Illinois Department and the county shall include in an intergovernmental agreement the process by which these conditions are assessed. The parties may, if necessary, contract with a large, nationally recognized public accounting firm to carry out this function.
(b) If the conditions of subsection (a) are met, and subject to appropriation or other available funding for such purpose, the Illinois Department shall make a payment or otherwise make funds available to the county hospitals, during the lapse period, that provides for total payments to be at least at a level that is equivalent to the total fee-for-service payments received by the county providers that are enrolled with the Illinois Department to provide services during the fiscal year of the payment from the Fund from July 2007 through May 2008 multiplied by twelve-elevenths.
(c) In addition, notwithstanding any provision in subsection (a), the Illinois Department shall maximize disproportionate share hospital adjustment payments to the county hospitals that, at a minimum, are 42% of the State's federal fiscal year 2007 disproportionate share allocation.
(d) For the purposes of this Section, "net revenues" means the difference between the total fee-for-service payments made by the Illinois Department to county providers less the intergovernmental transfer made by the county in support of those payments.
(e) If (i) the disproportionate share hospital adjustment State Plan Amendment referenced in subdivision (a)(1) is not approved, or (ii) any reconciliation of payments to costs incurred would require repayment to the federal government of at least $2,500,000, or (iii) there is no funding available for the Illinois Department's obligations under subsection (b), the Illinois Department, the county, and the leadership of the General Assembly shall designate individuals to convene, within 30 days, to discuss how mutual funding goals for the county providers are to be achieved.
(Source: P.A. 95-859, eff. 8-19-08.)
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305 ILCS 5/15-11 (305 ILCS 5/15-11) Sec. 15-11. Uses of State funds. (a) At any point, if State revenues referenced in subsection (b) or (c) of Section 15-10 or additional State grants are disbursed to the Cook County Health and Hospitals System, all funds may be used only for the following: (1) medical services provided at hospitals or clinics | | owned and operated by the Cook County Health and Hospitals System;
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| (2) information technology to enhance billing
| | capabilities for medical claiming and reimbursement; or
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| (3) services purchased by county providers pursuant
| | to Section 5-11 of this Code.
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| (b) State funds may not be used for the following:
(1) non-clinical services, except services that may
| | be required by accreditation bodies or State or federal regulatory or licensing authorities;
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| (2) non-clinical support staff, except as pursuant to
| | paragraph (1) of this subsection; or
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| (3) capital improvements, other than investments in
| | medical technology, except for capital improvements that may be required by accreditation bodies or State or federal regulatory or licensing authorities.
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(Source: P.A. 97-687, eff. 6-14-12.)
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305 ILCS 5/Art. XVI
(305 ILCS 5/Art. XVI heading)
ARTICLE XVI. SURVIVOR SUPPORT AND TRAFFICKING PREVENTION
(Source: P.A. 99-870, eff. 8-22-16.) |
305 ILCS 5/16-1 (305 ILCS 5/16-1) Sec. 16-1. Benefits for foreign-born victims of trafficking, torture, or other serious crimes. In order to protect persons who are foreign-born victims of trafficking, torture, or other serious crimes and to reduce the risk of further harm, exploitation, and re-trafficking, beginning January 1, 2018, cash assistance provided under the Temporary Assistance for Needy Families program established under Article IV of this Code and benefits provided under the federal Supplemental Nutrition Assistance Program (SNAP) shall be provided to such persons and their derivative family members to the same extent cash assistance and SNAP benefits are provided to individuals who are admitted to the United States as refugees under Section 1157 of Title 8 of the United States Code. To the extent that federal funding is not available, any cash assistance or SNAP benefits provided under this Article shall be paid from State funds. If changes made in
this Section require federal approval, they shall not take
effect until such approval has been received.
(Source: P.A. 99-870, eff. 8-22-16.) |
305 ILCS 5/16-2 (305 ILCS 5/16-2) Sec. 16-2. Eligibility. Subject to available funding, a foreign-born victim of trafficking, torture, or other serious crimes and the individual's derivative family members, but not a single adult without derivative family members, are eligible for cash assistance or SNAP benefits under this Article if the individual: (a) has filed: (1) an application for T Nonimmigrant status with | | the appropriate federal agency pursuant to Section 1101(a)(15)(T) of Title 8 of the United States Code, or is otherwise taking steps to meet the conditions for federal benefits eligibility under Section 7105 of Title 22 of the United States Code;
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| (2) a formal application with the appropriate
| | federal agency for status pursuant to Section 1101(a)(15)(U) of Title 8 of the United States Code; or
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| (3) a formal application with the appropriate
| | federal agency for status under Section 1158 of Title 8 of the United States Code; and
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| (b) is otherwise eligible for cash assistance or SNAP
| | An individual residing in an institution or other setting that provides the majority of the individual's daily meals is not eligible for SNAP benefits.
(Source: P.A. 103-588, eff. 6-5-24.)
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305 ILCS 5/16-3 (305 ILCS 5/16-3) Sec. 16-3. Determination of eligibility. (a) The Department shall determine that an applicant for cash assistance or SNAP benefits provided under this Article is eligible for such benefits if the applicant meets the income guidelines and is otherwise eligible and either: (1) the applicant has filed: (A) an application for T Nonimmigrant status with | | the appropriate federal agency pursuant to Section 1101(a)(15)(T) of Title 8 of the United States Code, or is otherwise taking steps to meet the conditions for federal benefits eligibility under Section 7105 of Title 22 of the United States Code;
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| (B) a formal application with the appropriate
| | federal agency for status pursuant to Section 1101(a)(15)(U) of Title 8 of the United States Code; or
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| (C) a formal application with the appropriate
| | federal agency for status under Section 1158 of Title 8 of the United States Code; or
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| (2) the applicant, or a representative of the
| | applicant if the applicant is not competent, has provided to the Department:
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| (A) a sworn statement that he or she is a
| | foreign-born victim of trafficking, torture, or other serious crimes; and
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| (B) at least one item of additional credible
| | evidence, including, but not limited to, any of the following:
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| (i) police, government agency, or court
| | (ii) news articles;
(iii) documentation from a social services,
| | trafficking, domestic violence program or rape crisis center, or a legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with the crime;
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| (iv) a statement from any other individual
| | with knowledge of the circumstances that provided the basis for the claim;
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| (v) physical evidence;
(vi) a copy of a completed visa application;
| | (vii) written notice from the federal agency
| | of receipt of the visa application.
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| (b) The Department may, in its discretion, provide cash assistance or SNAP benefits pursuant to this Article to an applicant who cannot provide additional evidence as set forth in subparagraph (B) of paragraph (2) of subsection (a) if:
(1) the applicant, or a representative of the
| | applicant if the applicant is not competent, has provided a sworn statement that he or she is a foreign-born victim of trafficking, torture, or other serious crimes; and
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| (2) the Department determines that the applicant is
| |
(Source: P.A. 99-870, eff. 8-22-16.)
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305 ILCS 5/16-4 (305 ILCS 5/16-4) Sec. 16-4. Work requirements and exemptions. (a) Persons who are foreign-born victims of trafficking, torture, or other serious crimes and who are receiving cash assistance or SNAP benefits under this Article shall be subject to the same work requirements and work requirement exemptions as other recipients of cash assistance or SNAP benefits, provided that compliance with these requirements is authorized by law. (b) A person who is a foreign-born victim of trafficking, torture, or other serious crimes shall be exempted from any work requirements if physical or psychological trauma related to or arising from the trafficking, torture, or other serious crimes impedes his or her ability to comply.
(Source: P.A. 99-870, eff. 8-22-16.) |
305 ILCS 5/16-5 (305 ILCS 5/16-5) Sec. 16-5. Termination of benefits. (a) Any cash assistance or SNAP benefits provided under this Article to a person who is a foreign-born victim of trafficking, torture, or other serious crimes and his or her derivative family members shall be terminated if there is a final denial of that person's visa or asylum application under Section 1101(a)(15)(T), 1101(a)(15)(U), or 1158 of Title 8 of the United States Code. (b) A person who is a foreign-born victim of trafficking, torture, or other serious crimes and his or her derivative family members shall be ineligible for continued State-funded cash assistance or SNAP benefits provided under this Article if that person has not filed a formal application for status pursuant to Section 1101(a)(15)(T), 1101(a)(15)(U), or 1158 of Title 8 of the United States Code within one year after the date of his or her application for cash assistance or SNAP benefits provided under this Article. The Department of Human Services may extend the person's and his or her derivative family members' eligibility for medical assistance, cash assistance, or SNAP benefits beyond one year if the Department determines that the person, during the year of initial eligibility (i) experienced a health crisis, (ii) has been unable, after reasonable attempts, to obtain necessary information from a third party, or (iii) has other extenuating circumstances that prevented the person from completing his or her application for status.
(Source: P.A. 99-870, eff. 8-22-16; 100-201, eff. 8-18-17.) |
305 ILCS 5/16-6 (305 ILCS 5/16-6) Sec. 16-6. Rulemaking authority. The Department of Human Services shall adopt any rules necessary to implement the provisions of this Article on or before January 1, 2018.
(Source: P.A. 99-870, eff. 8-22-16.) |
305 ILCS 5/16-7
(305 ILCS 5/16-7)
Sec. 16-7. (Repealed).
(Source: P.A. 101-246, eff. 8-9-19. Repealed by P.A. 102-31, eff. 6-25-21.)
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