96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1779


 
Introduced 2/20/2009, by Sen. Mattie Hunter
 
SYNOPSIS AS INTRODUCED:
 		














305 ILCS 5/12-9
  from Ch. 23, par. 12-9







    Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning the Public Aid Recoveries Trust Fund.
















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A BILL FOR









 











SB1779

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    AN ACT concerning public aid.

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


 
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    Section 5. The Illinois Public Aid Code is amended  by 
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changing Section 12-9 as follows:
 



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    (305 ILCS 5/12-9)  (from Ch. 23, par. 12-9)



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    Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The The 
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Public Aid Recoveries Trust Fund shall consist of (1)

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recoveries by the Department of Healthcare and Family Services 
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(formerly Illinois Department of Public Aid) authorized by this 
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Code
in respect to applicants or recipients under Articles III, 
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IV, V, and VI,
including recoveries made by the Department of 
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Healthcare and Family Services (formerly Illinois Department 
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of Public
Aid) from the estates of deceased recipients, (2) 
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recoveries made by the
Department of Healthcare and Family 
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Services (formerly Illinois Department of Public Aid) in 
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respect to applicants and recipients under
the Children's 
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Health Insurance Program, and (3) federal funds received on

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behalf of and earned by State universities and local 
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governmental entities
for services provided to
applicants or 
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recipients covered under this Code.  The Fund shall be held
as a 
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special fund in the State Treasury.

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    Disbursements from this Fund shall be only (1) for the 
 


 






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reimbursement of
claims collected by the Department of 
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Healthcare and Family Services (formerly Illinois Department 
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of Public Aid) through error
or mistake, (2) for payment to 
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persons or agencies designated as payees or
co-payees on any 
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instrument, whether or not negotiable, delivered to the

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Department of Healthcare and Family Services (formerly

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Illinois Department of Public Aid) as a recovery under this 
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Section, such
payment to be in proportion to the respective 
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interests of the payees in the
amount so collected, (3) for 
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payments to the Department of Human Services
for collections 
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made by the Department of Healthcare and Family Services 
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(formerly Illinois Department of Public Aid) on behalf of
the 
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Department of Human Services under this Code, (4) for payment 
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of
administrative expenses incurred in performing the

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activities authorized under this Code, (5)
for payment of fees 
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to persons or agencies in the performance of activities

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pursuant to the collection of monies owed the State that are 
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collected
under this Code, (6) for payments of any amounts 
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which are
reimbursable to the federal government which are 
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required to be paid by State
warrant by either the State or 
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federal government, and (7) for payments
to State universities 
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and local governmental entities of federal funds for
services 
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provided to
applicants or recipients covered under this Code.  
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Disbursements
from this Fund for purposes of items (4) and (5) 
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of this
paragraph shall be subject to appropriations from the 
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Fund to the Department of Healthcare and Family Services 
 


 






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(formerly Illinois
Department of Public Aid).

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    The balance in this Fund on the first day of each calendar 
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quarter, after
payment therefrom of  any amounts reimbursable to 
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the federal government, and
minus the amount reasonably 
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anticipated to be needed to make the disbursements
during that 
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quarter authorized by this Section, shall be certified by the

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Director of Healthcare and Family Services and transferred by 
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the
State Comptroller to the Drug Rebate Fund or the General 
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Revenue Fund in
the State Treasury, as appropriate, within 30 
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days of the first day of
each calendar quarter.

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    On July 1, 1999, the State Comptroller shall transfer the 
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sum of $5,000,000
from the Public Aid Recoveries Trust Fund 
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(formerly the Public Assistance
Recoveries Trust Fund) into the 
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DHS Recoveries Trust Fund.

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(Source: P.A. 95-331, eff. 8-21-07.)