Illinois 2023 2023-2024 Regular Session

Illinois Senate Bill SB3268 Introduced / Bill

Filed 02/06/2024

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3268 Introduced 2/6/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED: See Index Amends the Illinois Public Aid Code. Provides that 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. Provides that 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. Provides that 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. Provides that 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. Repeals a provision requiring the Department of Healthcare and Family Services to conduct annual audits of the County Provider Trust Fund to determine that amounts received from or paid to county providers were correct. Amends the State Finance Act. Provides that 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 Provider Inquiry Trust Fund into the Healthcare Provider Relief Fund. Provides that upon completion of the transfer, the Provider Inquiry Trust Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the Healthcare Provider Relief Fund. Repeals provisions in the Illinois Public Aid Code concerning the Medicaid Research and Education Support Fund and enhancement payments for Medicaid research and education. Repeals the Supportive Living Facility Funding Article and the Supportive Living Facility Fund. Effective immediately. LRB103 39338 KTG 69500 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3268 Introduced 2/6/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:  See Index See Index  Amends the Illinois Public Aid Code. Provides that 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. Provides that 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. Provides that 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. Provides that 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. Repeals a provision requiring the Department of Healthcare and Family Services to conduct annual audits of the County Provider Trust Fund to determine that amounts received from or paid to county providers were correct. Amends the State Finance Act. Provides that 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 Provider Inquiry Trust Fund into the Healthcare Provider Relief Fund. Provides that upon completion of the transfer, the Provider Inquiry Trust Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the Healthcare Provider Relief Fund. Repeals provisions in the Illinois Public Aid Code concerning the Medicaid Research and Education Support Fund and enhancement payments for Medicaid research and education. Repeals the Supportive Living Facility Funding Article and the Supportive Living Facility Fund. Effective immediately.  LRB103 39338 KTG 69500 b     LRB103 39338 KTG 69500 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3268 Introduced 2/6/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Illinois Public Aid Code. Provides that 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. Provides that 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. Provides that 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. Provides that 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. Repeals a provision requiring the Department of Healthcare and Family Services to conduct annual audits of the County Provider Trust Fund to determine that amounts received from or paid to county providers were correct. Amends the State Finance Act. Provides that 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 Provider Inquiry Trust Fund into the Healthcare Provider Relief Fund. Provides that upon completion of the transfer, the Provider Inquiry Trust Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the Healthcare Provider Relief Fund. Repeals provisions in the Illinois Public Aid Code concerning the Medicaid Research and Education Support Fund and enhancement payments for Medicaid research and education. Repeals the Supportive Living Facility Funding Article and the Supportive Living Facility Fund. Effective immediately.
LRB103 39338 KTG 69500 b     LRB103 39338 KTG 69500 b
    LRB103 39338 KTG 69500 b
A BILL FOR
SB3268LRB103 39338 KTG 69500 b   SB3268  LRB103 39338 KTG 69500 b
  SB3268  LRB103 39338 KTG 69500 b
1  AN ACT concerning public aid.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Article 1.
5  (305 ILCS 5/15-6 rep.)
6  Section 1-5. The Illinois Public Aid Code is amended by
7  repealing Section 15-6.
8  Article 5.
9  Section 5-5. The State Finance Act is amended by changing
10  Section 5.797 as follows:
11  (30 ILCS 105/5.797)
12  Sec. 5.797. The Electronic Health Record Incentive Fund.
13  This Section is repealed on January 1, 2025.
14  (Source: P.A. 97-169, eff. 7-22-11; 97-813, eff. 7-13-12.)
15  Section 5-10. The Illinois Public Aid Code is amended by
16  changing Section 12-10.6a as follows:
17  (305 ILCS 5/12-10.6a)
18  Sec. 12-10.6a. The Electronic Health Record Incentive

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3268 Introduced 2/6/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Illinois Public Aid Code. Provides that 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. Provides that 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. Provides that 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. Provides that 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. Repeals a provision requiring the Department of Healthcare and Family Services to conduct annual audits of the County Provider Trust Fund to determine that amounts received from or paid to county providers were correct. Amends the State Finance Act. Provides that 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 Provider Inquiry Trust Fund into the Healthcare Provider Relief Fund. Provides that upon completion of the transfer, the Provider Inquiry Trust Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the Healthcare Provider Relief Fund. Repeals provisions in the Illinois Public Aid Code concerning the Medicaid Research and Education Support Fund and enhancement payments for Medicaid research and education. Repeals the Supportive Living Facility Funding Article and the Supportive Living Facility Fund. Effective immediately.
LRB103 39338 KTG 69500 b     LRB103 39338 KTG 69500 b
    LRB103 39338 KTG 69500 b
A BILL FOR

 

 

See Index



    LRB103 39338 KTG 69500 b

 

 



 

  SB3268  LRB103 39338 KTG 69500 b


SB3268- 2 -LRB103 39338 KTG 69500 b   SB3268 - 2 - LRB103 39338 KTG 69500 b
  SB3268 - 2 - LRB103 39338 KTG 69500 b
1  Fund.
2  (a) The Electronic Health Record Incentive Fund is a
3  special fund created in the State treasury. All federal moneys
4  received by the Department of Healthcare and Family Services
5  for payments to qualifying health care providers to encourage
6  the adoption and use of certified electronic health records
7  technology pursuant to paragraph 1903(t)(1) of the Social
8  Security Act, shall be deposited into the Fund.
9  (b) Disbursements from the Fund shall be made at the
10  direction of the Director of Healthcare and Family Services to
11  qualifying health care providers, in amounts established under
12  applicable federal regulation (42 CFR 495 et seq.), in order
13  to encourage the adoption and use of certified electronic
14  health records technology.
15  (c) On January 1, 2025, or as soon thereafter as
16  practical, the State Comptroller shall direct and the State
17  Treasurer shall transfer the remaining balance from the
18  Electronic Health Record Incentive Fund into the Public Aid
19  Recoveries Trust Fund. Upon completion of the transfer, the
20  Electronic Health Record Incentive Fund is dissolved, and any
21  future deposits due to that Fund and any outstanding
22  obligations or liabilities of that Fund shall pass to the
23  Public Aid Recoveries Trust Fund.
24  (Source: P.A. 97-169, eff. 7-22-11.)
25  Article 10.

 

 

  SB3268 - 2 - LRB103 39338 KTG 69500 b


SB3268- 3 -LRB103 39338 KTG 69500 b   SB3268 - 3 - LRB103 39338 KTG 69500 b
  SB3268 - 3 - LRB103 39338 KTG 69500 b
1  (30 ILCS 105/5.836 rep.)
2  Section 10-5. The State Finance Act is amended by
3  repealing Section 5.836.
4  (305 ILCS 5/5-31 rep.)
5  (305 ILCS 5/5-32 rep.)
6  Section 10-15. The Illinois Public Aid Code is amended by
7  repealing Sections 5-31 and 5-32.
8  Article 15.
9  Section 15-5. The State Finance Act is amended by changing
10  Section 5.481 as follows:
11  (30 ILCS 105/5.481)
12  Sec. 5.481. The Juvenile Rehabilitation Services Medicaid
13  Matching Fund. This Section is repealed on January 1, 2026.
14  (Source: P.A. 90-587, eff. 7-1-98.)
15  Section 15-10. The Illinois Public Aid Code is amended by
16  changing Sections 12-9 and 12-10.4 as follows:
17  (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
18  Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The
19  Public Aid Recoveries Trust Fund shall consist of (1)

 

 

  SB3268 - 3 - LRB103 39338 KTG 69500 b


SB3268- 4 -LRB103 39338 KTG 69500 b   SB3268 - 4 - LRB103 39338 KTG 69500 b
  SB3268 - 4 - LRB103 39338 KTG 69500 b
1  recoveries by the Department of Healthcare and Family Services
2  (formerly Illinois Department of Public Aid) authorized by
3  this Code in respect to applicants or recipients under
4  Articles III, IV, V, and VI, including recoveries made by the
5  Department of Healthcare and Family Services (formerly
6  Illinois Department of Public Aid) from the estates of
7  deceased recipients, (2) recoveries made by the Department of
8  Healthcare and Family Services (formerly Illinois Department
9  of Public Aid) in respect to applicants and recipients under
10  the Children's Health Insurance Program Act, and the Covering
11  ALL KIDS Health Insurance Act, (2.5) recoveries made by the
12  Department of Healthcare and Family Services in connection
13  with the imposition of an administrative penalty as provided
14  under Section 12-4.45, (3) federal funds received on behalf of
15  and earned by State universities, other State agencies or
16  departments, and local governmental entities for services
17  provided to applicants or recipients covered under this Code,
18  the Children's Health Insurance Program Act, and the Covering
19  ALL KIDS Health Insurance Act, (3.5) federal financial
20  participation revenue related to eligible disbursements made
21  by the Department of Healthcare and Family Services from
22  appropriations required by this Section, and (4) all other
23  moneys received to the Fund, including interest thereon. The
24  Fund shall be held as a special fund in the State Treasury.
25  Disbursements from this Fund shall be only (1) for the
26  reimbursement of claims collected by the Department of

 

 

  SB3268 - 4 - LRB103 39338 KTG 69500 b


SB3268- 5 -LRB103 39338 KTG 69500 b   SB3268 - 5 - LRB103 39338 KTG 69500 b
  SB3268 - 5 - LRB103 39338 KTG 69500 b
1  Healthcare and Family Services (formerly Illinois Department
2  of Public Aid) through error or mistake, (2) for payment to
3  persons or agencies designated as payees or co-payees on any
4  instrument, whether or not negotiable, delivered to the
5  Department of Healthcare and Family Services (formerly
6  Illinois Department of Public Aid) as a recovery under this
7  Section, such payment to be in proportion to the respective
8  interests of the payees in the amount so collected, (3) for
9  payments to the Department of Human Services for collections
10  made by the Department of Healthcare and Family Services
11  (formerly Illinois Department of Public Aid) on behalf of the
12  Department of Human Services under this Code, the Children's
13  Health Insurance Program Act, and the Covering ALL KIDS Health
14  Insurance Act, (4) for payment of administrative expenses
15  incurred in performing the activities authorized under this
16  Code, the Children's Health Insurance Program Act, and the
17  Covering ALL KIDS Health Insurance Act, (5) for payment of
18  fees to persons or agencies in the performance of activities
19  pursuant to the collection of monies owed the State that are
20  collected under this Code, the Children's Health Insurance
21  Program Act, and the Covering ALL KIDS Health Insurance Act,
22  (6) for payments of any amounts which are reimbursable to the
23  federal government which are required to be paid by State
24  warrant by either the State or federal government, and (7) for
25  payments to State universities, other State agencies or
26  departments, and local governmental entities of federal funds

 

 

  SB3268 - 5 - LRB103 39338 KTG 69500 b


SB3268- 6 -LRB103 39338 KTG 69500 b   SB3268 - 6 - LRB103 39338 KTG 69500 b
  SB3268 - 6 - LRB103 39338 KTG 69500 b
1  for services provided to applicants or recipients covered
2  under this Code, the Children's Health Insurance Program Act,
3  and the Covering ALL KIDS Health Insurance Act. Disbursements
4  from this Fund for purposes of items (4) and (5) of this
5  paragraph shall be subject to appropriations from the Fund to
6  the Department of Healthcare and Family Services (formerly
7  Illinois Department of Public Aid).
8  The balance in this Fund after payment therefrom of any
9  amounts reimbursable to the federal government, and minus the
10  amount reasonably anticipated to be needed to make the
11  disbursements authorized by this Section during the current
12  and following 3 calendar months, shall be certified by the
13  Director of Healthcare and Family Services and transferred by
14  the State Comptroller to the Drug Rebate Fund or the
15  Healthcare Provider Relief Fund in the State Treasury, as
16  appropriate, on at least an annual basis by June 30th of each
17  fiscal year. The Director of Healthcare and Family Services
18  may certify and the State Comptroller shall transfer to the
19  Drug Rebate Fund or the Healthcare Provider Relief Fund
20  amounts on a more frequent basis.
21  On July 1, 1999, the State Comptroller shall transfer the
22  sum of $5,000,000 from the Public Aid Recoveries Trust Fund
23  (formerly the Public Assistance Recoveries Trust Fund) into
24  the DHS Recoveries Trust Fund.
25  (Source: P.A. 97-647, eff. 1-1-12; 97-689, eff. 6-14-12;
26  98-130, eff. 8-2-13; 98-651, eff. 6-16-14.)

 

 

  SB3268 - 6 - LRB103 39338 KTG 69500 b


SB3268- 7 -LRB103 39338 KTG 69500 b   SB3268 - 7 - LRB103 39338 KTG 69500 b
  SB3268 - 7 - LRB103 39338 KTG 69500 b
1  (305 ILCS 5/12-10.4)
2  Sec. 12-10.4. Juvenile Rehabilitation Services Medicaid
3  Matching Fund.  There is created in the State Treasury the
4  Juvenile Rehabilitation Services Medicaid Matching Fund.
5  Deposits to this Fund shall consist of all moneys received
6  from the federal government for behavioral health services
7  secured by counties pursuant to an agreement with the
8  Department of Healthcare and Family Services with respect to
9  Title XIX of the Social Security Act or under the Children's
10  Health Insurance Program pursuant to the Children's Health
11  Insurance Program Act and Title XXI of the Social Security Act
12  for minors who are committed to mental health facilities by
13  the Illinois court system and for residential placements
14  secured by the Department of Juvenile Justice for minors as a
15  condition of their aftercare release.
16  Disbursements from the Fund shall be made, subject to
17  appropriation, by the Department of Healthcare and Family
18  Services for grants to the Department of Juvenile Justice and
19  those counties which secure behavioral health services ordered
20  by the courts and which have an interagency agreement with the
21  Department and submit detailed bills according to standards
22  determined by the Department.
23  On January 1, 2026, or as soon thereafter as practical,
24  the State Comptroller shall direct and the State Treasurer
25  shall transfer the remaining balance from the Juvenile

 

 

  SB3268 - 7 - LRB103 39338 KTG 69500 b


SB3268- 8 -LRB103 39338 KTG 69500 b   SB3268 - 8 - LRB103 39338 KTG 69500 b
  SB3268 - 8 - LRB103 39338 KTG 69500 b
1  Rehabilitation Services Medicaid Matching Fund into the Public
2  Aid Recoveries Trust Fund. Upon completion of the transfer,
3  the Juvenile Rehabilitation Services Medicaid Matching Fund is
4  dissolved, and any future deposits due to that Fund and any
5  outstanding obligations or liabilities of that Fund shall pass
6  to the Public Aid Recoveries Trust Fund.
7  (Source: P.A. 98-558, eff. 1-1-14.)
8  Article 20.
9  (30 ILCS 105/5.856 rep.)
10  Section 20-5. The State Finance Act is amended by
11  repealing Section 5.856.
12  (305 ILCS 5/Art. V-G rep.)
13  Section 20-10. The Illinois Public Aid Code is amended by
14  repealing Article V-G.
15  Article 25.
16  Section 25-5. The State Finance Act is amended by changing
17  Sections 5.409 and 6z-40 as follows:
18  (30 ILCS 105/5.409)
19  Sec. 5.409. The Provider Inquiry Trust Fund. This Section
20  is repealed on January 1, 2025.

 

 

  SB3268 - 8 - LRB103 39338 KTG 69500 b


SB3268- 9 -LRB103 39338 KTG 69500 b   SB3268 - 9 - LRB103 39338 KTG 69500 b
  SB3268 - 9 - LRB103 39338 KTG 69500 b
1  (Source: P.A. 89-21, eff. 7-1-95.)
2  (30 ILCS 105/6z-40)
3  Sec. 6z-40. Provider Inquiry Trust Fund. The Provider
4  Inquiry Trust Fund is created as a special fund in the State
5  treasury. Payments into the fund shall consist of fees or
6  other moneys owed by providers of services or their agents,
7  including other State agencies, for access to and utilization
8  of Illinois Department of Healthcare and Family Services
9  Public Aid eligibility files to verify eligibility of clients,
10  bills for services, or other similar, related uses.
11  Disbursements from the fund shall consist of payments to the
12  Department of Innovation and Technology Central Management
13  Services for communication and statistical services and for
14  payments for administrative expenses incurred by the Illinois
15  Department of Healthcare and Family Services Public Aid in the
16  operation of the fund.
17  On January 1, 2025, or as soon thereafter as practical,
18  the State Comptroller shall direct and the State Treasurer
19  shall transfer the remaining balance from the Provider Inquiry
20  Trust Fund into the Healthcare Provider Relief Fund. Upon
21  completion of the transfer, the Provider Inquiry Trust Fund is
22  dissolved, and any future deposits due to that Fund and any
23  outstanding obligations or liabilities of that Fund shall pass
24  to the Healthcare Provider Relief Fund.
25  (Source: P.A. 94-91, eff. 7-1-05.)

 

 

  SB3268 - 9 - LRB103 39338 KTG 69500 b


SB3268- 10 -LRB103 39338 KTG 69500 b   SB3268 - 10 - LRB103 39338 KTG 69500 b
  SB3268 - 10 - LRB103 39338 KTG 69500 b
1  Article 999.
2  Section 999-99. Effective date. This Act takes effect upon
3  becoming law.
SB3268- 11 -LRB103 39338 KTG 69500 b 1 INDEX 2 Statutes amended in order of appearance  SB3268- 11 -LRB103 39338 KTG 69500 b   SB3268 - 11 - LRB103 39338 KTG 69500 b  1  INDEX 2  Statutes amended in order of appearance
SB3268- 11 -LRB103 39338 KTG 69500 b   SB3268 - 11 - LRB103 39338 KTG 69500 b
  SB3268 - 11 - LRB103 39338 KTG 69500 b
1  INDEX
2  Statutes amended in order of appearance

 

 

  SB3268 - 10 - LRB103 39338 KTG 69500 b



SB3268- 11 -LRB103 39338 KTG 69500 b   SB3268 - 11 - LRB103 39338 KTG 69500 b
  SB3268 - 11 - LRB103 39338 KTG 69500 b
1  INDEX
2  Statutes amended in order of appearance

 

 

  SB3268 - 11 - LRB103 39338 KTG 69500 b